Chicago, August, 1912
Our prime concern is that in dealing with the fundamental law of the land, and assuming finally to interpret it and therefore finally to make it, the acts of the courts should be subject to and not above the final control of the people as a whole. I deny that the American people have surrendered to any set of men, no matter what their position or their character, the final right to determine those fundamental questions upon which free self-government ultimately depends. The people themselves must be the ultimate makers of their own constitution, and where their agents differ in their interpretations of the constitution, the people themselves should be given the chance, after full and deliberate judgment, authoritatively to settle what interpretation it is that their representatives shall thereafter adopt as binding. We do not question the general honesty of the courts, but in applying to present-day social conditions the general prohibitions that were intended originally as safeguards to the citizen against the arbitrary power of government in the hands of caste and privilege, these prohibitions have been turned by the courts from safeguards against political and social privilege into barriers against political and social justice and advancement. Our purpose is not to impugn the courts, but to emancipate them from a position where they stand in the way of social justice, and to emancipate the people in an orderly way from the inequity of enforced submission to a doctrine which would turn constitutional provisions, which were intended to favor social justice and advancement, into prohibitions against such justice and advancement.
In the last twenty years an increasing percentage of our people have come to depend on industry for their livelihood, so that today the wage-workers in industry rank in importance side by side to the tillers of the soil. As a people, we cannot afford to let any group of citizens or any individual citizen, live or labor under conditions which are injurious to the common welfare. Industry, therefore, must submit to such public regulation as will make it a means of life and health, not of death or inefficiency. We must protect the crushable elements at the base of our present industrial structure. We stand for a living wage. Wages are subnormal if they fail to provide a living for those who devote their time and energy to industrial occupations. The monetary equivalent of a living wage varies according to local conditions, but must include enough to secure the elements of a normal standard of living--a standard high enough to make morality possible, to provide for education and recreation, to care for immature members of the family, to maintain the family during periods of sickness, and to permit a reasonable savings for old age. Hours are excessive if they fail to afford the worker sufficient time to recuperate and return to his work thoroughly refreshed. We hold that the night labor of women and children is abnormal and should be prohibited; we hold that the employment of women over forty-eight hours per week is abnormal and should be prohibited. We hold the seven-day working week is abnormal, and we hold that one day of rest in seven should be provided by law. We hold that the continuous industries, operating twenty-four hours out of twenty-four, are abnormal, and where, because of public necessity or for technical reasons (such as molten metal), the twenty-four hours must be divided into two shifts of twelve hours or three shifts of eight, they should by law be divided into three of eight.