A state is entitled to prohibit the employment of persons of
tender years in dangerous occupations, and, in order to make the
prohibition effective, it may compel employers, at their peril, to
ascertain whether their employees are in fact below the age
specified.
Absolute requirements as to ascertaining age of employees of
tender years are a proper exercise of the protective power of
government, and if the legislation has reasonable relation to the
purpose which the state is entitled to effect, it is not an
unconstitutional deprivation of liberty or property without due
process of law.
A classification in employment of labor of persons below sixteen
years of age is reasonable, and does not deny equal protection of
the laws. The provisions of the Child Labor Act of Illinois of 1903
involved in this case are not unconstitutional as denying due
process of law, as
Page 231 U. S. 321
depriving the employer of liberty of contract, or of his
property by requiring him at his peril to ascertain the age of the
person employed, or as denying him the equal protection of the
law.
250 Ill. 303 affirmed.
The facts, which involve the constitutionality under the
Fourteenth Amendment of the Illinois Child Labor Act of 1903, are
stated in the opinion.
Page 231 U. S. 324
MR. JUSTICE HUGHES delivered the opinion of the Court.
The Sturges & Burn Manufacturing Company is a corporation
engaged in manufacturing tinware and other metal products. It
employed Arthur Beauchamp, the defendant in error, who was under
sixteen years of age, as a press hand to operate a punch press used
in stamping sheet metal. Beauchamp was injured in operating the
press, and brought an action through his next friend in the
Superior Court of Cook County to recover the damages sustained,
counting on the statute of Illinois, passed in 1903 (Laws of 1903,
p. 187, Hurd's Stat. 1909, p. 1082), which, by § 11,
prohibited the employment of children under the age of sixteen
years in various hazardous occupations, including that in which the
injury occurred. The trial court, refusing to direct a verdict for
the defendant, instructed the jury that, if the plaintiff was in
fact less than sixteen years old, and, when injured,
Page 231 U. S. 325
was employed by the defendant upon a stamping machine, the
defendant was guilty of a violation of the statute, and the
plaintiff was entitled to recover. A verdict was rendered for the
plaintiff, and judgment thereon was affirmed by the supreme court
of the state. 250 Ill. 303. The case comes here on error.
The plaintiff in error complains of the ruling that a violation
of the statute gives a right of action to the employee in case of
his injury, but this is a question of state law with which we are
not concerned.
The federal question presented is whether the statute, as
construed by the state court, contravenes the Fourteenth Amendment.
It cannot be doubted that the state was entitled to prohibit the
employment of persons of tender years in dangerous occupations.
Holden v. Hardy, 169 U. S. 366,
169 U. S.
392-395;
Jacobson v. Massachusetts,
197 U. S. 11,
197 U. S. 31;
Muller v. Oregon, 208 U. S. 412,
208 U. S. 421;
Chicago, Burlington & Quincy R. Co. v. McGuire,
219 U. S. 549,
219 U. S.
568-569. It is urged that the plaintiff in error was not
permitted to defend upon the ground that it acted in good faith
relying upon the representation made by Beauchamp that he was over
sixteen. It is said that, being over fourteen, he at least had
attained the age at which he should have been treated as
responsible for his statements. But, as it was competent for the
state, in securing the safety of the young, to prohibit such
employment altogether, it could select means appropriate to make
its prohibition effective, and could compel employers, at their
peril, to ascertain whether those they employed were in fact under
the age specified. The imposition of absolute requirements of this
sort is a familiar exercise of the protective power of government.
Reg. v. Prince, L.R. 2 C.C. 154;
People v.
Werner, 174 N.Y. 132;
Ulrich v. Commonwealth, 6 Bush,
400;
State v. Heck, 23 Minn. 549;
State v.
Hartfiel, 24 Wis. 60;
State v. Tomasi, 67
Page 231 U. S. 326
Vt. 312, 31 A. 780;
Commonwealth v. Green, 163 Mass.
103; 3 Greenleaf on Evidence § 21; 30 Am.Rep. 617-620, note.
And where, as here, such legislation has reasonable relation to a
purpose which the state was entitled to effect, it is not open to
constitutional objection as a deprivation of liberty or property
without due process of law.
Shevlin-Carpenter Co. v.
Minnesota, 218 U. S. 57,
218 U. S.
70.
It is also contended that the statute denied to the plaintiff in
error the equal protection of the laws, but the classification it
established was clearly within the legislative power.
Heath
& Milligan Co. v. Worst, 207 U. S. 338,
207 U. S. 354;
Louisville & Nashville R. Co. v. Melton, 218 U. S.
36,
218 U. S. 54;
Lindsley v. National Carbonic Gas Co., 220 U. S.
61,
220 U. S. 78;
Mutual Loan Co. v. Martell, 222 U.
S. 225,
222 U. S.
236.
The judgment is
Affirmed.