The Birmingham age-herald. [volume], April 25, 1915, Page 4, Image 4

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
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In Ordering Goods rlcnxe Mention THE AGE-HERALD
LYLES BUCK HERE
-Says Southerners Crowding
Vanderbilt Hotel at
New York
Lyles Black, general agent for the Van
derbilt hotel in New York city, the hos
telry which is crowding all other places
as headquarters for southerners, was
here yesterday on business for his com
pany. He lunched at the Newspaper club
yesterday with Georg© R. Knox. Jr., Lo
gan C. Trousdale and others. Mr. Black
will be here until Tuesday, when he will
go to Louisville for the races. He is
registered at the Tutwiler.
Mr. Black said yesterday that the trip
made through the south last summer by
Walton Marshall, manager of the Van
derbilt, and other officials of the com
pany, had completely established the Van
derbilt as a stopping place for southern
men and women when they visited the
metropolis. He said that the people of
the south had been shown every con
sideration at the Aranderbilt and that
policy would be continued. The result
EASY 10 DARKEN
You Can Bring Back Color and
Lustre With Sage Tea
and Sulphur
When you darken your hair with Sage
Tea and Sulphur, no one can tell, because
It's done so naturally, so evenly. Pre
paring this mixture, though, at home i9
mussy and troublesome. For 60 cents you
can buy at any drug store the ready-to
use tonic called “Wyeth's Sage and Sul
phur Compound.” You just dampen a
sponge or soft brush with it and draw
this through your hair, takiing one small
strand at a time. By morning all gray
hair disappears, and, after another ap
plication or two, your hair becomes beau
tifully darkened, glossy and luxuriant.
You will also discover dandruff is gone
and hair has stopped falling.
Gray, faded hair, though no disgrace, Is
a sign of old age, and as we all desird a
youthful and attractive appearance, get
busy at once with Wyeth’s Sage and Sul
phur and look years younger.
[The Bee Cell Supporter
A BOON TO WOMANKIND
Made from the purest. aoftest rubber*
Six cupa or facea render misplacement
abeolutely impoaaible. Endowed by the
medical profession. Send ns $2.00 and
we will mail you one postpaid in plain
package. Money back if not entirely
satisfactory. Write for descriptive dx*
cular. It*a FREE.
Tke Bell Cell Co.. Dept- 39, White Bldg.,
Buffalo. N. Y.
Morphine,
HABITS Treated ro.8«nfoUr wMwrt
.hock, without restraint and NO MUB
UNLESS CURED. Home or Sanltarhua
Treatment. “A»k ourpaUente.”
tCEDARCROFT SANITARIUM
DR. POWER CRIBBLE. Bnpt,
BM.S Bex 10. NaehvOta.TmnkJIcLHob 1224
r"
The Round-Up
At
Fairfield Sunday
(Open From 1 to 10 P. M.)
The greatest and best wild west moving picture of its
kind ever produced, featui’ing Sioux City frontier days
and Indian Congress.
200—Big Scenes—200
Hundreds of Contestants
Four reels of thrilling action and superior photography. The most
diversified film from start to finish ever produced.
World's champions from the four quarters of the west in original
feats of dariug and skill.
This Is the first time this picture has ever been shown In the south.
COOL, COMFORTABLE THEATRE
i_I . s,_ _asp
has been the actual crowding of that
popular house by southerners.
"We are extremely gratified over the
success of our work in the south last
summer.'’ said Mr. Black. “We have been
able to draw scores of prominent south
erners to the Vanderbilt and business
has been very good indeed. We have
endeavored to give our friends from the
south the maximum attention and they
have all been apparently well satisfied
with our operations. We have now at
the Vanderbilt many Birmingham cit
izens and hundreds of people from the
south. Business has been very good and
we have absolutely no complaints to
make. Compared to many other hotels
Jn New York city the Vanderbilt has
outstripped all of them. We attribute
a great deal of that to our friends in
the south.
