The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1922-01-19

tutional amendment upon welfare legislation al
ready secured through action of state legislatures.
The amendmentsis Endorsed among others by
George Gordon Battle OF New York, Shipper Lew
tion committee Of the American Bar association:
Charles w. Needham. solicitor for the interstate
commission and former president of
George washington university. Robert r. Scott,
former. assistant to the attorney general; Frank
=. Walsh, Matthew Hale, and Miss Gail Laughlin
Frank r. Walsh, former chairman OF the Indus
trial Relations commission. appointed by former
President Wilson, and former joint chairman with
Chief Justice Taft OF the National War Labor
board. gives 1T as his unqualified opinion that
the passage OF the amendment win sin no way
affect welfare legislation for women, either that
which is upon the statute hooks at the present
time, or With may be enacted In future" He
warns that there Is no anticipating the action of
q court In tie face Of many differing opinions eev-
ering points which appear quite obvious. He, how
ever, shows that a long line of judicial presidents
have protected the validity Of and constitutional
ty Of Won1en's II welfare legislation. Mr.. Walsh con-
cludes: @s#A@@
II can see no way Of approximating justice, as
affecting the saxssssexcept by the passage OF such
an amendment rs your organization has proposed.
Indeed, without such an amendment, In my opin-
ion, the late amendment guaranteeing women the
right OF suffrage would become a mere abstrac-
tion..s =S
IL. Walsh admits 4 says Mrs. Edward n. Cos
tgan Of Chicago. q vice president of the National
Consumers, eague,stthat the problems In their
Anal settlement will have to go before d court,
the result OF whose decision is clearly I'd doubt.
Il would be terrible to deprive poor working won-
sen OF safeguards that have been attained BY and
for them with long struggles. and In return give
them privileges they can never use.-The thing
70 q. y to push the specified changes Id the
state gisIatures.n
A4.&@A.- - =. %. - i. !. % .s%
of Harvard Law school, counsel for the Minimum
Wage board Of the District Of Columbia, says in
part:
The various measures dealing with women In
Observation-Disclosures OF hours of employment. pro-
hibition or regulation at night work, regulation Of
employment Of women before and after conf1ne-
nents. minimum wage egislation-have all been
sustained BY the courts upon physical, social and
economic factors peculiar to women.AM such
legislation necessarily circumscribes the freedom
#of action of the individual affected. For Instance,
wherever legislation limits the periods when d
woman may work before or after confinement.
she may not work Within the prohibited periods
even e she wants to.&
For reasons ~ policy. society,s welfare ii
deemed MORE important than the desire of the
rare Individual who would Insist on working IN
der such circumstances. Iii other words, she III
under Y disability on account of sea. which does
not hamper q man engaged Iii similar employment:
she cannot contract freely Ahe man can. iii the
salne way, minimum wage Legislation, md the
other types AZ law which + have enumerated are
sin one aspect disabilities and treated IN such III
the courts. = the very best the pEpposea amend.
melt writes Into the constitution of The United
States i dangeronsflaWsui jeopardl1ang the u
forts of the nation and the states III deal Justly
With lts women workers- Undoubtedly IL wil
largeiy retards if not render inposslnle, ssyerY|
effort ~ 1egislatIon protective OF women work.
sers. To- al sueh eRorts VIII encointer the epposi.
ton ~ alleged constitstiona