Evening star., 1937-03-29

fixed in order to meet the very neces-
sites of existence is not an admissible
means to that end?
The Legislature Of the State was
clearly entitled to consider the situa-
alton of women in employment, the
fact that they are in the class receiv-
ing the least pay. that bargaining
power is relatively weak, and that they
are the ready victims Of those who
would take advantage Of their neces-
sitous circumstances.
Entitled to Adopt Measures.
"The Legislature was entitled 70
adopt measures to reduce the evils
of the seating system, the exploiting
of workers at wages so low as to be
insufficient to meet the bare cost OF
living, thus making their very help
lessness the occasion of a most in
furious competition.
The Legislature had the right to
consider that its minimum wage re-
uuirements would be an important
aid in carrying out its policy Of pro-
lection. The adoption Of similar re-
quirements by many States evidences
a deep-seated conviction both as to
the presence of the evil and as to the
means adapted to check it.
Legislative response to that con-
viction cannot be regarded as arbi-
trary or capricious, and that is all We
had to decide. Even if the wisdom Of
the policy be regarded as debatable
and its effects uncertain, still the
Legislature is entitled TO its judg-
ment."
This last sentence was interpreted as
direct reply TO court critics who
testified during the Senate Committee
hearings that the court had exceeded
its power by attempting to pass on
the wisdom of legislation.
Minority Opinion.
Commenting on the position taken
by the majority the minority opinion
read oy Justice Sutherland, said
1T is hard to see why the power to
fax minimum wages does not connote
a like power in respect Of maximum
wages And yet, If both powers are
exercised in such way that the
minimum and the maximum 30 nearly
approach each other as to become sub
stantially the same, the right to make
any contract In respect of wages will
have been completely abrogated.
THE Washington statute is in every
substantial respect identical with the
statute involved in the Adkins case.
! Such vices as existed in the latter are
! present in the former And If the
Adkins case was properly decided, as
We who join in this opinion think 1t
was. it necessarily follows that the
Washington statute is invalid"
Continuing his discussion of the pow
er of the Legislature to determine the
wisdom of the statute, the Chief JUS
tice added:
| There is an additional and COM
pelling consideration which recent
economic experience has brought into
strong light The exploitation Of
a class Of workers who are In An
unequal position with respect to bar
gaining power and are thus relatively
defenseless against the denial OF q
living wage Is not only detrimental to
their health and well-being. but casts
a direct burden for their support upon
the community. What these workers
lose in wages the taxpayers are called
upon to pay. The bare cost OF iy-
ing must be met.
Relief Demand Noted.
I'VE may take judicial notice OF the
unparalleled demand for relief which
arose during the recent period of de-
preston and still continues to an
alarming extent despite the degree OF
economic recovery which has been
achieved. 1t Is unnecessary to cite off,
cial statistics to establish what is OF
common knowledge through the length
and breadth of the land.
While in the instant case no factual
brief has been presented, there Is no
reason to doubt that the State OF
Washington has encountered the same
social problem that Is present else
where. The community is not bound
to provide what is in effect q subsidy
for unconscionable employers. The
community may direct its lawmaking
power to correct the abuse which
springs from their selfish disregard Of
the public interest.
1.-THE argument that the legislation
in question constitutes an arbitrary
discrimination, because it does not ex-
tend to men, is unavailing. This court
has frequently held that the legisla-
tive authority, acting within It's proper
field, is not bound to extend its regu-
lation to all cases which 1t might pos