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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 13, 1908)
THE MORXIXG OREGOXIAX. FRIDAY, MARCH 13, 1908. 11 PROTECTION GIVEN HER SEX BY L Supreme Court Expresses . Broad Views in Deciding Ten-Hour Day Case. DIFFERENCE IS INHERENT I'll J i Text of Justice Brewer's Opin ion Discussing atuml Laws Gov erning Employment of Women. -Oregon Law Constitutional. " The full text of the decision recently handed down by Justice Brewer, of the United States Supreme Court, sustain ing the validity of the Oregon state law which holds that no female Fhall be compelled to work for more than ten hours during: any one day, has been re ceived in Portland. The suit, aa has been set forth in The Oreftorrian, was brought to test the validity of the ten-hour day law paasfd by the Oregon Legislature in the Interest of women and girls em ployed In factories and laundries. In the fitate Circuit Court for Multnomah Coun ty Court, Muller, a Portland laundry man, was convicted of working his fe male employes more than ten hours a day. An appeal was taken to the State Supreme Court, which sustained the judgment of the trial court. The United States Supreme Court confirmed the judgment. The decision, which was fully summarised in the Associated Press dispatches, Is as follows: On February 10, 100::. the Legislature ot the State of Oregon passed an act (Session IIWI. paga MS), the first aectlon of which i In th words: Section That no female hal1 he em ployetl in any mechanical establishment or factory or laundry In thla state more than tn hour during any one day. The hours of work may be so arranged as to permit the tmplojmnt of females at any time bo that t hy ahail int work more than ten hours during the 1M hours of any one day. Section ,T made a violation of the pro visions of the prior sect lone a misdemeanor, wuhject to a fine of not less than $10 nor more than 2.V On September 18. IflO.V an information was filed in the Circuit Court i,T the State from the County of Multnomah, charging that the defendant "on the 4th day of September. A. D., 1W5, in the ."ounty of Multnomah and State of Oregon, then and there being; the owner of a laundry, known as the Urand I-aundry. In the City of Port land, and the employer of females therein, did then and there unlawfully permit and suffor one Joe Haselbof-k, he. the said Joe Xaselbot'k. then and there being an over seer, superintendent and agent or said Curt M tiler, in the said Grand Laundry, to re quire a female, to wit, one Mrs. B. Gotcher, to work more than ten hours in said laundry on said 4th day of September. A- P.. litftTi. contrary to th statutes 1n such case made and provided, and s gainst the peace and dignity of the State of Oregon. Affirmed oa Appeal. A trial resulted In a verdict against the defendant, who was sentenced to nay a fine of $10. The Supreme Court of the state affirmed the conviction t48 Oregon, whereupon the case was brought here on a writ of error. The single question Is the constitutionality of the statute under which the defendant was convicted so far as It affects the work of a female In a laundry. That it does not conflict with any provisions of the state constitution Is settled by the decision of the Supreme Court of the state. The conten tions of the defendant, now plaintiff in ' error, are thus stated in his brief: 'First Because the statute attempts to invent persons, sul juris, from making their own ceiumeta. and thus violates -the pro--0ivna of the Fourteenth Amendment, as follows: " 'No state shall make or enforce any law which shall abridge the privilege or im munities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its Jurisdiction the equal protection of tho laws.' ' Second Because the statute does not ap ply equally to all persons similarly situated and Is class legislation. "Third The statute is not a valid exer cise of the police power. The kinds of work proscribed are not unlawful, nor are they declared to be Immoral or dangerous to the public health; nor can such a law be sus tained on the ground that It Is designed to protect women on account of their sex. There Is no necessary or reasonable connec tion between the limitation prescribed by the act and the public health, safety or welfare." It is the law of Oregon that women, whether married or single, have equal con tractual and personal rights with men. As ald by Chief Justice Wolverton. in First National Bank vi. Leonard, 3 Ore. ZOO. 39tl. after a review If the various statutes of the state on the subject: Emancipation Is Coming. "We may therefore say with perfect con fidence that, with these three sections upon the statute book, the wife can deal, not only with her separate property, acquired from whatever source, in the same man ner as her