The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-07-15
RESPONSIVENESS of Minimum
Wage Award Is Big Issue.
Suit Filed in District Court by
y Associated Industries.
MANY NEW ISSUES RAISED
Prosecution of Case VIII Bring
Interpretation of Statutes.
Employers of Women Labor In
8 teresteH in Outcome of Suit.

Suit to est the reasonableness OF
the minimum n wage award Tor women
workers by the industrial relations
court was fiji ed today in the Shawnee
county district court The action will
rest the scope and limitations of the
Welfare law under which the award
was made. TIL e Associated Industraes,
which is prosec uting the case thruFuse
OF names of in dividual lasmbers an
nounces that it will be a Nendly, but
thoro test of thAs minimum wage en-.
actment. 49,.
Raises "A New Issue.
The action fled today involves not
AMY the question as to a reasonable
award, but raises Issues as TO the right
of the industrial court to IN any nlan-
ner interfere with blished wstees
and working conditions at this time.
If the contention of the, Associatedi In
dustries should be upheld the in aus
trial court would be permitted to open
minimum wage controversies only
where there is a showing of immoral
or unwholesone living conditions. Evi-
dence in the recent hearing was much
to the contrary-in fact showingi that
women wage earners were living in
moral surroundings. 1t was also
shown that healthy working conditions
prevailed in Kansas shops and. fac
tories.
prosecution of the case filed today
will bring a friendly interpretation of
the Kansas statutes. It is the con-
tention of the Associated Industries
that class of legislation under which
the recent Kansas wage decision was
made has not been generally upheld
by the United States sup RENE court.
The question of conStituthonalfty OF
the Kansas law viii be settled in the
case filed in the Shawnee county
court
To Protect Legal Status
= Individuals loaning their names for
the purpose of the suit weret declared
today to have taken the step in order
to protect their legal status. The en-
tire issue hinges on constituticnality of
me state law and right of tlie indus
5rial court to take up the gu estion on
its own motion after a prior wage had
Been fixed. 1t is commended that the
case could thus be reopened only on
evidence that women wage earners
could not live properly on their earn
ings or that working Conditions and
hours of employment were neither
Beautiful nor in keeping with good
public policy.
Employers Are Interested.
- Employers of women labor in. the
state are decidedly interested in results
OF the litigation The case will define
definitely the powers and limitations
of the Industrial court under the wet
fare act 1t is the first test suit in
volving the welfare enactment to be
brought in this state, altho various
suits have been filed tCsSting reasoh-
Ebleness of individual orders. In prac-
ideally all of these cases tho employ
.ers have been sustained.
Law Passed in 1913.
= The present welfare law was passed
by the legislature of 1913. Work of
the department was under, the state
commissioner of labor. but in charge
of a secretary. In 1921 the legislature
consolidated the welfare division and
the Industrial court together with
mine inspection, factory inspection
and other wor-- under the industrial
court
1--WE are in absolute good faith in
this matter" said Harry Sharp, secre-
tary- OF the Associated Industries. in
discussing the case today. I'VE lent
our utmost cooperation to make the
wage. hearing a success anc to date
have. spent $4,000 in real money
aside from a great deal of time and
effort-in perfectingta complete record
in the case. Legal authority of the
court to fix this wage or-to take up
the question is tbs basis of contention
in the friendly test suit"