Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-05-20
The Minimum Wage Decision.

LII ING Course OIL meetings RelQ IN
this city during the, past week much
plain speaking has occurred on the
subject OF the recent decision, Of the
Supreme Court in the matter Of the
minimum wage law. One Of the speak
ers, sympathetic with those whom the
decision has exposed TO wage reduc-
lions, has, in effect, in denouncing this
decision, called for a change in the
personnel Of the court in order that
in the future questions of this kind
may not be ruled upon adversely to
the wage-earners.
This sort Of criticism has been heard
repeatedly in the course Of the ma
tons history. Whenever the highest
court has decided against the interest
or the opinion OF a section Of the PEG.
pie the tendency has been to "cuss
the court" to demand it's reorganiza.
ton, or to limit its jurisdiction. II
may be stated that never has an i'm.
portant decision been rendered with.
out such a manifestation Of partisan.
ship, going even to the extreme Of &C.
cusing the members of the court of
Partially and prejudice and almost
10 the point Of direct charge Of undue
influence.
In the matter of the minimum wage
law the court held that the statute was
unconstitutional in that 1t was q price.
fixing measure, and that it abridged
the right Of contract. There can be
no dissent from those grounds Of OBJ
lection. The law was undeniabIy price.
fixing in its effect in that il provided
for a minimum below which no rate
should be paid, not to all workers, but
10 a specified class within the District
OF Columbia. Equally undeniably. it
abridged the right OF contract in for.
bidding the employment Of women in
the District Of Columbia at wages be-
mission from whose Judgment there
was no appeal. 1t did not give the EN-.
ployer equal contractual rights with
the worker. On those grounds the
court, putting aside ethical and moral
considerations involved in this ques.
view that it does not lie within the
powers Of Congress under the Consti.
tuition as it stands to impose such q
limitation.
AS in the case of the child labor
legislation, which the court has SINH
larly declared unconstitutional, there
is no recourse but q change in the
Constitution permitting such enact.
ments. Condemnation Of the court 1t.
self may be a natural reaction on the
part Of those who are distressed, dis
appointed or offended. But it does not
reach the point of the matter. To seek
TO change the personnel Is to ignore
the presumption that the court Is
right in its view Of the Constitution,
however evenly divided it may be in
rendering it's opinion. Seldom has the
Supreme Court ruled upon major ques-
tons unanimously. The most impor-
tant decisions in its history have been
by divided vote, and will continue
doubtless TO be. 1t may be that the
Constitution will be amended as now
jority vote on constitutional questions.
But meanwhile dissent from the opin-
ions Of the court in terms Of con-
domination, of charges Of undue inter
est and class prejudice do not reach
the point OF cure, II evil there be. If
the minimum wage-fiying principle is
demanded by the people that demand
can be expressed and given effect by
constitutional amendment, which. how.
ever difficult, can be accomplished, as
has been shown in recent cases at
fecting the income tax. direct election
of senator's. prohibition and woman
suffrage. Meanwhile there is hope
that those whom the law protected,
while it was in operation, from wage
reductions may not suffer from the
economies of employers who have
heretofore been restrained by the
statute, now set aside as unconstitu.
tional