husband can with property be longing to htm. but that she may make contracts and incur liabilities, and .the same may be enforced against her. the same as if she were a femme sole. There Is no residuum of vicil disability resting upon her which is not recognised as exist tn' a pain st the husband. The current runs sfrndily and strongly In the direction of the emancipation of the wife, and the pol ity, as disclosed by all recent legislation upon the subject in th' s state, is to place her upon the same footing as if she were a femnie sole, not only with respect to her operate property, but as it affects her right to make binding contracts: and the mo; natural corollary t the situation is that ihe remedies for the enforcement of lia bilities incurred are made co-extensive and co-equal w ith such enlarged conditions." It thus appears that, putting to one side the elective franchinse. in the matter of personal and contractural rights they stand i on the same plane as the other tex. Their rights in these respects can no more be in fringed than the equal rights of their brothers. We held in Lochner vs. New York, 10S V. 8. 43. that a law providing that no laborer shall be required or per mitted to work in bakeries more than 60 ! hours in a week or 10 hours In a day was ' not as to men a legitimate exercise of tha police r.ower of the state, but an unreason- .; able, unnecessary and arbitrary interference vith the right and liberty of the individual to contract in relation to his labor and as such was in conflict with, and void under, the Federal Constitution. That declrion Is Invoked by plaintiff In error as decisive of 1 lie question before us. But this assumes that the difference between the sexes does not justify a different role respecting a re striction of the hours of labor. , in patent cases counsel are apt to open I ihe argument with a dlcus5ion of the state f the art. It may not be amiss In the ; present cec, before examining the const l tiit!onal question, to notice the course of lE:slatlnn as well as expressions of opin ion from other than Judicial sources. In the brief' filed by Mr. Ixmis D. Brandeis, for the defendant In error. Is a very copious collection ot all these matters, an epitome ! of which is found in the margin. , l ew Precedents Exist. While there have been but few decisions bearing directly upon the question, the fol lowing ?uiain the constitutionality of such legislation: Commonwealth vs. Hamilton Mtg. Co., 1-3 Mass, r.j3: Wen ham vs. State. tt. Neb.. 3 1 4. 4O0. 404: State vs. Buchanan. Wash., 602; Commonwealth vs. Beatty. 15 Pa. Sup. ct., 6, 17; against them Is the. cae of Ritchie vs. People. 153 111., 8. The legislation and opinion referred to In th .margin may not be. technically speak ing, authorities, and In them Is little or no discussion of the constitutional question pre sented to us for determination, yet they are significant of a widespread belief that wom an's phvsical structure, and the functions sfte performs In consequence thereof. Justify lecial legislation restr.cttng or qualifying the conditions under which she should be permitted to toll. Constitutional questions, it in true, re not settled by even a con-i-eVisus of present public opinion, for it is the peu'iar lue of a written consiltutlon thai It .;c in unchanging form limita tion upuu lcg,aiatUe act.wo, and thui (lies a permanence and stability to popular gov ernment which otherwise would be lacking. At the same time, when a question of fact is debated and debatable, and the extent to which a special constitutional limitation goes is affected by the truth In respect to that fact, a widespread and long-continued belief concerning It is worthy of considera tion. We take judicial cognizance of ali matters of general knowledge. It la undoubtedly true, as more than once declared by this court, that the general right to contract the relation of one's busi ness Is part of tbe liberty of the individual, protected by the Fourteenth Amendment to the Federal Constitution; yet It la equally well settled that this liberty is not absolute in extending to all contracts, and that a state may, without conflicting with the pro visions of the Fourteenth Amendment, re strict in many respects the individual power of contract. Without stopping to discuss at length the extent to which a state may act in this respoct, we refer to the following cases in which the case has been considered: Allgeyer vs. T.ousiana. 163 U. S. 37ft; Holden vs. Hardy. 