Evening star., 1937-05-12
ALLEN T00PP0SE
BASE WAGE LAW
FOR MEN IN D, c.
Request to Amend Old Act
Declared Unlikely, With
Unions Against It.
JULY | EARLIEST DATE
MEASURE CAN OPERATE
Judge Fay Bentley Is Chairman of
Special Committee to Study
Ramifcations.

Amendment of the District minimum
wage law to extend its application to
men as we'll as women and minors, was
opposed today by Commissioner George
E. Allen.
He said it was unlikely the Com
mlssioners would ask Congress to
change the law to bring adult male
workers within provisions of the act,
which was declared unconstitutional IA
years ago, but was revived about five
= weeks ago by decision of the United
States Supreme Court.
Allen said he had been advised that
organized labor, generally speaking,
was opposed to fixing of minimum
wages for men by law.
The Commissioners anticipate it
will be possible to place the minimum
wage law in operation again on July
l, providing Congress in the mean
while appropriates relatively small
sum for administrative purposes.
Group to Study Ramifications.
The Commissioners today took no
ofaclal action in this regard except to
name committee to study questions
concerning the laws operation and the
amount of personnel needed and the
necessary administration funds. Judge
Fay Bentley of Juvenile Court was
named chairman. The other members
are Elwood Street, welfare director,
and DR.. George C. Rutland, health
officer.
The District Subcommittee of the
Senate Appropriations Committee will
begin hearings shortly on the mu-
nlclpal budget for the next fiscal year
AT that time the Commissioners are
expected to be ready to ask for neces-
sary funds for the minimum wage ad-
ministration.
The city heads had before them
today four recommendations from
corporation Counsel ElWood Seal. They
are that Congress be asked for ad-
mnlstrative funds; that a six-month
test be given the law, beginning July l,
before proposals are considered for
amendment of the present law; that,
meanwhile. there be study Of pos
sibility of q minimum wage law for
men. and that members of the
minimum wage board to be appointed
by the Commissioners be paid on a
per diem basis
Official action on Seals program
Is to be withheld until the committee
just named submits its report.
Court Contest Looms.
Meanwhile the way was paved in
Municipal Court for an important
legal debate there next week on the
validity of revival of the minimum
wage law.
Opposing counsel in a crucial test
case, scheduled to be heard today,
were granted continuance until next
Wednesday so they could discuss stip-
ulations intended to limit the argu-
ment to questions of law"
The case itself involves only S335-
claimed by a waitress as back pay"
for SIS weeks-but the suit is of far
reaching interest in business circles,
rs a decision adverse to employers
might involve thousands of dollars in
retroactive compensation to minor
personnel.
Samuel NJ Boyd, attorney for Rich
ard E. Ashby, trading as Dicks Grill,
q downtown restaurant, and G. L.
Dawson of counsel for Ruth Cornett,
waitress, who is the plaintiff, told re-
porters after the postponemt t that
they will attempt to agree on facts
OF the case in order to direct their
arguments to two main issues:
l. Did the United States Supreme
Court revalidate the old District
minimum wage law by its recent rul-
ing upholding constitutionality of the
wartime act-after once declaring the
act unconstitutional?
2. If the act is now back in effect,
can its provisions be made retroactive
to 1923. when the high court ruled it
invalid?
A collateral point to be considered,
Boyd said, is that the Supreme Court
has never passed directly on the con-
stitutionality of the District of Colum-
bia law. The courts recent ruling
was based on a study only Of the
Washington State minimum wage law,
he stated.
Attorney General Cummings and
Corporation Counsel Seal have held
that the high courts recent ruling
reinstates the 1918 law on the statute
books.
If the courts should rule in the
pending case that the old law is no
longer effective the Commissioners
will be forced to seek an entirely new
law.
II the decision supports revival of
the old law and grants to the waitress
the back wages" she claims under
the minimum weekly salary fixed by
the old board flood of similar suits
may be expected to follow.
't Miss Cornett claims she was paid
310.40 per week from January 13,
. 1886, to February 13 last, whereas un-
der the old minimum wage she would
have collected $3.50 per week.