Evening star., 1923-03-14
MINIMUM WAGE
+ TEST CASE HEARD
Arguments, Begin on D. c.
/ Law Before the Supreme
y Court.
VALIDITY IS QUESTIONED
Several States Having Similar
4 Laws Have Intervened in
& Litigation.

trdct minimum wage board against
the Chlidren's Hospital and others
commenced in the United States Su-
pfeme Court today. The case involves
tie constitutionality OF the minimum
wage law on appeal from the Court
81 Appeals. Corporation Counsel
Stephens and Felix Frankfurger 'ap-.
nzared for the minimum wage board.
shpe1lant. and c. B. Ellis, ]. w. Folk
ssId Wade H. Ellis for the Children's
hospital, appellee.
Several states interested in mini
n,;,,n wage laws have intervened in
the case as friends of the court
would Enjoin Enforcement.
Mbe case involves appeals from me
Court of Appeals OF tne uos-
s.rantine bills by the Children nus
pftai and Willie a. lyons, aee board
~ the District of Columbia ana 70
enYoin its enforcement because OF ths
uriconstitutionality of the niStr ,;nns
minimum wage law. ,a Lwo Eirst'
TIA. Jurisdiction Of the Court OF hp-
ueals and second the constitutionaity
H-ounseI for the appellants in their
hgief. which SUMMARIES th 'n nueetion
~ iurisdiction that only the Court OF
A4,peals as a court and not Mr.. JUS
tIa Robb as an individual member
Of the court had power 10 pass on
the jurisdiction OF N Mr; ,hH ouSis1e SiSposition
oFthe original motions for rehearing.
Rsrther Mr. Justice STANFORD was
,Semher of the Court Of Appeals TOT
the purposes of these cases ana cor
tinped 70 be eIa, speh dispositien 4 POSITION of the
cSuses, including motions for renear-
Ing which he was designated 10 near
and decide.
%I-he outline of the argument on
c6nstitutionality was contenaosn sad Ina, on
.vrhe presumption to be ACCORDED an
AT OF Congress-that 1t be respected
,Iy,1ess transgre ssion OF the Constltu
ton is shown beyond raional
dsubt"-amply sustains the Dlserlc1
oy Columbia minimum wage law. par
tfenlarlv IN view OF the circumstances
of it's enactment Congress oy TINS
legislation aimed at ends that are
legitimate and within the scope OF
the Constitution"
Says Means Are Appropriate.
#.rbe means selected by Congress
are appropriate and plainly aoapteu
10 accomplish these ends. NO right
-. The pIaintfffs secured under the
Constitution prohibits the use OF
these appropriate means so aoopeeo
by Congress to accomplish tnese
,egitimqte Ss caSrt snds Of ap Appeals erects
tions of policy into constitutional
prohibition"
Counsel for the appellants also con-
tended that 1T is not aroitrary, wan
ron or spoliative for Congress TO re-
nnire the consent of the board before
allowing wage contract anectlng
women at below cost. but a Vaiio
exercise of the police power because
of the actual handicaps OF women IN
industry, nor for Congress to require
employers to pay the cost OF womans
ut is not arbitrary, wanton, or
epoliative for Congress to require en-
pioyers to pay the cost of womans
labor. nor for the state to require the
consent of the board before allowing
wage contracts of women workers at
below cost, because that Is a reason
able exercise of power to roster the
productivity Of industry.
"It Is not arbitrary, wanton or
spolfative for Congress to require the
employer to obtain license from the
board before he can buy womans
labor at less than cost, because that
is a reasonable means OF preventing
cut-throat and unfair competition be-
tween manufacturers; nor for Con-
gress to require the consent OF the
board before allowing woman en-
uIoyee to sell labor below cost, be-
cause that is a reasonable means for
preventing unfair competition between
women employees.
Action Not Arbitrary.
"The action of Congress was not
arbitrary, wanton or spoliative be-
cause the direct interest Of the Dis
trict In these particular wage con-
tracts affecting women gave It spe-
cial justification for controlling ,t9 them them.
erty' are either merely nominal like
the so-called liberties or hypotheti-
cal and unsubstantiated: and there
fore. were not dealt with arbitrarily
or wantonly or as spoliatton. The
so-called liberties Of which the
plaintiffs claim to have been deprived
were merely fanciful and theoretical
and not substantial. Therefore it
.spoliation. 500 tito for Congress to allow
great public interest to prevail over
them"
"The presumption to be accorded an
act of Congressional 1t be respected
tion is shown beyond a rational
doubt'--amply sustains the District
of Columbia minimum wage law, par
ticularly in view Of the circumstances
"In considering this legislation.
Congress was dealing with a practi-
cal problem which had been pressing
upon the attention Of many legisla-
lures. Congress was acting upon an
experience which had amply justified
itself in different parts of the
country.
Counsel contended that the con-
troversy reduces itself to an applica-
tion of Marshall's canon of constitu-
tional construction to the concrete
facts of modern Industrial life, and,
more particularly. to those in the
District:
Let the end be legitimate, let 1t
be within the scope of the Constitu-
tion, and all means which are appro-
PIRATE, which are plainly adapted to
that end, which are not prohibited,
but consist with the letter and spirit
of the Constitution. are constitu-
tional."
Does Not Follow States.
Counsel pointed out that Congress
did not casually follow state legfsla-
ton. 1t was not content to rest upon
a body OF state laws, uniformly sus-
tanned by the courts and vindicated,
since 1918, by the trial Of experience
The Senate and House committees on
the District of Columbia held hear
ings on the needs of this legislation.
in view Of the conditions prevailing
in the District.
mo one appeared in opposition to
the bill. A remarkable circumstance
any previous legislation hearings on
a measure affecting wage legislation
in this country was the appearance
Of the Official organized body OF en-
pioyers-the Merchants and Manu-
facturerS Association OF the District
who sent their representative to
isaEIGREnNEMElaI1EIGIHE
g. RHODES IS