Mr. Henry W. Hill, of Buffalo, N. Y. (Mr. Dean R. Hill, of Buffalo, N. Y., of counsel), for plaintiff in error.

Messrs. Walter F. Hofheims, of Buffalo, N. Y., and Irving I. Goldsmith, of Saratoga Springs, N. Y., for the People of the State of New York. [264 U.S. 292, 293]

Mr. Justice SUTHERLAND delivered the opinion of the Court.

Plaintiff in error was convicted in the City Court of Buffalo upon the charge of having violated the provisions of a statute of the state of New York, prohibiting the employment of women in restaurants in cities of the first and second class, between the hours of 10 oclock at night and 6 oclock in the morning. Laws of New York, 1917, c. 535, p. 1564.1

An appeal was prosecuted through intermediate appellate courts to the Court of Appeals, where the judgment was affirmed without an opinion. The record having been remitted to the City Court, the writ of error was allowed to that court. Aldrich v. AEtna Co., 8 Wall. 491, 495; Hodges v. Snyder, 261 U.S. 600, 601, 43 S. Sup. Ct. 435.

The validity of the statute is challenged upon the gr