lochner people state new york argued decided april general right make contract relation business part liberty protected fourteenth amendment includes right purchase sell labor except controlled state legitimate exercise police power liberty contract relating labor includes parties one much right purchase sell labor reasonable ground score health interfering liberty person right free contract determining hours labor occupation baker law limiting hours justified health law safeguard public health health individuals following occupation section labor law state new york providing employes shall required permitted work bakeries sixty hours week ten hours day legitimate exercise police power state unreasonable unnecessary arbitrary interference right liberty individual contract relation labor conflict void federal constitution writ error county oneida county state new york record remitted review judgment appeals state affirming judgment affirmed judgment county convicting defendant misdemeanor indictment statute state known short title labor law section statute indictment found reproduced margin together sections labor law upon subject bakeries inclusive indictment averred defendant unlawfully required permitted employee working biscuit bread cake bakery confectionery establishment city utica county work sixty hours one week theretofore convicted violation name act therefore averred committed crime misdemeanor second offense plaintiff error demurred indictment several grounds one facts stated constitute crime demurrer overruled plaintiff error refused plead plea guilty entered order trial commenced convicted misdemeanor second offense indicted sentenced pay fine stand committed paid exceed fifty days oneida county jail certificate reasonable doubt granted county judge oneida county whereon appeal taken appellate division fourth department judgment conviction affirmed app div supp appeal taken appeals judgment conviction affirmed frank harvey field henry weismann special leave plaintiff hours labor bakeries confectionery employee shall required permitted work biscuit bread cake bakery confectionery establishment sixty hours one week ten hours one day unless purpose making shorter work day last day week hours one week make average ten hours per day number days week employee shall drainage plumbing buildings rooms occupied buildings rooms occupied biscuit bread pie cake bakeries shall drained plumbed manner conducive proper healthful sanitary condition thereof shall constructed air shafts windows ventilating pipes sufficient insure ventilation factory inspector may direct proper drainage plumbing ventilation rooms buildings cellar basement used bakery shall hereafter occupied used unless proprietor shall comply sanitary provisions requirements rooms furniture utensils manufactured room used manufacture flour meal food products shall least feet height shall deemed necessary factory inspector impermeable floor constructed cement tiles laid cement additional flooring wood properly saturated linseed oil side walls rooms shall plastered wainscoted factory inspector may require side walls ceiling whitewashed least three months may also require wood work walls painted furniture utensils shall arranged readily cleansed prevent proper cleaning part room manufactured flour meal food products shall kept dry airy rooms arranged floors shelves facilities storing properly cleaned domestic animals except cats shall allowed remain room used biscuit bread pie cake bakery room bakery flour meal products wash rooms closets sleeping bakery shall provided proper wash room closets apart bake room rooms manufacture food product conducted earth closet privy ashpit shall within connected directly bake room bakery hotel public restaurant person shall sleep room occupied bake room sleeping places persons employed bakery shall separate rooms flour meal food products manufactured stored sleeping places floor products manufactured stored sold factory inspector may inspect order put proper sanitary inspection factory inspector shall cause bakeries inspected found upon inspection bakeries inspected constructed conducted compliance provisions chapter factory inspector shall issue certificate person owning conducting notice requiring opinion factory inspector alterations required upon premises occupied used bakeries order comply provisions article written notice shall served upon owner agent lessee premises either personally mail requiring alterations made within sixty days service alterations shall made accordingly laws chap julius mayer defendant error justice peckham making foregoing statement facts delivered opinion indictment seen charges plaintiff error violated section article chapter laws known labor law state new york wrongfully unlawfully required permitted employee working work sixty hours one week nothing opinions delivered case either appeals state construes section using word referring physical force used obtain labor employee assumed word means nothing requirement arising voluntary contract labor excess number hours specified statute pretense opinions statute intended meet case involuntary labor form opinions assume real distinction far question concerned words mandate statute employee shall required permitted work substantial equivalent enactment employee shall contract agree work ten hours per day provision special emergencies statute mandatory cases act merely fixing number hours shall constitute legal day work absolute prohibition upon employer permitting circumstances ten hours work done establishment employee may desire earn extra money arise working prescribed time statute forbids employer permitting employee earn statute necessarily interferes right contract employer employees concerning number hours latter may labor bakery employer general right make contract relation business part liberty individual protected amendment federal constitution allgeyer louisiana ed sup provision state deprive person life liberty property without due process law right purchase sell labor part liberty protected amendment unless circumstances exclude right however certain powers existing sovereignty state union somewhat vaguely termed police powers exact description limitation attempted courts powers broadly stated without present attempt specific limitation relate safety health morals general welfare public property liberty held reasonable conditions may imposed governing power state exercise powers conditions amendment designed interfere mugler kansas ed sup kemmler ed sup crowley christensen ed sup converse ed sup state therefore power prevent individual making certain kinds contracts regard federal constitution offers protection contract one state legitimate exercise police power right prohibit prevented prohibiting amendment contracts violation statute either federal state government contract let one property immoral purposes unlawful act obtain protection federal constitution coming liberty person free contract therefore state legislature assumed exercise police powers passed act seriously limits right labor right contract regard means livelihood persons sui juris employer employee becomes great importance determine shall prevail right individual labor time may choose right state prevent individual laboring entering contract labor beyond certain time prescribed state recognized existence upheld exercise police powers many cases might fairly considered border ones course determination questions regarding asserted invalidity statutes ground violation rights secured federal constitution guided rules liberal nature application resulted numerous instances upholding validity state statutes thus assailed among later cases state law upheld holden hardy ed sup provision act legislature utah consideration act limiting employment workmen underground mines workings eight hours per day cases emergency life property imminent danger also limited hours labor smelting institutions reduction refining ores metals eight hours per day except like cases emergency act held valid exercise police powers state review many cases subject decided courts given opinion held kind employment mining smelting character employees kinds labor make reasonable proper state interfere prevent employees constrained rules laid proprietors regard labor following citation observations utah case made judge writing opinion approved law question confined protection class people engaged labor underground mines smelters works wherein ores reduced refined law applies classes subjected employment peculiar conditions effects attending underground mining work smelters works reduction refining ores therefore necessary discuss decide whether legislature fix hours labor employments observed even regard class labor utah statute provided cases emergency wherein provisions statute apply statute emergency clause statute valid circumstances emergencies slightest violation provisions act innocent nothing holden hardy covers case us atkin kansas ed sup touch case bar atkin case decided upon right state control municipal corporations prescribe conditions upon permit work public character done municipality knoxville iron harbison ed sup equally far authority legislation employees case held disadvantage employer matters wages miners coal workers act simply provided cashing coal orders presented miner employer latest case decided involving police power jacobson massachusetts decided term reported sup related compulsory vaccination law held vaild proper exercise police powers reference public health stated opinion case adult aught appears perfect health fit subject vaccination yet remaining community refused obey statute regulation adopted execution provisions protection public health public safety confessedly endangered presence dangerous disease case also far covering one petit minnesota ed sup upheld proper exercise police power relating observance sunday case held legislature right declare matter law keeping barber shops open sunday work necessity charity must course conceded limit valied exercise police power state dispute concerning general proposition otherwise amendment efficacy legislatures unbounded power enough say piece legislation enacted conserve morals health safety people legislation valid matter absolutely without foundation claim might claim police power mere pretext become another delusive name sovereignty state exercised free constitutional restraint contended every case comes therefore legislation character concerned protection federal constitution sought question necessarily arises fair reasonable appropriate exercise police power state unreasonable unnecessary arbitrary interference right individual personal liberty enter contracts relation labor may seem appropriate necessary support family course liberty contract relating labor includes parties one much right purchase sell labor question substituting judgment legislature act within power state valid although judgment might totally opposed enactment law question still remain within police power state question must answered question whether act valid labor law pure simple may dismissed words reasonable ground interfering liberty person right free contract determining hours labor occupation baker contention bakers class equal intelligence capacity men trades manual occupations able assert rights care without protecting arm state interfering independence judgment action sense wards state viewed light purely labor law reference whatever question health think law like one us involves neither safety morals welfare public interest public slightest degree affected act law must upheld law pertaining health individual engaged occupation baker affect portion public engaged occupation clean wholesome bread depend upon whether baker works ten hours per day sixty hours week limitation hours labor come within police power ground question two powers rights shall prevail power state legislate right individual liberty person freedom contract mere assertion subject relates though remote degree public health necessarily render enactment valid act must direct relation means end end must appropriate legitimate act held valid interferes general right individual free person power contract relation labor case caused much diversity opinion state courts two five judges composing dissented judgment affirming validity act appeals three seven judges also dissented judgment upholding statute although found called labor law state appeals upheld act one relating public health words health law one judges appeals upholding law stated opinion regulation question sustained unless able say common knowledge working bakery candy factory unhealthy employment judge held evidence uniform still led conclusion occupation baker confectioner unhealthy tended result diseases respiratory organs three judges dissented view thought occupation baker extent unhealthy warrant interference legislature liberty individual think limit police power reached passed case judgment reasonable foundation holding necessary appropriate health law safeguard public health health individuals following trade baker statute valid therefore proper case made deny right individual sui juris employer employee make contracts labor latter protection provisions federal constitution seem length legislation nature might go case differs widely already stated expressions regard laws nature stated holden hardy ed sup jacobson massachusetts sup think fair doubt trade baker unhealthy one degree authorize legislature interfere right labor right free contract part individual either employer employee looking statistics regarding trades occupations may true trade baker appear healthy trades also vastly healthy still others common understanding trade baker never regarded unhealthy one likely physicians recommend exercise trade remedy ill health occupations healthy others think none might come power legislature supervise control hours working therein mere fact occupation absolutely perfectly healthy confer right upon legislative department government might safely affirmed almost occupations less affect health must mere fact possible existence small amount unhealthiness warrant legislative interference liberty unfortunately true labor even department may possibly carry seeds unhealthiness account mercy legislative majorities printer tinsmith locksmith carpenter cabinetmaker dry goods clerk bank lawyer physician clerk clerk almost kind business come power legislature assumption trade occupation mode earning one living escape power acts legislature limiting hours labor employments valid although limitation might seriously cripple ability laborer support family large cities many buildings sun penetrates short time day buildings occupied people carrying business bankers brokers lawyers real estate many kinds business aided many clerks messengers employees upon assumption validity act review possible say act prohibiting lawyers bank clerks others contracting labor employers eight hours day invalid might said unhealthy work number hours apartment lighted artificial light working hours day occupation bank clerk lawyer clerk realestate clerk broker clerk offices therefore unhealthy legislature paternal wisdom must therefore right legislate subject limit hours labor exercises power validity questioned sufficient say reference public health reference health employees condemned labor day day buildings sun never shines health law therefore valid questioned courts also urged pursuing line argument interest state population strong robust therefore legislation may said tend make people healthy must valid health laws enacted police power valid argument justification kind legislation follows protection federal constitution undue interference liberty person freedom contract visionary wherever law sought justified valid exercise police power scarcely law might find shelter assumptions conduct properly called well contract come restrictive sway legislature hours employees hours employers regulated doctors lawyers scientists professional men well athletes artisans forbidden fatigue brains bodies prolonged hours exercise lest fighting strength state impaired mention extreme cases contention extreme believe soundness views uphold law contrary think law although passed assumed exercise police power relating public health health employees named within power invalid act within fair meaning term health law illegal interference rights individuals employers employees make contracts regarding labor upon terms may think best may agree upon parties contracts statutes nature review limiting hours grown intelligent men may labor earn living mere meddlesome interferences rights individual asved condemnation claim passed exercise police power upon subject health individual whose rights interfered unless fair ground reasonable say material danger public health health employees hours labor curtailed clearly case individuals whose rights thus made subject legislative interference protection federal constitution regarding liberty contract well person legislature state power limit right proposed statute properly done regard conduct bakeries provided sections act set forth several sections provide inspection premises bakery carried regard furnishing proper wash rooms waterclosets apart bake room also regard providing proper drainage plumbing painting sections addition provide height ceiling cementing tiling floors necessary opinion factory inspector things nature alterations also provided made necessary opinion inspector order comply provisions statute various sections may wise valid regulations certainly go full extent providing cleanliness healthiness far possible quarters bakeries conducted adding requirements prohibition enter contract labor bakery certain number hours week judgment wholly beside matter proper reasonable fair provision run counter liberty person free contract provided federal constitution urged argument restricting hours labor case bakers valid tended cleanliness part workers man apt cleanly overworked cleanly also likely already said applies equal force contention admit reasoning sufficient justify claimed right interference state case assume position supervisor pater