Evening star., 1938-05-07

the case in Fas-
cist Germany.
Likewise If Congress has the au- |
thority to fix maximum hours it can
f1x the rate of overtime Tentatively
the rate of time and half has been
written into the proposed law. but |
another Congress can diminish the |
rate or increase the rate for overtime |
pay as it sees fit.
Thus the whole power to regulate |
wages and hours, which hitherto has
been considered to lie outside the
province of the Federal Government,
would be assumed by Congress and re-
tanned indefinitely thereafter unless |
the Supreme Court should say other !
wise.
For many years it was considered /
invalid for the States to pass minimum
wage laws even where it was intended
10 safeguard the health of women and
children. Recently this was changed
but there has never been any approval
by the Supreme Court of a minimum
wage law of the States applying to
men ana women alike nor has there
been any approval of a Federal law
governing minimum wages.
Broad Definition.
II is supposed. however, that the
New Deal will contend that a Federal
minimum wage and hour law is
merely a part of the congressional
power to regulate interstate COM
merce. In the labor relations cases.
the Supreme Court defined interstate
commerce so broadly that strikes in
industries producing goods moving
across State lines were declared to
have an effect on interstate COM
merce. Is the desire to increase pur-
chasing power, or rather failure to
increase 1t by paying higher wages an
EFFECT on interstate commerce" with
in the meaning of the term used in
the decisions on the Wagner Labor
Relations Act? II it is. then the Fed
eral power to regulate wages and
hours will be defended on the ground
that it is a proper regulation of in
terstste commerce itself.
Inc doctrine that Congress NAV ar-
hially prohibit the passage of goods /
in interstate commerce as a means of /
achieving regulation has been upheld; |
30, strictly speaking, the legal theory
back OF the proposed reform is that
any producer who doesn't pay the min /
1mum wage or observe the maximum
hour scale will not be allowed to move
his goods to market.
Strategy May Save Bill.
Apart from the constitutional oues-
tion involved, the economic effects of
the proposed legislation have scarcely
been debated. The Senate passed q
oil last year which is far different
from the House bill that NAV be
passed May %. The latter represents
many concessions by the administra
tion just to get the bill into con-
ference.
The reason for this strategy is that
II Congress adjourned next month
without passing a wage and hour bill |
IL would be necessary to go through
the Senate again and the chances of a
nlibuster there by Southern Senators
would make doubtful passage of anv
measure. There is still a chance of a
nlibuster in the Senate on a conference
report. The Senate passed the present
Dill with many of its members beliey- |
ing it would never get through the
House.
The President is eager to get some
Dill enacted even If it sets standards |
Tor minimum wages and maximum
hours that are not much different |
from those which prevail in most in |
dustrles and businesses TODAY. his idea
being to write the principle into law
ana give an argument for the coming
congressional campaign. Mr. Roose-
welt was checkmated till the American
Federation of Labor and the Commit
Tee Tor Industrial ORGANIZATION gave
tnelr blessing to the proposal It is
sgnlncant that until the opposition
OF the A. F. of l.. was worn awav the
measure was blocked, hence nrovinp
what was said in these disnatches
yesterday, that the labor groups have
a majority of both houses and can nut
through or block any bills affecting
their welfare.
Surrender of Power.
The national labor qrganiza tions
feel. OF course. that they can hold the
proposed legislation within limits now
and in the future, but they are not
aware, it seems to me, Of the danger
Gus implications of bestowing such
power on the Federal Government for
all times. For unless the Supreme
Court upsets the proposed law. it will
have amended the Constitution as
surely as If direct proposal to that
effect had been adopted. Mr.. Roose-
welt said in 1887 when the bill to pack
the Supreme Court was up for pass
sRe that he wanted to obtain favor
able decisions Of the Supreme Court
through justices accepting his inter-
pretation Of the Constitution SO it
would be unnecessary to 60 through
the customary process of amending
the Constitution. BY the time the
proposed minimum wage and hour
law is passed on by the Supreme
Court, Mr.. Roosevelt may have had
. chance to appoint more of his own
justices.
Opinions differ as to the economic
results of the minimum wage and
maximum hour bill If 1t should be-
come law. If the final draft of the
measure doesn't alter much very actu-
ally existing standards in industry and
->>..u.>.