Topic: DUE PROCESS #17

Adkins v. Children’s Hospital

261 U.S. 525,

Facts.

The District of Columbia Children's Hospital employed many women. It argued that Congress had violated
the Fifth Amendment when it set minimum wages for women and children in the District of Columbia.
The hospital sought an injunction against enforcing the law, which was denied in the trial court but
granted in the intermediate appellate court.

Contention:

It is an unconstitutional violation of due process for a law to mandate a minimum wage for working
women.

Issue.

Is the fixing of a minimum wage for children and women constitutional?

Held.

No. It is inappropriate to restrict a woman’s freedom to contract for her labor service when such
restriction is not equally applied to a man. The payment of a minimum wage puts a burden on the
employer that is completely unrelated to his business.

The Minimum Wage Law of the District of Columbia is unconstitutional because it is a price-fixing law,
directly interfering with freedom of contract, which is a part of the liberty of the citizen guaranteed in the
Fifth Amendment, and no exercise of the police power justifies the fixing of prices either of property or of
services in a private business, not affected with a public interest, and as a permanent measure.

The protection of liberty and property guaranteed in the Fifth and Fourteenth Amendments includes
freedom of contract, embracing contract for personal services

VD Balagat