familias every act individual right governmental interference hours labor hours exercise character thereof extent shall carried recognized upheld judgment possible fact discover connection number hours baker may work bakery healthful quality bread made workman connection exist shadowy thin build argument interference legislature man works ten hours day right ten half eleven health danger bread may unhealthy therefore shall permitted think unreasonable entirely arbitrary assertions adverted become necessary order give possible plausible foundation contention law law gives rise least suspicion motive dominating legislature purpose subserve public health welfare interference part legislatures several ordinary trades occupations people seems increase new york case people beattie appellate division first department decided app div supp statute regulating trade horseshoeing requiring person practising trade examined obtain certificate board examiners file clerk county wherein person proposes practise trade held invalid arbitrary interference personal liberty private property without due process law attempt made unsuccessfully justify health law kind statute held invalid aubry washington december pac held act deprived citizens liberty property without due process law denied equal protection laws also held trade horseshoer subject regulation police power state business concerning directly affecting health welfare comfort inhabitants therefore law provided examination registration horseshoers certain cities unconstitutional illegitimate exercise police power illinois bessette people also held law nature providing regulation licensing horseshoers unconstitutional illegal interference liberty individual adopting pursuing calling may choose subject restraint necessary secure common welfare see also godcharles wigeman atl low rees printing neb cases courts upheld right free contract right purchase sell labor upon terms parties may agree impossible us shut eyes fact many laws character passed claimed police power purpose protecting public health welfare reality passed motives justified saying character law subject upon legislates apparent public health welfare bears remote relation law purpose statute must determined natural legal effect language employed whether repugnant constitution must determined natural effect statutes put operation proclaimed purpose minnesota barber ed inters com sup brimmer rebman ed inters com sup looks beyond mere letter law cases yick wo hopkins ed sup manifest us limitation hours labor provided section statute indictment found plaintiff error convicted direct relation substantial effect upon health employee justify us regarding section really health law seems us real object purpose simply regulate hours labor master employees men sui juris private business dangerous degree morals real substantial degree health employees circumstances freedom master employee contract relation employment defining prohibited interfered without violating federal constitution judgment appeals new york well county oneida county must reversed case remanded county proceedings inconsistent opinion reversed justice harlan justice white justice day concurred dissenting attempted mark precise boundaries called police power state existence power uniformly recognized equally federal state courts cases agree power extends least protection lives health safety public injurious exercise citizen rights patterson kentucky ed referring general principle rights given constitution impaired state legislation kind said nevertheless marked distinctness uniformity recognized necessity growing fundamental conditions civil society upholding state police regulations enacted good faith appropriate direct connection protection life health property state owes citizens barbier connolly ed sup neither amendment comprehensive amendment designed interfere power state sometimes termed police power prescribe regulations promote health peace morals education good order people speaking generally state exercise powers may unduly interfere right citizen enter contracts may necessary essential enjoyment inherent rights belonging everyone among rights right free enjoyment faculties free use lawful ways live work earn livelihood lawful calling pursue livelihood avocation clared allgeyer louisiana ed sup case conceded right contract relation persons property business within state may sometimes prohibited contracts business conflict policy state contained statutes ed sup said holden hardy ed sup right contract however subject certain limitations state may lawfully impose exercise police powers power inherent governments doubtless greatly expanded application past century owing enormous increase number occupations dangerous far detrimental health employees demand special precautions protection safety adjacent property held notably cases davidson new orleans ed yick wo hopkins ed sup police power put forward excuse oppressive unjust legislation may lawfully resorted purpose preserving public health safety morals abatement public nuisances large discretion necessarily vested legislature determine interests public required measures necessary protection interests lawton steele ed sup referring limitations placed state upon hours workmen case said ed sup employments long pursued legislature judged detrimental health employees long reasonable grounds believing decision upon subject reviewed federal courts subsequently gundling chicago ed sup said respecting pursuit lawful trade business frequent occurrence various cities country regulations shall particular trade business occupation shall apply questions state determine determination comes within proper exercise police power state unless regulations utterly unreasonable extravagant nature purpose property personal rights citizen unnecessarily manner wholly arbitrary interfered destroyed without due process law extend beyond power state pass form subject federal interference stated crowley christensen ed sup possession enjoyment rights subject reasonable conditions may deemed governing