The north Mississippi herald., 1923-04-13
WAGES CANNOT
Be FIXED BY LAW
Is COURT DECISION
Supreme Bench So Holds in a
Case Brought to Test Act
Fixing Minimum Wage
Majority of the Court Based
Its Opinion Broadly on the
Right of Contract.

WdshlnsConp April Wages can
not be fixed by law, the Supreme
Court dividing five to three held to-
day in case of an act of Congress
fixing minimum wages for women
and minor girls in the District sof
Columbia.
The decision was delivered by JUS
tice Sutherland, Justices McKenna,
Vandeventer, McReynolds and But
Ter joining with him. Chief Justice
Taft delivered dissenting opinion
for himself and Justice Sanford
White. Justice Holmes read a dis
senting opinion which followed in
its main features that of Chief Jus
tice Taft. Justice Brandeis did not
participate in the decision.
Must Be Free OF Restraint.
The majority of the court based
its opinion broadly on the right of
contract, insisting that while laws
could be enforced to regulate work
ing conditions, the employer and en-
ploye between themselves must decide
what wages are acceptable.
The minority contended there was
no greater police power in Congress
and the state Legislatures to regu-
late working conditions than to reg
ulate wages and that as there has
4
been wide uniformity in holding, it
followed in their judgement, that
wages were also proper subject for
legislation.
Interferes With Freedom Of Contract
Justice Sutherland pointed out
that the minimum wage law was "at-
tackled upon the ground it authorizes
an unconstitutional interference with
the freedom of contract included
within the guarantees of the due
process clause Of the 5th. admend-
ment." The right to contract "about
tones affair."" he stated, ''is a part
of the liberty of the individual pro-
tected by this clause" The fact, he
asserted, was Settled by the deci-
sions of this court and is no longer
open to questioning"
within this liberty, are contracts
of employment of labor" the major
| ity opinion continued. "In making
such contracts, generally, parties
have an equal right to obtain from
each other the best terms they can
as the result of private bargaining"
Exceptions Are Rare.
Legislative authority to abridge
the right of contract can be justi-
fled, Justice Sutherland stated, only
by the existence Of exceptional cir
cumstances. Among the exceptions
to the broad rule which had been sus-
tanned by the courts, he said, were
statutes fixing rates and charges to
be exacted by business impressed
with work, those prescribing the
character, methods and time for pay
ment of wages and those fixing hours
Of labor.
Justice Sutherland, declared the
law under attack, was not one "deal-
ing with any business charged with
public interest or with public
work, or to meet and tide over tenn
porary emergency"
.It has nothing to do" he said,
with the character, methods or pc
riods of wage payments. 1t is not
for the protection of persons under
legal disability or for the prevention
of fraud. 1t is simply and exclu-
cively a price-fixing law confined
to adult women, (for we are not now
considering the provisions relating
to minors) who are legally as capable
of contracting for themselves as
men,"
No Relation To Earning Power
| The majority opinion criticized the
law on the ground that the price
fixed by the board (set up to adj
minister its provisions) need have
no relation to the capacity or earning
power of the employe, the number
of hours which may happen TO consti-
tute days work, the character of
the place where the work Is to be
done or the circumstance of sur
, rounding of the employment"
at is based wholly" the opinion
added. ION the opinion Of members of
the board and their advisers-per-
haps an average of their opinions,
} if they do precisely agree as to
[ what will be necessary to provide
living for a woman, keep her in
/ health and preserve her morals"
r Justice Sutherland said he was not