Evening star., 1942-03-21
Issues-True and FuIse

the public has been misinformed re-
garding the effect of the forty-hour
week and that the press is partly
responsible for this state of affairs
does not bear up we'll under close
examination.
Last Tuesday, for example, the
President, authorizing direct quota
ton, said there was an amazing
state OF misinformation" on this
question. He placed the blame on
the newspapers and irresponsible
speeches in Congress. More recently,
L, Metcalfe Walling, head of the
Wage and Hour Division, said that
some of our editorial writer's would
have the public believe that we are
trying to fight the war on a forty
hour week.
Since neither critic referred spe-
ciflcally to any offending newspaper
or editorial writer, it is impossible, of
course, to make any categorical
denial of the accusations. But it can
be said with confidence that news
papers on the whole have not mis-
represented this question. On the
contrary. the difficulty arises from
the fact that champions of the
forty-hour week. like Mr.. Walling,
have shifted their ground and are
attempting to direct their arguments
to a new issue, one which is wholly
different from that originally raised
by those who disagree with them.
Without regard to the question
whether the forty-hour week, under
existing circumstances, should or
should not be continued, the indis-
putable fact Is that the primary
purpose Of the statute is to discour-
age and penalize work in excess Of
forty hours week. 1t is quite true,
as Mr.. Walling says. that the work
week in most war plants is in excess
of forty hours, but what he neglects
to bring out is the fact that this is
being done by nullifying the plain
intent and effect of the statute
Thus, the real question is whether a
law frankly intended to discourage
work in excess of forty hours should
be retained and defended when
longer work week has become a ma
tional necessity To argue that
longer work week can be introduced
in spite of the law is simply to dodge
the true issue.
Mr.. Walling himself Is the best au-
thority as to the real purpose of the
statute, and this real purpose readily
may be ascertained by examining the
brief bearing his name which has
been submitted to the Supreme Court
in the so-called Belo case, involving
the validity of the wage and hour
law. The following excerpts are
pertinent.
But the (Wage and Hour Act
shows on its face that Section 7 was
directed to maximum hours. The
legislative history is exceedingly
clear that Congress was concerned
with hours as well as with wages
and that the time and a half re-
quirement OF Section 7 was intended
to discourage overtime work by re-
quiring the employer to pay extra
compensation therefor regardless of
the magnitude of the employees regu-
lar rate of pay -. BY requiring
overtime compensation at $50 per
cent Of the regular rate, Congress
plainly intended to discourage hours
of work in excess of the stated
maxima =. This intent is clear
both on the face of the act and from
its legislative history -. Such ad-
ditional compensation at $50 per
cent of the regular rate was intended
as sanction to enforce the statutory
prohibition of employment beyond
the maximum number of hours"
In the light of this language from
Mr., Walling's brief there can be no
doubt AS to the intent and probable
effect of the act. Yet he and other
administration officials defend the
statute and urge that it be retained,
although they necessarily concede
and actually cite as an argument in
support of their position the fact
that it is not having its intended
effect-that, in fact, its intent is
being nullified in war industries.
The truth, of course, is that the
forty-hour limitation-the plain in
tent Of Congress-is being nullified
by the payment of time and a half
for overtime. But the penalty is not
being paid by the employers, as in
tended by the act. Instead, it is
being paid by the public. If this,
under the circumstances, is necessary
and proper, all we'll and good, but
officials who avoid discussion of this
basic fact have little reason to accuse
the press of misrepresenting the
issue.
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