The Washington herald., 1922-11-07

District of Columbia judiciary has dec-
= sion been rendered of such far-reaching
importance as that of Justice Van Orsde de-
claring the minimum wage for women illegal 1t
may well become of national, or even interna-
tional, consequence.
The decision is as eloquent it is logical
1t is intended of course, to apply to the local sit
uation where a minimum wage for women work
ers has been a bone of contention for some time.
But it actually constitutes, perhaps. the first
clearly stated opinion from the bench that woman
no longer is entitled to special protection before
the law that hereafter the working girl must
shift for herself without the motherly arms OF
government about her Even those who approve
most strongly of Justice Van Orsdels act cannot
but note the pathos of it all.
We could have wished that the learned JUS
tice had avoided one section of his decision which
is likely to arouse much discussion as his dis
position of the minimum wage itself.
High wages he says, do not necessarily
tend to good morals, the promotion OF the
general welfare. The standard of virtue and
morality is no higher among the prosperous than
among the poor. Their worth cannot be meas
ured in dollars and cents. 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 A wage based upon competi-
tive ability is just"
This is logical enough But afraid
that it is not true. Morals of very poor people
usually are worse than morals OF very rich peo-
pie. Nine girls out OF every ten (probab!y the
percentage runs higher will steal II they
are hungry and have money to buy food Nine
girls out of every ten. if they cannot get the ne
cessities OF life by honest work will get them
somehow.
We are not offering defense OF the minimum
C,K fba 1At,e
sum upon which girl live in reasonable COM
fort there is almost chance whatsoever that
her morals will not decline If she i, forced 10
live on $3.50 or SI4so. If Justice Van Orsdelfs
decision is upheld by the Supreme Cour; we wish
that it could be made matter OF honor among
District employers OF women to pay $1,000 OF
their own free will.
Women may have full equality with men in
the political and commercial world. We are
glad they have. for they entitled to it But
they still lack the physical strength OF men. they
still cannot endure the hardships that can
endure they still cannot live the same mimi
mum amount as men.
If Justice Van Orsdell had been pennless
could have slept in the parks frosty November
nights without seriously endangering his health.
The average girl cannot sleep in the parks at
this time OF year without catching pneumonia.
If Justice Van Orsdell, young man. had
been forced to live So week he probably
could have done SO without serious dctriment to
his morals-but living So week involves a
tremendous amount OF physical hardship for
which the ordinary young is ill-ftted.
Woman has that amount OF equality with man
that the law give her. But she has not yet
attained that degree of equality which only evo-
luton can give her-equality OF physical strength,
equality Of physical fighting power.
If the minimum wage law is based upon
false economics it is we'll enough to be done with
it-but the employer who deliberately would pay
a girl less money than she live on, who de-
Iiberately would drive her to the streets or to
suicide, would be the less cupable, law or
no law.