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This Thesis/Project/Dissertation Has Been Reviewed for 508 Compliance This thesis/project/dissertation has been reviewed for 508 compliance. To request enhancements, please email [email protected]. THE STRENGTH AND VIGOR OF THE RACE: CALIFORNIA LABOR LAW AND RACE PRESERVATION IN THE PROGRESSIVE ERA Thomas William O'Donnell B.A., University of California, Berkeley 1999 THESIS Submitted in partial satisfaction of the requirements for the degree of MASTER OF ARTS 1ll HISTORY at CALIFORNIA STATE UNIVERSITY, SACRAMENTO SPRING 2009 THE STRENGTH AND VIGOR OF THE RACE: CALIFORNIA LABOR LAW AND RACE PRESERVATION IN THE PROGRESSIVE ERA A Thesis by Thomas William O'Donnell Dm,QY.ed....-.<.i.~------~ '-------..,0::--------,--..~=="""""'--'' Committee Chair RI oecca M. Kluchin, P .D. '---=====-.~~=i=!-------' Second Reader Charles Postel, Ph.D. ~ /fJ"'/oq Date· 1 11 Student: Thomas William O'Donnell I certify that this student has met the requirements for fonnat contained in the University fonnat manual, and that this thesis is suitable for shelving in the Library and credit is to be awarded for the thesis . "..-==~--=====:~!!:::::= ~ 'Graduate Coordinator ,Aa,,t,£-- {,/ ~ -Mona Siegel, Ph.D.CJ Date --r- Department of History 111 Abstract of THE STRENGTH AND VIGOR OF THE RACE: CALIFORNIA LABOR LAW AND RACE PRESERVATION IN THE PROGRESSIVE ERA by Thomas William O'Donnell In 1911, California's Progressive legislature passed an act that limited a woman's working day in certain occupations to eight hours. The courts upheld the California Woman's Eight­ hour Bill on the grounds that a woman's role as the mother of succeeding generations was an objective of central importance to the state, which therefore justified a restriction of her employment. To protect the "strength and vigor of the race," court opinions and supporters of labor laws for women articulated a justification that was influenced by and used the lan­ guage of the eugenics movement. The emphasis eugenicists placed on the meaning of motherhood and regulating reproduction, the importance ofracial progress, and a belief that an unhealthy environment could have negative hereditary consequences were central ideas in the debate over restrictive labor legislation for women. - .........--- - - ~-----~' Committee Chair cca M. Kluchin, Ph.D. 5/s/a"t Date lV ACKNOWLEDGMENTS Over the past two years-which to my mind has all been in preparation for the completion . ofthis project-I have received the support, encouragement, and guidance ofmany people. Professor Erika Gasser has been my teaching mentor for nearly as long as I have been at Sacramento State. She has provided twice-weekly reminders of why I am pursuing a graduate degree. Fellow graduate students Jordan Biro and Chelsea Del Rio have read or listened to almost every crazy idea that went into this project and always found something they liked and of­ fered suggestions for what they did not. There was no one else I could count to reply to an e-mail at all hours ofthe day about an impending breakdown with humor and perspective. The unfailing support ofmy family and my wife's family to help watch two young children while I locked myself away for days at a time was always offered before it was asked. They never expressed a moment's doubt and they have cheered, prayed for, and sustained me every step of the way. There are two people that deserve special recognition above all others: my advisor, Dr. Rebecca Kluchin and my wife, Julie O'Donnell. Nothing was possible without them. Before I had even sat in a classroom Becky offered guidance that has profoundly shaped my approach to history and graduate study. Her uncompromising expectations provided the environment that has made me a stronger writer and a better historian. Her example is one that I might never equal, but because of her it is one that I will never stop trying to match. My wife has been my partner for seventeen years. The desire to deserve her affection inspires every effort I make to be successful. "All you need is love." My success reflects little more than the support that made it possible. Vl TABLE OF CONTENTS Page Dedication ..................................................................................................................... v Acknowledgments....................................................................................................... vi List of Tables ............................................................................................................ viii List of Figures .................. .-.......................................................................................... ix Chapter 1. INTRODUCTION ................................................................................................. 1 2. PROGRESSIVISM AND EUGENICS ................................................................. 