Protective Labor Legislation: With Special Reference to Women in the State of New YorkColumbia University, 1925 - 463 pages |
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Page 34
... week . . . . The case at bar falls directly within the rules announced in the Lochner case.1 And as the Supreme ... weekly day of rest , began the series of appeals from the fiat of legislatures in their effort to protect men from being ...
... week . . . . The case at bar falls directly within the rules announced in the Lochner case.1 And as the Supreme ... weekly day of rest , began the series of appeals from the fiat of legislatures in their effort to protect men from being ...
Page 41
... week . Carried first into the lower and then into the higher courts of the state , the act was declared constitutional as a health measure under the police power . The law was the subject of vehement discussion by the justices of the ...
... week . Carried first into the lower and then into the higher courts of the state , the act was declared constitutional as a health measure under the police power . The law was the subject of vehement discussion by the justices of the ...
Page 42
... week . Such legislation , under such circumstances , is a health law and is a valid exercise of the police power.1 From the decision of the state court the case was appealed to the Supreme Court of the United States where it was finally ...
... week . Such legislation , under such circumstances , is a health law and is a valid exercise of the police power.1 From the decision of the state court the case was appealed to the Supreme Court of the United States where it was finally ...
Page 59
... week as a maxi- mum working time for women and children in any manu- facturing establishment . ' The issue appears to have puz- zled the jurists , who adjudicated it on negative grounds rather than from any positive sense of its ...
... week as a maxi- mum working time for women and children in any manu- facturing establishment . ' The issue appears to have puz- zled the jurists , who adjudicated it on negative grounds rather than from any positive sense of its ...
Page 61
... week . " Surely an act which prevents the mothers of our race from being tempted to endanger their life and health by exhaustive employment can be condemned by none save those who expect to profit by it , " 1 remarked the court , and ...
... week . " Surely an act which prevents the mothers of our race from being tempted to endanger their life and health by exhaustive employment can be condemned by none save those who expect to profit by it , " 1 remarked the court , and ...
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Common terms and phrases
¹ Annual adult women amendment Annual Report bill Brooklyn Rapid Transit Bulletin canneries cent child labor Commissioner of Labor committee constitutional Consumers core decision declared Department of Labor effect eight-hour day employees employment of women enacted enforcement fact Factory Investigating Commission factory law Federal Felix Frankfurter females Florence Kelley foundries Frances Perkins homework hours a day hours a week hours of labor hours of women increased Industrial Commission inspection inspectors Justice Labor Law Labor Legislation laundries laws for women legis legislature less limited male manufacturers Massachusetts ment mercantile establishments minimum wage law National Woman's Party night work prohibition number of women occupations opinion Oregon organized overtime permitted provision regulation restrictions result seats special protection statute Supreme Court tenement house tion total number Trade Union violation welfare woman women and children women employed Women in Industry Women's Bureau York City York Factory York Tribune
Popular passages
Page 65 - That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious.
Page 36 - But the fact that both parties are of full age, and competent to contract, does not necessarily deprive the state of the power to interfere, where the parties do not stand upon an equality, or where the public health demands that one party to the contract shall be protected against himself.
Page 66 - 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.
Page 72 - No minor under the age of eighteen years, and no female shall be employed, permitted or suffered to work in any factory in this state before six o'clock in the morning, or after nine o'clock in the evening of any day...
Page 70 - is free to recognize degrees of harm and it may confine its restrictions to those classes of cases where the need is deemed to be clearest.
Page 35 - The enactment does not profess to limit the hours of all workmen, but merely those who are employed in underground mines, or in the smelting, reduction, or refining of ores or metals. These employments when too long pursued the legislature has judged to be detrimental to the health of the employees, and, so long as there are reasonable grounds for believing that this is so, its decision upon this subject cannot be reviewed by the Federal courts.
Page 44 - I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been 22 understood by the traditions of our people and our law.
Page 21 - Under the powers inherent in every sovereignty, a government may regulate the conduct of its citizens toward each other, and, when necessary for the public good, the manner in which each shall use his own property.
Page 65 - This is especially true when the burdens of motherhood are upon her. Even when they are not, by abundant testimony of the medical fraternity continuance for a long time on her feet at work, repeating this from day to day, tends to injurious effects upon the body, and as healthy mothers are essential to vigorous offspring, the physical well-being of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race.
Page 36 - The legislature has also recognized the fact, which the experience of legislators in many States has corroborated, that the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting.