The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-02-20
Paternal Legislation Proposed.

The House OF Representatives In Con.
gress has adopted a resolution introduced
by Mr.. SHERMAN HoAR, tho young Column
bian from Massachusetts, for the thorough
investigation by the Committee on Manu-
features of the so-called sweating sys-
tenn" Bills have also been prepared and
will probably soon be introduced by
Democratic representatives from New
York for the purpose Of diminishing the
smoking of cigarettes by the imposition OF
an unusually high internal revenue tax on
that particular manufacture Of tobacco.
These two propositions of Federal legisla-
ton. though at first sight they have little
in common. are similar in that they are
recommended and urged by members Of
the Democratic party. and yet that they
both involve principles dramatically op-
posed to the traditions Of that party.
The methods Of manufacture and the
wages paid by employers OF labor may be u
very proper subject Of inquiry by Congress
in connection with some question Of tariff
or Of Interstate commerce upon which Con-
gress has constitutional authority to legis-
late. but the sociological and contractual
conditions involved in what is termed
the sweating system" are not of
such character, and Mr.. HoAR does
not propose to investigate them for
any such purpose. The subletting
Of contracts to dodgers In tenement
honses for the lowest possible prices. which
in general Is the gist Of the so-called
sweating system" is matter purely OF
State and mainly Of municipal regulation.
Congress could not constitutionally enact
any law regarding tho business. how
ever deplorable It's features might be
discovered to be. An investigation
by Congress into tho matter would
therefore be without any practical
bearing on any question properly within its
jurisdiction. Such an investigating COM
mittee presumably could not enforce an
swers to its inquiries. and the only result
would be futile and demoralizing waste Of
time and money. Such inquiries have been
undertaken legitimately by Parliament in
England. though usually for partisan p,lr-
poses, at great expense and with trivial re-
turns. But Congress has not the powers OF
Parliament and cannot Mt It's will institute
IN arbitrary Investigation into private and
local affairs simply with the Quixotlc do
sign OF redressing abuses and improving
the condition OF society.
The proposed anti-cigarette legislation ls
equally undemocratic. 1t involves dis
against particular industry.
It's only justification Is that the products
OF that industry are. when used to excess
by individuals. detrimental to health. But
the principle OF discriminating legislation.
IL once tolerated. is destructive to liberty.
The dangerous precedent was set. indeed.
by Democratic President when he signed
tho Oleomargarine bill. but that act is now
to have been contrary to the
principle OF true democracy.
The plea OF moral benefit is no justification
for such an extension OF Federal authority
for tho same plea would justify Fed
eral Prohibition law or Federal GEN.
sorship OF books. Such matters con-
rerning the public health and con-
vcnience and local manners and customs
are strictly subject only to police super
vision. and their control or even their in
by Congress is unconstitutional.
and. IL confirmed by the courts. would soon
prove intolerable and as dcspotc as tho |
socialistic legislation of modern Germany. |
American citizens do not need patcrnal
and no such government was
Intended by the trainers Of the Constitution.