adkins children hospital district columbia argued march decided december addition cases cited decisions dealing laws especially relating hours labor women muller oregon sup ann cas riley massachusetts sup miller wilson sup bosley mclaughlin sup muller case validity oregon statute forbidding employment female certain industries hours one day upheld decision proceeded upon theory difference sexes may justify different rule respecting hours labor case women case men pointed consist differences physical structure especially respect maternal functions also fact historically woman always dependent upon man established control superior physical strength cases riley miller bosley follow respect muller case ancient inequality sexes otherwise physical suggested muller case sup ann cas continued diminishing intensity view say changes taken place since utterance contractual political civil status women culminating nineteenth amendment unreasonable say differences come almost quite vanishing point aspect matter physical differences must recognized appropriate cases legislation fixing hours conditions work may properly take account accept doctrine women mature age sui juris require may subjected restrictions upon liberty contract lawfully imposed case men similar circumstances ignore implications drawn present day trend legislation well common thought usage woman accorded emancipation old doctrine must given special protection subjected special restraint contractual civil relationships passing may noted instant statute applies case woman employer contracting woman employee former man essential characteristics statute consideration differentiate laws fixing hours labor made appear proceed sufficient point latter well statutes mentioned paragraph deal incidents employment necessary effect upon heart contract amount wages paid received law forbidding work continue beyond given number hours leaves parties free contract wages thereby equalize whatever additional burdens may imposed upon employer result restrictions hours adjustment respect amount wages enough said show authority fix hours labor exercised except respect occupations work long continued duration detrimental health careful every case question raised place decision upon limited authority legislature regulate hours labor disclaim purpose uphold legislation fixing wages thus recognizing essential difference two seems plain decisions afford real support form law establishing minimum wages light furnished foregoing exceptions general rule forbidding legislative interference freedom contract examine analyze statute question shall see differs every material respect law dealing business charged public interest public work meet tide temporary emergency nothing character methods periods wage payments prescribe hours labor conditions labor done protection persons legal disability prevention fraud simply exclusively law confined adult women considering provisions relating minors legally capable contracting men forbids two parties lawful penalties freely contract one another respect price one shall render service purely private employment willing perhaps anxious agree even though consequence may oblige one surrender desirable engagement dispense services desirable employee price fixed board need relation capacity earning power employee number hours may happen constitute day work character place work done circumstances surroundings employment basis support validity assumed necessities employee takes account independent resources may based wholly opinions members board average opinions precisely necessary provide living woman keep health preserve morals applies every occupation district without regard nature character work standard furnished statute guidance board vague impossible practical application reasonable degree accuracy sufficient supply necessary cost living woman worker maintain good health protect morals obviously precise unvarying even approximately amount depend upon variety circumstances individual temperament habits thrift care ability buy necessaries intelligently whether woman live alone family practice economy given sum afford comfort contrary habit sum wholly inadequate economies family group taken account though constitute important consideration estimating cost living obvious individual expense less case member family case one living alone relation earnings morals capable standardization shown women safeguard morals carefully poorly paid morality rests upon considerations wages certainly prevalent connection two justify broad attempt adjust latter reference former means safeguarding morals attempted classification opinion without reasonable basis distinction made women work others ground distinction women men certainly women require minimum wage preserve morals men require preserve honesty reasons others might stated inquiry respect necessary cost living income necessary preserve health morals presents individual composite question must answered individual considered general formula prescribed statutory bureau uncertainty statutory standard demonstrated consideration certain orders board already made orders fix sum paid woman employed place food served mercantile establishment per week printing establishment per week laundry per week provision reducing case beginner woman employed serve food requires minimum per week hard understand woman working printing establishment laundry get income lessened per week board probably found impossible follow indefinite standard statute brought different factors problem goes far direction demonstrating fatal uncertainty act infirmity opinion plainly exists law takes account necessities one party contract ignores necessitie 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 tha quantify 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 asked upon one land consider fact several adopted similar statutes invited upon hand give weight fact three times many presumably well informed anxious promote health morals people refrained enacting legislation also furnished large number printed opinions approving policy minimum wage reading disclosed large number contrary proper enough consideration lawmaking bodies since tendency establish desirability undesirability legislation reflect legitimate light upon question validity called upon decide elucidation question aided counting heads said great benefits resulted operation statutes alone district columbia several force mass reports opinions special observers students subject like brought us support statement found interesting mildly