139 LT. S. 3rt: Lorhner vl.. New '.York, Supra. Moat Consider Race. That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for sub sistence is obvious. This is especially true when the burdens of motherhood are upon her. Even when they are not, by abundant testimony of the medical fraternity contin uance for a long time on her feet at work, repeating this from day to day, tends to in duce 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 vUfor of the race. Still again, history discloses the fact that woman has always been dependent upon man. He established his control at the outset by superior physical strength, and this control in various forms- with dimin ishing Intensity, has continued to the pres ent. As minors, though not to the same extent, she has been looked nx.'on In the courts as needing the special care that her rights may be preserved. Education was long denied her. and while now the doors of the schoolroom are open and her oppor tunities for acquiring knowledge are great, yet even with that and the consequent in crease of capacity for business affairs It Is still true in the struggle for subsistence she is not an equal competitor with her brother. Though limitations upon personal and con tractural rights may be removed by legis lation, there Is that In her disposition and habits in life which will operate against a full assertion of those rights. She will still be where some legislation to protect bet seems necessary to secure a real equality of rights. Doubtless there are individual exception. and there are many respects in which she has an advantage over him but looking at It from the view-point of the effort to maintain an independent position In life she Is not 'upon an equality. Differentiated by these matters from the other- sex. she Is properly placed in a class by herself, and legislation designed for her protection may be sustained, even when like legislation is not necessary for men and could not be sustained. It fs impossible to close one's eyes to the fact that she still looks to her brother and depends upon him. Still Needs Protection. Even though all restrictions on political. personal and contractural rights were taken away, and she 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 physt cal structure and a proj.'er discharge of her maternal functions having in view not only her mere health, but the well-being of tho race Justify legislation to protect her from the greed as well as the passion of man. The limitations wntcn tnis statute pieces upon her contractural powers, upon her right to agree with her employer as to the time she shall labor, are ns imposed solely for ner penent, out aiso largely tor ine penent ot an. Many words cannot make this plainer. The two sexes differ In structural body, in the functions to be performed by each In the amount of physical strength, in the capacity for long continued labor, particu larly 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 com pensate 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 which that may dis close a lack of political equality in all things with her brother, 'that la not of itself decisive. The- reason runs deeper, and rests in the inherent difference between the two sexes, and In the different func tions In life which they perform. For these reasons, and without question ing In any respect the decision in Lochner vs. New York, we are of the opinion that it cannot be adjudged that the act in ques tion is In conflict with the Federal Consti tution so far as It respects the work of a female in a laundry and the judgment of the Supreme Court of Oregon is affirmed. CAXXOT IK) BtSIXESS tXDER . CITY ORDIXAXCE. Find It Impossible to Operate Boast ing Machines While Keeping on the Move. Peanut and popcorn vendors must toe the mark hereafter. Corporation culprits and big individual criminals are no longer In the limelight, but the little fellows have got to step lively, according to an edict Issued by the City Council and transmitted through tho medium of Au ditor Barbur to the police. Three arrests were made yesterday by the police. The particular offense of which the peanut men are guilty is that of standing on one corner for a longer period than fire minutes, as expressly prohibited by the city" ordinances. These same ordi nances provide that the peanut and pop corn vendor must not spend more than ten minutes on any one block. Hence, in order to be within the law. the luck less popcorn man must keep moving from olock to block and at the same time must regulate his speed so as not to vio late the speed ordinance. Xick Popus. Pete Dejon and Joe Ada lap, the first .three victims of the law, which is .to be rigidly enforced here after, had a sad tale to relate in the Municipal Court as to the injustice, as they termed It, of the ordinance. "We no can poppa do corn before we leava era. home de people no buys colda corn," Popus lamented to City Pros ecutor Tomlinson. "It takka four min utes to poppa de corn, maybe five. We no can do a de biz." "Can't you pop your corn as you travel T the prosecutor inquired. "No. no. quita da imposs.' exclaimed the mourner. 