west coast hotel parrish argued decided march appeal state washington west coast hotel parrish skeel john roberts seattle appellant toner olympia sam driver wenatchee appellees chief justice hughes delivered opinion case presents question constitutional validity minimum wage law state washington act entitled wages women authorizes fixing minimum wages women minors laws washington remington et seq provides welfare state washington demands women minors protected conditions labor pernicious effect health norals state washington therefore exercising herein police sovereign power declares inadequate wages unsanitary conditions labor exert pernicious effect shall unlawful employ women minors industry occupation within state washington conditions labor detrimental health morals shall unlawful employ women workers industry within state washington wages adequate maintenance hereby created commission known welfare commission state washington establish standards wages conditions labor women minors employed within state washington shall held hereunder reasonable detrimental health morals shall sufficient decent maintenance women provisions required commission ascertain wages conditions labor women minors within state public hearings held investigation commission found occupation trade industry wages paid women supply necessary cost living maintain workers health commission empowered call conference representatives employers employees together disinterested persons representing public conference recommend commission request estimate minimum wage adequate purpose stated approval recommendation became duty commission issue obligatory order fixing minimum wages order might reopened question reconsidered aid former conference new one special licenses authorized employment women defective crippled age otherwise also apprentices less prescribed minimum wage later act industrial welfare commission abolished duties assigned industrial welfare committee consisting director labor industries supervisor industrial insurance supervisor industrial relations theindustrial statistician supervisor women industry laws washington remington appellant conducts hotel appellee elsie parrish employed chambermaid husband brought suit recover difference wages paid minimum wage fixed pursuant state law minimum wage per week hours appellant challenged act repugnant due process clause fourteenth amendment constitution state reversing trial sustained statute directed judgment plaintiffs parrish west coast hotel case appeal appellant relies upon decision adkins children hospital held invalid district columbia minimum wage act stat attacked due process clause fifth amendment argument bar counsel appellees attempted distinguish adkins case upon ground appellee employed hotel business innkeeper affected public interest effort distinction obviously futile appears one cases ruled adkins opinion employee woman employed elevator operator hotel adkins lyons page recent case morehead new york ex rel tipaldo came certiorari new york held new york minimum wage act women invalid minority thought new york statute distinguishable material feature involved adkins case reasons new york statute sustained appeals new york said found material difference two statutes held statute fixed decision state accepted meaning specifically expressed enactment page view led affirmance judgment morehead case considered question whether adkins case distinguishable reconsideration decision sought upon point said petition writ sought review upon ground case morehead distinguishable one adkins application made reconsideration constitutional question decided validity principles upon decision rests challenged confines ground upon writ asked granted review granted broader sought petitioner entitled ask heard upon question whether adkins case overruled maintains may distinguished ground statutes vitally dissimilar pp think question deemed open morehead case open necessarily presented washington upheld minimum wage statute state decided statute reasonable exercise police power state reaching conclusion state invoked principles long established application fourteenth amendment state refused regard decision adkins case determinative pointed decisions since case justifying position opinion ruling state demands part adkins case importance question many similar laws concerned close division decision adkins case reached economic conditions supervened light reasonableness exercise protective power state must considered make appropriate think imperative deciding present case subject receive fresh consideration history litigation question may briefly stated minimum wage statute washington enacted years ago prior decision instant case twice held valid state larsen rice spokane hotel younger washington statute essentially enacted oregon year laws oregon validity latter act sustained oregon stettler simpson cases reargument affirmed equally divided law oregon thus continued effect district columbia minimum wage law stat enacted statute sustained district adkins case upon appeal appeals district first affirmed ruling rehearing reversed case came judgment appeals holding act invalid affirmed chief justice taft justice holmes justice sanford dissenting justice brandeis taking part dissenting opinions took ground decision variance principles frequently announced applied similar ninimum wage statutes arizona arkansas held invalid upon authority adkins case justices dissented case bowed ruling justice brandeis dissented murphy sardell donham question come us last term morehead case already noted case briefs supporting new york statute submitted ohio connecticut illinois massachusetts new hampshire new jersey rhode island page note throughout entire period washington statute consideration force principle must control decision doubt constitutional provision invoked due process clause fourteenth amendment governing due process clause invoked theadkins case governed congress case violation alleged attacking minimum wage regulation women deprivation freedom contract freedom constitution speak freedom contract speaks liberty prohibits deprivation liberty without due process law prohibiting deprivation constitution recognize absolute uncontrollable liberty liberty phases history connotation liberty safeguarded liberty social organization requires protection law evils menace health safety morals welfare people liberty constitution thus necessarily subject restraints due process regulation reasonable relation subject adopted interests community due process essential