Evening star., 1936-06-04

stitution which reads as follows:
Men and women shall have equal
rights throughout the United States
and in every place subject to its
jurisdiction"
If such an amendment had been
In the Constitution this week, the de-
cision of the Supreme Court of the
United States on the so-called mini
mum wage law would probably have
been 9 to 0 in rejecting the New York
law.
Butler Follows Reasoning.
AS it was, an examination Of the
majority opinion of the Supreme
Court shows that Justice Butler fol-
lowed in many instances the language
and the reasoning of a brief sub
mitted to the Supreme Court on be-
half of the National Woman's Party,
the National Association of Women
Lawyers, the Bindery Women's Union.
Local No. &c of the International
Brotherhood of Bookbinders, the
Brooklyn Manhattan Transit Wom-
ems League, the Business Women'S
Legislative Council of California and
the Women's Equal Opportunity
League of New York.
In that brief, for instance, Burnita
Shelton Matthews and Rebekah Scan
drett Gresthouse, appearing as coun-
sci for the aforementioned organiza-
tions, asked the Supreme Court Of
the United States to declare the New
York law unconstitutional and said:
The effect of this law is to pro-
mote unfair competition between men
and women workers and to drive
women out of employment -.
To take from women freedom to
contract to work for wages for which
men may work in practically every
occupation in an entire State is to
hold that the right to labor for paw
is primarily the prerogative of the
male and that women are wards or
serfS who are only allowed to work
for special wages under special su-
perslon and subject to special Gov
ernment regulations. Such a system
is at variance with our system of law,
which is based on the fundamental
principle of equality
See Way to Higher Pay.
"One class of American citizen is
Just as much entitled to employment
as another class. The limited op-
portunities of women in the industrial
world, as everywhere else, often
women to offer their services at lower
rates than men do. When prejudiced
union rules and legal restrictions are
relaxed sufficiently to admit women
to all callings which they are capable
of following they will undoubtedly
be able to demand higher pay. The
teaching profession was underpaid
foT years because it was practically
the only profession open to women.
AS soon as educated women began
to find opportunities in other fields
teachers salaries improved. Women
IN business and the professions know
the temptation of overcoming the
prejudice by lowering charges and
fees. 1t is really not strange that
each group Of workers opposes the
entry OF women into its ranks The
remedy is matter of opening all
doors, not in weighing the scales
still further against the woman
worker"
Then on top of this has come a
formal statement from Jane Norman
Smith Of the National Woman's PARTY
declaring that the Supreme Court
decision this week was victory for
women" pointing out that the hotel
and restaurant associations had
publicly declared that if the law was
upheld in New York. they would be
Obliged to discharge thousands of
women employees. 1t was estimated
that $4,000 women were employed in
restaurants and hotels.
Requirements Charged.
Ample testimony, according to the
statement, has been given in Ohio
Oregon and Massachusetts that mini
mum wage laws resulted in the dis
charge Of women and the hiring of
noys or men. The statement then
adds:
Matthew Vol, vice president of
the American Federation of Labor,
stated on April 27, 1888. at a hear
ing before the House of Representa-
yves Committee on Labor that if
male workers withdrew their oppo-
sltlon TO minimum wage legislation
they may well understand that thev
have again become Serfs. not under
domination of employers as such. but
OF the Nation William Green presi-
dent of the federation has voiced
thes opposition of organized labor IN
minimum wage laws for men on the
ground that the minimum tends to
become the maximum but they would
not object to it for women. Women
are wary of gift than men do not
want for themselves"
President Roosevelt has said that
there exists a "no-man's land" on
this subject of fixing minimum wages
since the Supreme Court of the United
States had this week decided H1at
neither the Federal nor the State
governments had the power to fix
wages as such.
AS a matter of fact, what exists
Is an every mans land" and 1t ought
also, be called every woman's land"
this being the area of rights reserved
to the people themselves by the tenth
amendment of the Constitution, which
says:
THE powers not delegated to the
United States by the Constitution
nor prohibited by it to the States,
are reserved to the States respectively
, or to the people,"
People Final Recourse.
That little phrase "or to the peo-
pie" means that only the people can
say whether any new rights shall
be subtracted from them, such as
the liberty to contract freely for wages