age earners is put on two
grounds--the constitutional and the economic. On the constitutional
argument, only the briefest comment will be attempted; and that without
any intention to dogmatize upon a most complicated subject. That is that
the test of the constitutionality of these proposals should be the
balance of good or harm they promise. The constitution is at bottom but
a very wise guide as to what public good and harm consists of. But as
the conditions and facts which determine good and harm change, these
changes should be reflected in the interpretation of the constitution.
These living wage proposals do not, it seems to me, offend against any
of the fundamental ideas which the constitution contains.
The economic argument against the extension of the living wage policy to
male wage earners is usually based on the contention that it is
unnecessary, or that it has a bad effect upon the spirit and character
of the male wage earners concerned, or upon both these contentions. As
to its necessity, the statistics of wages for the least favorably placed
groups of male wage earners, and observation of their economic handicaps
offer sufficient evidence. As to the belief that the extension would be
destructive of the spirit or character of the male wage earners
concerned, there is little or no factual support for that view, and much
to refute it. A minimum level of economic existence is requisite to the
growth and development of personal initiative and of a spirit of
self-confidence. Vigor and independence of temper and action is not bred
in a position of extreme economic dependence. One does not have to be
blind to the dangers of paternalistic legislation to believe that living
wage policy for male wage earners is justified, under modern industrial
conditions. All the more so, since experience with living wage
legislation proves that it encourages voluntary organization among the
wage earners. And this fact, indeed, is also a fair answer to the tough
dislike of the American labor unions for all other methods of settling
the wages of male workers than that of collective bargaining.
6.--We may now pass from the possible objections to the scope of these
proposals, to those which may be fairly leveled against their substance.
Although the living wage principle has been used in wage settlement
throughout the Australian Dominions, in many English industries, and in
a limited number of industries in some of the American state
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