New-York tribune., 1922-11-07
Minimum w age
Is Held Illegal
LIN W Washington
District of Columbia Court
Says No Greater Calamity
Could3efallW orkers Than
to Have Pay Fixed by Law
Board to Appeal Decision
Justice Calls Act Paternal-
ism and Holds 1t Takes
Away Right of Contract
From The Trtauna,a Waahinnton Rureo,

Ffom 1he 1rt6une'S Washington Bureou
WASHINGTON, Nov. 6.-Property
right in labor was recognized 5o-day,
when the minimum wage law for the
District of Columbia was declared un-
constitutional by the Court of Appeals
of the District. The opinion was by
Justice Josiah A. Van Orsdel The case
decided was that of the Children's Hos
pital, which sought to restrain the
Minimum Wage Board from enforcing
an order requiring it to pay its women
employees not less than $1650 a week,
or $71.50 month.
Justice Van Orsdel in his ruling held
that mo greater calamity could befall
the wage earners Of this country than
to have the legislative power to fix
wages upheld"
While the law which was knocked
out is limited to the District of Co.
lumbia, the decision is of especial mo-
ment because from time to time there
have been movements in Congress to
enact legislation on this subject of
nationwide scope. Advocates of mini
mum wage legislation have also pointed
to the District law as a model for the
legislatures Of the states.
Will Appeal to Supreme Court
The Minimum Wage Board will ap-
peal to the Supreme Court of the
United States, and the question ulti-
mately will be fought out before that
body. The decision affects over 1880
women and minors in Washington
stores and industries.
In the course of the opinion Justice
Van Orsael spoke thus of wage fixing
by Congrcses
at would deprive him of the most
sacred safeguard which the Constitu-
tion affords, to take from the citizen
the right to freely contract and sell his
labor for the highest wage which his
individual skill and efficiency will COM
mand. The laborer would be reduced
to an automaton--a mere creature of
highest degree, and the struggle of the
centuries to establish the principle
that the state exists for the citizen,
and not the citizen for the state, would
be lost"
No Leeway for Discretion
Justice Van Orsdel further says:
"We are here called upon to weigh
the subject-matter Of certain legis-
lation in the balance of the Constitu-
tion-the general power of Congress
to fix wage contracts between private
individuals. If Congress may estab-
lish minimum wage for women, it
may establish maximum wage, or it
may name fixed wage. If it may
regulate wages for women, it may by
the exercise of the same power, estab-
lish the wages to be paid men. The
power of Congress to fix wages be-
tween private individuals is either
constitutional or unconstitutional.
There is no leeway for legislative or
judicial discretion.
"a fundamental principle is in
eolved, and it does not lie in the
courts to declare law fixing the
wages of women constitutional and a
law fixing the wages of men uncon-
stituticnal. The moral stimulus in
the one instance is no greater than in
the other. Ii higher wages are es-
sential to preserve the morals Of
women, they are equally essential to
preserve the morals of men.
"This leads to another angle. If
tContinued on page nine)