3 Pivotal Court Cases

Ritchie v. People (1895) & Ritchie v. Wayman (1910)

The Illinois Supreme Court held in Ritchie v. People (1895) that section 5 of the Illinois Factory and Workshop Inspection Statute, limiting to eight the number of hours women could work in factories, was unconstitutional, as violating the Fourteenth Amendment to the United States Constitution. The case was brought by the Illinois Manufacturers’ Association as a direct challenge to the operation of the Office of the Factory Inspector. As soon as the law was enacted, it was challenged. And the parties decided to bring the question of the constitutionality of the statute directly to the Supreme Court of Illinois.

The states’ authority to regulate private commercial enterprises on the justification of protecting the health of women and children was how the issue was framed. The Hearings and Briefs for this case document how women and children worked, and the conditions of the factories as they were found by Florence Kelley, the Chief Factory Inspector, and her staff. These Hearings and the testimony presented constituted the factual record which formed the basis of the appeal to the Supreme Court of Illinois.

The principle established in Ritchie I remained in effect until the United States Supreme Court decided in favor of the National Consumers’ League in the Muller v. Oregon decision, handed down February 24, 1908. At that time Florence Kelley was the Secretary of the National Consumers’ League.

After the United States Supreme Court decision in Muller v. Oregon, Louis Brandeis, the attorney for the National Consumers’ League, argued before the Supreme Court of Illinois in a case challenging the constitutionality of a recently enacted Illinois ten hour statute, modeled exactly upon Oregon law upheld by the United States Supreme Court. That case, Ritchie v. Wayman, 91 N.E. 695 (1910) (Ritchie II) was decided in favor of upholding the constitutionality of the new Illinois ten hour law on April 21, 1910.

Fifteen years after the decision in Ritchie v. People in 1895, the case became a legal nullity, although the 1895 opinion was never explicitly overruled by either the United States Supreme Court or the Supreme Court of Illinois.

Muller v. Oregon (1908)

Muller v. Oregon is the United States Supreme Court case upholding the constitutionality of a state law in Oregon limiting to ten the hours women could work in laundries or mechanical establishments or factories. The case is relevant as a later development of the issues raised in the litigation challenging the constitutionality of the Factory and Workshop Inspection Statute in Illinois.

Muller v. Oregon basically invalidated the principle under which the Illinois Supreme Court held in Ritchie v. People (1895) that section 5 of the Illinois Factory and Workshop Inspection Statute, limiting to eight the number of hours women could work in factories, was unconstitutional, as violating the Fourteenth Amendment to the United States Constitution.

Arguing for the position that the Oregon ten hour law was constitutional was Louis D. Brandeis, pro bono on behalf of the National Consumers League, where Florence Kelley was at the time General Secretary. Between 1895 and 1908 there was considerable law and litigation in both the state and federal courts on the issue of the constitutionality of state and federal wages and hours legislation.

The states’ ability to regulate private commercial enterprises on the justification of protecting the health of women and children was how the issue was framed in Muller v. Oregon, although many other economic and political issues were explicitly and implicitly present in these cases.

Muller v. Oregon was the first case argued before the United States Supreme Court to rely upon what came to be known as a Brandeis Brief. The first Brandeis Brief, submitted to the United States Supreme Court in Muller v. Oregon, consisted of a detailed compendium of facts and legal background, legal history, prepared under a one month deadline by Florence Kelley and Josephine Goldmark, a colleague at the National Consumers’ League and the sister in law of Louis Brandeis.

The first Brandeis Brief was revolutionary for United States Supreme Court practice. After the victory for the National Consumers’ League in the Muller decision, handed down February 24, 1908, Louis Brandeis argued before the Supreme Court of Illinois in a case challenging the constitutionality of a recently enacted ten hour statute, modeled exactly upon Oregon law upheld by the United States Supreme Court. That case, Ritchie v. Wayman, 91 N.E. 695 (1910)(Ritchie II) was decided in favor of upholding the constitutionality of the new Illinois ten hour law on April 21, 1910.