6 Industry and Labor Law in the Progressive Era .............................................. 10 Eugenic Solutions ........................................................................................... 14 3. EUGENICS AND LABOR LAW ....................................................................... 41 Shared Cultural Values ................................................................................... 43 Workers and Eugenics .................................................................................... 49 Eugenic Philosophies in Labor Law ............................................................... 57 4. THE CALIFORNIA WOMAN'S EIGHT-HOUR LAW .................................... 67 Hours Laws and Race Preservation before 1915 ............................................ 67 The California Woman's Eight-hour Law and Case ....................................... 78 5. CONCLUSION.................................................................................................... 89 Bibliography ............................................................................................................... 91 Vll LIST OF TABLES Page 1. Operations for Eugenic Sterilization Performed in State Institutions ............... 29 Vlll LIST OF FIGURES Page 1. The Distribution of Genius and Feeblemindedness .......................................... 51 2. Ward's Revised Population Distribution .......................................................... 52 3. Alexander Graham Bell's Makeup of the Human Race .................................... 53 lX 1 Chapter 1 INTRODUCTION On the evening of February 16, 1911, at a packed hearing before the California Senate's Committee on Labor, Capital and Immigration, Mrs. Hannah Nolan testified that long working hours for women was ''the greatest evil-doer to woman's health and is directly responsible for race suicide." Nolan spoke from her sixteen years of personal experience as a laundry worker that began at the age of fourteen. As the Senate committee took up the debate on a proposed eight-hour labor law for women, she and other working girls rallied to its support. A front-page account of the proceedings in The Sacramento Bee the following day summarized the purpose of the measure according to its supporters as "preserving the health ofthe future mothers ofthe race in California."1 The California Woman's Eight-hour Labor Law, passed that year by the state's newly elected Progressive legislature, was upheld by the ·united States Supreme Court in 1915 as a legitimate means to protect the reproductive health of women. A woman's role as the mother of succeeding generations became a subject of central importance to the supporters of labor reform during the Progressive Era. That justification was consonant with arguments made by the eugenics movement that enjoyed widespread support and application in the early twentieth century. Eugenicists advocated the practice of regulating fertility and applying the laws of heredity to check racial degeneration and to breed a nation of citizens suited to the challenges ofmodem civilization. This thesis argues that those principles of eugenics, which emphasized 1 "Women ask for short hours," The Sacramento Bee, February 17, 1911. 2 the fitness of mothers, influenced and justified labor laws that restricted a woman's freedom ofcontract. Labor and gender historians have typically explained the legislative and judicial support of women's labor laws with a variety of political, economic, social, and biological arguments. Judith Baer, points to each one of those categories in varying degrees in her feminist-inspired book from 1979, The Chains ofProtection.2 Likewise, Theda Skocpol in her work, Protecting Soldiers and Mothers, and Alice Kessler-Harris in Out to Work, as well as most ofthe existing scholarship, describes the circumstances ofwomen's labor legislation that emphasize one or more ofthese basic factors. 3 Political explanations point to government intervention on behalf of women workers due to the difficulties they faced organizing into unions, which were instnmental in negotiating improved working conditions for male members, or the handicaps that accompanied their inability to vote. It has also been suggested that the courts' resistance to laws that protected male workers, in the name of contract liberty, convinced legislators that only laws which covered women would pass judicial scrutiny. Economic arguments explain the laws as attempts (supported primarily by unions) to undercut the competition of women for jobs by limiting their appeal to employers due to the laws' constraints or, conversely, win 2 Judith A. Baer, The Chains ofProtection: The Judicial Response to Women's Labor Legislation (Westport: Greenwood Press, 1978),
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