The herald and news. (Newberry S.C.) 1903-1937, April 21, 1905, Page 6, Image 6
THE TEN HOUR LAW.
United States Supreme Court Holds
New York Statute to be Un
constitutional.
In an opinion by Justice Peckham,
the supreme court of the United
States has held to be unconstitutional
the New York State law making ten
hours a day's work and 6o hours a
week's work in bakeries in that state.
Justice Harlan, White, Day and
Holmes dissented, and Justice Har
lan declared that no more iinportant
'decisions had been rendered in the
last century.
The opinion was handed down in
the case of Lockner vs. the State of
New York and was based on the
ground that the law interfered with
the free exercise of the rights of con
tract between individuals. The court
of appeals of the state upheld the law
and affirmed the judgment of the trial
court holding Lockner guilty. Judge
Parker wrote the opinion of the New
York court of appeals snpporting the
law and the court divided four to
three on the question of validity.
Lockner is a baker who was found
guilty of permitting an employe to
work in his bakery more than 60
hours in a week.
Justice Peckham said that the law
is not an act merely fixing the num
ber -of hours which shall constitute a
legal day's work, "but an absolute
prohibition on the employer permit
ting under any circumstances more
than ten hours work to be done in his
establishmext."
He continued:
"It necessarily interfered with the
right of contract between the em
ployer and employes, concerning the
number of hours in which the latcer
may labor in the bakery of the em
ployer. The general right to make a
coutract in relation to his business is
part of the liberty of the individual
protected by the fourteenth amend
ment of the federal constitution. Un
der that provision no state can de
prive any person of life, liberty or
property without due process of law.
The right to purchase or to sell labor
is part of the liberty protected by this
amendment unless there are circum
stances which exclude the right." The
justice referred to the exceptions
coming under the head of the police
powers of the state and after consid
ering that point at length concluded
that the present case did not fall with
in the police power.
"The question whether this act ;s
valid as a labor law, pure and simple,
may," he said, "' e dismissed in a few
words. There is no reasonable ground
for interfering with the liberty of
person or the right of free contract by
determining the hours of labor in the
occupation of a baker. Bakers are in
no sense wards of the state. Viewed
in the light .of a purely labor law with
no reference whatever to the question
of health, we think that a law like
the one before us involves neither the
safety, the morals nor the welfare of
the public and that the interest of the
public is not in the slightest degree af
fected by such an act. It is a ques
tion of which of the two ppwers or
rights shall prevail-the power of the
state to legislate or the right of the
individual to liberty .of person and
freedom of ~conti-act. WVe think the
limit of thei police power has been
reached and passed in this case."
EQUITABLE LIFE'S FIGHT.
General Agents Adopt Resolution
P-questing'-Mr. Hyde toI
Resigni.
New iork, April 2.-After a pro
tracted session behind closed doors,
the 200 or more general agents of the
Equitable Life Assurance society yes
terdag' adopted a resolution calling
upon Vice President J. H. Hyde to re
sign from his position with the organ
ization, and appointing a cornmittee.
of five from their number t all on
Mr. Hyde and present the ,nand.
CWhen the meeting of the agents
was adjourned this committee had
not called~ on Mr. Hyde, nor had they
reported to the meeting.
The agents went into session at 11
o'dock and it was 3 o'clock before a
recess was taken for luncheon. Dur
ing all the time loud talking and oc
casional interruptions of speakers in
dctdthat there was a warm debate
over some question under considera
on. Later it was learned the discus
sion concerned the Hyde resolution
Horses, N
The best
the State. Fi
ceived. Pric(
Quati
C
and its construction.
When the recess was taken Mr.
Hyde was informed that the commit
tee of agents would reach his office at
4 o'clock. At 5-30 the committee had
not appeared and Mr. Hyde left for
home.
Lawyer Beaten By a Plumber.
Philadelphia Tlegraph.
Magistrate Hughes, of the Moya
mensing avenue station, loves a joke
and a good dinner, and if any prison
er under arrest for a petty offence,
such as crooking his elbow, etc., can
put up a good yaru, he is almost cer
tain of lenient treatment.
Last Sunday an individual who had
seen better days was up before him
for having indulged too freely on
Saturday night.
"What's your name?" asked the
magistrate.
"McGinnis."
"That's a good name-any trade?"
"Plumber."
"That's a good trade. Where are
you from?"
"Quincy, Ill."
"That's a good place. Whom did
you work for there?"
"Bob Ingersoll."
"He's dead."
"Yes, but he wasn't dead then. I
was in business for myself, and he
said I was the only one who ever got
ahead of him."
"Tell us about that. But don't
make it too long."
"It's not long. Ingersoll came into
my place and asked me to fix a sink
at his house. 'How much money have
you got in your clothes?' says I.
'What!' says he. 'That's what,' says
I, and he went into his pocket and
pulled up a roll. 'That'll do," says I,
taking it. 'Never mind about count
ing it; I'll do the job.'