“I am very glad to be 1n Birming
ham again. Mr. Marshall has not for
gotten his trip here last summer. The
cordiality of the people and the enter
tainment afforded him and his party at
the press club and other places here
made a very strong impression on him
as w'ell as others of the party. He will
never forget this city or the people, all
of whom were so considerate and atten
tive. In New York there is apparently
an awakening. The indications point
strongly to a very consistent revival of
business and we believe the volume this
fall and summer will he unusually large
and profitable.”
BOYKIN BOUND OVER
Bond of Negro Charged With Coun
terfeiting Fixed at $1000
At the conclusion of the preliminary
hearing of Joe Boykin, negro dentist,
charged with counterfeitng $.1 gold
pieces, he was bound over to await
the action of the federal grand jury
and his bond fixed at $1000. Boykin
and his partner, J. C. Brown, were ar
rested recently at the instance of Capt.
fc. P. McAdams, secret service agent,
and Capt. C. G. Willis, chief deputy
marshal, on a charge of making and
passing counterfeit $5 gold pieces. \t
the first preliminary hearing’ Boykin
was discharged as Brown confessed
and exonerated him. Brow’n lotei de
cided to change his testimony and at
the hearing held yesterday and Thurs
day Implicated Boykin in the manu
facture and issuing of the spurious
coins.
A large number of witnesses were
examined for the government and
I Boykin was held as stated above.
Brown was also admitted to a bond of
$1000 and both negroes made bond.
Real Estate Transfers
The following real estate transfers were
yesterday recorded In the office of the
probate Judge:
$1300— Mrs. Fannie M. Owen to M. A.
Myatt, one-half Interest in lot 13 and 14,
block 11 and lots 3 and 4, block 14, Owen's
addition to Birmingham.
|1000—J. E. Stlmmell and wife to F. M.
Roberts, the southeast quarter of north
west quarter of section 21, township 13,
south, range 6 of northwest quarter, sec
tion 21, township 17, range 6 north (40
acres*.
SI46u~Ruth Yasser and Robert Yasser to
j Tony Marino and Anglo Marino, lots 13
i and 14, In block 2.
Marriage Licenses
The following marriage licenses w?ere
yesterday recorded in the office of the
probate judge:
Hugh Theeton Cummings, Bessemer, to
Miss Bonnie Low Orange.
Willard Jones, East Irondale, to Misi
Fannie Glass.
George Hill, Bradford, to Miss Dora
Franklin.
R. L. McCain, Birmingham, to Miss
Louise Edna Ward.
G. C. Stewart, Shades mountain, to Miss
Harriett Prough.
W. A. Candler. Birmingham, to Miss
Gertrude Norwood.
I
BANCROFT HERE FOR
TRI-STATE LAUNDRY
President of Association
Expects 100 Members to
Attend — Entertained
Yesterday by Blinn
President J. H. Bancroft of the Tri
State Laundercrs' association arrived in
Birmingham yesterday from Mobile for
the convention which will begin here to
morrow morning. During the day sev
eral members arrived from the more dis
tant places, while today Jt is expected
that nearly the entire membership wdl
arrive for the opening tomorrow morning.
Mr. Bancroft was entertained yesterday
at luncheon by George A. Blinn at the
Newspaper club. He said that the con
vention here would be attended, he bo
lieved, by about 100 members and ma .y
visitors attached to concerns that rater
to laundries. He said that every member
of the association expected to have n
most profitable as well as pleasant time
in this city. Mr. Bancroft paid Birming
ham quite a compliment by saying that
thoroughout the south this city was rec
ognized as perhaps the most acceptable
for conventions.
"I am very glad to be here," said Mr
Bancroft yesterday. "I look for at least
100 of our members and we will have a
most profitable session. The interest in
our association has been growing steadily,
as one would recognize from our recent
action in taking into the association two
additional states. I like Birmingham very
much and anticipate a most pleasant time
here. The Newspaper club to which Mr.
Blinn has kindly given us cards is widely
known and discussed in our section of the
state. I believe some of our most promi
nent men are non-resident members of the
club."
