Evening star., 1922-11-06
MINIMUM WAGE
LAW FOR DISTRICT
DECLARED INVALID
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may by the exercise Of the same
power establish the wages to be paid
to men.
Answer II "Yes- or NO"
The power of Congress to fix
wages" says the court, between
private individuals is either consti-
tutional or unconstitutional. There is
no leeway for legislative or judicial
discretion. A fundamental principle
is involved: and il does not lie in the
courts to declare a law fixing the
wages Of women constitutional and a
law fixing the wages Of men unconsti-
tutional The moral stimulus in the
one instance is no greater than in the
other. If higher wages are essential
to preserve the morals of women. they
are equally essential to preserve the
morals of men.
This leads to another angle If the
law is to be equitably enforced It re-
quires a most careful and tudicious in
quiry by the board into living c"ndi--
tions-the cost of rent. clothes, food and
recreation. II the power, therefore, eX-
lists TO fix wages in the interest of good
morals and the promotion of the general
welfare. the power must likewise be
conceded to nix the prices of all COM
modities entering into the determination
can justice be accorded. The wage
fixed for an employer . pay his en-
ployes cannot be justifiee if based upon
the unrestrained prices which the en-
pioye may have to pay the merchant
for food and clotheS or the landlord for
rent. The logical result Of such a
course relegates the whole matter Of
prices to the realm of legislation"
Property Rights Vital.
The three fundamental principles
which underlie government are the
protection Of life. liberty and proper
ty, and the chief of these. the court
asserts, is property" Not that any
amount OF property" says Justice
Van Orsdel. lis more valuable than
the life or liberty of the citizen, but
the history Of civilization proves that
when the citizen is deprived @: the
free use and enjoyment of his trop-
erty anarchy and revolution follow,
and life and liberty are without pro-
lection.
The highest freedom consists in
obedience to law and a strict adher-
ence to the limitations of the Consti-
tuition. In no way can the freedom
OF the citizen be more effectually
curtailed and ultimately destroyed
than by deprivation OF those inher-
ent rights safeguarded by our fun
damental law. The security of So
ciety depends upon the extent of the
protection afforded the individual
citizen under the Constitution against
the demands and incursions of the
government. The only tyranny the
citizenship of this republic need fear
is from the government itself.
Blocked by Bill Of Rights.
THE character and value of govern
ment is measured by the security
which surrounds the individual in
the use and enjoyment Of his prop
erty. These rights Will only remain
secure SO long as the bill of rights
the first ten amendments of the Con-
stitution-are construed literally in
favor of the individual and strictly
against the government They were
early adopted because of a widespread
apprehension that the time might
come when the government would
assume to trespass. upon those in
alienable individual rights announced
In the Declaration of Independence
and afterward incorporated in the
bill of rights.
Courts, therefore, should be slow to
lend aid to the government in this
modern tendency TO invade individual
property rights. "Illegitimate and
unconstitutional practices get their
first footing in that way. namely. by
silent approaches and slight devia-
tions from legal modes of procedure.
This can only be obviated by ad-
herring to the rule that constitutional
provisions for the security of person
and property should be literally con-
strued.
"A close and literal construction de-
prives them of half their efficacy and
leads to gradual depreciation of the
right, as II it consisted more in sound
than in substance. 1t is the duty of
courts to be watchful for the consti-
tutional rights Of the citizen and
against any stealthy encroachments
thereon"