The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1922-01-27

tutiona amendment upon welfare legislation al
ready secured through action of state legislatures.
The amendment is Endorsed among others by
George Gordon Battle of New York, Shipper Lew
Is OF Philadelphia secretary of the legal educa-
ton committee of the American Bar association
Charles W. Needham, solicitor for the interstate
commerce commission and former president of
george Washington university. Robert r. Scott,
FORMER assistant to the attorney general; Frank
L. Walsh. Matthew Hale, and Miss Gail Laughlin.
FRANK L. Walsh, former chairman Of the Indus
trial Relations commission appointed by former
President Wilson, and former joint chairman with
9hief Justice Taft of the National War Labor
board gives 1t ms his unqualified opinion that
the passage OF the amendment will "in no way
affect welfare legislation for women, either that
which Is upon the statute books at the present
time, or which may be enacted in future" He
warns that there is anticipating the action of
a court In the face of many differing opinions
erlng points which appear quite obvious. He how
ever, shows that long line of judicial presidents
have protected the validity of and constitutonali-
ty of women's welfare legislation. Mr., Walsh con-
cludes:
II can see no way of approximating justice, as
affecting the sexes except by the passage of such
an amendment as your organization has proposed.
Indeed, without such an amendment, In my opin-
ion, the late amendment guaranteeing women the
right of suffrage would become mere abstrac-
tion."
MT. NhtSn NuinltS, says MrS. EDWARD 4. Cos
tigan of Chicago vice president of the National
Consumers league ''that the problems In their
final settlement will have to go before court
the result of whose decision is clearly in doubt.
II would be terrible to deprive poor working wonl-
en- of safeguards that have been attained by and
for them with long struggles. and in return give
them privileges they never use The thing
to do Is TO push the specified changes in the
state legislatures"
In support of this view Prof. Felix Frankfurter
of Harvard Law school, counsel for the Minimum
Wage board OF the District of Columbia saws in
part:
The various measures dealing with women in
industry-limitation of hours of employment pro-
hibition or regulation of night work. regulation of
employment Of women before and after conine-
ments. minimum wage legisaton-have all been
sustained by the courts upon hysical social and
economic factors peculiar tn women All such
legislation necessarily circumscribes the freedom
of action of the individual affected For instance
wherever legislation limits the periods when n
woman may work before or after confinement
she may not work within the prohibited periods
even IL she wants to.
For reasons of policy, socety's welfare IL
deemed more important than the desire OF the
rare Individual who would insist on working I'M
der such circumstances In other words She is
under disability ON account OF SEX which does
not hamper n man engaged In similar empIoymep, {.
she cannot contract freely; the man can In tho
same way. minimum wage legislation and the
other types OF law which have enumerated are
In one aspect disabilities and treated as such nv
the courts. Al the very best the proposed amend.
ment writes into the Constitution of the United
States dangerous lawsuit. jeopardizing the ef.
forts of the nation and the states TO deal Justly
with Its women workers, Undoubtedly II will
largely retard. IL not render impossible every,
effort OF legislation protective OF women work
ers Tor all such efforts will encounter the opposi.
ton of alleged unconstitutonality"