Mr. Bancroft is at tne Tutwiler, which
he said was easily the most elegant hotel
he had ever seen south of New York.
The programme for the association In
cludes a banquet at the Newspaper club
tomorrow night. Arrangements have been
made for 100 guests. The officials have
not disclosed the programme for the ban
quet, but it is stated that the plans in
clude some very interesting gridiron fea
tures which are of special interest to the
members of the association. Aside from
tlie banquet the visitors will be shown
through the steel plant division of the
Tennessee Coat, Iron and Railroad com
pany. as well as through the American
Steel and Wire company plant at Fairfield.
The association will elect new officers
Tuesday and wll adjourn that afternoon.
NO LONGER BANNED
Names Figure in Almost
Every Orchestral Con
cert in London
London, April 5.—(Correspondence of
the Associated Press.)—Popular prej
udice against Germany does not extend
to its classic composers, whose names
figure in almost every orchestral con
cert In London. Now comes a Bach,
Beethoven and Brahms festival in a
series of six concerts for the benefit
of French and Belgian charities. Henri
Vertrugghen, the Belgian conductor,
interprets these German masters and
the choral parts are sung by the fa
mous festival choir of Leeds. At an
orchestral concert on Good Friday the
music was taken wholly from Parsifal,
for war has not cost Wagner any of
his popularity with the masses, liow
eter, tiie modern German composers,
particularly Richard Strauss, have lost
their vogue for the present.
Meantime all sorts of discussions are
carried on in the press as to notne
plan for the development of British
1 music. The old school of harmonists,
' who have fought every change from
tradition, have been bitterly assailed
and encouragement given to concerts
deveted to the young and revolutionary
composers, who in turn are assuile-i as
’ imitators of continental creators.
Thomas Beecham, the British con
ductor who has done much to popu
larize Russian music, puts the blame
lor ibe feeble support given to Brit
ish originality on the British conceit
agent.
* "Bewildered and abashed by the
grand'eur and omniscience of the con
i cert agent," Beecham writes to the
\, Chronicle, "the humble local genius re
tires shrieking into his shell. Third
rate artists are pushed and receive
large sums for engagements." Biillsh
, music, he feels, has been held back
5 by agents, largely foreign, "whose only
qualifications are impudence and a de- i
eidedly low level of mental attain- j
* mer.t.”
! NEGROES TO HONOR
L DR. HAMIL’S MEMORY
j Memorial Services Will Be Held This
Afternoon at the Sixteenth Street
s Baptist Church
9 The memory of the late Dr. H. M.
Hamil, the great Methodist leader of the
; south, will be honored by the negroes of
Birmingham this afternoon at the Six
teenth Street Baptist church when me
morial services will be held beginning at 3
o'clock.
The Rev. J. A. Whittod. pastor of the
church, will preside. The church will
be decorated with wild flowers loved by
Dr. Hamil. Places for 100 white friends
of Dr. Hamil will be reserved.
The following programme will be car
ried o.ut:
Organ prelude, Mrs. W. E. Lacey.
Prayer, W. E. Tinker.
Twenty-third Psalm, by pastors, led by
the Rev. W. H. Bell.
Song. "Jesus, My Redeemer,” choir of
Sixteenth Street Baptist church.
Life sketch of Dr. Ham! 11, Ada Berry.
Song, "I Love Him,” everybody.
Prayer, the Rev. John W. Goodgame.
Quartet, "We’ll Walk Through the Val
ley in Peace,” quartet of Sixth Avenue
Baptist church,
j Scripture recitals, anybody.
Solo, "I Shall See Him Face to Face,”
Aaron Thrift.
Prayer, the Rev. T. J. Moppins.
Quartet, “Prepare Me, O Lord,” quar
tet of Sixth Avenue Baptist church.
Scripture recitals, anybody.
Song, "When the Bridegroom Comes,”
J. K. Moore.
Pastor’s period, in charge of the Rev.
