Evening star., 1936-06-01
NEW YORK WAGE
AWKNOCKEDOUT
BY HIGH COURT
5-4 Ruling Read by Justice
Butler Based on D. c.
Case of 1923.
ACT HELD TO VIOLATE
DUE PROCESS CLAUSE
Hughes, Brandeis, Stone and Car
dozo DISQUALIFICATION Last
of Present Term.
BY JOHN H. CLINE.

The Supreme Court, in a 5-to-4 de-
cision, today ruled unconstitutional
an attempt by the State of New York
to prescribe standard of minimum
wages for women and children.
This important decision, expected
to control similar attempts to fix
wages in other States, was one Of
the courts last official actions at this
term, since it adjourns today for a
four-month vacation. AS has been
the case on most opinion days, the
court room again was crowded with
spectators, several of whom stood on
chairs to watch Associate Justice
Butler read the majority opinion.
Chief Justice Hughes and Associate
Justices Brandeis, Stone and Cardozo
dissented.
The majority opinion held the
State act unconstitutional because it
violated the due process clause of the
fourteenth amendment to the ConSti-
tuition by abridging the freedom of
contract between employers and en-
ployes.
13-Year-Old Precedent.
In reaching this conclusion, the
court was guided by its celebrated
opinion of l3 years ago, in which SIM
liar legislation for the District of Co.
lumbia was declared unconstitutional.
The New York law was challenged
by Joseph Tipaldo, Brooklyn laundry
manager, who was indicted on a
charge of forgery for an alleged at
tempt to conceal violation of the
statutes. He won his freedom on a
writ of habeas corpus and the New
York Court of Appeals then held the
act unconstitutional.
The State then appealed to the Su-
preme Court through the warden of
the prison in which Tipaldo had been
confined
Arguing in defense of the validity
of the legislation, New York officials,
through their counsel, contended the
States statute provided that wages
should not exceed the value of the
SERVICES rendered, while the District
Of Columbia act guaranteed a wage
based solely on the necessities Of the
workers. For this reason, they said.
the court should draw distinction
between the present case and the
earlier decision.
In discussing the local case. en-
titled Adkins VS.. Children's Hospital. -
Justice Butler said:
THE State court rightly held that
the Adkins case controls this one and
requires that Tipaldo be discharged
upon the ground that the legislation
under which he was indicted and i'm
prisoned is repugnant to the due
process clause of the fourteenth
amendment.
Due Process Clause.
"The right to make contracts about
ones affairs is part of the liberty
protected by the due process clause.
Within this liberty are provisions of
contracts between employer and en-
ploye fixing the wages to be paid. In
making contracts of employment,
generally speaking, the parties have
equal right to obtain from each other
the best terms they can by private
bargaining. Legislative abridgement
of that freedom can only be justified
by the existence of exceptional cir
cumstances."
Justice Butler pointed out that
physical differences between men and
women must be recognized in proper
cases and said legislation fixing hours
or conditions of work may properly
take them into account.
But" he added. in referring to the
opinion of the lower court, I'VE can
not accept the doctrine that women
of mature age require or may be SUBJ
jected to restrictions upon their lib
erty Of contract which could not
lawfully be imposed in the case OF
men under similar circumstances.
ITO do so would be to ignore all the
implications to be drawn from the
present-day trend of legislation, a.
well as that of common thought and
usage, by which woman is accorded