The Connecticut labor news., 1922-12-15
Property Is Above Life!
 (Continued from Page Eieht.l

l our civilization Is such that property rights can thus be socialized without ! the grossest abuse of the privileges granted, or that the restraint of the abuses can be left with safety to Legislative or judicial discretion" This, of course, leads the court to the conclusion in the case of Willie Lyons that the Minimum Wage Law enacted by Congress for the protec- in the District of Columbia is uncon- stitutiona1
 How slender is the margin between victory and defeat in cases of this
 kind is indicated not only by the dis senting opinion but by the fact that the decision of the court stood on a ? to I vote This Is exactly similar to the decisions of the Supreme Court which are frequently rendered by 5 to 4 vote.
 Trade unionists will be interested in the reasoning brought to bear in the dissenting opinion in this case.
 Many will conclude that the reason ing of Justice Smyth in the dissenting opinion is infinitely superior to the reasoning found in the majority
 opinion. The following are some ex-
 tracts from the dissenting opinion: "1n variant forms of argument it is urged that the act is invalid be- cause it interferes with freedom of contract That it does so must be conceded, but that Is not fatal Every statute exerting the police power interferes with freedom of con tract. Under such a statute persons are forbidden to contract to do cer-
 tain things which they were free to do
 before it's enactment. If it be cor
 rect that the statute is void on that ground there would be no room for the play of police power But, obviously, it can not be corree,. There is no absolute freedom to do as one wills or to contract as one chooses The guaranty of liberty does not withdraw from legislative super vision that wide department of activ- ity which consists of the making of contracts, or deny to government the power to provide restrictive safe guards. Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and pro- hibitions imposed in the interests of the community The right to make contracts is subject also, in the field of state action to the essential auth ority of government to maintain peace and security, and to enact laws for the promotion of the health, safety, morals, and welfare of those subject to it's jurisdiction-' Chicago, Bur Guire, 2Io U. S., 54o, 5o7, 56S."
 Suppose the women engaged in the. different lines covered by the order i'll question were each paid only $6 per week while $I65o per week was necessary to feed, clothe and shelter each, and their employers could afford to pay $1o.5o a week but would not pay 1t because under the law of supply and demand wonl< en had to work for that wage or starve, should not the government have the power, in the interests of the community, if not of humanity to interpose and compel the payment of living wage? The choicest function of government IS to protect the weak against the unrighteous acts of those who- are strong economically or physically. Would it be just to per
 women SIG 50 worth of work for SC
 simply because he had the power to
 do SO? I think not"
 "In broad sense the act is not a
 wage fixing measure, but a measure
 to prevent the conhscation of
 working" woman's labor by those who
 have the economic power to do 1t.
 '1t appears to me conclusively that
 a minimum wage has a real and sub
 stantia1 relation to the health and
 morals of women and minor girls
 who work and that Congress by pro-
 viding for the establishment of such
 wage in the manner outlined in the
 statute has not acted arbitrarily or
 spoliativcly, but clearly within the
 limits of the police power with which
 1t Is intrusted.'