PERSONAL LIBERTY. 443 



Among the many judges who have ruled in defense of per- 

 sonal liberty none have given more well-considered and vigorous 

 decision than Justice Snyder, of West Virginia. In the year 1887 

 the Legislature of West Virginia passed an act (chap. 63) to 

 prevent the payment of wages by the issue of what are known as 

 shop orders, or for certain values of goods drawn upon their own 

 shops. This act was held to be unconstitutional (State vs. Good- 

 will, 10 S. E. Report, 285 (W. Va., 1889)). Justice Snyder held as 

 follows (p. 287) : 



" The property which every man has in his own labor, as it is 

 the original foundation of all other property, so it is the most 

 sacred and inviolable. The patrimony of the poor man lies in the 

 strength and dexterity of his own hands ; and to hinder him from 

 employing these in what manner he may think proper without 

 injury to his neighbor is a plain violation of his most sacred prop- 

 erty. It is equally an encroachment both upon the just liberty 

 and rights of the workman and his employer, or those who might 

 be disposed to employ him, for the Legislature to interfere with 

 the freedom of contract between them ; as such interference hin- 

 ders the one from working at what he thinks proper, and at the 

 same time prevents the other from employing whom he chooses. 

 A person living under the protection of this Government has the 

 right to adopt and follow any industrial pursuit, not injurious to 

 the community, which he may see fit. And, as incident to this, 

 is the right to labor or employ labor ; make contracts in respect 

 thereto upon such terms as may be agreed upon by the parties ; 

 to enforce all lawful contracts ; to sue and give evidence ; and to 

 inherit, purchase, lease, sell, and convey property of every kind. 

 The enjoyment or deprivation of these rights and privileges con- 

 stitutes the essential distinction between freedom and slavery; 

 between liberty and oppression." 



In dealing with the specific act. Judge Snyder (p. 288) de- 

 clared it to be " a species of sumptuary legislation which has been 

 universally condemned as an attempt to degrade the intelligence, 

 virtue, and manhood of the American laborer, and foist upon the 

 people a paternal government of the most objectionable character, 

 because it assumes that the employer is a tyrant and the laborer 

 is an imbecile." 



In the research which the writer has been enabled through the 

 assistance of his coadjutor, Mr. E. T. Cabot, to make in the prepa- 

 ration of this treatise, he has been unable to find any direct adjudi- 

 cation upon the subject of the free use of time. 



That no statute may stand which discriminates by classes or 

 by persons in the free use of time, has been well established by a 

 decision in the highest court of California. 



A statute of 1880 (p. 80) provided that " it shall be unlawful 



