Evening star., 1937-05-23
WAGE BOARD
Of ; WILL SERVE
WITHOUT SALARY
Commissioners to Ask $12,.
600 Expenses, Begin
ming July |.
CRUCIAL COURT CASE
RESULTS AWAITED
Suit Of Waitress, Laundress
Against Restaurant, Hotel
Tests Retroaction.

A non-salared board of three will
be appointed to administer the Dis
trict's revived minimum wage law,
beginning July /, under plans adopted
yesterday by the commissioners.
Recommendation that the board
be not paid was submitted to the
city heads by a committee consisting
of Judge Fay Bentley of Juvenile
Court, Health Officer George c. Ruh-
land and Welfare Director ElUood
Street. Corporation Counsel Elwood
Seal had suggested that the board
members be paid on per diem basis
for time devoted to the service.
Belief that persons of high type
would be obtained to serve on the
| board without salary was voiced by
Commissioner Allen He said he be.
lieVed money which might be pro-
| vlded for salaries could be better
spent on enforcement of the law.
The Commissioners, acting on the
suggestion Of their committee, will ask
Congress to include an item of $4,000
in the 1888 District budget to pay the
costs of the boards operations. Menu
bers of the old board received no
salary.
Court Results Awaited
! Meanwhile officials were awaiting
with interest the outcome of a crucial
| court battle growing out of revival of
the 1918 minimum wage law.
| Precedent and ruling by the United
States Court of Appeals seem to in.
dicate that employees may lose their
first tilt with District employers in a
battle to determine if the revived law
is retroactive.
If Judge Ellen Raedy. only woman
on the Municipal Court bench. fol.
lows custom and an opinion by the
higher court, she may be obliged to
overrule motions for Judgment filed by
waitress and a laundress against a
restaurant and hotel, respectively.
The employees seek back wages" on
the plea that they should have been
paid $3.50 week-the minimum
fixed by the old Minimum Wage
Board
Oral arguments on the motions we're
heard by Judge Raedy before a
crowded court room last week It will
be two or three weeks, court attaches
say. before the courts decision on the
motions Is made known, as ATTORNEYS
have been given indefinite time in
which to file written briefs in support
Of their arguments.
The motions. which must be dis
posed Of in advance of a formal trial
OF the cases, are based on the con-
tention that afhdavits of defense filed
by the employers are inadequate and
insufficient"
The Court of Appeals ruled last year
in another case, however. that the low
er courts must take a liberal" view in
considering the suficiency of aff-
davits OF defense-thus giving defend
ants wide opportunity to defend them
selves in open court
Detail as to Claims.
The affidavits of defense filed in the
current cases go into great detail as
to claims of local hotel, restaurant
and laundry owners that to make the
minimum wage law retroactive would
impair contracts of employment made
lin good faith" during the dormant
period OF the wage laws hectic ex-
istence.
In oral arguments last Wednesday
attorneys for hotel and restaurant
interests declared that half of these
businesses would face bankruptcy if
70
minimum ordered in 1920 by the de-
funct board.
Counsel for the employees countered
with the assertion that contracts for
lower salaries than that set by the
old board were entered into in de
flance OF public policy" as expressed
by Congress in passing minimum .age
legislation. Even though the Supreme
Court invalidated the law in 1923,
they argued, the employers should
have continued the minimum of
$3.50 weekly If they wished to keep
their hands clean" Having failed
to pay what the board ruled was a
living wage for women in the District.
the attorneys said. the contracts for
lesser salaries are "unconscionable
Regardless of the decision which
Judge Raedy makes in the pending
cases, lawyers for both sides have
said the cases are destined to reach
high courts, in view Of the far-reach-
ing effects on employers and employees
in Washington.
Would File Appeal.
If Judge Raedy should grant the
motions for judgment filed by th-
employees, the hotel and restaurans
representatives plan to appeal at
once.
If the motions be overruled the next
step would be formal hearing of
the cases on their merits before
Judge Raedy. Such a hearing prob.
ably would duplicate to a large extent
the oral arguments previously held.
The losing side in such hearing Is
expected to appeal to higher courts.
With the prospect that the fight even-
tually may reach the United States
Supreme Court.
The sums involved in the claims
filed by plaintiffs in the test cases
are relatively small-neither exceeding
$4O0-but the amount which would be
affected in Washington is said to be
huge.
The plaintiffs are Miss Ruth Cor
nett, waitress, who is suing Dicks
Grill on E street, and Mrs. Gertrude
A. Perry, laundress, whose suit is
directed at the Fairfax Hotel, 2l00
Massachusetts, avenue. Miss Cornett
is represented by Warren E. Miller and
c. L. Dawson, and Mrs. Perry by Irwin
Bolotin and Samuel B. Brown.
Samuel L. Boyd is attorney for the
restaurant and Joseph G. McGarrashy.
counsel for the Washington Hotel
Mems Association. represents the
Fairfax management.