in re Opinion of Justices

• Decision Date: 16 May 1911
• Citation: in re Opinion of Justices, 208 Mass. 619, 94 N.E. 1044 (Mass. 1911)
• Parties: In re OPINION OF JUSTICES.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

208 Mass. 619

94 N.E. 1044

In re OPINION OF JUSTICES.

Supreme Judicial Court of Massachusetts.

May 16, 1911

OPINION

The following is the question submitted: 'Ordered, that the Justices of the Supreme Judicial Court be required to give their opinion to the Senate upon the following important question of law:

'Are the provisions of the bill to constitute eight hours a day's work for public employés, now pending in the Senate, and particularly the provisions of section 5 of said bill, constitutional?'

A copy of the bill is as follows:

'Section 1.The service of all laborers, workmen and mechanics, now or hereafter employed by the commonwealth or by any county therein or by any city or town which has accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws, or of section forty-two of chapter five hundred and fourteen of the acts of the year one thousand nine hundred and nine, or by any contractor or subcontractor for or upon any public works of the commonwealth or of any county therein or of any such city or town, is hereby restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the commonwealth or of any county therein, or of any such city or town, or for any such contractor or subcontractor or other person whose duty it shall be to employ, direct or control the service of such laborers workmen or mechanics to require or permit any such laborer workman or mechanic to work more than eight hours in any one calendar day, except in cases of extraordinary emergency.Danger to property, life, public safety or public health only shall be considered cases of extraordinary emergency within the meaning of this section.In cases where a Saturday half holiday is given the hours of labor upon the other working days of the week may be increased sufficiently to make a total of forty-eight hours for the week's work.Threat of loss of employment or to obstruct or prevent the obtaining of employment or to refrain from employing in the future, shall each be considered to be 'requiring' within the meaning of this section.Engineers shall be regarded as mechanics within the meaning of this act.

'Sec. 2.Every contract, excluding contracts for the purchase of material or supplies, to which the commonwealth or any county therein or any city or town which has accepted the provisions of section twenty of chapter one hundred and six of the Revised Laws, is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic working within this commonwealth, in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contractor shall be requested or required to work more than eight hours in any one calendar day, and every such contract which does not contain this stipulation shall be null and void.

'Sec. 3.Any agent or official of the commonwealth or of any county therein or of any city or town or any contractor or subcontractor or any agent or person acting on behalf of any contractor or subcontractor who violates any provision of this act shall be punished by a fine not exceeding one thousand dollars or by imprisonment for six months or both such fine and imprisonment for each offense.

'Sec. 4.This act shall not apply to the preparation, printing, shipment and delivery of ballots to be used at a caucus, primary, state, city or town election, nor during the sessions of the General Court to persons employed in legislative printing or binding; nor shall it apply at any time to persons employed in any state, county or municipal institution, on a farm, or in the care of the grounds, in the stable, in the domestic or kitchen and dining-room service or in store rooms and offices.

'Sec. 5.At any trial arising under the provisions of this act, evidence that laborers, workmen or mechanics have worked or are working over eight hours in any one calendar day shall be prima facie evidence of the violation of the provisions of this act.

'Sec. 6.All acts and parts of acts inconsistent herewith are hereby repealed.

'Sec. 7.This act shall take effect upon its passage.'

To the Honorable Senate of the Commonwealth of Massachusetts:

We, the justices of the Supreme Judicial Court, have received the order requiring our opinion upon the question, a copy of which is hereto annexed, and we respecitfully answer as follows:

The right 'of acquiring, possessing and protecting property' and the right to the enjoyment of 'life liberty or property' are secured to every citizen by the Constitution of Massachusetts as well as by the Constitution of the United States.These rights include the right to use one's powers and faculties in any reasonable way for the promotion of his interests and the right to make contracts with others.These rights can be regulated by the Legislature, in the exercise of the police power, only in the interest of the public health, the public safety or the public morals, and, in a certain restricted sense, of the public welfare.The general principles touching this subject have been considered repeatedly by the justices of this court and by the Supreme Court of the United States.SeeCommonwealth v. Pear,183 Mass. 242, 66 N.E. 719, 67 L. R. A. 935;Commonwealth v. Strauss,191 Mass. 545, 78 N.E. 136, 11 L. R. A. (N. S.) 968;Welch v. Swasey,193 Mass. 364, 373, 79 N.E. 745, 23 L. R. A. (N. S.) 1160, 118 Am. St. Rep. 523;Opinions of the Justices, 193 Mass. 605, 609, 612, 81 N.E. 142;Wyeth v. Cambridge Board of Health,200 Mass. 474, 478, 86 N.E. 925, 23L. R. A. (N....