P. W. Walls.
Prayer, the Rev. L. B. Ellerson.
Solo, "Compassion,” Mrs. Julia Ken
nedy Wlikerson.
Benediction, the Rev. F. G. Ragland.
Organ postlude, Mrs. W. E. Lacey.
!FEDERAL PRISONERS
TAKEN FROM COUNTY
JAIL BY JUDGE GRUBB
I —
Two Women Are Given in
Charge of Mrs. Wilson
Searight—Not Fit for
Detention of Women
Declaring that the county jail was
unfit for their detention, Judge W. I
Grubb of the United States court yes
terday ordered the removal of two
white women charged with violating
the new federal anti-narcotic law from
the custody of the sheriff of Jefferson
county and placed them In charge of
Mrs. Wilson Searight, head of the wel
fare department of the city. Judge
Grubb gave instructions that each
woman bo given an entire change of
clothing and informed Mrs. Searight
that the government would pay for
their keep pending the disposition of
their cases by the United States court.
*•••••••••••••••••••••••••••••••••••••••••••••••••*•
Capt. G. C. Willis, chief deputy mar
shal, called the attention of Judge
Grubb to the fact that the women were
confined in the basement of the old
jail and declared it entirely unfit f^r
the detention of women. He called at
tention to the fact that there was no
matron at the jail and that the gen
eral conditions were bad, so far as that
particular section of the jail was con
cerned.
Mrs. Searight was communicated
with and at the request of Judge
Grubb agreed to take care of the wom
en until tried. The women are Mrs.
Annie Foster, charged with selling
morphine, and Miss Bessie Travis,
charged with forging doctors' prescrip
tions to secure prohibited drugs. There
are two other women confined in the
dungeon charged with state offenses.
It will be recalled that Dr. Oates, state
prison inspector, has from time to time
forbidden the detention of white wom
en in the county jail and at one time
removed a number of negro women to
another county on account of over
crowding.
VAUDEVILLE ACTS
Miss Lynn and Earle Holmes
Prove Popular at the
Press Club
Miss Eva Lynn and Earl Holmes, who
have been the vaudeville attractions at
the Birmingham Newspaper club during
the past week, have proved so popular
with the club members and have been so
successful that the club management has
decided to continue their acts for another
week.
Miss Lynn has come to be quite a favor
ite with lunchers and cLiners at the News
paper club, and announcement that she
will continue at the club for another week
will be received with much pleasure by
the club members.
Cne of the especially interesting feat
ures of the numbers given by her are the
whistling encores, which are greatly en
joyed.
Mr. Holmes is a singer of unusual abil
ity, rendering rag songs and selections
from grand opera with the same degree
of success and expression.
Miss Lynn and Mr. Holmes will appear
at the club during the luncheon and din
ner hotigs each evening next w’eek, and
this evening at the table d’hote dinner at
the club they will render an especially
interesting programme.
The menu and musical programme for
the Sunday evening dinner at the club
will be as follows:
MENU.
Fruit -Cocktail
Cream of Corn
Celery Olives
Salted Almonds
Broiled Spanish Mackerel, Parsley Butter
Lattice Potatoes
Roast Turkey, Cranberry*Bailee
Baked Stuffed Tomatoes
Cauliflower lin Cqeam
Lettuce Salid, French Dressing
Strawberry Ice Qream
White Mountain 'Cake
Roquefort Cheese. Toasted Crackers
Demi Tasse
Served from 6:30 to 9:30 p. m.
PROGRAMME.
Newspaper Club orchestra, Miss Lenore
Robinson, director.
Mile. Modiste, selection (Herbert), Mil
licent waltz (McKee), “Jean" (Burleigh),
Miss Lynn.
‘‘Narcissus” (Nevin), *T Love, Love”
(Red Widow) (Gebest). Mr. Holmes.
Excerpts from “Chin-Chin” (Cary)l
“Berceuse” (Godard), Miss Lynn.
