THE CHILDREN'S HOSPITAL OF THE DISTRICT OF COLUMBIA,
A CORPORATION, APPELLANT.

VS.

JESSE C. ADKINS, ETHEL M. SMITH, JOSEPH A. BERBERICH, CON-
STITUTING THE MINIMUM WAGE BOARD OF THE DISTRICT OF
COLUMBIA.

WILLIE A. LYONS, APPELLANT,

VS.

JESSE C. ADKINS, ETHEL M. SMITH, JOSEPH A. BERBERICH, CON-
STITUTING THE MINIMUM WAGE BOARD OF THE DISTRICT OF
COLUMBIA.

BRIEF FOR APPELLEES

FELIX FRANKFURTER,

Of Counsel for Minimum Wage Board of the District. of Columbia.

ASSISTED BY

MARY W. Dewson,

Research Secretary, National
Consumers' League.

L14073

MAR 15 1938.

CHAS. P. YOUNG CO., PRINTERS

190 WILLIAM STREET, N. Y.

130

TABLE OF CONTENTS.

ARGUMENT

Statement of Cases...

Facts

Outline of Plaintiffs' Claim..........

PAGE

ii

Congress was prohibited from enacting the legislation by the
due process clause..

Marshall's Canon.......

The Issue..........

Outline of Argument..

I. The presumption to be accorded an Act of Congress,

which demands that it be respected unless transgres-

sion of the Constitution is shown "beyond a rational

doubt," amply sustains the District of Columbia Mini-

mum Wage Law, particularly in view of the circum-

stances of its enactment..

II. Congress by this legislation aimed at "ends" that are

"legitimate and within the scope of the Constitution"

III. The "means" selected by Congress are "appropriate and

plainly adapted" to accomplish these "ends"..

IV. No right of the plaintiff's secured under the Constitution

"prohibits" the use of these appropriate means

adopted by Congress to accomplish these legitimate ends

POINT I.

<<

vii

ix

ix

X

X

SO

x

The presumption to be accorded an Act of Congress, which

demands that it be respected unless transgression of the Constitu-

tion is shown "beyond a rational doubt" amply sustains the Dis-

trict of Columbia Minimum Wage Law, particularly in view of the

circumstances of its enactment...

POINT II.

Congress by this legislation aimed at "ends" that are "legiti-

mate and within the scope of the Constitution".

First.-Charged with the responsibility of safeguarding the

welfare of the District of Columbia, Congress was confronted

with facts which made it its duty "to protect the women and

minors of the District from conditions detrimental to their

health and morals, resulting from wages which are inadequate

to maintain decent standards of living"..

X

xiii

xiii

Second. The purpose of the Act was to provide for this

deficit between the cost of women's labor-i. e., the means

necessary to keep labor going-and any rate of women's pay

below the minimum level for living, and thereby to eliminate all

the evils attendant upon such deficits on a large scale...

POINT III.

The means selected by Congress "are appropriate" and "plainly

adapted" to accomplish the legitimate end..

First. From among the alternative means which Congress

might have adopted for accomplishing these public ends, the

particular one adopted was reasonable and appropriate...

Second. Therefore, even though this Court might think

that some other means would have greater chance of effective-

ness, it was open to Congress to try this method unless it was

affirmatively prohibited by the Constitution...

POINT IV.

No rights of plaintiffs secured under the Constitution of the

United States prohibit the use of the means so adopted by Con-

gress to accomplish these legitimate public ends.............

First. The so-called "liberties" of which the plaintiffs

claim to have been deprived were merely nominal and theo-

retical and not asserted bona fide. Therefore it was not "arbi-

trary," "wanton” or a “spoliation" for Congress to allow great

public interests to prevail over them...

Second. The alleged deprivations of property are either

merely nominal and not bona fide like the so-called "liberties,"

or hypothetical and unsubstantiated; and therefore, were not

dealt with arbitrarily or wantonly or as a spoliation................................................------

PAGE

XX

xxi

xxiii

XXV

XXV

xxvii

xxxiii

Third. It is not arbitrary, wanton, or spoliative for Con-

gress to require employers to pay the cost of human labor............xxxviii

Fourth.-The action of Congress was not arbitrary, wanton

or spoliative because the direct interest of the District in

these particular wage contracts gave it a special justification

for controlling them...

Fifth. It is not arbitrary, wanton or spoliative for Con-

gress to require the employer to obtain a license from the Board

before he can buy labor at less than cost, because that is a

xl

reasonable means of preventing cut-throat and unfair competi-

tion, between manufacturers.....

PAGE

xliii

Sixth. It is not arbitrary, wanton or spoliative for Con-

gress to require the consent of the Board before allowing an

employee to sell labor below cost, because that is a reasonable

means for preventing unfair competition between employees......... xlvii

Seventh. It is not arbitrary, wanton or spoliative for Con-

gress to require the consent of the Board before allowing

a wage contract at below cost, because of the actual inherent

inequality of bargaining power between the parties..

Eighth. It is not arbitrary, wanton or spoliative for Con-

gress to require the consent of the Board before allowing wage

contracts at below cost, because that is a reasonable exercise

of the "police power" to minimize danger of unfair and op-

pressive contracts

Ninth. It is not arbitrary, wanton or spoliative for the

state to require the consent of the Board before allowing wage

contracts at below cost, because that is a reasonable exercise of

power to foster the productivity of industry...

xlviii

liii

liv

PART FIRST.-THE SUCCESSFUL WORKING OF MINIMUM

WAGE LEGISLATION

1

1. The Low End of the Wage Scale Is Lifted to the Level of the Cost

of Living

1

District of Columbia

(1) Minimum Wage Orders..

(2) Wage Investigations and Minimum Decreed..

(3) Reinvestigations for Compliance with Minimum Decreed.........

Arkansas

(1) Minimum Wage Order..........

18

California

(1) Minimum Wage Orders..

(2) Wage Investigations and Minimum Decreed..

(3) Reinvestigations for Compliance with Minimum Decreed........

Kansas

(1) Minimum Wage Orders...

(2) Wage Investigations and Minimum Decreed....

Massachusetts

(1) Minimum Wage Orders.....

(2) Wage Investigations and Minimum Decreed..

(3) Reinvestigations for Compliance with Minimum Decreed........ 37