The Washington times., 1937-04-06
DELAY ASKED
IN OPERATION
UNTIL AY1
Supreme Courts Rule
Reinstated Old Act,
Leaders Are Told
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publicly based their action on the
opinion of Corporation Counsel Ell
wood Seal, who has maintained
the Districts minimum wage law
is effective ever since the startling
reversal of form by the Supreme
Court of the United States which,
in the Washington State mini
mum law case eight days ago, de-
clared that the court turned
about face" on the Districts law.
The ruling was made effective
with the simple words "Our con-
clusion is that the case of Adkins
VS.. ChildrenS Hospital, supra,
should be and is, overruled."
ReinStated BY Reversal
The Adkins case is the famous
case in which by 5-4 decision the
Supreme Court knocked out the
Districts minimum wage law and
which by a 5-4 decision eight days
ago comes to effective life again.
The Presidents communica-
lions to the Vice President and
the Speaker are identical and read
as follows:
"Sir:
Fourteen years have elapsed
since the Supreme Court, by its
decision in the case of Adkins v.
ChiIdren's Hospital 261 U. S.
525, rendered the District of
Columbia minimum wage law in
operative. / submit herewith
the opinion of the Attorney Gen
eral which makes clear that the
recent decision of the Supreme
Court, in the case of West Coast
Hotel Company v. Parrish, over
ruling the previous decision, has
rendered the statute once more
effective.
SUGGESTS SHORT DELAY
'Tn view Of the long interval
during which it was impossible
to administer the statute many
developments have taken place
and the Congress may desire to
consider whether the act should
be administered in accordance
with its present terms or whether
any amendments or other
changes are desirable. Under
these circumstances I have sug-
gested to the Commissioners OF
the District of Columbia that
they delay. at least until the
first of May, the appointment Of
the Minimum Wage Board, for
which the act makes provision.
SHOULD no action be taken by
the Congress in regard to this
matter, 1 assume that the Com
missiOners of the District Of Co
lumbia will appoint o Minimum
Wage Board and that such
other steps as may be necessary
to administer the act will be
taken, including the preparation
Of estimates for a suitable ap-
preparation"
The Presidents letter transmit
ted Attorney General Cummings
opinion holding that when the
courts override a prior statement
of unconstitutionality, the statute
is revived again and is immediate
ly effective.
Cummings Opinion
In his opinion Attorney Gen.
eral Cummings said:
"In answer to your request Of
April 2, 1887, for my opinion re-
specting the present status Of
the District of Columbia mini
mum-wage law, in view Of the
recent decision Of the Supreme
Court in the case of West Coast
Hotel Company VS.. Parrish over
ruling the case of Adkins W.
Children'S Hospital, 261 U. s.
SIS, 1 have the honor to advise
you as follows:
"The District Of Columbia
minimum-Wage law was ap-
proved and became effective ON
September Is, 1918 &c. IVA, 40
Stat. 1901. The act provided
for its administration by q mini
mum-wage board to be appointed
by the Commissioners of the
District of Columbia. 1t further
provided for the organization of
the board and defined its powers
and duties. The board appointed
under the statute, acting in pur.
suaEce thereof, issued its order
prohibiting the employment in
the District of Columbia of
women or. minor girls in GER
tain industries at less than at
prescribed wage per month.
The ChildrenS Hospital sought
to enjOin the board from en-
forcing its order against the
hospital An injunction issued
was sustained by the Supreme
Court in the case of Adkins
VI. Children'S Hospital, decided
April 8, 1923, on the ground
that the statute was uncOnsti-
$4,000