muller state oregon argued january decided february william fenton henry gilfry plaintiff error adams louis brandeis john manning crawford haney defendant error justice brewer delivered opinion february legislature state oregon passed act session laws first section words female shall employed mechanical establishment factory laundry state ten hours one day hours work may arranged permit employment females time shall work ten hours hours one day sec made violation provisions prior sections misdemeanor subject fine less september information filed circuit state county multnomah charging defendant day september county multnomah state oregon owner laundry known grand laundry city portland employer females therein unlawfully permit suffer one joe haselbock said joe haselbock overseer superintendent agent said curt muller said grand laundry require female wit one gotcher work ten hours said laundry said day september contrary statutes cases made provided peace dignity state oregon trial resulted verdict defendant sentenced pay fine state affirmed conviction pac whereupon case brought writ error single question constitutionality statute defendant convicted far affects work female laundry conflict provisions state constitution settled decision state contentions defendant plaintiff error thus stated brief statute attempts prevent persons sui juris making contracts thus violates provisions amendment follows state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws statute apply equally persons similarly situated class legislation statute valid exercise police power kinds work prescribed unlawful declared immoral dangerous public health law sustained ground designed protect women account sex necessary reasonable connection limitation prescribed act public health safety welfare law oregon women whether married single equal contractual personal rights men said chief justice wolverton first nat bank leonard pac review various statutes state upon subject may therefore say perfect confidence three sections upon statute book wife deal separate property acquired whatever source manner husband property belonging may make contracts incur liabilities may enforced feme sole residuum civil disability resting upon recognized existing husband current runs steadily strongly direction emancipation wife policy disclosed recent legislation upon subject state place upon footing feme sole respect separate property affects right make binding contracts natural corollary situation remedies enforcement liabilities incurred made coextensive coequal enlarged conditions thus appears putting one side elective franchise matter personal contractual rights stand plane sex rights respects infringed equal rights brothers held lochner new york ed sup law providing laborer shall required permitted work bakeries sixty hours week ten hours day men legitimate exercise police power state unreasonable unnecessary arbitrary interference right liberty individual contract relation labor conflict void federal constitution decision invoked plaintiff error decisive question us assumes difference sexes justify different rule respecting restriction hours labor patent cases counsel apt open argument discussion state art may amiss present case examining constitutional question notice course legislation well expressions opinion judicial sources brief filed louis brandeis defendant error copious collection matters epitome found margin decisions bearing directly upon question following sustain constitutionality legislation com hamilton mfg mass wenham state neb state buchanan pac com beatty super case ritchie people legislation opinions referred margin may technically speaking authorities little discussion constitutional question presented us determination yet significant widespread belief woman physical structure functions performs consequence thereof justify special legislation restricting qualifying conditions permitted toil constitutional questions true settled even consensus present public opinion peculiar value written constitution places unchanging form limitations upon legislative action thus gives permanence stability popular government otherwise lacking time question fact debated debatable extent special constitutional limitation goes affected truth respect fact widespread longcontinued belief concerning worthy consideration take judicial cognizance matters general knowledge undoubtedly true declared general right contract relation one business part liberty individual protected amendment federal constitution yet equally well settled liberty absolute extending contracts state may without conflicting provisions amendment restrict many respects individual power contract without stopping discuss length extent state may act respect refer following cases question considered allgeyer louisiana ed sup holden hardy ed sup lochner new york supra woman physical structure performance maternal functions place disadvantage struggle subsistence obvious especially true burdens motherhood upon even abundant testimony medical fraternity continuance long time feet work repeating day day tends injurious effects upon body healthy mothers essential vigorous offspring physical woman becomes object public interest care order preserve strength vigor race still history discloses fact woman always dependent upon man established control outset superior physical strength may without conflicting provisions control various forms diminishing intensity continued present minors thought extent looked upon courts needing especial care rights may preserved education long denied doors schoolroom opened opportunities acquiring knowledge great yet even consequent increase capacity business affairs still true struggle subsistence equal competitor brother though limitations upon personal contractual rights may removed legislation disposition habits life operate full assertion rights still legislation protect seems necessary secure real equality right doubtless individual exceptions many respects advantage looking viewpoint effort maintain independent position life upon equality differentiated matters sex properly placed class legislation designed protection may sustained even like legislation necessary men sustained impossible close one eyes fact still looks brother depends upon even though restrictions political personal contractual rights taken away stood far statutes concerned upon absolutely equal plane still true constituted rest upon look protection physical structure proper discharge maternal view merely health legislation protect greed well passion man limitations statute places upon contractual powers upon right agree employer time shall labor imposed solely benefit also largely benefit many words make plainer two sexes differ structure body functions performed amount physical strength capacity long continued labor particularly done standing influence vigorous health upon future race enables one assert full rights capacity maintain struggle subsistence difference justifies difference legislation upholds designed compensate burdens rest upon referred discussion denial elective franchise state oregon may disclose lack political equality things brother decisive reason runs deeper rests inherent difference two sexes different functions life perform reasons without questioning respect decision lochner new york opinion adjudged act question conflict federal constitution far respects work female laundry judgment oregon affirmed footnotes following legislation imposes restriction form another upon hours labor may required women massachusetts rev laws chap rhode island acts resolves chap louisiana rev laws vol connecticut stat revision maine rev stat chap new hampshire laws chap maryland pub laws art virginia code title chap pennsylvania laws new york laws chap subdiv nebraska comp stat washington stat chap colorado acts chap new jersey stat oklahoma rev stat chap art north dakota rev code south dakota rev code penal code wisconsin code south carolina acts foreign legislation brandeis calls attention statutes great britain law edw vii chap france act march switzerland canton glarus federal law art austria acts art holland art italy june art germany laws follow extracts ninety reports committees bureaus statistics commissioners hygiene inspectors factories country europe effect long hours labor dangerous women primarily special physical organization matter discussed reports different aspects agree danger course take much space give reports detail following extracts similar reports discussing general benefits short hours economic aspect question many reports individual instances given tending support general conclusion perhaps general scope character reports may summed inspector hanover says reasons reduction working day ten physical organization women maternal functions rearing education children maintenance important far reaching need reduction need hardly discussed