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
Similar legislation has been in force in England since 1847, in
Switzerland since 1877, in Germany since the early nineties, in France
since the beginning of the present century. In our own country,
Massachusetts enacted a ten-hour law as early as 1876, and the supreme
courts of four states--Massachusetts, Nebraska, Washington and
Oregon--as well as the Supreme Court of the United States itself, have
sustained the constitutionality of such laws.
Why then should a measure, so long tested by human experience and so
obviously necessary in Illinois, the third manufacturing state in the
Union, require so earnest and determined a defense? The answer to this
query is found in the favorable decision of the Illinois Supreme Court,
handed down in April, 1910. It was the necessity of putting the case so
strongly before the court that it might reverse its earlier decision
of 1895. Fifteen years ago, the Supreme Court of Illinois in what is
known as the case of Ritchie _v._ The People, held that no restriction
whatever could be placed upon the working hours of adult women employed
in manufacture. The earlier statute had established the eight-hour day
for women employed in manufacture. It was held unconstitutional and
void, as a violation of individual freedom of contract. The present
statute establishes for the same classes of workers the ten-hour day.
The same principle is involved in both laws, namely, that the working
hours of adult women may be restricted by the legislature.
In its recent decision, holding that the ten-hour statute is a valid
exercise of the police power of the state and is not in violation of
the constitution of the state of Illinois, the supreme court lays
stress upon two points: first, that the present statute is a health
measure and is so described in its title and in its text, while neither
the title nor the text of the former eight-hour law, annulled in 1895,
specifically stated its relation to the subject of health; second,
that the present statute permits ten hours’ work in twenty-four,
while the former one permitted but eight hours. These two points call
for scrutiny and consideration. In future every ten-hour bill for
women should be entitled a health measure, as in fact it is. This
precaution costs neither time, money nor effort. Yet it may save the
law when on trial before a court of last resort upon the charge of
unconstitutionality.
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