Robert H. Jackson

“ No hard and fast rule will tell us what can be dispensed with in 'the production of goods.' All depends upon the detail with which that bare phrase is clothed. In the law of infants' liability, what are 'necessaries' may well vary with the environment to which the infant is exposed: climate and station in life and many other factors. ”

“ Armour and Company operates a soap factory in Chicago which produces goods for interstate commerce. It maintains a private fire-fighting force to supplement that provided by the city. The respondents were employed as fire fighters only, and otherwise had nothing to do with the production of goods. They were not night watchmen, a separate force being maintained for that purpose. They were not given access to the factory premises at night except by call or permission of the watchmen. ”

“ So, too, no hard and fast rule may be transposed from one industry to another to say what is necessary in 'the production of goods.' What is practically necessary to it will depend on its environment and position. A plant may be so built as to be an exceptional fire hazard, or it may be menaced by neighborhood. ”

“ To keep opinions within reasonable bounds precludes writing into them every limitation or variation which might be suggested by the circumstances of cases not before the Court. General expressions transposed to other facts are often misleading. ”

“ These and other cases, says petitioner, indicate that in applying the Act a distinction must be made between those processes or occupations which an employer finds advantageous in his own plan of production and those without which he could not practically produce at all. Present respondents, it contends, clearly fall within the former category because soap can be and in many other plants is produced without the kind of fire protection which these employees provide. ”

“ A single fixed weekly wage was paid to the men, regardless of the variation in hours per week spent on regular or on fire house duty, the schedule of shifts occasioning considerable variation in weekly time. ”

“ The overtime provisions of the Act, § 7, 52 Stat. 1063, 29 U.S.C. § 207, 29 U.S.C.A. § 207, apply only to those who are 'employees' and to 'employment' in excess of the specified hours; § 3 (g) , 29 U.S.C. § 203 (g) , 29 U.S.C.A. § 203 (g) , provides that "employ' includes to suffer or permit to work.'
Here, too, the employer interprets former opinions of the Court as limitations on the Act. ”

“ Without the department, insurance could not be obtained at any price except by employing enough watchmen to make hourly rounds; with it, only enough watchmen for rounds every two hours are needed. This saves twelve watchmen, or about $17,600 a year, and reduces insurance premiums by $1200 a year. ”

“ But we think the previous cases indicate clearly that respondents are within the Act. Kirschbaum v. Walling, supra (316 U.S. 517, 62 S.Ct. 1120, 86 L.Ed. 1638) , held that watchmen, as well as engineers, firemen, carpenters and others, were covered, because they contributed to 'the maintenance of a safe, habitable building' which was, in turn, necessary for the production of goods. ”