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WARSHAFSKY v. THE JOURNAL CO.

No. 273.

63 Wis.2d 130 (1974)

216 N.W.2d 197

WARSHAFSKY, by Guardian ad litem, and another, Respondents, v. THE JOURNAL COMPANY and another, Appellants.

Supreme Court of Wisconsin.

Decided April 2, 1974.

Attorney(s) appearing for the Case

For the appellants there were briefs by James P. Brody, Robert A. Christensen and Foley & Lardner, all of Milwaukee, attorneys for The Journal Company; and Robert W. Warren, attorney general, and Gordon Samuelsen, assistant attorney general, attorneys for the Department of Industry, Labor & Human Relations; and oral argument by Mr. Christensen for The Journal Company, and Mr. Samuelsen for the Department of Industry, Labor & Human Relations.

For the respondents there was a brief by Warshafsky, Rotter & Tarnoff, S. C., attorneys, and Alan E. Gesler of counsel, all of Milwaukee, and oral argument by Mr. Gesler.

HANLEY, J.

The following issues arise on appeal:

1. Is sec. 103.23, Stats., violative of the equal protection clause of the fourteenth amendment of the United States Constitution?

2. Is sec. 103.23, Stats., in conflict with Title VII of the Civil Rights Act of 1964 and thus superseded by Title VII by virtue of the supremacy clause?

Child labor laws such as sec. 103.23, Stats., had their advent in the late 19th and early 20th Centuries.

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