Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-11
POWER OF CONGRESS
Diversity of Opinion Among
Senators.
A QUESTION OF LEGALITY
Extent of Action of Senate Committee
on Judiciary.
POINT In SP0ONER RESOLUTION
The Decision May Stop Child Labor
Legislation for This Session
Regulation of Commerce.
POINT In SP0ONER RESOLUTION

The Senate committee on the judiciary IS
likely in the near future to make report
-on the resolution offered by Senator
Spooner and adopted by the Senate last
month. This resolution instructs that COM
mittee to consider and report to the Senate
at the earliest possible date whether Con-
gress in the exercise of the power to "regu-
late commerce with foreign nations and
among the several states and with the
Indian tribes" can. in its opinion, con-
stitutionally prohibit the transportation of
commodities from the state in which they
were produced in whole or in part by child
labor.
The feature of the resolution that is espe-
cially Objectionable to some senators Is
the reference of a question of this kind
to a committee that did not have jurisdlc-
ton of the bill affected on which their
opinion is to have bearing. The bills
for the regulation of child labor have been
referred to the committee on education
and labor. The committee has in its MEM
bership several senators who have a high
standing legal authorities. But al
though that committee was given charge
of measures of this nature Mr.. Spooner
offered his resolution calling for an opinion
on the constitutionality of questions in
volved from the committee on the judiciary.
This action has been severely criticised by
some senators who declare that 1t amounts
to the setting up of little supreme court
in the Senate, because of the understand
ing that exists among great many sena-
tors that they will not undertake to spend
further time on the question at issue If the
committee on the judiciary should decide
that the proposition submitted to them in
relation to the child labor bill is unconsti-
tutional. In such an event, in the view of
many senators, national child labor legisa-
ton will be out of the question, for this
session of Congress at least
Coterie Opposed to Procedure.
There is growing in the Senate an impor-
tant coterie opposed to this procedure. and
it is apt to be heard from in forceful way.
These senators declare that the committee
on the judiciary has no special dispensation
to pronounce upon the constitutionalty Of
a question. While there are able lay law
yers on that committee, they declare that
its thirteen members do not monopolize the
legal ability of the Senate, and that the
Senate itself is fully able to discuss and to
decide upon the course it will take in legis-
lation. They do not propose, in case ma
jority of a quorum of the judiciary commit
tee of thirteen members decides that the
salient feature of the national child labor
bill is unconstitutional, the Senate of ninety
members shall accept that decision without
protest, especially as the Senate has many
eminent lawyers who are not on that COM
mttee.
1t is said that If such a procedure were
measure brought forward in the Senate
might be relegated to oblivion by major
ity Of the thirteen members of the commit
tee the judiciary. 1t is declared that
that committee was formed to consider the
class of bills that its name suggests. and
not to have any dominant force in de-
termning whatsis constitutional in leglsla-
ton to be considered by the Senate. If the
committee should report that in it's opin-
ion the Beyeridge BILL for instance, is I'M
constitutional because Congress has no
power to place ban upon interstate COM
merce in goods manufactured by child labor
in a state, then there is likely to be pro-
test against the acceptance OF such dc
tum. and many senators will demand the
right to have the question decided by the
Senate and not by committee.
Senator Beverages Position.
Senator Beveridse made a strong argu-
ment in the Senate in favor of the consti-
tutionality of the child labor bill that bears
his name, and great many senators take
the same view of that question. He point
en- to the lottery case as embodying in ex
press terms the right of Congress to pro-
hibit articles from interstate commerce.
In discussing that case Senator Spooner
asked Mr.. Beveridge whether Congress has
the power to pass law directly stopping
child labor In state. Mr.. Beveridge re-
piled that it did not and Mr.. Spooner asked:
"Can Congress do indirectly what it can
not do directly?"
Mr.. Beveridge replied by asking Mr..
Spooner whether Congress can pass a law
directly stopping lotteries in state, and
he answered No" Mr.. Beveridge retort-
ed by asking whether Congress could do in
directly what it cannot do directly with ref
erence to lotteries. Mr.. Spooner replied
that the Supreme Court was wrong on that.
Mr. Beveridge cited many laws on our
statute books prohibiting certain articles
from interstate commerce, such as insects,
uninspected cattle, uninspectcd meats and
the like. Senator Bacon wanted to know If
that did not grow out of the nature of the
article prohibited. Mr. Beveridge replied
that the power to prohibit did not grow out
of the nature of the article, but the policy
Of prohibiting it did.
To show that the nature of the article did
not have anything to do with the power,
he cited the law prohibiting gold and silver
articles from interstate commerce If they
have the words ~. g. assay on them
These articles, he said, are innocuous; they
do not hurt the health or morals OF the
people. and the only purpose Of passing
that law was to protect certain watch and
jewelry manufacturers Of New York and
New Jersey. These laws, he declared, show
conspicuously that the nature of the article
has nothing wha tever to do with the power
to prohibit their transportation in interstate
commerce.
Power Of Congress Over Commerce.
|, He read to the Senate four or FIVE de-
cisions from the Supreme Court holding
in express words that the power of Con-
gress over commerce among the states and
with the Indian tribes is precisely the same
as that over commerce with foreign nations
that the power is identical.
He quoted that clause of the tariff law
which prohibits the importation Of goods
made by convicts. IT the power of Con-
gress over interstate and foreign commerce
is the same power-equal and Identical
and IL we can, by that power prohibit the
importation OF convict-made goods. we can,
he claimed, also prohibit interstate COM
merce In goods made by conviets and IL by
eonvicts, then in goods made by children