of hygiene, and government inspectors, both in this country
and in all the civilized countries of Europe, asseverating that long
hours of labor are dangerous for women, primarily because of their
special physical organization.
In reply to the second allegation,--that the act in question was class
legislation, as it did not apply equally to all persons similarly
situated,--the plaintiff answered that the specific prohibition of more
than ten hours' work in a laundry was not an arbitrary discrimination
against that trade; because the present character of the business and its
special dangers of long hours afford strong reasons for providing a legal
limitation of the hours of work in that industry as well as in
manufacturing and mechanical establishments. Statements from industrial
and medical authorities described conclusively the present character of
the laundry business.
Mr. Brandeis finally submitted that, in view of all these facts, the
present Oregon statute was within Oregon's police power, as its public
health and welfare did require a legal limitation of the hours of women's
work in manufacturing and mechanical establishments and in laundries.
Justice Brewer delivered the opinion of the Supreme Court of the United
States. The case was won. Here are, in part, the words of the decision:--
It may not be amiss in the present case, before examining the
constitutional question, to notice the course of legislation as
well as expressions of opinion from other judicial sources. In
the brief filed by Mr. Brandeis ... is a copious collection of
all these matters. The ... legislation and opinions referred to
... are significant of a widespread belief that woman's
physical structure and the special functions she performs in
consequence thereof, justify special legislation restricting or
qualifying the conditions under which she should be permitted
to toil.
Constitutional questions, it is true, are not settled by even a
consensus of present public opinion.... 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 the fact, a widespread and
long-continued belief concerning it is worthy of consideration.
We take judicial cognizance of all matters of general
knowledge....
That woman's physical structure and th
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