Syllabus. MOREHEAD, WARDEN, v. NEW YORK EX REL. TIPALDO. CERTIORARI TO THE SUPREME COURT OF NEW YORK. No. 838. Argued April 28, 29, 1936.-Decided June 1, 1936. 1. This Court, in certiorari cases, confines itself to the ground upon which the writ was asked for and granted. P. 604. 2. A New York Act, Laws of 1933, c. 584, declares it to be against public policy for any employer to employ any woman at an oppressive or unreasonable wage, defined as one which is "both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health"; it defines "a fair wage" as one "fairly and reasonably commensurate with the value of the service or class of service rendered"; and empowers a commissioner, if he be of the opinion that any substantial number of women in any occupation are receiving "oppressive and unreasonable" wages, to appoint a wage board to make inquiry and report its recommendations as to minimum fair wage standards. Standards so reported, when accepted by the commissioner, after publication and further hearings, may be enforced by his mandatory order, violation of which is punishable by fine and imprisonment. The New York Court of Appeals, in this case, construed the statute as requiring that the minimum wages to be fixed under it shall be not only equal to the fair and reasonable value of the services rendered, but also sufficient to meet the minimum cost of living necessary for health, and decided that, so construed, it was unconstitutional. Held: (1) This Court is bound to accept the state court's construction of the statute. Pp. 605, 609. (2) So far as concerns the validity of this Act, the restraint imposed by the due process clause of the Fourteenth Amendment upon the legislative power of the State is the same as that imposed by the due process clause of the Fifth Amendment upon the legislative power of the United States. P. 610. (3) The Act, as construed by the state court, is in conflict with the due process clause of the Fourteenth Amendment. Adkins v. Children's Hospital, 261 U. S. 525. P. 609 et seq. 3. The decision in Adkins v. Children's Hospital, supra, and the reasoning upon which it rests, clearly show that the State is without power by any form of legislation to prohibit, change, or Argument for the Warden. 298 U.S. nullify contracts between employers and adult women workers as to the amount of wages to be paid. The dominant issue in that case was whether Congress had power to establish minimum wages for adult women workers in the District of Columbia. The opinion directly answers in the negative. The ruling that defects in the prescribed standard stamped the Act of Congress as arbitrary and invalid was an additional ground of subordinate consequence. P. 610. 4. The “factual background" of this case does not distinguish it in principle from the Adkins case, supra. P. 614. 270 N. Y. 233, affirmed. CERTIORARI, 297 U. S. 702, to review a judgment of the Supreme Court of New York, entered on remittitur from the Court of Appeals. Tipaldo had been placed in custody on a charge of disobeying an administrative order prescribing minimum wages for women employees. The trial court's dismissal of a writ of habeas corpus was reversed by the decision under review. Mr. Henry Epstein, Solicitor General of New York, with whom Mr. John J. Bennett, Jr., Attorney General, and Mr. John F. X. McGohey, Assistant Attorney General, were on the brief, for petitioner. The ultimate end sought by the New York Minimum Wage Law is the promotion of the public good. The immediate end is the establishment of a wage for women and minors which is reasonably and fairly commensurate with the value of the services rendered. The Legislature, in addition, by means of a minimum wage, endeavored to protect industry from the evils of unfair competition. which accompany the exploitation of employees by the least conscionable group of employers. The wage found for the laundry industry was less than the necessary normal health standard for an employed woman, and was based solely upon the fair value of the services rendered. Thus the cost of living standard is 587 Argument for the Warden. not used to raise the minimum wage above what is found to be a fair return for the services rendered. The use of the standard of reasonable value for services rendered and the method of determining this reasonable value are familiar to the Courts. Texas & N. O. R. Co. v. Railway Clerks, 281 U. S. 548. The Federal Trade Commission Act, the Clayton Act, and the Interstate Commerce Act all look to the elimination of unfair competitive tactics. An employer who regularly pays less than a "fair wage" would have a definite and unfair advantage over his less grasping competitor were it not for the equalizing effect of such a statute. See Central Lumber Co. v. South