The labor world. [volume] (Duluth, Minn.) 1896-current, 1917-12-29
W0MEN'S Minimum WAGE
Law IS CONSTITUTIONAL

gate power to determine some fact or
state of things upon which the law
makes its own action or operation de-
pend, and may declare it's law shall
the subsequent establishment Of some
fact. In all such cases, when it does
take effect, it is by force of legislative
action as fully as if the legislature
or occasion Of it's becoming effective.
The true distinction is between the
delegat ton of power to make the law,
VIII which necessarily ne involves a discre-
ing authority or discretion as to it's
execution, to be exercised under and
in pursuance pE l, of the law. The first
cann9t be done t2 the latter no valid
Claim Law Was incomplete.
4. respondent contends that this
act was not complete law when it
left the legislature and that there was
mission made an order and that the
power to determine when and where
! there shall be any law, and what it
shall be, is to be exercised at the whim
:. Let us address ourselves to this ques
ton. AS above stated, section 20 de-
fines a living wage. Section II, in ef-
e ynr eH WsKe syeGy SmgHyer t to pay
determined in an order Of the commits
sion"
We think this must be construed as
establishing a living vase. as defined
and as fixing living wage as so de-
fined as the standard by which the
commission must be guided in deter
mining INNS mi minimum wage for any occu-
mum wage by the commission is &C
cordingly a determination Of a fact
upon which the law makes
its own action depend"
We do not overlook the fact
the statute cannot be effectively exc
cuted nor its penalties enforced until
the commission establishes a minimum
wage. nor the fact that the commission
make the investigation into any par
ticul lar occupation !;l? which may result in
that ooeer a,3tms heaa ~age in
discretion as. to it's execution to be
exercised under and in pursuance of the
law and they do not prevent the act
from being complete law nor render
it invalid. here, are abundant instances
Half of Laws Alternative.
one court has gone so far as to say.
II H. the statutes tt;.e on our books are
discretion Of some person or persons to
whom is confided the duty of determin-
/ ing whether the proper occasion exists
f fs fSe ing them But it be
! ton is the making of the law"
The acts of congress, establishing
| forest reservations, provide that their
use for grazing purposes is subject to
rules and regulations established by
the secretary of agriculture, and make
violation Of such rules and regulations
a penal offense. A defendant was con-
victed of violation Of some rule or
! regulation of the department.. The
court sustained the law as against OBJ
lection that this was an unconstftu-
| tional delegation of legislative power
and said. "A violation Of reasonable
rules regulating the use and occupancy
of the property is made a crime, not
! by the secretary. but by congress. The
penalty"
An. act Of the Legislature of North
or other Illuminating oils, aold or Of
fered for sale in this state shall be sub
ject to inspection and test to determine
the safety and value for illuminating
| purposes" Power is conferred on the
! board Of agriculture to make all neces-
sary rules and regulations for the in