authority country essential safety health peace good order morals community louis paul ed sup knoxville iron harbison ed sup distinctly adjudged right contract may subjected restraints demanded safety welfare state cases illustrate extent state may restrict interfere exercise right contracting authorities line numerous citations unnecessary take firmly established called liberty contract may within certain limits subjected regulations designed calculated promote general welfare guard public health public morals public safety liberty secured constitution every person within jurisdiction import recently said absolute right person times circumstances wholly freed restraint manifold restraints every person necessarily subject common good jacobson massachusetts sup ed granting liberty contract violated even sanction direct legislative enactment assuming according settled law may assume liberty contract subject regulations state may reasonably prescribe common good society conditions judiciary may declare regulations excess legislative authority void upon point room dispute rule universal legislative enactment federal state never disregarded held invalid unless beyond question plainly palpably excess legislative power jacobson massachusetts sup ed said power courts review legislative action respect matter affecting general welfare exists legislature done comes within rule statute purporting enacted protect public health public morals public safety real substantial relation objects beyond question plain palpable invasion rights secured fundamental law citing mugler kansas ed sup minnesota barber ed inters com sup atkin kansas ed sup doubt validity statute doubt must therefore resolved favor validity courts must keep hands leaving legislature meet responsibility unwise legislation end legislature seeks accomplish one power extends means employed end although wisest best yet plainly palpably unauthorized law interfere words validity statute questioned burden proof speak upon assert unconstitutional maryland wheat ed let principles applied present case statute question provided employee shall required permitted work biscuit bread cake bakery confectionery establishment sixty hours one week ten hours one day unless purpose making shorter work day last day week hours one week make average ten hours per day number days week employee shall work plain statute enacted order protect physical work bakery confectionery establishments may statute origin part belief employers employees establishments upon equal footing necessities latter often compelled submit exactions unduly taxed strength may statute must taken expressing belief people new york general rule case average man labor excess sixty hours week establishments may endanger health thus labor whether wise legislation province inquire systems government courts concerned wisdom policy legislation determining question power interfere liberty contract may inquire whether means devised state germane end may lawfully accomplished real substantial relation protection health involved daily work persons male female engaged bakery confectionery establishments inquiry entered upon find impossible view common experience say real substantial relation means employed state end sought accomplished legislation mugler kansas ed sup say statute appropriate direct connection protection health state owes citizens patterson kentucky ed promotive health employees question holden hardy ed sup lawton steele ed sup regulation prescribed state utterly unreasonable extravagant wholly arbitrary gundling chicago ed sup still less say statute beyond question plain palpable invasion rights secured fundamental law jacobson massachusetts ante sup therefore submit transcend functions assumes annul statute new york must remembered statute apply kinds business applies work bakery confectionery establishments know air constantly breathed workmen pure healthful found establishments doors professor hirt treatise workers said labor bakers among hardest laborious imaginable performed conditions injurious health engaged hard hard work requires great deal physical exertion overheated workshop unreasonably long hours erratic demands public compelling baker perform greater part work night thus depriving opportunity enjoy necessary rest sleep fact highly injurious health another writer says constant inhaling flour dust causes inflammation lungs bronchial tubes eyes also suffer dust responsible many cases running eyes among bakers long hours toil bakers subjected produce rheumatism cramps swollen legs intense heat workshops induces workers resort cooling drinks together habit exposing greater part bodies change atmosphere another source number diseases various organs nearly bakers palefaced delicate health workers crafts chiefly due hard work irregular unnatural mode living whereby power resistance disease greatly diminished average age baker workmen seldom live fiftieth year dying ages forty fifty periods epidemic diseases bakers generally first succumb disease number swept away periods far exceeds number crafts comparison men employed respective industries plague visited city marseilles france every baker city succumbed epidemic caused considerable excitement neighboring cities resulted measures sanitary protection bakers eighteenth annual report new york bureau statistics labor stated among occupations involving exposure conditions interfere nutrition baker report also stated social point view production increased change industrial organization diminishes number idlers paupers criminals shorter hours work allowing higher standards comfort purer family life promise enhance industrial efficiency class health longer life content greater intelligence inventiveness statistics show average daily working time among workingmen different countries australia eight hours great britain nine nine denmark nine norway ten sweden france switzerland ten germany ten belgium italy austria eleven russia twelve hours judicially know question number hours workman continuously labor long period yet subject