"'This,' says I. 'I was on a spree
last night, and got locked up. In the
next cell to me was a thief who was
caught with the goods. He sent for
you, and the first thing you did was
to ask him how much money he had
and you took it. I'm doing the same
thing by you.'
"'Keep the money.' says he."
5AND 10 CENTS.
Everyhing in our Store for that
Price.I
Newberry's only 5 and :o Cent
Store.
a Store formerly occupied by Todd,
Main Street.
SCAGLE BROS.
Just received
2car loads of
Buggies.
1 car load of
Wagons.
and a lot of up
to-date and first
class Harness.
All to be had at
REASONABLE PRICES at
A T. BROWN.
lules,Bu
assortment i
-esh Car Loa
)s and terms
:lebaum
SUCCESS
uattlebaum
Prosperit
And the genial magistrate let the
culprit go.
Plans to Get Rich
ire often frustrated by sudden break
lown, due to dyspepsia or constipation.
Braceau and take Dr. King's New
ife Pill. They take out the ma
terials which are clogging your ener
eand gieyua new start. Cure
iMch anddizzoness too. At W. E.
Peham & Son's drug store; 25 cents,
p ranteed.
LET US HELP YOU
GLEAN HOUSE THIS SPRING.
Give us all your cur
tains, heavy blankets,
bed spreads, under
clothing, bedding, etc.,
to launder.
By doing this work in
large quantities we.are
able to do it at prices
that make it economy
for you to give it to us
to do, besides our sav
ing you so much hard
work.
Newberry
Steam
Laundry Co.
Shockley & Livingston!
Contractors and BildGes
OF
Wood or. Brick Build
ings.
Estimates, Plans andi
Specifications
Furnished on Applica
tion.
Shop and Office in Rear
of
R. C. Williams' Store.
Repairs of all kinds
dIone.
Mantles, Door and
Window Frames made
o order. Turned Col
mns and Balusters
furnished on applica
tion.
All Work First Class.
EW EAR---EW PLAC..
We have Moved into our Handsome
few Store Building on Caldwell
street, Near the Postoffi ce, and are
fow Ready to Begin the NEW
TEAR in a NEW WAY.
We Wish to Express our Sincere
rhanks to Those Who Have Patron
zed Us at the Old Stand, and Confi
lently Trust that the Patronage Will
ontinue.
J. W. W HIT E.
PAINLESS oium, lanue
D Dr.argelloos Eo par
sanatoum re
AND B.M WOLEY
Whisksj Cureta . prga.
ges Wol
.o be found i
i of Live Sti
to suit anybo
& Lang
ORS TO
k Schumpert,
y, S. C.
c ai
Just Received at
G.D.Dav
Full line of
Okra and Tomatoes. Baked ]
Tomato Soup. Celer
Canned Apricots, Cal
Canned Corn. C
Saurkraut in Cans 10c
Sweet Mixed Pickle in Keg and
Nice line nice Chocolate CZ
Shelled Almonds.
Deviled Crabs 40<
Codfish Balls
Lobsters
Bon
Southern Lime E
CHARLEST
Building Material of a]
Roofing "RL
Write for
DID YOU SAY
WE HAVE 1,000 BA]
003
You will save money on everyt]
We don't throw "sand to blind y
o one and all is our standard. E
s our modern method.
To be honest to ev
By it we shall alw;
These prices are for your consi
2,OCO yds. of 4-4 Sea Island Cloth,
1 ,600 yds. Ginghams, (Dress) wor
3,000 yds. Prints (Standard), wort
5,000 yds. White India Linen wort:
3,000 yds. Figured Law' (Dress)'a
500 yds. Black Dress Gc:,ds worth
600 Straw Hats for men or boys fr<
500 pairs of Shoes,for men, Boys,]1
500 men's and Boys' Dress Shirts,
id many other Bargains too numero
These prices hold good, not for
re sold. -Yours to please,
0. KLE'I
Kellum Sure Cure
Physicians presci
The public who'
We recomme
Read Pampi
At your d
GILDER. WEEK
ions,etc.
i this part of
:ck just re
dy.
ford,
enport's
3eans.
y Salad.
med Sweet Potatoes 10c.
anned Beans.
. Lemon Cling Peaches.
Bottle.
udy at 40c. lb.
. Can.
25c. lb.
25c. lb.
eless Sardines 25c.
ripe.
Sliced Ham in Cans 25c.
tnd Cement Co.
ON, S. C.
I kinds. High Grade
IBEROID."
Prices.
BARGAINS?
IGAINS FOR YOU.
iing you buy from 0. Klettner.
>u." A fair and square deal
usiness on business principles
ery man,
tys stand.
deration:
worth 7c., our price 5c. per yd.
:h 7., our price 5C.
h 6c. our price 4c. yd.
5 15., our price 8 #c.
'orth x2%4c., our price 6 j34c.
324c., our price 19c.
des oChildren at half price.
worth 5oc. our price 25c.
LI to mention.
a day or two, but until goods
TNER.
for Indigestion!I
-be it.
use it praise it.
nd and sell it.
ilets
>r.
S & H UNTdsa