Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
The Illinois Supreme Court has also held void, as infringing the “life,
liberty, or property” clause of the state constitution, the following
acts: (_a_) An act penalizing employers in the importation of workmen
from another state by reason of deceit touching the matter of the
existence of a strike or the sanitary condition of the employment:
_Josma_ v. _Western Steel Car Co._, 249 Ill. 508 (1911); compare,
however, _Williams_ v. _Fears_, 179 U.S. 270; (_b_) An act providing
that no public contractor shall employ alien labor on any public
work: _City of Chicago_ v. _Hulbert_, 205 Ill. 346 (1903). But in
_Atkin_ v. _Kansas_, 191 U.S. 207 (1903), the United States Supreme
Court held valid an act of Kansas making it a criminal offense for a
public contractor to permit or require an employee to perform labor
upon public work in excess of eight hours each day; (_c_) The miners’
washroom act, requiring owners of mines to provide a washroom at the
top of the mine for the use of the miners: _Starne_ v. _The People_,
222 Ill. 189 (1906); (_d_) An act prohibiting more than six persons
sleeping in one room in a lodging-house: _Bailey_ v. _The People_,
190 Ill. 28 (1901); (_e_) An act prescribing an eight-hour day for
women in certain occupations: _Ritchie_ v. _The People_, 155 Ill. 98
(1895). This case was approved in _Ritchie_ v. _Wayman_, 244 Ill. 509
(1911), which, however, held a ten-hour labor law for women in certain
occupations valid, following the ruling of the U.S. Supreme Court
sustaining a similar act passed in Oregon: _Muller_ v. _Oregon_, 208
U.S. 412 (1908). It seems entirely probable from its opinion in the
last-mentioned case that the United States Supreme Court would have
held valid the act condemned by the Illinois Supreme Court in _Ritchie_
v. _The People_, _supra_.
[26] “The proposal for a revived Second Chamber was, on the contrary,
carried with an unexpected degree of unanimity. The Protector pressed
it strongly upon the officers. ‘I tell you,’ he said, ‘that unless you
have some such thing as a balance we cannot be safe. Either you will
encroach upon our civil liberties by excluding such as are elected to
serve in Parliament--next time for aught I know you may exclude four
hundred--or they will encroach upon our religious liberty. By the
proceedings of this Parliament you see they stand in need of a check or
balancing power, for the case of James Naylor might happen to be your
case. By the same law and reason they punished Naylor they might punish
an Independent or an Anabaptist. By their judicial power they fall upon
life and member, and doth the Instrument enable me to control it? This
Instrument of Government will not do your work.’”--J. A. R. Marriott,
_Second Chambers_, p. 38.
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