The Washington herald., 1922-11-07
MINIMUM WAGE
BOARD TO FIGHT
COURT RULING
Conttnned Frop. Paqe ore.


be favorable to them and induced
him. by an appeal directed to him
personally. to assume jurisdiction
and Join with the dissentns justice.
Justice. Van orsden, in an attempt
to overrule the c.-rsion Of the
court" Justice smyth explained In
his opinion.
Points to Low.
Going farther, the Chief Justice
called attention to the law fixing
the number OF justices ,on the
appellate bench to three. This
number and no more, he declared.
may sit.> and interpret that law,
and grant motions. The way
things have occurred, he stated. II
appears that four justices have
given decisions on particular
question of law. which In itself
makes the decision which declares
the law invalid an unlawful de-
cision.
At the time when the case was
first decided In favor Of the
Minimum Wage Board Justice
Robb. whose action Is thus COM
planned of by the Chief Justice.
was not. as far as this particular
case was concerned. a member of
the court. there being the re-
quired three justices sitting.
Hence. Justice Smyth asserts.
member of the court, whose ac-
tions were altogether independent
of teh issues in question.
This is most remarkable
performance for court" de-
clared Miss Smith, who Is also
secretary of the National Women's
Trade Union League, one OF tho
largest women's labor organiza-
ton of the country. No pretext.
save that Justice Robb had not
given an opinion, was MADE for
the rehearing, so far as | know.
Decision Possible.
Il am hopeful OF. the results of
the appeal to the Supreme Court.
inasmuch as the principles are sim-
liar to those involved in the rent
law. held unconstitutional by Jus
tices Robb and Van Orsdall, whose
conclusions were reversed by the
highest court"
In this instance the United States
Supreme Court will be enabled to
render decision, which 1t could not
do in the case of the Oregon law.
inasmuch as, the vote was divided
four-four, Justice Brandeis being
disqualified from sitting because he
had defended the case at its first
hearing. before his appointment to
the bench.
Whether employees in the Dis
trict will be affected as the result
of the abrogation of the minimum
wage regulations Is not yet known.
Although the board will be un-
able to enforce the law by court
action. II will still be able to gatn
er evidence. until after the case
Is reheard and decided. II the law
Is upheld. violators may be pros
ecuted and sued. and forced to pay
the minimum wage for the entire
period between the Appellate Court
decision and the declaration of the
Supreme Court findings.
Affects I2,OOO.
The minimum wage law affects
more than 10000 girls and women,
1000 of whom work in stores. $500
in hotels, restaurants. and apart
ments, 1.400 in laundries and ! 900 in
printing establishments.
The first law was passed in March,
1913. granting a minimum wage Of
$3.50 in the printing trades. which
was raised to $3.50 for the mercan-
tile employees in July 1879. A con-
ference of hotel and restaurant
employees in May. 1920. and of laun-
dry workers in January, 1921, gave
that group the minimum wage of
$3.50, and the laundry workers Sc
cured minimum of SIS in January,
1921. No other groups have re-
quested minimum wage. This was
raise from an average wage OF s12
per week. which sometimes fell as
low as IS and 81 for the laundry en-
ployes.
A conference called by the Mer-
chants and Manufacturers Associa-
ton to reconsider the mercantile
employees minimum. last June, COM
posed of three representatives each
of the public. employers and the en-
ployees. in addition to the Minimum
Wage Board. concluded the cost Of
living did not warrant the decrease
Of minimum wages.
Robb Names Defects.
The ramifications of the law were
discussed fully by Justice Robb in
his opinion. If the power to fix
wages exists, in the interest of good
morals and the promotion of gen.
eral welfare. the power must like
wise be conceded to Ak the prices of
all commodities entering into the
determination of an equitable wage"
he explained. The wage fixed for
an employer to pay his employe
cannot he justified if based upon the
unrestratned prices which the en-
ploye may have to pay the merchant
Tor food and cloths or the landlord
for rent. The logical result of such
course relegates the whole matter
of prices to the relm Of LEGISLATION.
No greater calamity could befall
the wage earners Of this country"
says Justice Van Orsdel'. than to
have the legislative power to fix
wages upheld. 1t would deprive
them of the most sacred safeguard
which the Constitution affords. Take
from the individual the right to con-
tract freely and to sell his labor
Tor the highest wage which his ef-
hclency viii command and the la
borer would be reduced to an tu-
n