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The day book. (Chicago, Ill.) 1911-1917, December 13, 1911, Image 1


Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045487/1911-12-13/ed-1/seq-1/

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500 SO. PEORIA ST- 398
. Vol. 1, No. 66 Chicago, Wednesday, Dec. 13, 1911 ' , One Cent
Following His Decision on That Point, Municipal Judge
Imposes $25 Fine on City in Each Case Brought
. 'Against It. '
'Municipal Judge W. N. Gem-
hiill yesterday decided that the
provisions of the women's, ten
hour' law were applicable to
nurses in city Hospitals, and as
sessed a fine of $25 against-the
.municipality in eachxa'se brought
against it -by the sta'te. t -
Qnhe contention 'of the city
that-Tiu?sing was a.pr6fession,
r and not a trade or business, Judge
'Gennnill said:
"-The broad purpose ol the ten
hour law was to remove -from
women employed in any capacity
vthe burden anbV stress oflong and
wearisome hours of toil; the.de-
k leterious effect of which-is recog-
" nized everywhere. . Itjjwoulcl be
hard to conceive of more onerous,
wearisome and nerve-racking toil
than that of a nurse who is in con-
stant attendance upon the sick
and dying. It would seem rather
that not only- the health and well
being of the nurse, but alsa the
necessity for the best care of her
patient would make, it of the ut-
' most importance that the law lim
iting the hours of employment to
ten hours each" day should be ap
plied to hen"
Two points 'decided by Judge
Gemmill were considered of great
importance. One was that nurses
employ eel at "a stated salary do ndl
come under the class of profes
sional -occupations exempted by
the provisions of the' law, and the
other that the state -has the right
to prosecute a city criminally for
violating a law of the state.
Lawyers declared the decision
on the latter point established 'a
precedent. Attorneys represent
ing the city contended that as the
municipality is the agent of the
state in the operation of hospitals,
it was not iable to criminal prose
cu'tianbecaus'e this would in fact
mean the state was prosecuting
itself. ,
Judge Gemmill held that when
.the 'state granted the city powr
to erect, maintain and operate
hospitals, it necessarily meant
that the city must do so according
to,- the law of the state,, not onjy
'the law at the time the hospitals
, ,? , x.
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