The Barre daily times. (Barre, Vt.) 1897-1959, 1918-02-08
WAGE PAYMENT LEGISLATION.
Comparatively Rapid Progress Has Beer
Made.

A study of Wage Payment Lcgisla
tion in the United States by Robert
Gildersleeve Paterson, has just been Is
sued as bulletin 220 by the bureau OF Ia
Dor statistics OF the L.. 5. department
of labor In this study the author notes
that during the past few years compare
lively rapid progress has been made IN
social legislation and that there is an
especial tendency ON the part of the
courts TO uphold as constitutional more
advanced legislation for the benefit OF
the wage Garner.
In the discussion, wage legislation Is
divided into four classes, to each OF which
Il chapter is devoted. Under the hrst
class, rates of wages, are included mint
mum wages and wages on public works,
and under minimum wages are consld'
cred not only minimum wage laws Tor
women and children but the Adamson
railroad eight hour law and the supreme
court decision upon Il. The second class
"period of payment" naturally suggests
as subheads weekly, bweekly, and
monthly payments. The third class,
"mode of wage payment" refers to the
prohibition OF payment in scrip or or
ders redeemable in goods, which made
possible the evils of the company store,
and to the closely related requirement OF
payment in lawful money. The maj
class, restrictions in the employment
contract, !" covers those as to payment To
discharged and deceased employees de-
auctions from wages, as Tor Imperfect
work; refusal to pay wages, or reduction
of the rate without notice; place OF pay
ment; weighing and screening oil coal III
mines. where payment is by the ton
mined and on the other hand, repay
ment to employers of advances on con-
tracts for the performance OF serviccs-a
class of laws some of which. II upheld
and enforced. might have resulted IN vlr-
tual slavery for the debtors. With refer
euee TO each class the laws of foreign
countries. particularly England, are re-
viewed, then those of the United States,
with special attention TO the decisions OF
courts as to constitutionslity and CON
struction. which decisions are tabulated
and summarized.
Previous TO the consideration of the
laws in detail, the labor contract is TAX.
en- up from the standpoint of freedom OF
contract and its limitations and restric-
tions In comparing the progress OF such
legislation in England and in this eonn-
try, the reasons for our backwardness
are found in conditions inherent in Amer
lean Jurisprudence not flattering to our
system The limitations of written
the lack of coordination be-
tween state and federal courts. and the
necessity. in order that the constitution
ality of statute may be unquestioned,
that il should have the sanction OF both
state and federal courts. are commented
upon. Emphasis is placed upon the per
sistence of q natural-law or individual
istic philosophy in the reasoning oil the
courts, their adherence TO Journalism and
legal precedent, and finally the rigid and
illogical separation of law and tact, SO
that, for example, a court must decide
the question Of the "reasonableness" OF
law as legal question. without any ma |
chinery for investigation of the facts. |
In the concluding chapters the conflict |
between individualism and social con |
troll or between theoretical and aetna
equality is reverted to, and here 1t IS
shown that the courts have gradually |
adopted a more liberal policy of inter |
and that, especially since the
beginning of the present century. de- |
cisions have TO a much greater extent
the propriety OF the regulation |
bv the legislatures of labor contracts IN
the interest al the employe Recent de-
cisions of the supreme court in the case |
unfolding the Adamson law and the Ore
eon lO-hour and minimum wage laws
''pvidence a clear perception OF the rights
of the employer, the employee and the
public. A new basis for the legal inter
probation of social legislation is being
that will keep in view the
mutual interests of the individual and of
society"
1t is pointed out that should there be
a reaction from the movement toward
public control Of wage conditions, which
is not considered probable, the result
would be strengthening of the labor