The Birmingham age-herald., 1922-11-10
LAW FAVORABLE ID
 WOMEN OVER MEN
 DECLARED ILLEGAL
Court of Appeals of District of Columbia Holds Minimum Wage Law for Women
 Unconstitutional
By HUGH ". ROBERTS Washington Bureau, The AEe-Herald,
 300 Davidson Building

300 Davidson Building.
 Washington, November 9.-(Spe- cial.)-The court of appeals of the District of Columbia, in formal opinion in the case of tho Children's hospital, has held that the law which guarantees women a minimum wage in the District of Columbia of s1e.50 per week. is invalid.
 Because woman have been ac- corded equality with men in the po- litical and commercial world they are no longer entitled to the special pro- lection. which has been their right from time immemorial, the court de- termines. The case will go to the supreme court. If the lower court is sustained, all laws conferring ex elusive privileges on women will be eliminated.
 Women belonging to unions have had privileges under law in which men, engaged In identical pursuits, did not enjoy. There were provis- ions giving women certain rest hours and conferring other privileges on mothers which were regarded as essential. and which, it Is already in- dicated, women would greatly dis like to lose.
 Most Sweeping Opinion
 The opinion of the district court, delivered by Justice Van Orsdell, says in part. The constitutional limita- tions upon Congress involve funda- mental principles of human rights reserved to the whole people, and not any favored class. of citizenship No reason Is apparent why the opera ton of the law (minimum wage law) should be extended to women to the exclusion of men since women have been accorded full equality with men in the commercial and political world. This equality in law has been sanctioned by constitutional amendments. and so fixed has ten dency in this direction been estab- lshed in English speaking lands that the opportunity for political and commercial preferment upon com plete equality with men is limited only by the scope of her aspirations.
 The opinion is regarded as the broadest and most sweeping yet rem dered on the subject of equality be- tween the sexes. It is added: The right of a person to sell his labor upon such terms as he deems proper Is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which HB WILL dCC6Dl SutH tdDOI LAOtn lAN person offering to sell It."
 Wages and Morals
 Other important paragraphs in the decision follows: "The difficulty arises, we think, from the failure of Congress to distinguish between legis- lative discretion and Legislative power. We are here dealing with a private business in which the pub lie has no direct, economic interest It follows, therefore that if the doctrine of public interest is to be extended to the point of fixing by law the rate at which an individual may contract for his labor by placing limitation upon the freedom of private contract between employer and employe, 1t Is difficult to under stand just where the Limitations of police power may end.
 Tt amounts to converting the po- lice power into a convenient experi- mental agency for distinguishing ex- tending or abrogating express limi- tations of the constitution. High wages do not necessarily tend to good morals or the promotion of the pub lie welfare. The standard of virtue is no higher among the prosperous than among the poor. Their worth cannot be measured In dollars and cents or promoted by legal sub sidy.
 Crime Is Universal
 Never have wages been so high as since the outbreak of the war and never in the history of the republic has crime been so universal; and this condition, it must be conceded, has made an unfavorable impression on the morals of the people. A wage based upon competitive ability is frtcf 1aa1 1nt to f,-,.r ft1~ r1,t1 fI.e equal wage paralyzes ambition and promotes prodigality and indolence."
 Concluding. the jurist declares: "If the law may establish a minimum wage for women, it may establish a maximum wage, It may establish the wages to be paid men. If higher wages are necessary to preserve the morals of women, they are equally as necessary to preserve the morals x<f