d the case to the State Supreme Court of
Oregon, which affirmed his conviction. Mr. Muller then appealed the case
to the Federal Supreme Court.

In the defence of the law before the Federal Supreme Court, the National
Consumers' League had the good fortune to obtain, in cooeperation with the
State of Oregon, the services of Louis D. Brandeis, the most
distinguished services that could have been received, generously rendered
as a gift. This fact alone may serve to indicate the vital character of
the case, and the importance, for industrial justice in the future, of
securing a favorable verdict for the laundry workers.

The argument of Mr. Muller was that the Oregon Ten-Hour Law was
unconstitutional: First, because the statute attempted to prevent persons
from making their own contracts, and thus violated the provisions of the
Fourteenth Amendment.[41] Next, because the statute did not apply equally
to all persons similarly situated and was class legislation. And,
finally, because the statute was not a valid exercise of the police
power; that is to say, there was no necessary or reasonable connection
between the limitations described by the act and the public health and
welfare.

Mr. Brandeis' brief replied that, first, the guaranty of freedom of
contract was legally subject to such reasonable restraint of action as
the State may impose in the exercise of the police power for the
protection of the general health and welfare. It submitted that certain
facts of common knowledge established conclusively that there was
reasonable ground for holding that to permit women in Oregon to work in a
mechanical establishment or factory or laundry more than ten hours in one
day was dangerous to public welfare.

These facts of common knowledge, collected by Miss Josephine Goldmark,
the Publication Secretary of the National Consumers' League, were
considered under two heads: first, that of American and foreign
legislation restricting the hours of labor for women; and, second, the
world's experience, upon which the legislation limiting the hours of
labor for women is based.

These facts comprised the governmental restrictions of the number of
hours employers may require women to labor, from twenty States of the
United States, and from Great Britain, France, Switzerland, Austria,
Holland, Italy, and Germany. The laws were followed by authoritative
statements from over ninety reports of committees, bureaus of statistics,
commissioners