Lochner v. New York · ¶13

This case has caused much diversity'of opinion in the state courts. In the Supreme Court two of the five judges composing the Appellate Division dissented from the judgment affirming the validity of the act. In the Court of Appeals three of the seven judges also dissented from, the judgment upholding the statute. Although found in what is called a labor law of the State, the Court of Appeals has upheld the act-as one relating to the public health — in other words, as a health law. One of the judges of the Court of Appeals, in upholding the law, stated that, in his opinion, the regulation in question could not be sustained unless, they were able to say,.from common knowledge, that working in a bakery and candy factory was an unhealthy employment. The judge held that, while the evidence was not uniform, it still led him'to the conclusion that the occupation of a baker or confectioner was…

U. S. Reports, bound volume
U. S. Reports, volume 198, at 45 (Library of Congress) · transcription: Caselaw Access Project
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