persuasive earnings women greater formerly conditions affecting women become better respects may conceded convincing indications logical relation desirable changes law question significantly lacking may quite probably due causes close eyes notorious fact earnings everywhere occupations greatly alone minimum wage law obtains country quite much among men among women occupations outside reach law governed real test economic value law periods maximum employment general causes keep wages minimum come periods depression struggle employment efficient employed minimum rate less capable may employed finally may said interest public welfare police power may invoked justify fixing minimum wage may public welfare thought require invoked justify maximum wage power fix high wages connotes like course reasoning power fix low wages face guaranties fifth amendment form legislation shall legally justified field operation police power widened great dangerous degree example opinion future lawmakers wages building trades shall become high preclude people ordinary means building owning homes authority sustains minimum wage invoked support maximum wage building laborers artisans argument urged strip employer constitutional liberty contract one direction utilized strip employee constitutional liberty contract opposite direction wrong decision end precedent swing sentiment bad influence may run one extremity arc said legislation contract opposite direction social justice whose ends freedom contract may lawfully subjected restraint liberty individual pleases even innocent matters absolute must frequently yield common good line beyond power interference may pressed neither definite unalterable may made move within limits well defined changing need circumstance attempt fix rigid boundary unwise well futile nevertheless limits power passed becomes plain duty courts proper exercise authority declare sustain individual freedom action contemplated constitution strike common good exalt surely good society whole better served preservation arbitrary restraint liberties constituent members follows said act question passes limit prescribed constitution accordingly decrees affirmed justice brandeis took part consideration decision cases chief justice taft dissenting regret much differ cases boundary police power beyond exercise becomes invasion guaranty liberty fifth fourteenth amendments constitutions easy mark laboriously engaged pricking line successive cases must careful seems follow line well depart suggesting distinction formal rather real legislatures limiting freedom contract employee employer minimum wage proceed assumption employees class receiving least pay upon full level equality choice employer necessitous circumstances prone accept pretty much anything offered peculiarly subject overreaching harsh greedy employer evils sweating system long hours low wages characteristic well known agree disputable question field political economy far statutory requirement maximum hours minimum wages may useful remedy evils whether may make case oppressed employee worse function hold congressional acts invalid simply passed carry economic views believes unwise unsound legislatures 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 inure benefit general class employees whose interest law passed community large right legislature fifth fourteenth amendments limit hours employment score health employee seems firmly established one think line pricked become well formulated rule holden hardy sup applied miners rested unfavorable environment employment mining smelting lochner new york sup ann cas held restricting employed bakeries hours day arbitrary invalid interference liberty contract secured fourteenth amendment followed number cases beginning muller oregon sup ann cas sustaining validity limit maximum hours labor women shall hereafter allude following cases came bunting oregon sup ann cas case sustained law limiting hours labor person whether man woman working mill factory manufacturing establishment hours day proviso hours shall hereafter advert law covered whole field industrial employment certainly covered case persons employed bakeries yet opinion bunting case mention lochner case one suggest constitutional distinction employment bakery one kind manufacturing establishment make limit hours one invalid limit permissible impossible reconcile bunting case lochner case always supposed lochner case thus overruled sub silentio yet opinion herein support conclusion quotes opinion lochner case one sometimes distinguished never overruled certainly attempt distinguish bunting case however opinion herein overrule bunting case express terms therefore assume conclusion case rests distinction minimum wages maximum hours limiting liberty contract regret variance substance distinction absolute freedom contract one term important enter equally consideration given received restriction one greater essence kind one multiplier multiplicand said long hours labor direct effect upon health employee low wage respectable authority close observers disclosed record literature subject quoted length briefs equally harmful regard congress took view say warranted deference able opinion brethren concur appears exaggerate importance wage term contract employment inviolate terms conclusion seems influenced fear concession power impose minimum wage must carry concession power fix maximum wage submit non sequitur line distinction like one discussion case opinion elsewhere admits matter degree practical experience pure logic certainly wide difference prescribing minimum wage maximum wage matter degree experience easily affirmed moreover decisions sustained legislative limitations respect wage term contracts employment mclean arkansas sup held within legislative power make unlawful estimate graduated pay miners weight screening coal knoxville iron harbison sup held stores orders issued wages must redeemable cash patterson bark eudora sup law forbidding payment wages advance held valid like case strathearn dillon sup impose minimum wages take away employee freedom agree fixed medium paid paid features might affect amount mode enjoyment first two really rested advantage employer dealing employee third deemed proper curtailment sailor right contract interest proneness squander wages port sailing bunting oregon supra employees mill factory manufacturing establishment required worked hours day accept additional hours permitted less per cent usual wage sustained mild penalty imposed employer enforce limitation hours necessarily curtailed