444 THE POPULAR SCIENCE MONTHLY. 



for any person, engaged in the business of baking, to engage or 

 permit others in his employ to engage, in the labor of baking for 

 the purpose of sale, between the hours of 6 p. m. on Saturday ana 

 6 p. M. on Sunday, except," etc. The question of the constitu- 

 tionality of this statute was raised in Expa7ie Westerfield, 55 

 Cal., 550. Judge Myrick gave the decision in the following 

 terms : 



" This is special legislation. A certain class is selected. As 

 well might it have said, if master carpenters or blacksmiths, or if 

 attorneys having clerks, shall labor or permit employes to labor, 

 they shall be deemed guilty of a misdemeanor and be punished ; 

 carpenters or blacksmiths, not master- workmen^ or attorneys with- 

 out clerks, may labor at their will. The baking of bread is in it- 

 self lawful and necessary. Even if there be authority to restrain 

 the labor on some one day, it must be if at all under a general law 

 restraining labor on that day." Again it is held that if some may 

 not work according to their own will, the rule must be uniform, 

 and all who are engaged in pursuits of like kind must be subjected 

 to the same rule. 



Analogous to the use of time is the method of payment. When 

 the State of Pennsylvania attempted to regulate the method of 

 payment which should be adopted under compulsion by the 

 employers who were engaged in mining or manufacturing, and 

 when the State also provided that no employer should sell 

 supplies to the employes at any greater profit than that received 

 from other employes, the Supreme Court declared the statute 

 void.* 



In Illinois the Legislature attempted to provide for the weigh- 

 ing of coal at the mines under different conditions from the 

 conditions of weighing or delivery which might apply in other 

 places. The court held the act unconstitutional, as being class 

 legislation.! 



The State of New York passed an act against excluding per- 

 sons from equal enjoyment of places of amusement on account of 

 race, color, or previous condition of servitude, and this act was 

 sustained. J 



There could be no clearer statement of the right of every 

 man to make contracts and to enjoy the free use of time for such 

 number of hours as may be agreed upon by his employer, than 

 that given by Judge Andrews in this case. The learned judge 

 declares not only that life, liberty, and property must be protected, 

 but that every person must be pi-otected in every essential inci- 

 dent in the enjoyment of his rights. Can there be a more essen- 



* Godcharles vs. Wigeman, 113 Pa. St., 431. f Millett vs. The People, 117 111., 294. 

 X People vs. King, 110 N. Y., 418. 



