The labor world. [volume] (Duluth, Minn.) 1896-current, 1917-12-29
CONTINUED From Page ~

- CONTINUED From Page ~
effe. tive thirty Gays thereafter MAX
iag the wages then determined TIE
throughout the state or within any
area OF the state. if differences in the
cost of living warrant this restriction.
Claim Unconstitutionality.
Defendants, members Of commits
sion constituted as provided by the
act. after a hearing and investigation,
made two orders fixing minimum
wages for H:, women and minors Of or.
These actions are brought to restrain
the enforcement OF the orders on the
ground that the statute is unconstitu
t ti9nal and a void; The trial court over,
prayed. Defendants appealed The
ground Of the order was that the stat
ute is unconstitutional and void. This
is the Cue stion in the case.
l. We do not look to the cOnstitu-
ton to 1ind legislatiae power of
state. The state legislature possesses
al. legislative power not withheld or
forbidden by the terms of the state or
Federal constitution.
There are. some limitations in the
state constitution on legislative power.
so far as applicable to the facts in
this case, there are none more restrict
i've than the limitations of the Four
teenth amendment to the Federal con-
inquiry TO the question, whether this
law is sviolative of any provisions of
the Fourteenth amendment.
> The pertinent part of the Fourteenth
amendment reads, Nor shall any state
deprive any person of liberty
or property without due process of law
nor deny to any person within it's jur-
laws:" This, guarantees to the citizen
liberty Of contract and liberty to con,
duct his business affairs in his own
way: This right, it is claimed. has been
infringed by this statute.
Liberty Not Absolute.
The liberty of contract guaranteed
by this amendment is not absolute. 1t
is subject to the power of the state to
| lesislate for certain permissible pur-
poses. For example, the state may.
OF labor of women; or of minors in GER
tain, occupations; or Of men engaged
In emploSments hazardous to health /;
or Of men employed on public work !;
or the time of payment of employees;
or,tt;he manner or medium of payment.
The The power !I of a state legislature to
dent with what is familiarly known
powers Of the state said Chief Justice
the powers Of government. inherent in
| dominion. Justice Field defines the
police police power as the power to pre-
health: peace; morals. education = md
good order of the people and to legis-
| late so as to increase the industries of
the state. develop it's resources and add
definition has been broadened as fol-
| lows, 1T may be said in a general way
that the police power extends to all the
great public needs. = 1t may
toned by usage, or held by the pre-
vailing morality or strong and pre-
ponderant. opinion to- be greatly and
Immediately necessary to the public
welfare"
ros:ce Power Limited.
Yet there is 2 limit to the valid ex-
erclse of the police power by the state.
1t is not enough to merely assert that
welfare Of the people. '"The act must
| have a more direct relate as an means
to an end, and the end itself must be
| act can be held valid which interferes
with the general right of an individual
to be free in his person and in his
p pow 1ab TO- s contract in relation to his
The liberty Of contract guaranteed
by the constitution is freedom from ar
bltrary restraint" not freedom from
is whether the limitation is "rea SON.
able regulation to safeguard the pub
tic interest," imposed, not solely for the
benefit OF the individual, but essentially
for the common benefit of all.
We must determine Whether this statute
IS within the proper field Of legisla-
There is a notion, quite general, that
women in the trades are underpaid
that they are not paid so well as men
are paid for. the same service and that
IN fact in many cases the pay they re.
ing hours of the day is not enough
to meet the cost of reasonable living
Public Investigate tns. by publicly ap.
pointed commissions have resulted ir
findings to- the above effect. Starting
with such facts, there is opinion, more
or less widespread, that these condi
IONS are dangerous to the morals OF
the workers and to the health of the
well. a.
1t is strife for employer and en-
ploye to secure proper economic ad-
shall receive a Just share Of. the profit.
of their joint effort. In this economic
strife: women as class. are not on ar
equality with men. Investigating
all these facts into account, have urgee
legis Station designed to assure to womer
an adequate working wage. The legis.
!atures of eleven states have passed
| "o AA"'AIl6 tHC SdANS QNI pOSc dS tnt
| one here assailed.
| Essential to Public Welfare.
1T is not question of what we may
| ourselves think of the policy or the
justification of such legislation. The
\ question is, is there any reasonable
basis for legislative belief that the con.
ditions mentioned exist, that legisla
| ton is necessary to remedy them, and
| that laws looking to that end promote
the health, peace, morals, education OF
good order Of the people and are
"greatly and Immediately necessary tc
the public welfare" If there is rea.
Sonable basis for such legislative be.
lief, then the determination of the pro.
| prlety Of such legislation is a legislat.
| I've problem to be solved by the exer.
| c!se OF legislative judgment and discre-
| ton.
We think sufficient basis exists. II
IS not necessary that we should hole
that statutes Of this kind applica bic
to men would be valid. We think il
| CLEAR there is such inequality or diff
| ference between men and women in the
matter Of ability to secure just wage
and In the consequence Of an made.
| quate wage that the legislature may
by law compensate for the difference
That there is such difference, has beer
recognized as an economic fact by thu
United States supreme court TIVE
cases have arisen in other states in
volving the constitutionality Of mini
mum wage laws for women. In boil
! the laws were sustained.
tot r%wir MI - :,:,