ion in question for women; and, on the
other hand, a constant effort on the part of the men to keep the women
out of all new employments.
The best advised foundation for present policy, in my opinion, is the
two separate bases of assessment, suggested above.[130] In its favor, it
may be pointed out that it corresponds to a certain extent to the
existing relation between the wages of men and women in industry, and it
would not, therefore, produce any violent change. Its unsatisfactoriness
lies in the possibility that it may gradually lead to a displacement of
men by women in many employments. On the question of whether such
displacement is to be desired, there is room for the very deepest
differences of opinion. It seems to me, however, that the industrial
history of the nineteenth century proves the supreme importance of the
wage of the head of the family to the general welfare of the family. For
that reason, it is, in my opinion, wise to protect the wage of the male
head of the family; and thus to provide that when men and women are
employed upon the same work or when women are introduced into
employments hitherto filled by men, the wage rates for men should be
enforced throughout the employment. This ruling could be interpreted in
some cases in terms of the relative efficiency of men and women, if
there was a clear difference of efficiency. Of course, if the term
"relative efficiency" is construed to include the difference in the
indirect or overhead expense involved in the employment of male or
female labor in any occupation, such a policy would amount to throwing
open every field of employment to women.
There are a number of alternative policies that might be pursued in
order to ensure that the use of different bases of assessment for the
living wage for men and women should not lead to haphazard displacement
of men by women. Justice Brown in the Printing Trades Case has called
attention to the most important of them. "... I suggest," he writes,
"that with respect to any industry or grade, where the prima facie
formula above (that is, a different living wage for men and women) is
challenged, evidence should be given to show that it is desirable,
having in view the interests of all parties and of the community, that
men should be retained in that industry or grade even though such
retention might involve some departure from the formula in question.
Where such evidence is satisfactory there are several alternatives
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