limitation liberty general governs freedom contract particular years ago set forth applicable principle words referring cases liberty guaranteed fourteenth amendment broadly described recognized cases cited many others freedom contract qualified absolute right absolute freedom one wills contract one chooses guaranty liberty withdraw legislative supervision wide department activity consists making contracts deny government power provide restrictive safeguards liberty implies absence arbitrary restraint immunity reasonable regulations prohibitions imposed interests community chicago burlington quincy mcguire power constitution restrict freedom contract many illustrations may exercised public interest respect contracts employer employee undeniable thus statutes sustained limiting employment underground mines smelters eight hours day holden hardy requiring redemption cash store orders evidences indebtedness issued payment wages knoxville iron harbison forbidding payment seamen wages advance patterson bark eudora making unlawful contract pay miners employed quantity rates upon basis screened coal instead weight coal originally produced mine mclean arkansas prohibiting contracts limiting liability injuries employees chicago burlington quincy mcguire supra limiting hours work employees manufacturing establishments bunting oregon maintaining workmen compensation laws new york central white mountain timber washington dealing relation employer employed legislature necessarily wide field discretion order may suitable protection health safety peace good order may promoted regulations designed insure wholesome conditions work freedom oppression chicago burlington quincy mcguire supra page point strongly stressed adult employees deemed competent make contracts decisively met nearly forty years ago holden hardy supra pointed inequality footing parties said legislature also recognized fact experience legislators many corroborated proprietors establishments operatives stand upon equality interests certain extent conflicting former naturally desire obtain much labor possible employe latter often induced fear discharge conform regulations judgment fairly exercised pronounce detrimental health strength words proprietors lay rules laborers practically constrained obey cases often unsafe guide legislature may properly interpose authority added fact parties full age competent contract necessarily deprive state power interfere parties stand upon equality public heath demands one party contract shall protected state still retains interest welfare however reckless may whole greater sum parts individual health safety welfare sacrificed neglected state must suffer manifest established principle peculiarly applicable relation employment women whose protection state special interest phase subject received elaborate consideration muller oregon constitutional authority state limit working hours women sustained emphasized consideration physical structure performance maternal functions place disadvantage struggle subsistence physical well object public interest care order preserve strength vigor race emphasized need protecting women oppression despite possession contractual rights said limitations upon personal contractual rights may removed legislation disposition habits life operate full assertion rights still legislation protect seems necessary secure real equality right hence placed class legislation designed protection may sustained even like legislation necessary men sustained concluded limitations statute question upon contractual powers upon right agree employer time shall labor imposed solely benefit also largely benefit quong wing kirkendall referring differentiation respect employment women said fourteenth amendment interfere state power creating equality referred recognized classifications basis sex regard hours work matters observed particular points difference shall enforced legislation largely power state later rulings sustained regulation hours work women employees riley massachusetts factories miller wilson hotels bosley mclaughlin hospitals array precedents principles applied thought dissenting justices adkins case demand minimum wage statute sustained validity distinction made minimum wage maximum hours limiting liberty contract especially challenged page challenge persists without satisfactory answer chief justice taft observed absolute freedom contract one term important enter equally consideration given received restriction one greater essence kind one multiplier multiplicand justice holmes recognizing distinctions law distinctions degree difference kind degree interference liberty matter concern one case bargain equally affected whichever half regulate one points pressed supporting ruling adkins case standard set district columbia act take appropriate account value services rendered morehead case minority thought new york statute met point definition wage accordingly presented distinguishable feature recognize within limits morehead petition certiorari deemed present however take view new york act held essentially district columbia statute us like latter unable conclude minimum wage requirement state passed beyond boundary broad protective power minimum wage paid washington statute fixed full consideration representatives employers employees public may assumed minimum wage fixed consideration services performed particular occupations normal conditions provision made special licenses less wages case women incapable full service statement justice holmes adkins case pertinent statute compel anybody pay anything simply forbids employment rates fixed minimum requirement health right living safe assume women employed even lowest wages allowed unless earn unless employer business sustain burden short law character operation like hundreds called police laws page chief justice taft forcibly pointed consideration basic statute character adopt requirement maximum hours minimum wages may presumed believe sweating employers prevented paying unduly low wages positive law continue business abating part profits wrung necessities employees concede better terms required law individual cases hardship may result restriction enure benefit general class employees whose interest law passed community large page think views thus expressed sound decision adkins case departure true application principles governing regulation state relation employer employed principles reenforced subsequent decisions thus radice new york sustained new york statute restricted employment women restaurants