Evening star., 1936-06-02
RECESS FOLLOWS |
WAGE LAW UPSE'
Supreme Court to Meet
OCtober-Green to Seek
New Act.
BY JOHN III. CLINE.

Aho 0upIcHS OOuTL bOQay began LII
Summer recess after a final sessio
yesterday in which it invandated
New York statute prescribing mini
mum wages for women.
The court will not convene ag4
until October, but it Is expect
numerous cases will be submitt
during the Summer for action nj
Fall.
In its New York wage law decisil
concerning which justices divided s.
4, the court laid down an interpret
ton of the constitution which woE
seem to bar any State or Fed4
wage and hour regulation. Althot
the ruling applied specifically only
the New York act. it apparently p
control similar bills in a number
other States.
Green Pledges Fight.
The decision brought an immedid
reaction from labor interests. Villa
Green, president of the Americ
Federation of Labor, last night issu
this statement concerning it:
THE decision can only be regard
as another blow to labor and
friends throughout the country.
The one ray Of hope to lab
arising out Of the decision is to
found in the 5-to-4 opinion Of d
court. We hope that a study of Il
decision will show that a way can st
be found to enact a minimum wa
law which can and will be held cor
5titutional.
Labor will fight on. 1t cannot ar
will not assume a defeated attitud
in its fight for the enactment Of sociI
justice legislation"
The majority opinion hinged on
of the due proce+
clause of the fourteenth amendmer
to the Constitution, the five justicd
agreeing that the statute abridged TIL
freedom Of contract.
Hughes AssaiIs View.
This view was assailed in vigorouI
language by Chief Justice Hughes ii
his dissenting opinion.
Il can find nothing in the Federa|
Constitution. he said, which deniel
to the State the power to protecI
women from being exploited by over
reaching employers through the rel
fusal of fair wage as defined in TIN
New York statute and ascertained IN
a reasonable manner by competent
authority"
Justice Roberts sided with Justice
Butler, Van Devanter. Sutherland and
in reaching the majority
opinion, which was based squarely OF
the l3-year-old decision in Adkins vs
Children's Hospital, a ruling invan-
dating similar legislation in the Dis.
trict of Columbia.
The majority opinion, read by Jus.
tice Butler, said in part:
The State court rightly held thai
the Adkins case controls this one anc
requires that relator "a laundry man
ager indicted for failing to pay tbs
wage fixed in the statute) be dis.
charged upon the ground that the
legislation under which he was in
dicted and imprisoned Is repugnant
to the due process clause of the four
teenth amendment"
Women's Ages Considered.
Justice Butler agreed 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, quoting the opinion
of the New York State Court Of Ap-
peals, I'VE cannot accept the doctrine
that women of mature age require OF
may be subjected to restrictions upon
their liberty of contract which could
not lawfully be imposed in the case
Of men under similar circumstances
He said the present case involved
no question" as to the validity Of tht
requirement in the same law fol
minimum wages to boys and girl
under 81.
New York officials, defending thu
law. had asked the court to distinguish
between it and the Adkins case on tn,
ground the present statute provided
that payment should not exceed thi
value Of the services rendered, whit
the District act guaranteed a wag
lA1T he ~ III
workers.
Would Prevent Abuse.
After declaring he could not agr4
that the present issue should be gov
erned by the decision in the AdkiIt
case, Chief Justice Hughes added:
while it is highly important L
preserve that liberty (of contract
from arbitrary and capricious intet
ference. it is also necessary to pre-
vent its abuse, as otherwise It coult
be used TO override all public inter
ests and thus in the end destroy th'
very freedom of opportunity 1t Is de
signed to safeguard"
Justices Stone, Brandeis and Car
dozo agreed with Hughes, but alsc
joined in a third opinion expreSsinl
an even broader view.
Evidently referring to a section o.
Justice Buffers opinion, Justice Stone
speaking for the three, said
There is a grim irony in speakin;
of the freedom of contract of thos'
who, because of their economic neces.
sities, give their service for less thar
is needful to keep body and soul to-
gether."
Taft Petition Dismissed
The court also granted a Govern.
ment request to dismiss a petition fol
a review of Robert A. Taft's suit II
compel the United States to pay hin
SLOT interest on a gold bond called
in advance Of the maturity date. Tht
request for a decision was presented
by the Court of Claims after Taft
son Of the former President and Chic;
Justice, had filed his suit in that tri.
bunal
In another action the high court
refused to pass on a test case TO de.
termine the right Of the Federal
to regulate intrastate ali
Corlis Sims, who was sentenced II
serve from one to three years fol