Bunting v. State of Oregon
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP OREGON. The case is stated in the opinion. When dealing with subjects which do not affect the public generally, legislation restricting private activities and the enjoyment of private property must be plainly necessary before it can be upheld under the police power. Hannibal & St. Joseph Ry.
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ERROR TO THE SUPREME COURT OP THE STATE OP OREGON. The case is stated in the opinion. When dealing with subjects which do not affect the public generally, legislation restricting private activities and the enjoyment of private property must be plainly necessary before it can be upheld under the police power. Hannibal & St. Joseph Ry. Co. v. Husen, 95 U. S. 465. It belongs to the judiciary to determine what are the proper subjects for the exercise of the police power and when the legislative discretion is reasonably employed. Ruhstrat v. People, 185 Illinois, 133; Holden v. Hardy, 169 U. S.…
1Opinion of the CourtJustice McKenna
Indictment charging a violation of a statute of the State of Oregon, § 2 of which provides as follows:
“No person shall be employed in any mill, factory or manufacturing establishment in this State more than ten hours in any one day, except watchmen and employees when engaged in making necessary repairs, or in case of emergency, where life or property is in imminent danger; provided, however, employees may work overtime not to exceed three hours in any one day, conditioned that payment be made for said overtime at the rate of time and one-half of the regular wage.”
A violation of the act is…
2Cases cited2 opinions
- Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
- Coppage v. KansasSupreme Court of the United States · 1915
3Cited by10 opinions
- Bunting v. OregonSupreme Court of the United States · 1917
- State Ex Rel. O'Connell v. SlavinWashington Supreme Court · 1969
- Amodio v. Board of Commissioners of West New YorkSupreme Court of New Jersey · 1945
- Mascari v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America Local Union No. 667Tennessee Supreme Court · 1948
- State Ex Rel. Hughes v. ClevelandNew Mexico Supreme Court · 1943
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