g day for men#. The general assumption
made in law has been that the adult male worker is competent to judge
of the working conditions, hours of labor, and wages, and is capable
of protecting his own interests sufficiently by his power of refusal
to accept employment. The legislatures have, much more tardily than in
their legislation for children and for women, acted contrary to this
assumption, but, when this has been done, the courts in America
have vigorously asserted the general doctrine and denied the
constitutionality of the laws. However, some exceptions were made in
legislation, and, after much apparent hesitation and vacillation, were
allowed by, the courts to stand, and these have now grown in number
until they form an impressive total.
These exceptions have come in various ways. There is first, the
eight-hour limitation in public employment, required in federal
employment in 1868, really effective since 1892, and now in force
likewise in about two thirds of the states. In almost the same
jurisdictions--national, state and municipal--eight hours is the legal
day on work done in private business for the governments. Work on
railroads and street railways, particularly in the direct operation of
trains, such as the work of dispatchers, signal men, and trainmen,
is subjected to a large variety of regulative measures, hours being
limited in some cases to 8, in others to 9, 10, 12, or 16, and in
a number of cases a specified minimum number of hours of rest is
required after the maximum hours of labor. These laws are primarily
for the protection of the public, but they afford a protection to the
employee much needed, as many well-authenticated cases of excessive
and exhausting hours demonstrate.
The limitation of hours has very recently been extended to many
private businesses in which exceptional conditions exist affecting the
health of the workers or the safety of the public. This development
has occurred almost entirely since the United States Supreme Court in
1898 (Holden vs. Hardy) sustained a Utah statute limiting to eight
the hours of labor in underground mines. Now 8 hour laws in certain
specified cases are found applying to mines, smelters, tunnels, and a
variety of other kinds of work, and in a few cases the limit is 9, 10,
or 11 hours.
Sec. 8. #Broader aspects of this legislation#. The subject took on a new
aspect when the legislature of Oregon, in 1913, declared broadly that
"no person shall be hir
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