'You shake all corn out a de Are when da cart move. If I no hawa fresh corn nobody buy. If I stoppa to cook da corn da cop he takka me in. Where am T at. hey?" Prosecutor and Court wisely refrained from commenting on the justice or in justice of enforcement of the. ordinance. The Court simply advised the three that they would have to work out the prob lem of popping fresh corn the best they could and be careful not to violate the law again, as the policeman on the beat might be holding time on them with a stop watch. Hotel Wants to I'se Sidewalk Space. A resolution, granting to the Perkins Hotel Company permission to use not to exceed eight inches of space on the side walks In making exterior ornamenta tions to the structure at Fifth and Wash ington streets, was introduced into the Council yesterday afternoon by Council man Menefee. Objection to suspension of the rules was entered by councilman Kellalier. and the matter was referred to the committee on health and police. The hotel people desire to improve the appearance of their building, and wish a permit to use some sidewalk space in so doing. HONOR TO ASHLAND Stubbs Names Private Car After Oregon Town. CITIZENS ARE APPRECIATIVE Olyinpla Malt Extract, good for grand ma or baby. Only 1S-10O of 1 per cent alcohol. P.iones: Main 6TL A 247. Perfect ntllng glasses fl at M;'.sger'a. Harriman Traffic Director Pays High Compliment to Little City in the Southern Fart of the State. . J. C. Stubbs, traffic director of the Harriman lines, thinks enough of Ore son to name his private car after one of Oregon's prettiest cities. Everywhere Mr. Stubbs jtoes over the country on his business or pleasure trips, he always rides in his own private car. the "Ash land. It was named after Ashland. Or., the peach town in tue southern part of the state. The naming; of the car for Ashland was decided upon two years ago, when the traffic director was making a tour of the Pacific Coast. He was just having his private car built by the Pullman Com pany and had given no thought to what ho would name it. But on the ride over the Sunset Route to Portland from San Franclsco. Mr. atubbs fell in love with the city of Ashland. Or. He hau passed through It many times before, but it had never appeared so beautiful. It was Sum mer time and California was brown and dusty and the Siskiyou Mountains were as splendid as ever, but withal rugged and forbidding. But when Mr. Stubbs rode down into Ashland, where the train stopped some time, he was. struck with the quiet beauty of the city, nestling in the mountains. He took away with him the memory of the restfulness and beauty of Ashland and it struck him that it would be a fine thing to name his private car, just then being nnisned, alter one or the most pio turesque and happy cities he had seen in America.- So Mr. Stubbs forestalled the Pullman Company, which would have placed another of its inane names on the car. and directed that it be called the "Ashland." Mr. Stubbs left Portland Wednesday night for his home in Chicago in the "Ashland. accompanied by R. B. Mil ler, head of the traffic department of the Harriman lines In this territory- .Mr. Miller accompanied Mr. Stubbs as far east as Huntington. . KVS BATTLESHIP EXCURSION Southern Pacific Arranges for Low Rate to San Francisco. . Many Portland people expect to go to San Francisco to see Admiral Juvans squadron upon its arrival in the city by the Golden Gate. So many inquiries have been made of the Harriman passenger officials that a special rate will be made to San Francisco and return from Portland to permit Oregon people to assist In welcoming the fleet to the Pa cific Coast. A first-class rate of 25 for the round-trip to San Francisco will be named, with a ten-day limit, and pas senger officials expect the1 low figure will be popular and that many will take advantage of it- The present round trip rate Is W0. The dates on which the reduced special tickets will be sold have not yet been decided, as this will- de pend upon the movements of the fleet. As soon as It Is definitely settled just when the fleet will arrive at San Francisco, the Southern Pacific will announce the dates. "We expect to take TOO people from Portland alone to see the fleet," said Assistant General Passenger Agent Scott yesterday. "We have had a very large number of inquiries from all over the state In regard to the possibility of fix ing rates to permit Oregon people to visit the fleet on its arrival In San Fran cisco. In response to this widespread de sire to see the fighting ships that make up the squadron, we have decided - to put in the low rate." COLONIST BUSINESS SMALLER Harriman Lines Report Decrease in Travel for Past Week. Colonist figures compiled by the Har riman lines for the travel to