50 MINIMUM WAGE LEGISLATION IN VARIOUS COUNTRIES

minimum wages remained below the figures ascertained to be the cost
of living. But within its restricted limits the recommendatory law
lias been operative.
Conditions in the States with mandatory laws have become somewhat
 similar, through the necessity of working in harmony with the
employers, in order to avoid appeals to the courts which might lead
to judgments declaring the laws to be unconstitutional. Even 1n
California, where application of the law, based on the outspoken
support of the principal employers’ associations, has been more
active than elsewhere, prosecutions seem to have been systematically
avoided. The industrial welfare commission states that during four
years 1,526 complaints have been filed with the commission, including
 complaints on nonpayment of the minimum wage, bad working
conditions, and failure to provide a day of rest. These complaints
were all investigated and conditions adjusted to conform to the orders
of the commission.®* During the four years under consideration
about $36,000 of unpaid minimum wages were collected for the
workers, but no application of fines is mentioned. Careful inspection
 and regular audits enabled the commission to obtain these results,
 which show in a singular way the possibilities of law enforcement
 without judicial pressure. Enforcement in other States was
really efficient and complete for minors only, as that part of the
law was not touched by the decisions of the courts.

Results

Te obtain as complete and impartial a picture as possible of the
advantages and disadvantages resulting from minimum wage
legislation, statistical, documentary, and testimonial evidence on the
various claims as to the results of such legislation in the United
States is here presented. It may be in the interest of clearness to
present separately the evidence as to advantages and disadvantages.
The claims made by the supporters of the legislation are in the main
the following: (1) Removal or lessening of unfair depression of
lowest wage levels of woman workers; 3? (2) stimulation of efficiency
of employers and employees; ®* (3) benefit to competitive employers;
 ** (4) influence toward industrial peace;®® (5) influence on
general increase of women’s wages and living standards.3®
Other arguments have been advanced for such legislation; for
instance, that the raising of women’s wages will decrease their competition
 with men; and that the requirement of higher wages for
minors will cause their replacement by adults and keep children
longer in school. The first of these seems identical with one of the
main arguments against the minimum wage—the fear that women
will lose their employment—and will be considered with such arguments
 (see p. 55). No evidence has been produced to support the
claim as to the influence of the minimum wage on school attendance.

st (Jglifornia. Industrial Welfare Commission: What California Has Done to Protect
the Women Workers. Sacramento, 1927, p. 12.
2 District of Columbia Minimum Wage Cases. Brief for Appellants. Supreme Court
of the United States, October term, 1922. New York, 1923, p. 1.
# Jdem, p. 301.
*# Idem, p. 334.
® Idem, p, 362.
#8 National Industrial Conference Board. Minimum Wage Legislation in Massachusetts
New York, 1927, po. B.