night young hartford fire insurance company upheld act regulating commissions insurance agents pointed presumption constitutionality statute dealing subject within scope police power absence factual foundation record deciding limits power transcended nebbia new york dealing new york statute providing minimum prices milk general subject regulation use private property making private contracts received exhaustive examination declared laws reasonable relation proper legislative purpose neither arbitrary discriminatory requirements dur process satisfied wisdom policy adopted adequacy practicability law enacted forward courts incompetent unauthorized deal without number said legislature primarily judge necessity enactment every possible presumption favor validity though may hold views inconsistent wisdom law may annulled unless palpably excess legislative power pages full recognition earnestness vigor characterize prevailing opinion adkins case find impossible reconcile ruling declarations closer public interest health women protection unscrupulous overreaching employers protection women legitimate end exercise state power said requirement payment minimum wage fairly fixed order meet necessities existence admissible means end legislature state clearly entitled consider situation women employment fact class receiving least pay bargaining power relatively weak ready victims take advantage necessitous circumstances legislature entitled adopt measures reduce evils tem exploiting workers wages low insufficient meet bare cost living thus making helplessness occastion injurious competition legislature right consider minimum wage requirements important aid carrying policy protection adoption similar requirements many evidences deepseated conviction presence evil means adapted check legislative response conviction regarded arbitrary capricious decide even wisdom policy regarded debatable effects uncertain still legislature entitled judgment additional compelling consideration recent economic experience brought strong light exploitation class workers unequal position respect bargaining power thus relatively defenseless denial living wage detrimental health well casts direct burden support upon community workers lose wages taxpayers called upon pay bare cost living must met may take judicial notice unparalleled demands relief arose recent period depression still continue alarming extent despite degree economic recovery achieved unnecessary cite official statistics establish common knowledge length breadth land instant case factual brief presented reason doubt state washington encountered social problem present elsewhere community bound provide effect subsidy unconscionable employers community may direct power correct abuse springs selfish disregard public interest argument legislation question constitutes arbitrary discrimination extend men unavailing frequently held legislative authority acting within proper field bound extend regulation cases might possibly reach legislature free recognize degrees harm may confine restrictions classes cases need deemed clearest law presumably hits evil felt overthrown instances might applied requirement legislation couched embracing terms carroll greenwich insurance patsone pennsylvania keokee coke taylor sproles binford semler oregon board familiar principle repeatedly applied legislation singles women particular classes women exercise state protective power miller wilson supra page bosley mclaughlin supra pages radice new york supra pages relative need presence evil less existence evil matter legislative judgment conclusion case adkins children hospital supra overruled judgment state washington affirmed affirmed justice sutherland justice van devanter jjstice mcreynolds justice butler think judgment reversed principles authorities relied upon sustain judgment considered adkins children hospital morehead new york ex rel tipaldo lack application cases like one hand pointed sufficient answer said found opinions cases nevertheless circumstances seems well restate reasons conclusions form government written constitution terms law agency necessity must power say final word validity statute assailed unconstitutional constitution makes clear power intrusted question arises controversy within jurisdiction long power remains exercise avoided without betrayal trust pointed many times adkins case judicial duty one gravity delicacy rational doubts must resolved favor constitutionality statute whose doubts resolved undoubtedly duty member process reaching right conclusion give due weight opposing views associates end question must answer whether views seem sound entertain whether convince statute constitutional engender mind rational doubt upon issue oath takes judge composite oath individual one passing upon validity statute discharges duty imposed upon consummated justly automatic acceptance views others neither convinced created reasonable doubt mind upon question important thus surrender deliberate judgment stands forsworn subordinate convictions extent keep faith oath retain judicial moral independence suggestion check upon exercise judicial power properly invoked declare constitutional right superior unconstitutional statute judge faculty restraint ill considered mischievous belongs domain judgment check upon judge imposed oath office constitution conscientious informed convictions since duty make mind adjudge accordingly hard see restraint acts unit act way majority whether bare majority majority one members therefore establishes controlling rule decision binding long remains unchanged equally upon disagree upon subscribe otherwise orderly administration justice cease right minority disagree sometimes matters grave importance imperative duty voice disagreement length occasion course terms however forceful offend proprieties impugn good faith think otherwise urged question involved receive fresh consideration among reasons economic conditions supervened meaning constitution change ebb flow economic events frequently told general words constitution must construed light present meant constitution made living words apply every new condition include statement quite true say intended words constitution mean today mean apply situation applied rob instrument essential element continues force people made official agents made otherwise words judge campbell people ex rel twitchell blodgett apply peculiar force may easily happen said specific provisions may unforeseen emergencies turn inexpedient make provisions less binding constitutions changed events