points on their lines during the' first week of March, the beginning of the Spring colonist movement, show that the clos ing of the Portland gateway to Puget Sound has resulted in a considerable falling off over the figures for the cor responding week of March, 1907. How ever, when It-is taken into considera tion that colonists buying tickets for points north of Portland do not settle in this state but make Washington points their destination, the showing is favorable, and indicates an increase in colonist travel to Oregon points. ' The number of one-way home seekers" tickets taken tip during the first eight days of March amount to a total of 1244. Last year the figure for the same period was 1.689. This shows a decrease of 343 In the total, but last year 562 colonists In the 15S9 had des tinations north of Portland or In Wash ington. This year this nurnber Is only 9S. making an Increase of 119 In colon ist travel to Oregon over the same period of last year. Portland got 290 colonists during the first week in the month. The Dalles got 11, Heppner 12. Pendleton 2$, La Grande 15, Baker City 16. and 261 colonists went to Valley points south of Portland. Passenger Agents' Convention. J. H. O'Xeill, chairman of the execu tive committee of the American Asso ciation of Traveling Passenger Agents, has returned from Chicago, where he went to attend a meeting of the execu tive committee and arrange prelimi naries -for the annual convention of the association. The dates selected are Sep tember 14 and 15 and the convention, as was previously determined, will meet at Seattle. The passenger men will spend September 17 and IS in Portland, how ever, as the guests of the Portland Com mercial Club upon invitation from Tom Richardson, which Mr. O'Xeill carried with him to the executive committee. There will be about 250 passenger agents here on those dates, representing rail roads all over the country, including Canadian and Mexican roads. HOLD NO CONVENTIONS St. John Parties Will Nominate Tic kets by Petition. It is understood that no conventions will be held in St. John to place candi dates in the field for the coming munici pal election, April 7. and that all candi dates will be nominated by petition. From all indications It appears that the Republicans will place a ticket in the field and that the Good Government league will also have a full ticket. It is reported that the Republicans are fol lowing: the same tactics employed so suc cessfully last year, that of naming a full ticket in some back ' room and then virculalinir petitions to place the candi dates In the field officially. Indeed, it The Equitable Life Assurance Society of the United States New York, March 9, 1908. To Policyholders and Agents : The total assets of the Society on December 31, 1 907, taking the market quotations of that date for stocks and bonds, amounted to $432,647,706.30. The liabilities including policy reserves) were $379,372,284.59, showing a surplus of $53,275,421.71. The assets, taking the amortized book value of bonds, showed a valuation of $453,928,775.06, with a surplus on this basis of $74,556,490.47. Messrs. Haskins & Sells, Certified Public Accountants, who have continuously had charge of the auditing of the Society's accounts during the year 1 907, certify that this valuation of assets correctly sets forth the true financial condition of the Society as of December 31, 1 907. A copy of their certificate which shows the financial strength of the Societywill be mailed upon request to any one interested. The payments to policyholders during 1 907 amounted to $45,305,83 1 .30. Of this amount $18,992,079.87 was paid in death benefits. 97 of all death claims in the United States and Canada were paid within one day after proofs of death were received by the Society, a record unparalleled by any other life insurance company in the world. $7,508,776.14 was paid in dividends to policyholders. The amount set aside to be paid in dividends to policyholders entitled thereto under their contracts during 1 908 is $8,523,342.80. $18,804,975.29 was paid to policyholders in matured Endowments, Annuities, Surrender Values and other benefits. Over and above these direct payments to policyholders the Society on December 31,1 907, had $49,6 1 5,393.06 outstanding in loans to policyholders on the sole security of their Equitable policies as collateral, an increase for the year of $14,261,097.94. The new loans made during 1 907 on first-class real estate mortgages, all well within the limit of safety, amounted to $ 1 0,245,000, which was placed at an average rate of 5. 