Mabee v. White Plains Publishing Co.
Opinion of the Court
delivered the opinion of the Court.
Respondent publishes a daily newspaper at White Plains, New York. During the period relevant here, its daily circulation ranged from 9,000 to 11,000 copies. It had no desire for and made no effort to secure out-of-state circulation. Practically all of its circulation was local. But about one-half of 1 per cent was regularly out-of-state.
The appellate division applied the maxim de minimis to exclude respondent from'the provisions of the Act. We think that was error. The Court indicated in Labor Board v. Fainblatt, 306 U. S. 601, 607, that the operation of the National Labor Relations Act (49 Stat. 449, 29 U. S. C. § 151) was not dependent on “any particular volume of commerce affected more than that to which courts would apply the maxim de minimis.” That Act,
We stated in United States v. Darby, 312 U. S. 100, 123, “Congress, to attain its objective in the suppression of nationwide competition in interstate commerce by goods produced under substandard labor conditions, has made no distinction as to the volume or amount of shipments in the commerce or of production for commerce by any particular shipper or producer. It recognized that in present-day industry, competition by a small part may affect the whole and that the total effect of the competition of many small producers may be great.” And see Warren-Bradshaw Co. v. Hall, 317 U. S. 88, 91. That view is borne out by the legislative history of the Act. Earlier drafts had embodied the “substantial” standard.
Respondent argues that to bring it under the Act, while the small weeklies or semi-weeklies are exempt by reason of § 13 (a) (8), is to sanction a discrimination against the daily papers in violation of the principles announced in Grosjean v. American Press Co., 297 U. S. 233. Volume of circulation, frequency of issue, and area of distribution are said to be an improper basis of classification. Moreover, it is said that the Act lays a direct burden on the press in violation of the First Amendment. The Grosjean case is not in point here. There the press was singled out for special taxation and the tax was graduated in accordance with volume of circulation. No such vice inheres in this legislation. As the press has business aspects, it has no special immunity from laws applicable to business in general. Associated Press v. Labor Board, 301 U. S. 103, 132-133. And the exemption of small weeklies and semi-weeklies is not a “deliberate and calculated device” to penalize a certain group of newspapers. Grosjean v. American Press Co., supra, p. 250. As we have seen, it was inserted to put those papers more on a parity with other small town enterprises. 83 Cong. Rec. 7445. The Fifth Amendment does not require full and uniform exercise of the commerce power. Congress may weigh relative needs and restrict the application of a legislative policy to less than the entire field. Steward Machine Co. v. Davis, 301 U. S. 548; Currin v. Wallace, 306 U. S. 1, 13-14.
We hold that respondent is engaged in the production of goods for commerce. That, of course, does not mean that these petitioners, its employees, are covered by the Act. The applicability of the Act to them is dependent on the
Reversed.
About 45 copies daily. There appears to have been an out-of-state circulation of 43, 46, and 40 for the years ending March 31, 1939, 1940, and 1941 respectively.
Cf. Davis v. Goodman Lumber Co., 133 F. 2d 52, 53; Sun Publishing Co. v. Walling, 140 F. 2d 445, 448; New Mexico Public Service Co. v. Engel, 145 F. 2d 636, 640.
Sec. 1 of that Act is a’ statement of the policy of Congress. It states that the denial by employers of the right of the employees to bargain collectively has the intent or effect of burdening or obstructing commerce by “materially affecting” the flow of goods from or into the channels of commerce or by “causing diminution of employment and wages in such volume as substantially to impair or disrupt” the market for such goods.
See, for example, H. R. 7200, 75th Cong., 1st Sess.,'introduced May 24, 1937. It provided for a Labor Standards Board to administer the Act. The Board was to be given the power to establish minimum wages when it found, inter alia, that wages lower than a minimum fair wage were paid to employees “engaged in the production of goods which are sold or shipped to a substantial extent in interstate commerce ...” §5 (a).
The Confidential Committee Print of April 13, 1938, containing a proposed amendment to S. 2475, 75th Cong., 3d Sess., and embodied in the Committee Print of April 15, 1938, S. 2475, 75th Cong., 3d Sess., would have limited the applicability of the Act to employers “engaged in commerce in any industry affecting commerce . . .” §§ 4, 5. It was further provided by § 6 of the draft that the Secretary of Labor should, after notice and hearing, determine the relation of the various industries to commerce. Only if the Secretary found that the industry was (a) “dependent for its existence upon substantial purchases or sales of goods in commerce and upon transportation in
A number of bills have been introduced since the passage of the Act to secure a similar exemption for daily newspapers, but none of them has passed. See H. R. 7340, 76th Cong., 1st Sess.; S. 4385, 76th Cong., 3d Sess.; H. R. 64, H. R. 4208, S. 1310, S. 284, 77th Cong., 1st Sess.
Dissenting Opinion
dissenting.
I agree that to print approximately 10,000 newspapers a day and regularly to send 45 of them, or % of 1%, out of the State is to produce goods for interstate commerce. But I cannot agree that Congress meant to include a business of that nature within the ambit of the Fair Labor Standards Act of 1938.
This Court, in Labor Board v. Fainblatt, 306 U. S. 601, 606, stated that “The amount of the commerce regulated is of special significance only to the extent that Congress may be taken to have excluded commerce of small volume from the operation of its regulatory measure by express provision or fair implication.” Concededly, Congress has not excluded commerce of small volume from the coverage of the Fair Labor Standards Act by “express provision.” But certainly the “fair implication” is one. of exclusion. On numerous occasions we have pointed out that Congress in this Act did not exercise the full scope of its commerce power, Kirschbaum Co. v. Walling, 316 U. S. 517, 522-523, and that Congress plainly indicated its purpose to leave local business to the protection of the States so far as wage and hour problems were concerned, Walling v. Jacksonville Paper Co., 317 U. S. 564, 570; Phillips Co. v. Walling, 324 U. S. 490, 497.
I would therefore affirm the judgment below in this respect.
Reference
- Full Case Name
- MABEE Et Al. v. WHITE PLAINS PUBLISHING CO.
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- Published