Louis D. Brandeis was appointed Justice of the United States Supreme Court in February of 1916.

Next: Mayors and Aldermen

Bailey, Joseph M.

Joseph M. Bailey was born June 22, 1833 in Middlebury, NY. His parents were farmers, originally from New England. His grandmother was a descendent of a mate on the Mayflower, making Joseph of puritan decent. Joseph spent his entire childhood on his father’s farm, and attended the Academy of Wyoming County New York. He then studied at the University of Rochester and graduated with honors in 1854.

After graduating, Bailey chose to start a career in law. He entered the law offices of Ethan A. Hopkins in Rochester at the age of 21, and was admitted to the bar at 22. It was not long after his admission that he decided to move to Freeport, IL. In Freeport he opened up his own practice with F.W.S. Brawley and remained in business with Mr. Brawley until 1863. At this time he began to work with former Civil War Captain, James Neff.

Captain Neff and Bailey had a successful partnership together which last until 1877 when Bailey was elected to be a circuit court judge. Although the law allowed Bailey to continue his practice as a lawyer while serving as a circuit judge, Bailey chose to retire from his private practice. Bailey was re-elected as a circuit judge in 1879, and then again in 1885.

While Bailey served as a circuit court judge, the Illinois Supreme Court appointed him to also serve as an appellate judge for the first district. He was appointed on June 14th, 1879, and he served as an appellate and circuit court judge until the year 1888 when he was elected to the Illinois Supreme Court.

On the Supreme Court, Justice Bailey was known to be quite intimidating. His size (he weighed over 250 pounds) and his aggressive style made him a formidable debater. Justice Bailey’s adamancy about his own opinions caused him and his colleague Justice Benjamin Magruder to argue with each other with some frequency. However, despite Bailey’s aggression, he was also known to back down from a debate quite willingly if his opposition presented sufficient legal evidence. Bailey was not considered necessarily “bright,” although he reportedly made up for it with his passion and just-mindedness.

Bailey was quite active in politics as well. In 1867 he was elected as Republican congressmen to the Illinois legislature. He served only one term, but remained an active party member. For the 1876 Presidential Election, Bailey served as a Republican President Elector for the state of Illinois.

Prior to moving to Illinois, Justice Bailey had married Ann Olin in 1856. The couple had two children, a son and daughter. Bailey’s son Charles O. Bailey became a successful attorney, practicing law in New York.

Bailey was an active member of the Baptist church and quite a religious man. His wife also took part in religious activities and was involved in numerous charitable organizations in the community. Justice Bailey was a member of the Masonic Order and achieved the 33rd level of masonry – the highest level possible. He was also a Trustee of the University of Chicago, and frequently lectured at the University until his health started to fail.

Jospeh M. Bailey was found dead in his home on October 17th, 1895. His cause of death was attributed to possible heart failure as a result of his enormous size. At his funeral the remaining six members of the Illinois Supreme Court acted as honorary pallbearers and greatly mourned his early death. Joseph M. Bailey was 62 when he died.

Next: David J. Baker

Sources:

• “Contest for Supreme Judge.” Chicago Daily Tribune. March 30, 1888, p. 7. ProQuest Historical Newspapers Chicago Tribune (1849-1885). Northwestern University, Evanston, IL.
• “Judge J. M. Bailey Dead” Chicago Daily Tribune. Oct 17, 1895. p. 5. ProQuest Historical Newspapers Chicago Tribune (1849-1885). Northwestern University, Evanston, IL.
• “The Late Justice Bailey.” The Daily Inter Ocean. Oct 18, 1895. pg. 6; Issue 208; col A. 19th Century US Newspapers. Northwestern University, Evanston, IL.

Baker, David J.