Humoresque (Dvorak), duet, selected,
Miss Lynn and Mr. Holmes.
“A Perfect Day” CBond), Mr. Holmes.
Popular requests Miss Lynn and Mr.
Holmes.
CONGRESS MEETS
HEREJfXT WEEK
Sociological Problems Will
Be Considered by Stale
Association
The third annual meeting of the
Alabama Sociological congress will j
convene in Birmingham next Sunday
and will continue through Wednesday. J
Robbi Morris Newfleld Is president of
the congress and will preside.
Dr. George Eaves on behalf of the
programme committee of the congress
yesterday issued the following state
ment:
“Will you please permit, on behalf
of the programme committee of the
Alabama Sociological congress* to urge
upon your readers their share in the
meetings which will commence next
Sunday, May 2, at 8 p. m., at the South
Highland Presbyterian church. An ex
cellent programme has been arranged,
consisting generally of expert woilc
with opportunity for full discussion
End inquiry. Dr. I-I. M. Edmonds will
* preach the opening sermon and ncigh
* boring churches are expected to par
ticipate. Rabbi Morris New^eld, as
president ol' the congress, will preside
at this meeting. It is understood that
* Dr. Edmonds' address will concern
•Religion Involved in Social Service.’
> “From Monday morning until
I Wednesday noon the meetings will be
held at the Tutwiler hotel, commenc
ing at 9.30 a. in. Recent legislation
} in child labor, juvenile courts, lural
credits and ideals of labor legislation
. will be some of the very interesting
subjects at Monday’s conference. Tues
day will be chiefly devoted to health
as a community interest. Among other
f speakers Mr. Carl W. Thompson of
Washington, Mr. John Ihlcler of New
» York and a representative of the ma
rine hospital service are expected to
speak. Wednesday afternoon will be
given to a trip through the city, to
visit representative social institutions.
. Wednesday morning the governing of
5 Alabama municipalities along progres
sive lines will be considered.”
Montgomery Rabbi to Speak Here
Dr. B. C. Ehrenreich of Montgomery
will speak this evening at 8:30 o’clock
at Knesseth Israel synagogue ai
Seventh avenue and Seventeenth street
’ under the auspices of the Tekwath Zion
society of Birmingham. Dr. Ehren
reich’s subject will be, “Back to Pal
estine.” The public is cordially Invited
. to attend. The Montgomery rabbi Is
known as a deep thinker and a force
ful and eloquent speaker, and a large
audience is expected to hear
—^ -.
REAL TRUTH ABOUT
GERMANY TOLD BY
AMERICA BANKER
No Possibility of Starving
Her Into Submission.
Trade Conditions
Normal
London, April 15.— (Correspondence
of the Associated Press.)—An Amer
ican banker who has just returned
from Berlin talked with a party of
English newspaper men on his arrival
in London. He gave them rather a
different idea of the state of affairs
ip Berlin than that conveyed by most
of the English newspaper comment. He
said:
“You English should not be deceived
by newspaper statements reaching you
from various continental points to the
effect that Germany Is on the brink of
starvation. I have just closed my house
in the fashionable residential part of
Berlin. My household budget was not
more than 25 per cent higher on March
10 than it was a year ago. Various
staple articles of food cost more—as
they do in London—but hardly one is
beyond the reach of the ordinary mid
dle class householder, or even of the
humbler classes. Everybody must have
a bread ticket and there Is no short
age of bread. My family of foui and
two servants never used the whole of
our tickets for the week. The potato
flour bread is only slightly less palat
able than the old-time wheaten loaf.
“At present no German is capable of
oven dreaming of the possibility of de
feat.
“I find also a vast amount of fool
ish misapprehension in England about
industrial conditions in Germany. Trade
does not seem to me to have been ma
terially dislocated. The shops appear
to have their regular flow of custom
ers. The coffee houses, the restaur
ants, the theatres, the concert halls,
the picture palaces and other estab
lishments dependent oi* public patron
age seem to be doing as well as eight
months ago. The coffee houses which
have cabarets are always crammed.
