Charles Evans Hughes

“ If the conclusion be reached, as we think it must be, that the legislature could properly include hotels in its classification, the question whether the act must be deemed to be invalid because of its omission of women employed in certain other lines of business is substantially the same as that presented in Hawley v. Walker, supra. There, the statute excepted 'canneries or establishments engaged in preparing for use perishable goods;' and it was asked in that case, on behalf of the owner of a millinery establishment, why the act should omit mercantile establishments and hotels. ”

“ Nor, with respect to liberty of contract, are we able to perceive any reason upon which the state's power thus to limit hours may be upheld with respect to women in a millinery establishment, and denied as to a chambermaid in a hotel. ”

“ The hours of work may be so arranged as to permit the employment of females at any time so that they shall not work more than eight hours during the twenty-four hours of one day, or forty-eight hours during any one week ”

“ Frequently such groupings may be made with respect to the general nature of the business in which the work is performed; and, where a distinction based on the nature of the business is not an unreasonable one, considered in its general application, the classification is not to be condemned. ”

“ The two sexes differ in structure of body, in the functions to be performed by each, in the amount of physical strength, in the capacity for long-continued labor, particularly when done standing, the influence of vigorous health upon the future well-being of the race, the self-reliance which enables one to assert full rights, and in the capacity to maintain the struggle for subsistence.' In Riley v. ”

“ Hotels, as a class, are distinct establishments not only in their relative size, but in the fact that they maintain a special organization to supply a distinct and exacting service. They are adapted to the needs of strangers and travelers who are served indiscriminately. As the state court pointed out, the women employees in hotels are, for the most part, chambermaids and waitresses ”

“ The decision was based upon considerations relating to woman's physical structure, her maternal functions, and the vital importance of her protection in order to preserve the strength and vigor of the race. 'She is properly placed in a class by herself,' said the court, 'and legislation designed for her protection may be sustained, even when like legislation is not necessary for men and could not be sustained. ”