The Irish standard., 1918-02-16
THE IRISH STANDARD
the U. I. L. has declined within its
borders, but the A. o. H. is virile
force.
FREEDOM OF WAGE CONTRACTS.
(6y the Rev. Edwin v. o'Hara, L.L.D.)

(6y the Rev. Edwin v. O'Hara, L.L.D.)
We Americans with our traditions
OF lndividualism and freedom look
with suspicion upon any movement
that threatens to limit individual lib
erty. Sometimes it happens that an
tagonism is thus bred for causes
which only appear to restrict freedom,
whereas their real tendency is to make
cherished liberty more genuine. A
case in point is the relation of mini
mum wage legislation to freedom Of
contract in wages.
We have rightly regarded freedom
OF contract as being close to the heart
of individual liberty; and the freedom
of the wage contract has been an
American boast. But here comes a
proposal to prohibit the employer
from Offering, and to prohibit the en-
ploye from accepting lesser wage
than the minimum fixed by law. Could
there be any more obvious and braZen
attempt to limit the freedom of wage
contracts-to restrict a right, not only
deeply cherished, but also (and this
is not to be overlooked) a right speci-
fically guaranteed to American citi-
zens by the fourteenth amendment to
the Federal Constitution as interpre-
ted by the courts Of last resort.
But let us not play with words. The
matter was set out clearly by Count
de Nun before the French Chamber
Of Deputies: Liberty does not con-
sist in a theoretical right, but in the
possibility of exercising it. The power
to be free is a regime which puts the
workingman's life at the mercy of
supply and demand; which exposes
himself, his wife and his children to
the hardships of competition that
knows no moderation; which sets no
limits to his exploitation except, the
interests OF those who employ him
the power to be free in such condi-
lions when the need of subsistence is
so pressing as to permit of no waiting
no choice, no hesitation, does not ex-
list and consequently the laborer is
not free"
Is it not mockery to speak of
freedom of wage contract when the
contracting parties are, on the one
hand, a powerful corporation and, on
the other, girl adrift from home who
may be dependent OH next Saturdays
pay check to settle for this week.
board and room? 1.-The restraints tc
action and enjoyment" says DR.. John
A. Ryan, are not all political and
legal Freedom of contract has al
ready been nullified by the superior
economic strength of the employer
which consists in his ability to wait,
while the girl must go to work to-
day or starve. The power OF the
employer to withhold bread is a much
more effective weapon than the power
of the employee to refuse to labor. /"
Low wages are bad in the workers
eyes, but unemployment with starva-
ton in the background is worse.
So it seems on reflection that our
supposed freedom Of wage contracts
is largely a myth and minimum wage
legislation cannot fairly be charged
with restricting what does not exist.
Freedom OF contract is strictly non
existent in the field of underpaid labor
to which wage legislation applies. But
the advocates of wage regulation en-
terrain the hope that some element of
freedom may again be injected into
the wage contract by limiting the
power of the stronger to impose his
Will tho - of nj IN
Standard and Times.