In the exercise of this right, American judges have always inclined to
be very conservative in allowing the legislature to invade the province
of economic freedom. At present after many years of agitation by
humanitarians and trade unionists, the cause of legislative protection
of child and woman laborers seems to be won in principle. But this
progress has been made because it has been shown conclusively that the
protection of these most helpless groups of the wage-earning class
clearly falls within the scope of public purpose and is therefore a
lawful exercise of the state's police power within the meaning of the
constitution. However, adult male labor offers a far different case.
Moreover, should the unexpected happen and the courts become converted
to a broader view, the legislative standards would be small compared
with the standards already enforced by most of the trade unions.
Consequently, so far as adult male workers are concerned (and they are
of course the great bulk of organized labor), labor in America would
scarcely be justified in diverting even a part of its energy from trade
unionism to a relatively unprofitable seeking of redress through
legislatures and courts.
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