1 7. This rate of interest showed a most substantial gain as compared with an average rate on new loans of 4.9396 in 1906, 4.55 in 1905 and 4.53 in 1904. The total outstanding loans on mortgages as of December 31, 1907, amounted to $95,008,970 and yielded 4.53 average rate during 1907 as against 4.47 in 1 906, 4.32 in 1 905, 4.32 in 1 904. On securities in which the Society may legally invest there was loaned $ 1 1 ,4 1 2,000 during 1907, always with an ample margin of collateral, at an average interest rate of 5.44. The earnings of the Society from interest and rents was $1,151,064.27 greater in 1907 than in 1906. The average rate of interest realized during 1907 amounted to 4.39 as against 4.26 in 1906, 4.03 in 1905, 3.90 in 1904. The Directors and Officers of the Societyare co-operating with singleness of purpose to advance the best interests of the policyholders. The Society is complying with the spirit as well as with the letter of the new insurance laws of the State of New York. . Existing financial and commercial conditions make life insurance absolutely necessary to many men at the present time, the great prosperity and inflation of the past ten years having made them careless of the indispensable service which it performs. That the insuring public recognizes these conditions as well as appreciates the effort of The Equitable Life Assurance Society to satisfy its present policyholders and to appeal to people wanting life insurance, is proved by the fact that the, Society's new business for January, 1908, showed an increase of 44, and for February, 1908, an increase of 50, over the corresponding months of 1907. President. is current that the ticket has already partially, if not wholly, been picked out. At any rate It seems generally under stood that J. F. Hendricks will head the Republican ticket for Mayor. Who the others on the ticket will be can only be conjectured. H. W. Brice will probably be the Good Government League candidate for Mayor. It is conceded that Mr. Brice is per sonally a strong man and has many frfends in St. John. He served one year as Councilman. H. C. Collier will likely be candidate for City Attorney on this ticket. j RUSHLIGHT1F0R ASSESSOR Councilman From Seventh Ward Seeks County Office. - .. A. G. Rushlight, a Councilman from the Seventh Ward. . has filed with County Clerk Fields his declaration of intention to run for County -Assessor on the Republican ticket. His platform he announces aa follows: "If nominated and elected to the of fice, I will exercise the functions of the office to the best interests of the county, and the taxpayers thereof. I shall favor a strict business adminis tration, irrespective of any person, cor poration or other interests, whether po litical or otherwise. I shall endeavor to make a just and equitable assess ment of all . property within the county." After' his name on - the ballot he wishes the words: "Honest and just assessment, without fear or favor." Mr. Rushlight was elected to the Council first three years ago, and re elected last June. J. H. Hickman lias filed with the County Clerk his declaration -of inten tion to run for State Representative on the Republican ticket. He promises to work in harmony with the platform advocated by the Republican conven tion held February 29. supporting the Republican voters' choice for United States Senator. J. B. Kelly has filed his declaration to run on the Republican ticket for State Senator. He also promises to support the Republican voters' choice for United States Senator. Precinct Central Committeemen yes terday filed declarations as follows: Republicans J. F. Singer, Precinct 33: C. B. OlmBtead. 87; Thomas Hlslop, 52; A. J. Fanno. 34; T. P. Holmes, 44: D. D. Bay, 2. Democrats G. H. Thomas, 63; John Sleret. 103. . Makes Records in Tank. Roy Deerllng promises to make his mark in the swimming world if he con tinues the career he began in the T. M. C. A. swimming tank last night. Out of a total of six exciting events, young Deerling was the winner of five, making in one or two events records that have yet to be beaten by others of Portland's boy competitors. The accommodations for spectators round the T. M. P. A. tank are rather limited, but everyone went away satis fied with aquatic contests. Deerling won the 40-yard dash in 26 seconds, and did a distance swim under water of 133- feet, picking up 16 plates scattered on the floor of the big tank. Deerling also did a distance plunge of 34 feet. Weicome Arch Resolution Held Up. A resolution to appropriate $3500 for the construction of an arch of welcome at Sixth and Hoyt streets for the Rose Carnival occasion, was introduced into the City Council yesterday afternoon by Councilman Annand. Suspension of the rules was sought, in order to put the res olution on final passage, but objection by Councilman Cottcl thwarted this plan. It was referred to the ways and means committee. Metzger fits glasses for SI. 00. 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