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
The second point is more difficult. If in general the principle
is accepted that statutes restricting the working hours of adult
women must be obviously and convincingly health measures, then the
enactment of future eight-hour bills and nine-hour bills might well
be accompanied by the preparation of briefs showing the necessity
for the statutory shortening of the working day as overwhelmingly
as the Brandeis brief filed in the Illinois case proved the point in
the present instance. The specific statement in the present decision
that what judges know as men, they cannot profess to ignore as judges,
emphasizes the need of presenting to them the underlying social and
medical facts upon which legislation restricting women’s working hours
is fundamentally based.
The effectiveness of this procedure is shown by the experience of
the past two years. In January, 1908, Mr. Brandeis filed with the
Supreme Court of the United States, in defense of the Oregon ten-hour
law, a brief of one hundred and twelve pages, showing the action and
opinion of European nations and some American states governing the
working hours of women in the interest of the public health. His oral
plea on that occasion followed the same lines. The decision of the
court, written by the late Justice Brewer, was unanimous, sustaining
the statute and specifically stating that the court took “judicial
cognizance” of the “facts of common knowledge” brought before them. In
the recent Illinois case, Mr. Brandeis’s brief contained more than six
hundred pages of similar information gathered during the past year by
the writer under an appropriation from the Russell Sage Foundation.
These two decisions pave the way for an immediate nationwide campaign
for the ten-hour day for women employed in factories, mechanical
establishments and laundries in all those industrial states which have
not yet enacted such laws. A similar campaign is sorely needed in many
states in order to extend to women in stores, offices, telegraph and
telephone services, trade and transportation, the benefits already
enjoyed by their sisters employed in manufacture.
The National Consumers’ League has already enlisted for this campaign,
placing well to the fore in its program for the decennial period
1910-1920 the enactment of such laws.
FOOTNOTES:
[73] [By special request of the editor, Miss Goldmark has prepared this
brief comment on the Illinois decision, pointing out its practical
lessons without discussing the legal points involved. As is well known
to students of protective legislation, only the remarkable work of Miss
Goldmark in collecting and marshaling the mass of evidence scattered in
all sorts of documents both in this country and abroad made possible
the briefs that resulted in the sustaining of both the Oregon and the
Illinois law.--EDITOR.]
A SELECTED LIST OF BOOKS AND PAMPHLETS IN THE ENGLISH LANGUAGE ON WOMEN
IN INDUSTRY[74]
COMPILED FOR THE WOMEN’S TRADE UNION LEAGUE BY
CAROLA WOERISHOFFER
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