“is it generally understood here that
Germany is at the moment short of
artisan labor? Unemployment Is almost
.nonexistent. Wages are high. A skilled
man who used to get only $1 or $1.25
a day can now earn $2.5*0 or $2. Ev
erything connected with the output of
munitions is working at utmost capac
ity day and night, Sundays and holi
days, wthout cessation. New factories
have sprung up like mushrooms to pro
duce goods heretofore imported into
Germany.
“A German friend of mine who used
to make furniture and found his busi
ness temporarily shelved by the war,
is now making shrapnel, employing
women and girls in place of the men
who have gone to the front.
“Tt is also wrong lo conclude, as T
sometimes read in the English news
papers, that Germany is so near the
dregs of her resources that boys of 15
are being dragooned into the army.
Nothing of the sort. A German lad of
my acquaintance, a fine athletic fel
low of 18, has not been summoned, al
though he is ready to volunteer. They
do not need him.
“In short, to the casual observer,
there is no outward sign that Germany
is on the verge of a famine in either
men, provisions, munitions or money.
The plentifulness of money is almost
the only ‘bluff’ that Germany is put
ting up. The money so ’plentifully'
in circulation is paper currency of
value as low as 25 cents, flowing from
the imperial treasury like water.
“The Germans, in my Judgment,
thanks to far-sighted precautionary
measures and natural frugality, can
never be starved into surrender. They
can he inconvenienced—they are now—
but that is a different thing.”
Tomorrow Is Legal Holiday
Tomorrow being Memorial Day, the
Birmingham postoffice will be closed
except from 7 to 10 o'clock in the
morning. Th&re will be two deliveries
in the business section and one in the
residential section of the city. As Me
morial Day is a legal holiday, all banks
that are members of the Birmingham
clearing house will be closed.
[ Loveman, Joseph & Loeb |
Flower sale Monday
Cape Jasmine, in pots,
each 50c
Moon Vines 6c
Sweet William, per doz. 75c
Petunias, single, per doz. 40c
Geraniums, varigated, red,
pink, white and rose,
dozen 1.00
Coleus, per dozen 40c
Salvia, per dozen 36c
Asters, three colors, doz. 40c
Vinca, per dozen 1.00
Wandering Jew, per doz. 40c
Verbena, per dozen 40c
Ageratum, per dozen 40c
Anthericum, per dozen 60c
Begonias, per dozen 1.00
Boston Ferns, in pots 39c
Boston Ferns, medium 10c
Spengari 10c
Asparagus Plumosus 10c
Baskets, Hanging 50c
Baskets, Hanging 1.25
Heliotropd, per dozen 1.00
Shasta Daisy, per dozen 40c
Dusty Miller, per dozen 40c
Night Blooming Jasmine,
each 10c
Pansies, per dozen 20c
Snap Dragon, per dozen 1.00
Lantana, per dozen 1.00
Cigar Plant, per dozen 1.00
Chrysanthemums, doz. 1.00
Lemon Verbena, dozen 1.00
Fuchsias, per dozen 1.00
Sultana, per dozen • 1.00
Boston Ferns 25c
(4th Floor)
LovemanJUfeph §, Loeb
In Ordering Good* Plenne Wwitlon T1IK ACE-HEHALP
Labor Law Sustained By Facts
By ABRAM I. ELKUS
a state has upheld the constitutionality of
a law against night work for women in
factories. How this decision came to be
rendered Is told by Mr. Elkus, who gave
his services for three years as counsel
for the factory investigating commission
in New York state.
(Exclusive Service The Survey Press
Bureau.)
“Surely it is a matter of vital impor
tance to the state that the health of
thousands of w'omen working in factories
should be protected and safeguarded from
any drain which can reasonably be avoid
ed, this not only for their own sakes,
but. as is and ought to be constantly and
legitimately emphasized, for the suke of
the children whom a great majority of
them will be called upon to bear and who
will almost inevitably display In their
deficiencies, the unfortunate inheritance
conferred upon them by physlc2My broken
down mothers.'*
Tills sentence is taken from the recent
unanimous opinion of the New York
court of appeals declaring constitutional
the statute forbidding night work for
wom#n in factories.