employee freedom contract work wages saw fit accept hours feel therefore either basis reason experience authority boundary police power drawn include maximum hours exclude minimum wage without however expressing opinion minimum wage limitation enacted adult men enough say case us involves application minimum wage women right thinking legislature find much support experience view sweating wage great direct tendency bring injury health morals workers view long hours injure health respectfully submit muller oregon sup ann cas controls case law sustained forbade employment female mechanical establishment factory laundry hours covered pretty wide field women work seem sound distinction case built fact law us applies occupations women power board make certain exceptions justice brewer spoke muller oregon based conclusion natural limit women physical strength likelihood long hours therefore injure health since series cases may said established rule decision riley massachusetts sup miller wilson sup bosley mclaughlin sup cases covered restrictions wide varying fields employment later cases found objection particular law based ground general application left employments sure reading opinion whether thinks authority muller oregon shaken adoption nineteenth amendment nineteenth amendment change physical strength limitations women upon decision muller oregon rests amendment give women political power makes certain legislative provisions protection accord interests see think warra ted varying constitutional construction based physical differences men women amendment inability agree general observations forcible opinion justice holmes follows silent merely record concurrence says perhaps wiser however case importance separately give reasons dissenting authorized say justice sanford concurs opinion justice holmes dissenting question case broad one whether congress establish minimum rates wages women district columbia due provision special circumstances whether must say congress power meddle matter notwithstanding deference due prevailing judgment power congress seems absolutely free doubt end remove conditions leading ill health immorality deterioration race one deny within scope constitutional legislation means means approval congress many governments learned greatest lessons many intelligent persons studied matter us thought means effective worth price seems impossible deny belief reasonably may held reasonable men law encountered objection means bore relation end cost much suppose anyone venture say bad agree course law answering foregoing requirements might invalidated specific provisions constitution instance might take private property without compensation present instance objection urged found within vague contours fifth amendment prohibiting depriving person liberty property without due process law turn earlier decisions upon words fourteenth amendment began within memory went farther unpretentious assertion liberty follow ordinary callings later innocuous generality expanded dogma liberty contract contract specially mentioned text construe merely example want embodied word liberty pretty much law consists forbidding men things want contract exempt law acts without enumerating restrictive laws upheld mention seem interfered liberty contract quite seriously directly one us usury laws prohibit contracts man receives much interest money lends statutes frauds restrict many contracts certain forms sunday laws prohibit practically contracts whole life insurance rates may regulated german alliance ins lewis sup concurred decision without regard public interest insurance said clothed seemed principle general contracts may forced upon companies national union fire ins wanberg sup ed november employers miners may required pay coal weight screening mclean arkansas sup employers generally may required redeem cash store orders accepted employees payment knoxville iron harbison sup payment sailors advance may forbidden patterson eudora sup size loaf bread may established schmidinger chicago sup ann cas responsibility employers employees may profoundly modified new york central white sup ann cas arizona employers liability cases sup finally women hours labor may fixed muller oregon sup ann cas riley massachusetts sup hawley walker sup miller wilson sup bosley mclaughlin sup principle extended men allowance limited overtime paid rate time regular wage bunting oregon sup ann cas confess understand principle power fix minimum wages women denied admit power fix maximum hours work fully assent proposition elsewhere distinctions law distinctions degree perceive difference kind degree interference liberty matter concern one case bargain equally affected whichever half regulate muller oregon take good law today need nineteenth amendment convince differences men women legislation take differences account hesitate take account thought necessary sustain act quong wing kirkendall sup bunting oregon sup ann cas supposed necessary lochner new york sup ann cas allowed deserved repose 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 police laws upheld see greater objection using board apply standard fixed act commissions become familiar requirement license cases fact statute warrants classification like classifications may bear hard upon individuals exceptional cases notwithstanding power given board issue special license greater infirmity incident law ground law held fail fundamental therefore unnecessary consider matters detail criterion constitutionality whether believe law public good certainly prepared deny reasonable man reasonably might belief view legislation great britain victoria number union belief fortified remarkable collection documents submitted behalf appellants material conceive showing belief reasonably may held australia power fix minimum wages case industrial disputes extendi beyond limits one state given president wrote interesting account operation harv law rev legislature adopt thinks doctrine modern economists schools contract misnomer applied contract employer ordinary individual employee ibid pronounce opinion agree impossible entertained reasonable men legislature accept opinion industrial peace best attained device powers feel able contradict deny end justified restrictive legislation quite adequately beliefs concerning sunday exploded theories usury doubts whether bill paid every gain although hidden interstitial detriments greater gain worth matter decide opinion statute valid decree reversed footnotes exact situation lyons case shown statement first part opinion