alone remain binding acts people sovereign capacity framers government amended abrogated action prescribed authority created competent department government change constitution declare changed simply appears ill adapted new state things true found likely grants unsuited unforeseen circumstances evils arise application regulations force denied evaded remedy consists repeal amendment false construction principle reflected many decisions see south carolina lake county rollins knowlton moore rhode island massachusetts pet craig missouri pet ex parte bain maxwell dow jarrolt moberly judicial function interpretation include power amendment guise interpretation miss point difference two miss phrase law land stands convert intended inescapable enduring mandates mere moral reflections constitution intelligently reasonably construed light principles stands way desirable legislation blame must rest upon instrument upon enforcing according terms remedy true amend constitution judge cooley first volume constitutional limitations ed clearly pointed much benefit expected written constitutions lost provisions bent circumstances modified public opinion pointed common law unlike constitution subject modification public sentiment action courts might recognize legislature allow change public sentiment influence giving written constitution construction warranted intention founders justly chargeable reckless disregard official oath public duty course become precedent instruments little avail therefore declare law written leaving people make changes new circumstances may require meaning constitution fixed adopted different subsequent time occasion pass upon adkins case dealt act congress passed scrutiny legislative executive branches government recognized thereby departments affirmed validity statute properly declared determination must given great weight concluded thorough consideration view sustained think inappropriate add word subject coming question immediately review people constitution created three separate distinct independent coequal departments government governmental structure rests intended rest upon one upon two upon three fundamental pillars seems unnecessary repeat often said powers departments different exercised independently differences clearly definitely appear constitution departments agent creator one department agent another answerable creator another agent view therefore executive congress act constitutional persuasive high degree controlling coming consideration washington statute first observed every substantial respect identical statute involved adkins case vices existed latter present former adkins case properly decided join opinion think necessarily follows washington statute invalid support legislation urged one hand great benefits result favor underpaid labor hand danger legislation minimum tend become maximum thus bring earnings efficient toward level employees speculations nothing concerned question constitutionality clause fourteenth amendment forbids state deprive person life liberty property without due process law includes freedom contract well settled longer open question reasonably disputed contracts employment labor included rule adair coppage kansas first cases justice harlan speaking said right person sell labor upon terms deems proper essence right purchaser labor prescribe conditions upon accept labor person offering sell particulars employer employee equality right legislation disturbs equality arbitrary interference liberty contract government legally justify free land adkins case referred language said thing absolute freedom contract subject great variety restraints nevertheless freedom contract general rule restraint exception power abridge freedom justified existence exceptional circumstances statement rule many times affirmed understand questioned present decision pointed four distinct classes cases time time upheld statutory interferences liberty contract brief statutes fixing rates charges exacted businesses impressed public interest statutes relating contracts performance public work statutes prescribing character methods time payment wages statutes fixing hours labor last class relied upon affording support legislation much opinion adkins case devoted pointing essential distinction fixing hours labor fixing wages said need repeated enough present purposes say statutes former class deal incident employment necessary effect upon wages parties left free contract wages thereby equalize additional burdens may imposed upon employer result restrictions hours adjustment respect amount wages wherever question adverted careful disclaim purpose uphold legislation fixing wages recognized essential difference two bunting oregon wilson new see freund police power pointed minimumwage legislation involved deal business charged public interest public work temporary emergency character methods periods wage payments hours labor protection persons legal disability prevention fraud simply exclusively law fixing wages adult women legally capable contracting men sustained unless upon principles apart involved cases already decided two cases involved adkins decision one appeared woman years age brought suit employed elevator operator fixed salary services satisfactory anxious retain position employer willing retain obliged dispense services account penalties prescribed act wages received best able obtain work capable performing enforcement order deprived alleged employment left unable secure position make living good physical moral surroundings good wages receiving willing take washington statute course admits situation result aught appears contrary situation present case may described certainly extent statute applies cases justified reasonable restraint upon freedom contract contrary essentially arbitrary neither statute involved adkins case washington statute far involved slightest relation capacity earning power employee number hours constitute day work character place work done circumstances surroundings employment sole basis upon question validity rests assumption employee entitled receive sum money sufficient provide living keep health preserve morals pointed length case pages question thus presented determination board solved general formula prescribed statutory bureau since composite individual question answered individual considered said case pages equally applicable law takes account necessities one party contract ignores necessities employer compelling pay less certain sum whether employee capable earning irrespective ability business