Freeland tribune. (Freeland, Pa.) 1888-1921, 1902-06-13
LABOR AND THE LAW
WHY MORE HAS NOT BEEN DONE
FOR THE WORKERS.

John Il. Gardner, chairman or the
labor committee Of the national house
Of representatives, contributes an ar
ticle to the Chicago Tribune on the
subject of labor legislation from which
the following is taken:
The United States is not so advanced
in labor legislation as foreign coun-
tries, Notwithstanding the general idea
in this country that we are far ahead
In all that pertains to the condition of
our workers. That we have not made
greater progress in this respect Is due
in part to the fact that the United
States Is a young nation, and society
has not demanded or required as much
regulation as in the old countries. Fur
thermore, it is partly due to the fact
that the powers of the general govern
ment are limited and still further to
the fact that even the states have tied
up their power to make laws, going as
far as foreign legislation by the adop-
ton of state constitutions limiting the
exercise of their own sovereign powers.
These three causes have contributed to
hold back progressive legislation in be-
half of our workers not only in the
states, but also in the federal govern
ment, and as result the labor laws
Of Germany, Great Britain and other Eu
ropean countries show considerably
greater degree Of fostering care for the
workingmen than those of the United
States. Germany, for instance, goes to
the extent of establishing n system of
old age pensions for civilian employees,
and the British employers liability act
goes much further than like legislation
In the United States.
The public in this country has never
taken cognizance of the singular fact
In Grants career that the eight hour
movement was a subject in which he
was greatly interested. On two occa-
slons he issued proclamations urging
and enjoining on officials that they en-
force the eight hour day. This was un-
der the eight hour law of 1868, which
became effective about the time Grant
entered the White House.
Following this there was the gradual
came from time to time through the
appropriation bills without going
through the regular channels. The
eight hour law was extended to the
government printing office through an
appropriation bill. An eight hour day
for letter carriers was tackled on to an
appropriation bill. There has been leg
islation Of the same kind for govern
ment clerks, almost always on appro-
prlation bills. But the effect in this
last case has been instead of shorten
ing the day to keep 1t up to something
like standard. A government clerk
now works only six and half hours.
The present eight hour bill before
congress, which has been so much dis
cussed, grows out of the effort to find
Il constitutional way of doing what the
Tarsney bill attempted to do and what
was believed by the laboring men of
the country was done. When a propo-
sltion was made to eliminate the mar
rowing words of the Tarsney act "on
any of the public works of the United
States," the point was raised that leg
isation would be unconstitutional in
that form, and the point was doubtless
sound. So l conceived that the govern
ment, being a sovereign in making its
own contracts, could impose any condi-
tions that the contractor would accept,
and that by providing for an eight hour
day in the contract itself the con-
stitutional question Of jurisdiction was
eliminated. The lawyers representing
the opposition to this movement then
disputed this, but now, four years
later, they generally concede the cor
rectness of the view. So that if the
pending eight hour bill becomes law
it accomplishes just what previous leg
islation sought to accomplish, but fail
ed to do owing to the inability to sur
mount the constitutional barrier.
outside of the eight hour law the
United States government has accom-
pllshed little in the way of direct legis-
lation in behalf of labor except by the
general rule Of paying better wages to
government employees than are paid
TO private enr 1loyees This has proved
effective as an example merely and has
doubtless had n tendency to increase
the wage scale generally.
The difficulty in the way of accom-
plishing much lies in the limited juris-
diction of the general government. For
instance, congress has no power to
pass an employers liability act that
would take effect in the states. 1t has
no direct power to regulate the condi-
tion Of labor in the states except as to
contracts of the government. A way
through these difficulties will open
wider and wider as congress more and
more exercises jurisdiction over mat
ters of interstate commerce.
The disposition of the national legis-
lature to trespass more and more on
what has heretofore been regarded as
the exclusive domain of state power
Is apparent, and emergencies will i'm
pei the national courts more and more
10 uphold this invasion of state power.
This tendency is not free from danger
because the more general legislation
the more restlessness there is liable to
no i'm rpUnr1 to thn ppnpIol pOyprn-