Wilson v. New

Citations

• 243 U.S. 332
• 37 S. Ct. 298
• 61 L. Ed. 755
• 1917 U.S. LEXIS 2045

Syllabus

<p>The effect of the Act of September 3, 5, 1916, entitled “An Act to establish an eight-hour day for employees of carriers engaged in interstate and foreign commerce, and for other purposes,” c. 436, 39 Stat. 721, is not only to establish permanently an eight-hour standard for work and wages as between the carriers and employees affected, but also to fix a scale of minimum wages, to wit, the rate of wages then existing, for the eight-hour day and proportionately for overtime, to be in force only during the limited period defined by the act.</p> <p>Viewed as an act establishing an eight-hour day as the standard of service by employees, the statute is clearly within the power of Congress under the commerce clause.</p> <p>The power to establish an eight-hour day does not beget the power to fix wages.</p> <p>In an emergency arising from a nation-wide dispute over wages between railroad companies and their train operatives, in which a general strike, commercial paralysis and grave loss and suffering overhang the country because the disputants are unable to agree, Congress has power to prescribe a standard of minimum wages, not confiscatory in its effects but obligatory on both parties, to be in force for a reasonable time, in order that the calamity may be averted and that opportunity may be afforded the contending parties to agree upon and substitute a standard of their own.</p> <p>Where a particular subject lies within the commerce power, the extent to which it may be regulated depends on its nature and the appropriateness of means.</p> <p>The business of common carriers by rail is in one aspect a public business, because of the interest of society in its continued operation and rightful conduct; and this 'public interest gives rise to a public right of regulation to the full extent necessary to secure and protect it.</p> <p>Although emergency may not create power (Ex parte Milligan, 4 Wall. 2), it may afford reason for exerting a power already enjoyed.</p> <p>The act