New-York tribune., 1906-12-02
NATIONAL CHILD LABOR LEGiSLATION

Senator Beverdge's plan for national child
labor law involves the practical exercise Of
federal jurisdiction over matters hitherto re-
garded as of purely local concern, which goes
beyond anything in the way of Capitalization
that this country has yet known. He proposes
to forbid common carriers engaged in inter-
state commerce 10 distribute the product of
any factory mine the owner of which has
not filed with the Department of Commerce
and Labor statement to the effect that he
does not employ and has not for six months
employed. any child under fourteen years of
age. The interstate commerce clause of the
Constitution is 10 be used. not 70 regulate COM
merce. but TO improve the educational and So
cial conditions of the people in the various
states who, possessing ample power 10 make
their own labor laws have not seen ft to re-
strict child labor to the extent thought deslra-
BILE by philanthropsts. No doubt the employ
ment of children Of tender years in factories
is to be deplored, and it is to be hoped that
It will be effectualy prevented before long IN
every state in the Union. but the attempt to
enforce what is practically federal police reg
ulation In the states under cover of regulating
interstate commerce. should have grave consld-
Grafton before it is adopted.
We may fully accept the doctrine Of implied
powers and believe that with the fntegratlon
Of our national life the federal government
must broaden it's activities to deal with mat
ters, formerly relegated to local reputation
which have come to be Of national concern
without concedng the wisdom of such legis-
Iation as Senator Beveridge proposes. 1t will
not do to leave a legal No-NIan's Land between
the spheres Of federal and state jurisdiction in
which abuses can intrench themselves. The
doctrine enunca ted by James Wilson more
than century ago. that whenever an object
occurs to the direction Of which no partlcu-
'Tar state Is competent the management OF 1t
must of necessity belong to the United States
Gin Congress assembled" is undoubtedly sound
and salutary. No doubt, also, 1t is within
the power of the federal government to use
its control over interstate commerce as is pro-
posed but is such indirection justifable? 1t
is true that the United States has excluded lot
tery tickets from interstate commerce, but that
was not a case of protecting the people of
state against themselves but of protecting the
people OF state against an evil intrenched
elsewhere New York being demoraized
by gambling conducted under the authority of
the State Of Louisiana. and no matter how
much II might ieeislate for It's own people 1t
could not protect them. So. too. with meat IN
spection New York was dependent on food
prepared in other states, but had no power to
see that that food was safely and decently
prepared
The activities of the United States along
these lines have hitherto been IN harmony with
Wilson's doctrine. It's police powers have been
used to protect the states from evils Of eZter-
nal origin The evils Of child labor. however.
great as they are are predominantly local.
The goods produced not a menace TO the
people Of other states. Each state is able TO
protect its own children. and 1t would seem az
II It should he left to do so, unless. Indeed, we
have reached the point of subordinatng state
governments and having a uniform regulation
of domestic life throughout the country.
It NAV. perhaps. be said that the states which
permit child labor set bad example soclailS'
and also indulge IN unfair competition, TO the
injury Of states with proper regulations AS to
the first complaint the same thing may be
said OF every social and economic condition In
any state which is not UP to the highest stand
ard demanded by the most enlightened public
oninion AS to the complaint Of unfair COM
petition the same argument would Justify the
federal government In penalzing the states
which have cheap water power for the protec-
ton Of the states which manufacture with
coal obtained at high cost. Only In the
most indirect and sentimental way Is the ques-
ton of child labor one of national concern IN
the sense that each state has not now full
power to deal with It for its own people. Much
as the protection Of children Is to be desired
and the labor conditions of some states are TO
be deplored, any attempt to make the united
States government virtually local police power
and to burden commerce with the necessity
OF inuuirng into the origin of every machine,
and book. and yard Of cloth, when the conol-
tions OF their production should be regulated
by the state police power is of very doubtful
wisdom.