Evening star., 1937-03-30

its character and operation Is like
hundreds of so-called police laws that
have been upheld" 261 U. S., p. $40.
And Chief Justice Taft forcibly point
ed out the consideration which Is basic
| in statute of this character: Leg
islatures which adopt requirement
Of maximum hours or minimum wages
may be presumed to believe that when
sweating employers are prevented from
paying unduly low wages by positive
law they will continue their business,
abating that part Of their profits,
| which were wrung from the necessi-
ties of their employees, and will con-
cede the better terms required by the
law and that while in individual
cases hardships may result the re-
Striction will enure to the benefit Of
the general class of employees in whose
interest the law is passed and SO to
that Of the community at large"
ID, p. 563.
Adkins Case Is Held
Departure in Application.
We think that the views thus ex-
pressed are sound and that the deci-
sion in the Adkins case was a de-
parture from the true application Of
the principles governing the regula-
ton by the State of the relation OF
employer and employed. Those princi-
Piles have been reinforced by our sub
sequent decisions. Thus in Radice VS..
New York, 264 S. 292, we sustained
the New York statute which restricted
the employment of women in restau-
rants at night. In O'Gorman vs.. Hart
ford Fire Insurance Co., 282 U. S. 251,
which upheld an act regulating the
commissions Of insurance agents, we
pointed to the presumption of the con-
stitutionality of a statute dealing with
subject within the scope Of the po-
lice power and to the absence of any
factual foundation of record for de-
Gliding that the limits of power had
been transcribed. In Nebbia VS.. New
York, 29l U. S. 502, dealing with the
New York statute providing for min
imum prices for milk, the general SUBJ
ject of the regulation Of the use OF
private property and Of the making
of private contracts received an ex-
haustive examination and we again
declared that If such laws have a
reasonable relation to a proper legis-
| lative purpose, and are neither arbi-
trary nor discriminatory, the require
ments of due process are satisfied;
that with the wisdom Of the policy
adopted, with the adequacy or prac-
ticability of the law enacted to for
ward it, the courts are both incom-
petent and unauthorized to deal';:
that times without number we have
said that the Legislature is primarily
the judge of the necessity of such an
enactment, that every possible pre-
sumption is in favor OF its validity,
and that though the court may hold
views inconsistent with the wisdom of
the law, it may not be annulled unless
palpably in excess OF legislative power"
ID, PIP. 537 538.
With full recognition of the earnest
ness and vigor which characterize the
prevailing opinion in the Adkins case.
we find it impossible to reconcile that
ruling with these well-considered
declarations. What can be closer to
the public interest than health of
women and their protection from un-
scrupulous and overreaching employ
ers? And If the protection Of women
Is legitimate end Of the exercise Of
State power, how can it be said that
the requirement Of the payment of
minimum wage fairly fixed in order to
| meet the very necessities OF existence is
not an admissible means to that end?
The Legislature OF the State was clear
| ly entitled to consider the situation
| Of women in employment, the fact
that they are in the class receiving
| the least pay, that their bargaining
power is relatively weak and that they
are the ready victims Of those who
would take advantage Of their necessi-
tous circumstances. The Legislature
was entitled to adopt measures to re-
duce the evils of the sweating sys-
tenn" the exploiting of workers at
wages so low as to be insufficient to
| meet the bare cost of living thus max
ing their very helplessnes the occa-
sion Of most injurious competition.
The Legislature had the right to con-
slider that its minimum wage require
ments would be an important aid in
carrying out Its policy of protection.
The adoption of similar requirements
by many States evidences deep
seated conviction both as to the pres
ence Of the evil and as to the means
adapted to check it. Legislative re-
sponse to that conviction cannot be
regarded as arbitrary or capricious
and that is all we have to decide.
Even if the wisdom Ct TIE Poncy De
regarded as debatable and its effects
uncertain. still the Legislature is en-
titled to its judgment.
There is an additional and compell-