Contrasting Decisions
The decision is interesting in contrast
with the opinion of the same court in
the Williams case, decided eight years ago,
when the court said:
“An adult female is not to be regarded
as a ward of the state, nor in any other
light than the man is regarded when the
question relates to the business pursuit
or calling.”
Then the court declared the statute un
constitutional because it deprived adult
women of the liberty of contract guaran
teed them by the state and federal con
stitution. Now this same court declares
a similar statute constitutional.
This changed attitude of the court of
appeals on one of the most important
subjects of social legislation may be ac
counted for in three ways:
1. The presentation of facts accurately
and scientifically guthored. Matters of
common knowledge and of other legisla
tion to wh|ch the court's attention was
specifically and carefully called upon the
subject of night work for women.
2. The selection of a real and fair test
case, and its proper preparation.
3. The changed attitude of the people
generally and of the courts on all mat
ters of this nature.
It is of interestw to trace the facts
leading up to the enactment of this sec
ond night work law' and the proceedings
to test its constitutionality.
Facts About Night Work
First, as to the investigation. Short
ly after the New York state factory
investigating commission was ap
pointed in 1911, its attention wns called
lo the evil conditions caused by night
work of women in factories. The
Williams case, however, was cited as
» bar to all remedial legislation upon
that subject. But the commission de
termined to obtain the real facts.
An investigation was accordingy
undertaken. After drawing attention
to the conditions discovered, the com
mission recommended that a statute be
enacted prohibiting the night work
of women. This bill became a law by
unanimous action of the legislature.
In the court of appeals, Judge Hotch
kiss. speaking of this investigation,
6ald:
“Thus at the time when this statute
was adopted, there was before the
legislature the report of the commis
sion created by it, based on actual facts
and actual investigation, a large
volume of expert and medical opinion
and a large number of statutes adopted
in various Jurisdictions.”
It will thus be seen how important
it is. in order to sustain the constl
serve as a basis for legislation, be
carefully and accurately ascertained.
When those facts are obtained, if they
justify the legislation, the courts will
not be slow to find the legislation valid
as they have done in this case.
Upon the argument of the latter case
attention was strenuously called to the
earlier Williams case to the effect that
the Williams decision was conclusive
of the unconstitutionality of the
present statute. The court of appeals
answers this argument directly and
clearly by calling attention to the
lack of evidence in the earlier case
of the opinion, which has since been
created and which has spread during
the past seven or eight years, that:
night work for women is injurious.
A Fair Case and Public Opinion
Second, this was a real test case: tho
woman selected was not one who was
working a few minutes or a sliost time
after the closing hour, but a woman who
worked all night long and did so regu
larly.
Too often test cases of this kind, which
involve the constitutionality of a statute,
are lost because the case which* is actu
ally presented to tho court does not fair
ly present the real evil which the statute
seeks to abolish.
Third, as to the change in the trend of
public opinion. The court significantly
states that even if it should be, there
has also been a great change in public
sentiment and public ponton based upon
these facts which could not have been
shown when the earlier statute was under
consideration.
The past two decades have witnessed a
marked change in social and economic
needs. There is greater strain in indus
try. Speeding up and high tension, due
to complicated machinery and subdivision
of work, particularly In industries in
which women are employed, exist now
as never before.
This apparent reversal of decision and
the entire history of the night work
case show the necessity for presenting
the complete facts to the court where the
constitutionality of a statute, wiiich is
based upon the exercise of police power,
is under consideration. Too often are
the courts blamed, without reason, be
cause they have decided that a statute
does not properly come within the exer
cise of the police power, when a careful
examination would show' that the facts
upon which the court might properly
base its decision have never been pre
sented. Too often no real attempt waa
made to gather facts for presentation.
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