serious consideration among civilized peoples special knowledge laws health suppose statute prohibited labor bakery confectionery establishments excess eighteen hours day one take dispute power state enact statute statute us embrace extreme exceptional cases may said occupy middle ground respect hours labor true ground state take legitimate protection legislation public health liberty contract question easily solved one respect absolute certainty questions political economy entire certainty may predicated one writer relation state labor well said manner occasion degree state may interfere industrial freedom citizens one debatable difficult questions social science jevons also judicially know number hours constitute day labor particular occupations involving physical strength safety workmen subject enactments congress nearly many enactments fix eight hours proper basis day labor stop consider whether particular view economic question presents sounder theory precise facts may difficult say enough determination case enough know question one room debate honest difference opinion many reasons weighty substantial character based upon experience mankind support theory things considered ten hours steady work day week week bakery confectionery establishment may endanger health shorten lives workmen thereby diminishing physical mental capacity serve state provide dependent upon reasons exist end case state amenable judiciary respect legislative enactments unless enactments plainly palpably beyond question inconsistent tion presume state new york acted bad faith assume legislature acted without due deliberation determine question upon fullest attainable information common good say state acted without reason proceed upon theory action mere sham duty submit sustain statute conflict federal constitution shown plainly palpably inconsistent instrument let state alone management purely domestic affairs long appear beyond question violated federal constitution view necessarily results principle health safety people state primarily state guard protect take leave say new york statute particulars involved held conflict amendment without enlarging scope amendment far beyond original purpose without bringing supervision matters supposed belong exclusively legislative departments several exerting conceded power guard health safety citizens regulations wisdom deem best health laws every description constitute said chief justice marshall part mass legislation everything within territory state surrendered general government advantageously exercised gibbons ogden wheat ed decision new york statute void amendment opinion involve consequences mischievous character decision seriously cripple inherent power care lives health wellbeing citizens matters best controlled preservation powers quite vital preservation powers general government question constitutionality statute kansas making criminal offense contractor public work permit require employees perform labor upon work excess eight hours day contended statute derogation liberty employees employer contended kansas statute mischievous tendencies disposing question affected public work held kansas statute void amendment took occasion say may well repeated responsibility therefor rests upon legislators upon courts evils arising legislation far reaching might come system government judiciary abandoning sphere assigned fundamental law enter domain legislation upon grounds merely justice reason wisdom annul statutes received sanction people representatives reminded counsel solemn duty courts cases guard constitutional rights citizen merely arbitrary power unquestionably true equally public interests imperatively legislative enactments recognized enforced courts embodying people unless plainly palpably beyond question violation fundamental law constitution atkin kansas ed sup judgment opinion affirmed justice holmes dissenting regret sincerely unable agree ment case think duty express dissent case decided upon economic theory large part country entertain question whether agreed theory desire study long making mind conceive duty strongly believe agreement disagreement nothing right majority embody opinions law settled various decisions state constitutions state laws may regulate life many ways legislators might think injudicious like tyrannical equally interfere liberty contract sunday laws usury laws ancient examples modern one prohibition lotteries liberty citizen likes long interfere liberty others shibboleth writers interfered school laws postoffice every state municipal institution takes money purposes thought desirable whether likes amendment enact herbert spencer social statics day sustained massachusetts vaccination law jacobson massachusetts sup ed state statutes decisions cutting liberty contract way combination familiar northern securities ed sup two years ago upheld prohibition sales stock margins future delivery constitution california otis parker ed sup decision sustaining law miners still recent holden hardy ed sup laws embody convictions prejudices judges likely share may constitution intended embody particular economic theory whether paternalism organic relation citizen state laissez faire made people fundamentally differing views accident finding certain opinions natural familiar novel even shocking conclude judgment upon question whether statutes embodying conflict constitution general propositions decide concrete cases decision depend judgment intuition subtle articulate major premise think proposition stated accepted carry us far toward end every opinion tends become law think word amendment perverted held prevent natural outcome dominant opinion unless said rational fair man necessarily admit statute proposed infringe fundamental principles understood traditions people law need research show sweeping condemnation passed upon statute us reasonable man might think proper measure score health men certainly pronounce unreasonable uphold first instalment general regulation hours work whether latter aspect open charge inequality think unnecessary discuss