Evening star., 1923-04-12
SEEKS T0CURB
SUPREME COURT
Representative Frear to
Start Drive as Result of
Minimum Wage Decision.

Declaring that "the climax of judge
made law has been reached In the de-
cision of the United States Supreme
Court ruling that the minimum wage
law of the District is unconstitutional.
Representative James A. Frear of Wis
>consin, leader Of the progressive bloc
in the House, has announced that he
will organize a drive in the next Con-
gress to curb that tribunals power to
nullify acts of Congress.
Representative -Frear is father of a
bill which would require eight of the
Justices to concur in an opinion hold
Ing a law unconstitutional. but in the
light of the minimum wage decision he
says he is now ready to require a
unanimous decision.
= This pronouncement for the progress
sive contingent is significant. following
so closely upon a prepared statement b.
Senator Fess of Ohio, recognized as on,
of the conservative leaders. favoring
legislation that would require concur
rent agreement by six of the nine JUS
tices before law can be set aside.
Views of Justices.
In stating his views regarding the
minimum wage decision, Representa-
tive Frear said:
Under repeated decisions the court
has stated it will act only when un-
constitutionality is beyond reason
able doubt. Justice Holmes, one OF
the strongest members of the court
and one of the oldest in point of
service. says the power of Congress
to act is absolutely free from doubt.
Chief Justice Taft and Justice San
ford also upheld the power of Con-
l.
dicial experience is extended. Justice
Brandeis long ago placed human
rights above dollars, although he did
not participate in the decision.
Justice Sutherland who has just
donned his robes of office, declares
that the House and the Senate, OF
til defeated for reelection. are both
wrong. He received an appointment
from his former colleague in the
Senate, President Harding, and there
ninety-six senators of whom he was
formerly but one, and greater than
the executive who appointed him, and
greater than 435 representatives who
helped pass the law.
Without constitutional right to
pass upon any acts of the two CO.
ordinate branches of Congress, one
man with that background, however
not the law. and his decision is ac-
cepted because of the respect We hold
Tor the court
Judges Not Infallible.
Individually and collectively, !
Join in respect for the court, but
men on the bench are not infallible.
and it has never been better evil
denced than by the minimum wage
decision. The income tax decision,
the stock dividend decision, the New
berry primary expense decision, and
now the minimum wage decision, all
of vast Importance to the country. all
strangely fought by big business in
terests, were all decided by five
"This decision inferentially sets
aside laws by Congress under a power
absolutely free from doubt and also
laws of the same tenor passed by sew
eral of the states, by bare majority
of one judge, although he and some
of his four associates are practically
novitiates on the bench.
'The minimum wage decision is the
latest and most persuasive argument
in favor of unanimous court deci-
sions and for salutary law along
the line of the Ohio constitution. The
opinion of four distinguished judges
of the court, nor of the American
Congress. nor of the executive, who
makes judges, nor it is likely to re-
main long.
Calls Decision Calamity.
The Supreme Court decision rs noth-
ing short of a calamity" to woman
workers. Mary Anderson, director Of
the women's bureau of the Labor De-
partment, said in formal statement.
During the past four years. she
said. the womens bureau has in
vestigated wages of more than 12O.-
900 women, and we have found that
10000 Of these made less than SIG
week. and that more than 10000 made
less than $40 in one week. AS one
means of remedying this situation,
many of US have pinned our hopes on
the operation Of minimum wage laws.
Rely on Public Opinion.
Public opinion, l think, can be
depended on in the long run to de-
eide that no employer has a moral
right, even though the Supreme Court
decision gives a legal right, to pay
woman less than a living wage.
Progressive employers, of whom.
fortunately. there are large numbers
in this country, can also be relied
upon to spread the doctrine that the
lowest paid worker is not by any
means the cheapest worker.