The Knoxville independent. [volume] (Knoxville, Tenn.) 1894-current, 1917-05-12


States.
Two decisions Of greatest national
Importance were announced by the su-
nreme court of the United States on
April 8. The text is not yet at hand,
but it is possible nevertheless to some
extent to gauge their significance.
One ended the long suspense over the
status of minimum wage laws by
unfolding the constitutionality OF the
compulsory Oregon law, giving the well
fare commission power to fix minimum
wages for women.
The other gave new aspect to the
power Of state legislatures to regulate
hours of labor for adult men, power
that has been exceedingly questionable
since the supreme court twelve years
ago, in the famous case of Lochner
versus New York, declared unconstltu'
tional a law limiting the working day
of bakers in New York to ten hours.
The hours of labor case came before
the court in the form of an Oregon law
which limits the working hours Of male
employees in mills, factories and man.
ufacturing establishments to ten hours
in each twenty four. This is more
sweeping provision than any other leg
islation of similar character that has
ever come before the court. An eight
hour law for miners has been upheld
because the court believed mining to
| be an unhealthful occupation. A six
teen hour law applying to men in rail
way train service has been held to be
valid because such limitation has a
direct relation to public safety. But
! the ten hour law for bakers, in the
opinion Of the court as constituted IN
1905, had neither of these merits and
therefore was void, as an unwarranted
interference with freedom Of contract
That the court should now uphold 6
general ten hour law is evidence OF
significant change in judicial opinion
The Oregon law covers trades IN gen
eral regardless of special hazard eithe
to the public or to the employees. l
covers even bakeshops, which lively
years ago the court said specifically n
Legislature had the power to do.
I n fffcH Il Is baseu, fhuse
be to encourage the enactment Of laws
regulating hours for men, as well as
women and children.
The decision in the minimum wage
| case will be felt Immediately In ten
states where minimum wage laws for
women have been enacted, but where
watchful waiting for the attitude of
the supreme court has hindered eff
cient enforcement. 1t will also stimu-
late legislation insuring the minimum
of decent living for workers in those
states which have hesitated to adopt
minimum wage legislation while test
case was pending. Finally it places a
| broader Interpretation upon the police
power of the state than has ever been
admitted before.
By its act the supreme court con-
cedes that the state should interfere
not only with long hours and injurious
conditions of labor because public
health is affected, but with wage pay
ments. When Louis D. Brandeis ap-
peared before the supreme court in
December, 1914, as attorney for the
defense he based his argument on the
cost to the state of underpaid, under
nourished workers. This cost he reck-
oned up with the aid Of Josephine
| GOldmark of the National Consumers
league in an 800 page brief presenting
conditions found in Oregon among
working women by the industrial well
fare commission and confirmed by in
vestigations in various states.
No decision was rendered at that
ton Of the supreme court the case was
ordered reopened in January, 1917.
Mr.. Brandeis, who had meantime been
appointed as a member of the court,
could not partake in the argument or
sit in the case. But Felix Franklin
ter, counsel of the National Consumers
league, who made the argument for
the state of Oregon, again stressed the
fact that the grave consequences to
the public health (of low wages, the
general lowering Of standards, the re-
sultant drain on the taxing resources
of the government, gave indubitable
grounds for state action" In new
brief, compiled by Miss Goldmark, the
world experience supporting these as
sertions was brought down to date
This brief is the latest in list of fif-
teen prepared by the National Con
sumers league which since 1908 have
played successful part in unfolding
the constitutionality Of labor laws In
state and federal courts of last resort.
In upholding the law four justices
decided in favor, four voted in the neg
alive, and Mr.. Justice Brandeis was
disqualified from voting Under the
rules of the court no opinion was rem.
dered, as there was no majority. It is
simply announced that the decision of
the Oregon supreme court in this case
is sustained.
at time when attempts are being