Although there has been much experience of minimum wage legislation for men in Australia and a certain amount of it in England, it has not been tried in this country. In this case, as in the case of the legislation regarding maximum hours, the objection is made that the legislation does not fall within the police power of the state and is unconstitutional since it interferes with the freedom of contract. The minimum wage for men, therefore, has been the minimum wage established by the collective bargaining of labor organizations. Several states have, however, undertaken to pass minimum wage laws for women and minors. Sometimes this legislation declares it unlawful to employ women at a rate lower than that declared by the statutes to be a minimum wage. Another and a more usual method is to establish a Commission whose duty it is to investigate and to learn what wage will support the women workers according to a decent standard, and to declare such wage the legal minimum wage. As a rule in states having this legislation employers are prohibited from employing women workers at a wage lower than the legal minimum but in some cases there is no other sanction for the enforcement of the law than public opinion. The Oregon minimum wage law was the first to be brought before the United States Supreme Court, where it is still pending at the present writing. 236. Legislation for the protection of life and health. - Not less important than the legislation restricting hours and providing a minimum wage is that which safeguards the lives and health of the workers. In recent years elaborate codes of laws have been developed by the more progressive states providing for the fencing in and the covering over of dangerous machines and work places and for proper lighting and ventilation of factories. Industries which are especially dangerous receive special attention.

Not long ago a federal law was passed which put an end to the manufacture and sale in this country of matches in the making of which white phosphorus was used. The purpose was to protect the workers from the loathsome and dangerous disease known as phosphorus necrosis. For the workers in the mines, too, much protective legislation has been enacted. The need for legislation of this general character is so evident to any one who gives thought to the matter at all that it is, comparatively speaking, not difficult to have such legislation passed. The principal difficulty comes in having it enforced, for the workmen themselves are often too careless and indifferent to insist upon or to desire its enforcement and the employers often find it burdensome. At the present time there is a widespread need of better factory inspection and better enforcement of factory legislation.