stood, so far as statutes are concerned, upon an absolutely equal plane with him, it would still be true that she is so constituted that she will rest upon and look to him for protection; that her physical structure and a proper discharge of her maternal functions--having in view not merely her own health, but the well-being of the race--justify legislation to protect her from the greed as well as the passion of man. The limitations which this statute places upon her contractual powers, upon her right to agree with her employer as to the time she shall labor, are not imposed solely for her benefit, but also largely for the benefit of all. Many words cannot make this plainer. The two sexes differ in structure of body, in the functions to be performed by each, in the amount of physical strength, in the capacity for long-continued labor, particularly when done standing, the influence of vigorous health upon the future well-being of the race, the self-reliance which enables one to assert full rights, and in the capacity to maintain the struggle for subsistence. This difference justifies a difference in legislation and upholds that which is designed to compensate for some of the burdens which rest upon her. We have not referred in this discussion to the denial of the elective franchise in the state of Oregon, for while it may disclose a lack of political equality in all things with her brother, that is not of itself decisive. The reason runs deeper, and rests in the inherent difference between the two sexes, and in the different functions in life which they perform.[62] It is to be noted that the Supreme Court refuses to regard the non-possession of active political rights as a controlling element. Under a system which sets constitutional limitations against the popular will as expressed through the ordinary elective franchise, the treatment of the latter as relatively indifferent has a certain plausibility which would be much more doubtful in England or Germany. If the vote cannot secure shorter hours, it may be argued that the absence of the vote cannot be a valid reason for allowing the exercise of the power. If, on the other hand, shorter hours are demanded in the interest of the public, the bestowal of the franchise should not forfeit the benefit of the measure. From a practical point of view, however, political power is an important, if not in the long run decisive, factor in the economic struggle, and as long as it is withheld from women they have a claim to special protection from the state, which they may put forward as a requirement of justice, without conceding that their status is naturally one of dependence and inferiority. There is another argument in favor of a larger state interference with the freedom of contract in the case of women than in that of men, which has received little attention, but seems to deserve consideration.