Dakota, 226 U. S. 157; Whitfield v. Ohio, 297 U. S. 431; Nebbia v. New York, 291 U. S. 502. Minimum wage legislation for women and minors has received legislative recognition in many of our States and in many foreign countries. The health of women in industry is of deep concern to the State. The social and economic circumstances surrounding the employment of women, affected as they are by physiological considerations, have repeatedly been the basis of judicial statements to the effect that women are in a class by themselves, as a special concern of the State. Their health and welfare in the performance of physical labor so fundamentally affect the public welfare and are of such public concern that legislation designed for their special protection has been sustained even when like legislation for men might not be. Muller v. Oregon, 208 U. S. 412; Riley v. Massachusetts, 232 U. S. 671; Hawley v. Walker, 232 U. S. 718; Miller v. Wilson, 236 U. S. 373; Bosley v. McLaughlin, 236 U. S. 385; Radice v. New York, 264 U. S. 292; People v. Charles Schweinler Press, 214 N. Y. 395. Changes in modern industry affecting the economic status of the family have brought to women growing re Argument for the Wien. 225 U.S. nullify contracts between employers and aft women workers as to the amount of wages to be paid. The briant we in that case was whether Congress ad power to enatust minimum wages for adult women workers the Dene of Columbia. The opinion directly answers the bearme. The ring that defects in the prescribed standard sumped the Art of Congress as arbitrary and invalid was an alenial pond of scherinte consequence. P. 610. 4. The "factual background" of this me does or fistingish it in principle from the Afins esse, a 270 N. Y. 233, affirmed. CERTIORARI, 297 U. S. 702 to review & judgment of the Supreme Court of New York entered to remaining from the Court of Appeals. Tipals: had been placed in custody on a charge of disobeying on sinistrative order prescribing minimum wages for winen employees. The trial court's dismissal of a win of habess riepas was reversed by the decision under reme Mr. Henry Epstels, Scattie Gecers of New York. with whom Mr. John J. Bennett Jr. Amoney General. and Mr. John F. X. Mcbbey Assin Amoney General, were on the brief for pectincer The ultimate end sought by the New York Minimum Wage Law is the promotion of the pitür good... The im mediate end is the estilistment of a vage fte women and miners whić i restar me it NCDesaste with the value of the serm WHOL The Legislature, in addition, by means of a 1 in Var pesmore i to protect industry from the gris if unar napetition which accompany the explication of entires by the least conscionable group of endures The ware found for the kuT DIST Vas less than the necessary normal beulu statut te u employed woman, and wis based sunc 2001 28 Bar vibe of the services rendered This the as a ing standard is 587 Argument for the Warden. not used to raise the minimum wage above what is found to be a fair return for the services rendered. The use of the standard of reasonable value for services rendered and the method of determining this reasonable value are familiar to the Courts. Texas & N. O. R. Co. v. Railway Clerks, 281 U. S. 548. The Federal Trade Commission Act, the Clayton Act, and the Interstate Commerce Act all look to the elimination of unfair competitive tactics. An employer who regularly pays less than a "fair wage" would have a definite and unfair advantage over his less grasping competitor were it not for the equalizing effect of such a statute. See Central Lumber Co. v. South Dakota, 226 U. S. 157; Whitfield v. Ohio, 297 U. S. 431; Nebbia v. New York, 291 U. S. 502. Minimum wage legislation for women and minors has received legislative recognition in many of our States and in many foreign countries. The health of women in industry is of deep concern to the State. The social and economic circumstances surrounding the employment of women, affected as they are by physiological considerations, have repeatedly been the basis of judicial statements to the effect that women are in a class by themselves, as a special concern of the State. Their health and welfare in the performance of physical labor so fundamentally affect the public welfare and are of such public concern that legislation designed for their special protection has been sustained even when like legislation for men might not be. Muller v. Oregon, 208 U. S. 412; Riley v. Massachusetts, 232 U. S. 671; Hawley v. Walker, 232 U. S. 718; Miller v. Wilson, 236 U. S. 373; Bosley v. McLaughlin, 236 U. S. 385; Radice v. New York, 264 U. S. 292; People v. Charles Schweinler Press, 214 N. Y. 395. Changes in modern industry affecting the economic status of the family have brought to women growing re |