The economic position of womenAcademy of Political Science in the City of New York
History
The economic position of women
Academy of Political Science in the City of New York
Women -- Employment -- United States; Women -- United States -- Economic conditions
Toward legislation limiting the hours of labor of women the attitude
of the courts has on the whole been favorable. Ten-hour laws have been
sustained in Massachusetts, Pennsylvania, Nebraska, Washington and
Oregon, and the Oregon decision has been affirmed by the Supreme Court
of the United States. Against these decisions must be set that of the
supreme court of Illinois, rendered in 1895, declaring an eight-hour
day for women to be unconstitutional. A ten-hour law, modeled upon
that of Oregon, was enacted in Illinois in 1909, and a case involving
its constitutionality is now awaiting the decision of the supreme
court of the state.[57] The decision in the earlier Illinois case has
been much criticized, and the opinion contains statements which at
the present day would find the approval of few courts. Stripped of
superfluous dicta, and reduced to its vital points, the decision stands
for two things: that the adult woman is entitled to the same measure
of constitutional right as the adult man, and that the court did not
believe that an eight-hour day was a sanitary requirement even for
women. “There is no reasonable ground,” the court said, “at least none
which has been made manifest to us in the arguments of counsel, for
fixing on eight hours in one day as the limit within which woman can
work without injury to her physique, and beyond which, if she work,
injury will necessarily follow.”
This skepticism should not cause great surprise or indignation.
Notwithstanding the rapid change of opinion within the last two decades
in favor of restricting the hours of labor of women, an eight-hour
maximum day for women workers is even now unknown in America or in
Europe, and in Germany it took eighteen years, from 1892 to 1910, to
reduce the workday of female factory hands from eleven to ten hours. It
is easy to understand that a compulsory eight-hour day in 1893 or 1895
should have appeared to the court as an unreasonable and even arbitrary
interference with private rights. To say the least the case for such a
measure had not yet been made out.
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