lighting missouri argued january decided march missouri rev provides employee entitled vote may absent employment four hours opening closing polls election days employer deducts wages absence guilty misdemeanor violate due process equal protection clause fourteenth amendment contract clause art federal constitution pp mo affirmed appellant convicted missouri state violation mo rev missouri affirmed mo appeal affirmed henry lamkin argued cause appellant brief william armstrong louis portner thomas cobbs also counsel john baty assistant attorney general missouri appellee brief taylor attorney general arthur assistant attorney general also counsel albert woll herbert thatcher james glenn filed brief american federation labor amicus curiae supporting appellee justice douglas delivered opinion missouri statute mo rev first enacted designed end coercion employees employers exercise franchise provides employee may absent employment four hours opening closing polls without penalty employer among things deducts wages absence guilty misdemeanor appellant missouri corporation business louis november day general elections missouri polls open one grotemeyer employee appellant shift worked day thirty minutes lunch rate pay hour requested four hours scheduled work day vote november request refused grotemeyer employees shift allowed leave day gave four consecutive hours vote polls closed grotemeyer left work order vote return work day paid hour half appellant found guilty fined penalizing grotemeyer violation statute judgment affirmed missouri mo objection statute violated due process equal protection clauses fourteenth amendment contract clause art liberty contract argument pressed us reminiscent philosophy lochner new york invalidated new york law prescribing maximum hours work bakeries coppage kansas struck kansas statute outlawing yellow dog contracts adkins children hospital held unconstitutional federal statute fixing minimum wage standards women district columbia others vintage recent decisions make plain sit weigh wisdom legislation decide whether policy expresses offends public welfare legislative power limits tot holds state legislatures constitutional authority experiment new techniques entitled standard public welfare may within extremely broad limits control practices filed long specific constitutional prohibitions violated long conflicts valid controlling federal laws avoided essence west coast hotel parrish nebbia new york olsen nebraska lincoln union northwestern california auto assn maloney west coast hotel parrish supra overruling adkins children hospital supra held constitutional state law fixing minimum wages women present statute contains form minimum wage requirement difference purpose legislation protection health morals citizen missouri legislation sought safeguard right suffrage taking employers incentive power use leverage employees influence vote police power confined narrow category extends stated noble state bank haskell great public needs protection right suffrage scheme things basic fundamental semblance substance constitutional objection missouri law employer must pay wages period employee performs services course many forms regulation reduce net return enterprise yet gives rise constitutional infirmity see queenside hills saxl california auto assn maloney supra regulations business necessarily impose financial burdens enterprise compensation paid part costs civilization extreme cases conjured employer required pay wages period relation legitimate end cases await decision arise present law infirmity designed eliminate penalty exercising right suffrage remove practical obstacle getting vote public welfare broad inclusive concept moral social economic physical community one part political another police power adequate fix financial burden one adequate judgment legislature time voting cost employee nothing may debatable one indeed conceded opposition recent cases mean anything leave debatable issues respects business economic social affairs legislative decision strike law returned philosophy lochner coppage adkins cases classification voters free employees domination employers attempt deal evil one group exposed need classification matter legislative judgment american federation labor american sash amount denial equal protection laws affirmed footnotes decisions contrary missouri case rendered appeals kentucky illinois central commonwealth illinois people chicago cf zelney murphy appellate division new york people ford motor app div appellate department superior california ballarini schlage lock cal app held accord missouri review legislation field see rev justice jackson dissenting constitutional issue case vital present application surely debatable one two state courts last resort ones consider similar legislation held unconstitutional unreviewed decisions intermediate courts cited support holding appellant employed one grotemeyer union contract hourly basis per hour hour worked demanded leave absence full pay election day campaigning get vote stipulated residence feet polling place actually took five minutes vote appellant closed day work employees one hours earlier usual gave statutory four hours polls closed failure pay something less hour half grotemeyer work contract provide paid employer convicted crime statute set forth opinion sustain statute resort analogy minimum wages laws seems farfetched unconvincing demonstrate weakness rather strength state may require payment minimum wage hours worked follow may compel payment time worked overlook distinction fundamental confuse point issue speaking statute though applies industry sinister big obscures real principle involved statute plainly requires farmers small service enterprises professional offices housewives domestic help employers allow employees time vote pay time however require employee use part time purpose legislation stands class uncritically commended mere regulation practices field obtaining full free expression qualified voters polls fundamental successful representative government state rightly concerns removal every obstruction right opportunity vote freely courts go far sustain legislation designed relieve employees obligations private employers stand way duty citizens must limit power shift whole voting burden voter someone else happens stand economic relationship getting vote business employers indeed regarded political abuse employers concerned employees voting either voter business state business question incentive statute offers help swell vote require employees paid swell still even better success enticement vote justify putting cost citizen discriminatory character statute flagrant obvious everybody paid voting rational basis state ordered paid others eludes need subsidy get vote reason apparent go one lives feet polling place farmer may lay work let equipment idle several hours travels several miles bad fall roads duty citizen hired man must also lose hand time pay perhaps plan forthcoming pay farmer requiring mortgagee rebate proportion interest farm mortgage vote differ principle way occurs doctor charge patient lawyer client call receive voting suppose state considerable latitude offer inducements voters value franchise enough vote time even seem corrupting discriminating ones perhaps difficulty today decision rise valuation american citizenship makes system appear confession failure popular representative government undoubtedly right every union negotiating employer bargain voting time without loss pay equally right individual employee make part hire reason doubt large number voters already voluntary arrangements make absence voting without cost constitutional philosophy sanctions intervention state fix terms pay without work may available tomorrow give constitutional sanction terms employment less benevolent illinois central commonwealth people chicago cf zelney murphy people ford motor app div ballarini schlage lock cal app