David Jewett Baker was born on November 20, 1834 in Kaskaskia, Illinois. He received his early education in the area, and attended Shurtliff College in Upper Alton Illinois for his advanced education. In his academic work, Baker was known by his colleagues and professors to be exceptionally bright. He graduated with honors in 1854.

He chose to stay in Upper Alton to pursue a career in law, and studied in his father’s law offices, D.J. and H.S. Baker. On November 15, 1856 Baker was admitted to the Illinois Bar and moved to Cairo, Illinois.

In Cairo, Baker worked with a number of different law firms, and also concerned himself with the civic affairs of the city. He served one term as the City Attorney, and also one term as the city’s Mayor. In July 1864 Baker married Sarah Elizabeth White from Cairo. The couple had five children, three daughters, and two sons. One of Baker’s sons joined the military while the other went into legal practice with his father.

In his whole career, Baker spent nearly 28 years as a judge and represented 4 different districts. He was first elected to be a circuit court judge of the 19th district of Illinois in 1869. He was re-elected to this position in 1873, 1879, and again in 1885. In June of 1879 the Illinois Supreme Court appointed Baker to be an appellate judge for the 4th district. However, in 1882 the Supreme Court appointed him to serve in the same capacity as an appellate judge, this time for the 2nd judicial district.

In July in 1878 the death of Supreme Court Justice Sidney Bresse left a vacancy on the Supreme Court in the 1st district. Illinois Governor Collum chose to appoint Baker for the vacant position. This was significant at the time, because it was a rare occasion a Governor to be appointed a Supreme Court Justice; the majority of Supreme Court Judges received their positions through election.

Once appointed, Baker had to run for election in June of 1885. Baker was a Republican, and in this particular election the Illinois Democrats made considerable efforts against his campaign, yet he did win the election to the surprise of many. He was, however, voted out of office in the 1897 election and was replaced by Democratic Judge Boggs by a narrow margin of 150-200 votes.

After losing the 1897 election, Baker retired from serving as a Judge and returned to his private practice in Cairo with his son. He practiced at a number of firms including Mulkey & Baker, and Green & Baker. On Monday, March 13th, 1899, he was found dead in his law office. The cause of death was heart attack.

Next: Joseph M. Carter

Sources:

• “David J. Baker- Obituary.” Chicago Legal News, 31 (1898): 253. 19th Century Masterfile. Northwestern University, Evanston, IL.
• “Bogs Elected in First District.” Chicago Daily Tribune. June 15, 1897, p. 2. ProQuest Historical Newspapers Chicago Tribune (1872-1963). Northwestern University, Evanston, IL.

Bruce, Andrew

Andrew Bruce was born April 15th, 1866 in Nunda Drug, India. Although he would later reside in the United States, he was English by birth. Andrew’s father Edward Archibald Bruce, was a General in the British Army and stationed in India at the time of Andrew’s birth. Andrew first came to the United States at age 15, and would stay there for his education. As a young adult he enrolled in the University of Wisconsin and graduated in 1890 at the age of 24. After graduation he decided to pursue a career in law, and enrolled in the University of Wisconsin Law School.

He graduated from Wisconsin’s Law School in 1892 and received a job working as a secretary to the Wisconsin Supreme Court Justices. After only a year working as a secretary to the court, Bruce moved to Chicago to practice as an attorney. His first five years in Chicago were spent working for the state board of factory inspectors. It was during his work as an attorney in Chicago that Bruce fought in favor of workers’ rights in the Ritchie v. People case in 1895. Throughout Bruce’s career, he was an avid advocate of labor laws, specifically child labor, and Bruce helped establish sweat shop laws in Illinois and Wisconsin.

After his work for the board of factory inspection Bruce returned to Wisconsin in 1898 to work as Assistant Professor of Law at the University from which he had received his law degree just six years prior, and by 1902 he had become Full Professor. After serving some time as a Professor of Law at Wisconsin, Bruce decided to take on a more administrative role, and became the Dean of the College of Law at the University of North Dakota.

