The Washington times., 1937-03-30
FEDERAL RIGHT
IN FIELD STILL
UNDECIDED
States Authority to
Fix Scales Upheld
as Roberts Shifts
BY WILLIAM S. NEAL
International News Service


The Supreme Court today paved
the way for vast extension Of
State power in the field of mini
mum wage and other social legis-
lation, but the question of SINH
lar extension of Federal power
was unanswered.
Congressional lawyers, studying
the 5-to-4 decision in which the
court reversed its own 1928 deci-
sion and held constitutional the
State of Washington law fixing
minimum wages for women, saw
many far-reaching consequences.
The opinion of Chief Justice
Charles Evans Hughes, these law
yers believed, was so comprehen-
sive that State minimum wage
laws for both men and women
can be upheld, possibly hours of
labor controlled and many objec-
tives of national NRA legislation
can be reached by State action.
Security Fate Uncertain
In spite of this decision and
the high courts unanimous decl-
sion holding constitutional the
Railway Labor Act-which COM
pels collective bargaining-fate Of
the Administration National La
Dor Relations law and Social Sc
curity Act, was still clouded in
uncertainty.
The court in the railway labor
case found that Congress has
broad power to destroy company
unions and prohibit interference
with union organization, but
whether the court will say that
Congress had this power in deal
ing with manufacturers was still
to be determined.
State Power Upheld
Significant language was used
by Chief Justice Hughes in hold
ing that States can fix minimum
wages for women. He said:
The legislature was entitled
to adopt measures TO reduce the
evils of the sweating system
the exploiting of workers at
wages so low as to be insufficient
to meet the bare cost Of living
thus making their very helpless
ness the occasion Of q most in
furious competition"
The same reasoning, say Con-
eressional lawyers, might cause
the court to uphold State mini
mum wage laws for men as well
as women. But, they added, it does
not mean that the Federal Gov
eminent, lacking the police power
of the States, can do the same
thing on a national scale.
Robinson Praises Ruling
New deal lawyers were jubilant
over the series of victories won in
the court yesterday. The victories
included decisions upholding the
Frazier Lemke three year farm
moratorium law, the national fire
arms law and the Virginia milk
price-fixing law.
High praise was given the
courts decision by Senator Rob
tnson, of Arkansas, majority
leader Of the Senate, and others.
But some members taunted the
court.
Representative Maverick D)
Of Texas, said:
1T lOkS like the Supreme
Court has been reading the
newspapers"
Senator Wheeler CD Of Mon
tana, pointing out that Congress
revised the Frazier-Lemke act
which was upheld, said that poor
craftsmanship caused the court to
hold many New Deal laws invalid.
Drafting Of laws, he said, was en-
trusted to young lawyers without
experience instead Of the expert
enced lawyers of Congress taking
the responsibility.
Roberts Changes
Some friends of the court main
tained that the court would have
reversed it's old ruling and held
minimum wages valid when it de-
cided the New York minimum
wage case last year had it not
been for peculiar legal circum-
stances.
The New York minimum wage
law came to the court solely on
the question of whether the State
court was right in holding that
the law was similar to that voided
in the Adkins case here. Thus,
they say, the court did not have
authority to go beyond and over
rule the earlier minimum wage
decision in the law applying to
the District of Columbia.
Justice Owen J. Roberts, young
est member of the court in point
of age, voted with the majority in
the New York case. His change
of vote made the reversal possible.