Page:American Journal of Sociology Volume 4.djvu/44

28 demonstrate that, in passing upon the validity of state legislation under that amendment, this court has not failed to recognize the fact that the law is, to a certain extent, a progressive science ; that in some of the states, methods of procedure which, at the time the constitution was adopted, were deemed essential to the protection and safety of the people, or to the liberty of the citizen, have been found no longer necessary; that restrictions which had formerly been laid upon the conduct of individuals, or of classes of individuals, had proved detrimental to their interests, while, on the other hand, certain other classes of persons (particularly those engaged in dangerous or unhealthy occupations) have been found to be in need of additional protection." "Of course it is impossible to forecast the character or extent of these changes ; but in view of the fact that, from the day Magna Charta was signed to the present moment, amendments to the structure of the law have been made with increasing frequency, it is impossible to suppose that the)' will not continue, and the law be forced to adapt itself to new conditions of society, and particularly to the new relations between employers and employés as they arise." And again the court says : "While this court has held that the police powers cannot be put forward as an excuse for oppressive and unjust legislation, it may be resorted to for the purpose of preserving the health, public safety, or morals, or the abatement of public nuisances, and a large discretion is necessarily vested in the legislature to determine, not only what the interests of the public require, but what measures are necessary for the protection of those interests." Finally the court quotes with approval the most advanced position taken by the supreme court of Utah, as follows: "Though reasonable doubts may exist as to the power of the legislature to pass a law, or as to ehether the law is calculated or adapted to promote the health, safety, or comfort of the people, or to secure good order or promote the general welfare, we must resolve them in favor of that branch of the government."

Having thus come to the rescue of the state legislatures and their powers in general, the court deals with their duties in regard to the health of employés as such. It sets forth the general proposition that " It is as much in the interest of the