Every evening, Wilmington daily commercial., 1922-11-07
WOMEN'S WAGE LAW IS
INVALID, COURT RULES
consress Cannot Fix Minimum
for Thorn Now They Are
Equals of Men.

washington, Nov. 7.-Because
women have been accorded equality
With men in the political and COM
msrcial world they are no longer en-
titled to the special protection which
has been their right from time inn
memorial. according TO the decision of
the District Of Columbia Court OF APP
peals yesterday in declaring the Mini
mum Wage law of the District of CO.
lumbia invalid.
The decision, made in the case of the
Children's Hospital, which fought
against minimum wage OF s16.50
weekly for its women workers. de-
clares that "the constitutional limi-
tstions upon Congress involve funda-
mental principles of human rights re-
served to the whole people, and not
any favored class of citizenship" They
are for the protection alike, 1t was
held, OF the rich and the poor. the
strong and the weak, the high and the
low, and may not, either by legis-
lstive or judicial fat, be used to eX-
tend special protection to any par
ticular class of citizens.
No reason is apparent. 1t wes con-
tended. why the operation of the law
should be extended to women to the
exclusion OF men, since women have
been accorded full equality with men
in the commercial and political world.
Indeed, this equality in law has been
sanctioned by constitutional amend
ments. and go fixed has a tendency in
this direction become established in
Enslish-speaking lands that the op-
portunity for official and business pre-
ferment upon complete equality with
men 10 limited only by the scope of
her aspirations.
The opinion which holds the law in
valid. as read yesterday by Justice Van
Orsdell, probably is the broadest and
most sweeping opinion in the subject
to come out of the Appellate Court.
The jurist declares that "the right OF
a person TO sell his labor upon such
terms a. he deems proper is, in its es-
sence. the same as the right Of the
purchaser of labor to prescribe the
conditions upon which he will accept
such labor from the person Offering tC
sell it,
Other Important paregraphs in the
cpAnion are:
THE difficulty arises. we think, from
the failure (of Congress) to distinguish
between legislative discretion anC
legislative power.
I'VE are here dealing with a priva Z,
business. conducted between privat,
individuals. in which the public ha,
no direct economic interest. It follows
therefore, that If the doctrine OF pub
lie interest is 10 be extended to tn,
point OF fixing by law the rete a
which an individual may contract fo
hts labor by placing limitation upor
the freedom of private contract, il Il
tilfnc,Ilt to understand just where th'
limitations OF the extension of polIcs
power may end.
1T amounts TO converting the polics
power into a convenient experimente
aG~ncy for distinguishing, extending
Or abroEating express limitations o
tho Constitution.
High wages do not necessarily tenC
- GOOD morals or the promotion of tn,
general welfare. The standard O
virtue and morality is no highe
among the prosperous than among tn,
poor. Their worth cannot be neasur
ed in dollars and cents or promoted b,
legal subsidy. Never have wae ee
been 70 high as since the outbreak O
the war. and never in the history Q
the republic has crime been so uni
versal; and this condition, it must b
conceded, has made an unfavSabl
impression upon the morals of tn
people. A wage based upon com
petitive ability is just and leads {
frugality and honest industry, and IN
spires an ambition to attain tn
highest efficiency, while the eque
wage paralyzes ambition and pre-
notes pr>odi gality and Incidence