What eight million women want

by Rheta Childe Dorr

There was a law in Oregon which decreed that the working day of women in factories and laundries should be ten hours long. The law was constantly violated, especially in the steam laundries of Portland. One night a factory inspector walked into the laundry of one Curt Muller, and found working there, long after closing time, one Mrs. Gotcher. The inspector promptly sent Mrs. Gotcher home and arrested Mr. Muller.

The next day in court Mr. Muller was fined ten dollars. Instead of paying the fine he appealed, backed up in his action by the other laundrymen of Portland, on the ground that the ten-hour law for women workers was unconstitutional. The Fourteenth Amendment to the Constitution guarantees to every adult member of the community the right freely to contract. A man or a woman may contract with an employer to work as many hours a day, or a night, for whatever wages, in whatever dangerous or unhealthful or menacing conditions, unless "there is fair ground to say that there is material danger to the public health or safety, or to the health and safety of the employee, or to the general welfare...." This is the legal decision on which most protective legislation in the United States has been based.

Several years ago, in Illinois, a law providing an eight-hour day for women was declared unconstitutional because nobody's health or safety was endangered; and on the same grounds the same fate met a New York law forbidding all-night employment of women.

So Mr. Curt Muller and the laundrymen of Portland, Oregon, had reason to believe that they could attack the Oregon law. The case was appealed, and appealed again, by the laundrymen, and finally reached the Supreme Court of the United States. Then the Consumers' League took a hand.

The brief for the State of Oregon, "defendant in error," was prepared by Louis D. Brandeis, of Boston, assisted by Josephine Goldmark, one of the most effective workers in the League's New York headquarters. This brief is probably one of the most remarkable legal documents in existence. It consists of one hundred and twelve printed pages, of which a few paragraphs were written by the attorney for the State. All the rest was contributed, under Miss Goldmark's direction, from the Consumers' League's wonderful collection of reasons why women workers should be protected.

The League's reply to the Oregon laundrymen who asked leave to work their women employees far into the night was, "The World's Experience upon Which the Legislation Limiting the Hours of Labor for Women is Based." It is simply a mass of testimony taken from hearings before the English Parliament, before state legislatures, state labor boards; from the reports of factory inspectors in many countries; from reports of industrial commissions in the United States and elsewhere; from medical books; from reports of boards of health.

REASONS FOR PROTECTING WOMEN WORKERS

The brief included a short and interesting chapter, containing a number of things the League had collected on the subject of laundries. Supreme Court judges cannot be expected to know that laundry work is classed by experts among the dangerous trades. That washing clothes, from a simple home or backyard occupation, has been transformed into a highly-organized factory trade full of complicated and often extremely dangerous machinery; that the atmosphere of a steam laundry is more conducive to tuberculosis and the other occupational diseases than cotton mills; that the work in laundries, being irregular, is conducive to a general low state of morals; that, on the whole, women should not be required to spend more time than necessary in laundries; all this was set forth.

Medical testimony showed the physical differences between men and women; the lesser power of women to endure long hours of standing; the heightened susceptibility of women to industrial poisons—lead, naphtha, and the like. A long chapter of testimony on the effect of child-bearing in communities where the women had toiled long hours before marriage, or afterwards, was included.

The testimony of factory inspectors, of industrial experts, of employers in England, Germany, France, America, revealed the bad effect of long hours on women's safety, both physical and moral. It revealed the good effect, on the individual health, home life, and general welfare, of short hours of labor.