The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1917-04-27
NOW THE LAW OF THE LAND

Recent Decision OF Highest Judicial
Tribunal of Great mportance-Effect
Will Be Farreachine-Wo Wage
Legislation Has Been Passed In Ten
States.
Two decisions Of greatest national
Importance were announced by the SUI
preme court OF the United States on
April 8. The text is not yet ut 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
upholding the constitutionality of the
compulsory Oregon law, giving the well
fare commission power to fix minimum
wages for women.
The other gave a 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 unconstitu-
tional 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 q 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 a limitation has 81
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
general ten hour law is evidence of
significant change in judicial opinion
The Oregon law covers trades in gen
eraI regardless Of special hazard either
to the public or to the employees. 1t
covers even bakeShops. which twelve
years ago the court said specifically no
legislature had the power to do.
The effect of this decision, whatever
the grounds on which 1t is based, must
be to encourage the enactment of laws
regulating hours for men, as well as
women and children
=, 4
case viii 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 insuIing 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 states should interfere
not only with long hours ana injurious
conditions of labor because public
health is affected, but with wage pay
ments When Louis -. Brandeis ap-
peared before the supreme court In
December, 1914, rs 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 500 page brief presenting
conditions found in Oregon among
working women by the industrial vel
fare commission and confirmed by i'm
vestigations in various states,
No decision was rendered at that
time, and on account of the recOnStruc-
ton of the supreme court the case was
ordered reopened in January, 1917.
Mr.. Brandeis, who had meantime been
appointed as member of the court,
could not partake in the argument or
sit In the case. But Felix Frankfurt
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 a new
brief, compiled by Miss Goldmark, the
world experience supporting these as
sertions was brought down TO date.
This brief is the latest in a list of fif-
teen prepared by the National Con
sumers' league which since 1908 have
played a successful part in upholding
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
ative, and Mr.. Justice Brandeis wai5
disqualified from voting. Under the
rules of the court no opinion was rem
dered, as there was no majority 1t is
simply announced that the decision of
the Oregon supreme court in this case
is sustained.
At time when attempts are being
made to break down working stand
ards, at time when industrial strain
will be tense and at time when the
cost Of living mounts up each day
these two decisions of the supreme
court stand as bulwarks.-Suryey.