Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-05-20

on Thursday rendered a judgment in
favor of the North Dakota Laundry
association and telephone companies
OF the state. holding void the regula-
tions adopted by the minimum wage
bureau, in fixing a minimum wage for
women and minors.
Gives History Of Case.
George A. Bangs of the firm of
Bangs and Robbins of this city, who
represented the LAundrymen's asso-
citation, in statement today, gave
this history of the case:
THE Minimum Wage Law was
adopted in 1919 and it's administra-
ton was vested in the Workmen's
Compensation bureau consisting of J..
N. Hagen, S. S. Mcdonald and l.. J..
Wehe; the commission employed Miss
Hazel Farkash of New York city as
It's investigator and upon her report
conferences were ordered to be held
at Fargo in April, 1920.
"The law required the bureau to
appoint the members of the confer
cnce which was composed of three
members representing the public.
three members representing the em"
ployers and three representing the
employees; immediately after this ac-
ton was taken by the bureau the gov
ernor attempted to remove Mr. Wehe,
one of the commissioners. but through
jirregularity, was unsuccessful
"Messrs Mcdonald and Hagen at
tempted to enforce the void order of
removal and refused thereafter to
recognize Mr.. Wehe, giving him no
notice of meetings and he was not
permitted by them to participate in
any further proceedings.
| After the. appointment of the
members Of the conference by the
bureau. Mr.. Mcdonald attempted for
various reasons to substitute other
persons for the appointees of the bu-
isreau and the persons so appointed by
lMr. Mcdonald served on the confer
ence in the place Of those, members
regularly appointed by the bureau:
Mr.. Mcdonald also usurped the power
to appoint the chairman of the con-
ference, although this was a duty de-
volving upon the full bureau.
Report Not Signed.
/ "No report by the conference was
signed by the members thereof but in
lieu thereof report prepared by the
bureau through Miss Farkash was
signed by one Of the conference mem
bers so substituted by Mr. Mcdonald
and it was upon this report alone pre-
tending to recommend regulations
ETC.. that the bureau subsequently
pretended to act.
| THE law requires a hearing by
the bureau upon any regulations
which may be made by the confer
ence and approved by the bureau and
this hearing was advertised to be held
vol
during the period after the attempted
removal by the governor of Mr.. Wehe
so he was not permitted to participate
in the hearing.
| Mr.. Hagen did not attend the hear
i ing so MIR. Mcdonald was the only
commissioner present and he pro-
ceeded to hold the hearing alone
without the other members of the
bureau: day or two later MIR. Hagen
dropped into town and he and MIR.
Mcdonald claimed to have held an
informal meeting without the attend
ance Of Mr.. Wehe and pretended to
adopt the regulations complained Of.
These regulations were to become
effective on July Is. 1920, but prior
to that date Judge Cole of Fargo is
sued temporary restraining order
which came on later for hearing be-
fore Judge Nuessle OF Bismarck who
sustained the order made by Judge
Cole; an appeal was taken to the su-
prense court which sustained Judges
Cole and Nuessle, the opinion being
written by Judge Grace.
proceedings yesterday at Bis
marck were upon demurrer to the
answer of the bureau and an appli-
cation for judgment upon the plead
ings setting forth the facts as above
which application was granted by
Judge Nuessle and judgment ordered
holding the regulation void; it is
doubtful whether an appeal will be