sustain burden generously leaving course privilege abandoning business alternative going loss within limits minimum sum precluded penalty fine imprisonment adjusting compensation differing merits employees compels pay least sum fixed event employee needs requires service equivalent value employee therefore undertakes solve problem half establishment corresponding standard efficiency forms part policy legislation although practice former half without latter must lead ultimate failure accordance inexorable law one continue indefinitely take puts without ultimately exhausting supply law confined great powerful employers embraces whose bargaining power may weak employee takes account periods stress business depression crippling losses may leave employer without adequate means livelihood extent sum fixed exceeds fair value services rendered amounts compulsory exaction employer support partially indigent person whose condition rests upon peculiar responsibility therefore effect arbitrarily shifts shoulders burden belongs anybody belongs society whole feature statute perhaps puts upon stamp invalidity exacts employer arbitrary payment purpose upon basis causal connection business contract work employee engages declared basis already pointed value service rendered extraneous circumstance employee needs get prescribed sum money insure subsistence health morals ethical right every worker man woman living wage may conceded one declared important purposes trade organizations secure principle every legitimate effort realize fact one quarrel fallacy proposed method attaining assumes every employer bound events furnish moral requirement implicit every contract employment viz amount paid service rendered shall bear relation equivalence completely ignored necessities employee alone considered arise outside employment employment great one occupation another certainly employer paying fair equivalent service rendered though sufficient support employee neither caused contributed poverty contrary extent pays relieved principle difference case selling labor case selling goods one goes butcher baker grocer buy food morally entitled obtain worth money entitled gets worth pays justified demanding simply needs shopkeeper dealt fairly honestly transaction concerned peculiar sense question customer necessities statute undertake vest commission power determine quantity food necessary individual support require shopkeeper sell individual furnish quantity fixed maximum undoubtedly fall constitutional test fallacy argument support validity statute quickly exposed argument support considered equally fallacious though weakness may plain statute requiring employer pay money pay prescribed regular intervals pay value services rendered even pay fair relation extent benefit obtained service understandable statute prescribes payment without regard things solely relation circumstances apart contract employment business affected work done clearly product naked arbitrary exercise power allowed stand constitution whether equally true respect statutes called upon say us enough applies every particular washington statute consideration washington statute like one district columbia fixes minimum wages adult women adult men employers left free bargain please significant important fact state statutes attention called like character rules restricting power women make contracts system long since practically disappeared women today stand upon legal political equality men longer reason put different classes respect legal right make contracts denied effect right compete men work paying lower wages men may willing accept arbitrary exercise legislative power tipaldo case appeared new york legislature passed two dealing women alone men women act included men vetoed governor applying women alone approved background respect measures substantially pointing arbitrary discrimination resulted pages said legislative declarations form findings recitals fact serve well illustrate measure deprives employers adult women freedom agree upon wages leaving employers men employees free necessarily arbitrary much said justification regulations act imposes respect women wages apply equal force support regulation men wages men left free fix wages agreement employers fanciful suppose regulation women wages useful prevent lessen evils listed first section act men need work likely women accept low wages offered unscrupulous employers men greater number women support dependents need work whatever wages get without regard value service even though pay less minima prescribed accordance act plain circumstances portrayed background prescribing minimum wages women alone unreasonably restrain competition men tend arbitrarily deprive employment fair chance find work appeal principle legislature free recognize degrees harm confine restrictions accordingly beg question contractual rights men women legislation involved restricting rights women make contracts wages create arbitrary discrimination think difference sex affords reasonable ground making restriction applicable wage contracts working women like contracts working men left free certainly suggestion bargaining ability average woman equal average man lack substance ability make fair bargain every one knows depend upon sex light facts state legislation without reason reasons mere expediency excluded men provisions legislation power exercised arbitrarily hand legislation respect men properly omitted ground unconstitutional conclusion unconstitutionality inescapable respect similar legislative restraint case women adkins case finally may said statute absolutely fixing wages various industries definite sums forbidding employers employees contracting designated probably thought constitutional hard see power fix minimum wages connote like power respect maximum wages yet powers exercised way minimum maximum nearly approach become substantially right make contract respect wages completely abrogated complete discussion may found adkins tipaldo cases cited supra footnotes allgeyer louisiana lochner new york adair munn illinois railroad commission cases willcox consolidated gas atkin kansas mugler kansas crowley christensen gundling chicago booth illinois schmidinger chicago armour north dakota national union fire insurance wanberg radice new york yeiser dysart liberty warehouse company burley tobacco growers association highland russell car young hartford insurance hardware insurance glidden packer corporation utah stephenson binford hartford accident nelson petersen baking bryan nebbia new york