In 1911, he began to practice his legal expertise in a new manner altogether, and became an Assistant Judge to the North Dakota Supreme Court, and by 1916 he attained the position of Chief Justice. After three years, however, Bruce returned to academia and accepted a professorship at the University of Minnesota School of Law in 1919. Bruce returned to Chicago in 1922 and accepted a Professorship at Northwestern University School of Law; he would retain this position until his death.

In addition to his professional career as a practicing attorney, Professor of Law, and judge, Bruce used his legal expertise in other ways. He wrote several books on law, and frequently contributed to legal magazines, articles, and newspapers. He also served as a “Minute Man” during the First World War. In 1919, Bruce was appointed by the American Bar Association as a member of a committee which investigated the procedures of military courts-martial.

Bruce further applied his legal experience to the national arena serving as President of the American Institute of Criminal Law and Criminology. He was chairman of the Illinois Adjustment board for the National Recovery Act; later in October of 1933 he was appointed to the compliance board overseeing the National Recovery Act, and after a month, President Roosevelt appointed him as chairman to this board as well. That same month, Bruce became sick with a bronchial illness, from which he never fully recovered. On Dec. 6, 1934 after a week of particularly poor health, Andrew Bruce died at the age of 68.

Next: John W. Ela

Carter, Joseph M.

Joseph N. Carter was born in Hardin County Kentucky on March 3rd, 1843. Little is known of Carter’s early life; however sometime before the outbreak of the Civil War, Carter’s family moved to Illinois. During the war Carter served in the 70th Illinois Infantry as a private. He was only 19 at the time, and after the war ended Carter returned to school.

Carter received his college education from Illinois College in Jacksonville, IL. He graduated in 1866, and then went to the University of Michigan to receive his legal degree. He graduated from the University of Michigan in 1869. The same year he was admitted to the bar in Illinois, and chose to practice in Quincy, Illinois, which would be his home for the rest of his life.

In Quincy, Carter had a successful career as a lawyer but was also extremely involved in politics. In 1878, Carter was elected to the Illinois State Legislature. He sat on the legislature only until 1888; yet even in this amount of time, Carter was considered a possible candidate for Speaker of the House. He was, however, unable to secure another term in the legislature. In 1892 Carter he was nominated as a candidate for Lt. Governor for Illinois by the Adams County Republican party, but failed to receive the nomination at the state convention.

Carter finally found his political niche when he was elected to the Illinois Supreme Court in 1894 in an upset victory. Carter was nominated by the Republican Party for the 1894 Illinois Supreme Court to replace Judge Shope in the 4th judicial district. The 4th district had, however, a Democratic majority of almost 7,000 according to the most recent presidential election. Carter’s Democratic opponent in the election was also a seasoned circuit court judge, while Carter had no experience as a judge. Apparently motivated by his last political shortcomings, Carter ran a fierce campaign and won the election with a 4,000 vote majority.

Carter served on the Supreme Court until 1903, and served as Chief Justice in 1898. In the 1903 election Carter was defeated by the son of one his former colleagues. Justice Alfred M. Craig had served along side Carter from the time that Carter was elected until 1900, when Craig was voted out and replaced by a Republican rival. In the 1903 Alfred M. Craig’s son, Charles C. Craig ran against and defeated Carter.

Carter spent the last several years of his life almost completely paralyzed from a stroke. On February 6, 1913, Joseph N. Carter had a final stroke which ended his life. His wife and three children survived him.

Next: Orrin Nelson Carter

Sources:

• “Memorial Services for Judge Carter of the supreme court.” Chicago Legal News 46 (1913): 141. 19th Century Masterfile. Northwestern University, Evanston, IL.
• “Joseph N. Carter.” Chicago Legal News 27 (1886-1898): 143. 19th Century Masterfile. Northwestern University, Evanston, IL.