The labor world. [volume] (Duluth, Minn.) 1896-current, 1912-03-30
HOW STATE CAN FIX WAGES BY LAW

AAO" 04<AAG VkAN FIX WAVES BY LAW.
The movement inaugurated by the working
passage OF law that will compel every employer
OF labor in Minnesota to pay his male employees a
minimum wage of So. so per day may not be so far
fetched as it would at first SEEM
In last weeks issue ediscussed the attitude
OF the courts in deciding upon the constiutionality
OF Jaws e1tectlng the socaled contractual relations
OF employers and employees There is no doubt but
that the decisions of the courts have been barrier
against the successful passage of legislation de-
signed to promote the social welfare of the work
ing classes.
And yet in not few instances the courts have
reversed their former position when it could be
SHOWN to them that particular labor law was en-
acted by the legislature to guard the health of
the laborers and when they have done this the
question OF contractual rights has been given but
secondary consideration
The United States supreme court had held for
years that any law limiting the hours of labor for
female workers an interference with woman $
right to contract It declared that woman enioved
the same right as man to work as many hours as
she saw it, Because the courts entertained this
view every attempt in the United States to pass a
law protecting the female wage Garner from long
hours OF labor was frustrated
Later the daring state Of Oregon, evidently un.
1nnd1ul OF the long assumed attitude of American
courts enacted law limiting the hours of labor for
all FEMALES In mercantile institutions, work shops
lactcrles and mechanical establishments to So honrs
week. Employers of female labor feeling secure
IN the courts, made attempt to defeat the bill.
and 1t became law. It violated, an arrest fol-
loWed; It's validity attacked, and strange to saw
the district court upheld the law The state court
did likewise
Ihe employer depended upon the United States
supreme court to finally protect him in his right to
contract with his female employees and to en-
Poy them Tor as many hours each day as he wished
inns court had on previous occasions so held. and
there was every reason for him to believe it would
do so again.
However, he was mistaken. A new order of
thought came to the great court 1t was brought by
Louis Brandels OF Boston, now famous as an advo-
cate OF social justice He showed, not by previous
judicial decisions, for there were none but bv the
highest medical authorities in all the world the
weakening effect OF long hours Of labor upon wom
en-, bOOO,OOO OF whom are now employed in America
He declared that the women wage earners of todav
"ould be the mothers of tomorrow, and that the
future security and well-being of the nation de-
pended upon It's strong men and women
:, Ihls line OF reasoning was new to the old fos-
Sis on the supreme bench. It was approaching the
sreat social problem from an entirely new ronte
Inc logic OF the claim evidently appealed to the
Judgment Of the court, for it forthwith upset all
precedent and held that the Oregon law was valid.
ana It was within the police power of state to
enact laws to conserve the health of it's people, even
IL such laws restricted the hours of labor Of women
III industry and abridged the right of contract.
In the great fight being made by society
against tuberculosis it has been found that living
wage IS absolutely necessary to enable working
man to live properly and to supply himself with
strength to fight off disease. A living wage is
necessary to the female wage Garner for her moral
and physical protection.
For it's present and future security whv shou]d
1t not be within the power of the state to enact
law prohibiting the employment of any wage earn
er at less than living wage? When legislatures
begin to look at the question from the standpoint
OF public health and public welfare, the courts will
not be long in following after them. The DOGGY
right OF contract" theme will then be relocated to
its proper place, and some real progress towards
social Justice through governments will be possible
Who will join in the movement to hasten the
day when this view will be taken?