合同法阅读材料四

1、LOCHNER v. PEOPLE OF STATE OF NEW YORK, 198 U.S. 45 (1905) 198 U.S. 45 JOSEPH LOCHNER, Plff. in Err., v. PEOPLE OF THE STATE OF NEW YORK. No. 292. Argued February 23, 24, 1905. Decided April 17, 1905. The general right to make a contract in relation to his business is part of the liberty protected by the Fourteenth Amendment, and this includes the right to purchase and sell labor, except as controlled by the State in the legitimate exercise of its police power.Liberty of contract relating to lab

2、or includes both parties to it; the one has as much right to purchase as the other to sell labor.There is no reasonable ground, on the score of health, for interfering with the liberty of the person or the right of free contract, by determining the hours of labor, in the occupation of a baker. Nor can a law limiting such hours be justified a a health law to safeguard the public health, or the health of the individuals following that occupation.Section 110 of the labor law of the State of New Yor

3、k, providing that no employes shall be required or permitted to work in bakeries more than sixty hours in a week, or ten hours a day, is not a legitimate exercise of the police power of the State, but an unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract in relation to labor, and, as such, it is in conflict with, and void under, the Federal Constitution.This is a writ of error to the county court of Oneida county, in the state of New Yor

4、k (to which court the record had been remitted), to review the judgment of the court of appeals of that state, affirming the judgment of the supreme court, which itself affirmed the judgment of the county court, convicting the defendant of a misdemeanor on an indictment under a statute of that state, known, by its short title, as the labor 198 U.S. 45, 46 law. The section of the statute under which the indictment was found is 110, and is reproduced in the margin (together with the other sections

5、 of the labor law upon the subject of bakeries, being 111 to 115, both inclusive). The indictment averred that the defendant wrongfully and unlawfully required and permitted an employee working for him in his biscuit, bread, and cake bakery and confectionery establishment, at the city of Utica, in this county, to work more than sixty hours in one week, after having been theretofore convicted of a violation of the name act; and therefore, as averred, he committed the crime of misdemeanor, second

6、offense. The plaintiff in error demurred to the indictment on several grounds, one of which was that the facts stated did not 198 U.S. 45, 47 constitute a crime. The demurrer was overruled, and, the plaintiff in error having refused to plead further, a plea of not guilty was entered by order of the court and the trial commenced, and he was convicted of misdemeanor, second offense, as indicted, and sentenced to pay a fine of $ 50, and to stand committed until paid, not to exceed fifty days in the

7、 Oneida county jail. A certificate of reasonable doubt was granted by the county judge of Oneida county, whereon an appeal was taken to the appellate division of the supreme court, fourth department, where the judgment of conviction was affirmed. 73 App. Div. 120, 76 N. Y. Supp. 396. A further appeal was then taken to the court of appeals, where the judgment of conviction was again affirmed. 177 N. Y. 145, 101 Am. St. Rep. 773, 69 N. E. 373. Messrs. Frank Harvey Field and Henry Weismann (by spec

8、ial leave) for plaintiff in error. 110, Hours of labor in bakeries and confectionery establishments.-No employee shall be required or permitted to work in a biscuit, bread, or cake bakery or confectionery establishment more than sixty hours in any one week, or more than ten hours in any one day, unless for the purpose of making a shorter work day on the last day of the week; nor more hours in any one week than will make an average of ten hours per day for the number of days during such week in w

9、hich such employee shall work. 111. Drainage and plumbing of buildings and rooms occupied by bakeries.-All buildings or rooms occupied as biscuit, bread, pie, or cake bakeries, shall be drained and plumbed in a manner conducive to the proper and healthful sanitary condition thereof, and shall be constructed with air shafts, windows, or ventilating pipes, sufficient to insure ventilation. The factory inspector may direct the proper drainage, plumbing, and ventilation of such rooms or buildings. No cellar or basement, not now used for a bakery, shall hereafter be so occupied or used, unless the proprietor shall comply with the sanitary provisions of this article. 112. Requirements as to rooms, furniture, utensils, and manufactured products.-Every room used for the manufacture of flour or meal food products shall be at least 8 feet in height and shall have, if deemed necessary by the factory inspector, an impermeable floor constructed of

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