The Washington herald., 1907-02-07
AGAINST CHILD LABOR Law
Congress Has 10 Jurisdiction, Says
House Judiciary Committee.
States Alone Have Power 10 LeEis-
late, According go Constitution.
Report Is Unanimous.

After considering the Tawney resolution
on the subject, the House Committee on
Judiciary yesterday unanimously adopted
the report proposed by Chairman jenkins.
declaring that Congress has no jurisdic-
ton over the question of woman and
child labor
Tae report, which was made in re-
Spouse 20 an inquiry by the House. says
the question is constitutional, and that
the Constitution must be examined to
determine the source and limit OF powers
90 be exercised. we look in vain" IL
says. over the list of enumerated DOW
ers granted Congress for Jurisdiction and
authority of Congress over the subject Of
woman and child labor The subject is
governed by either the commerce clause
OF the Constitution OF the police power
OF the States. Under the police power.
the State cannot regulate Interstate COM
merce and Juder The commerce clause
of the Constitution Congress cannot in
terfere with the lives, health. property.
good order or morals Of the people. or
anything. in the opinion Of The legisfa-
ture, for the good of the State and its
citizens"
Continuing. the report quotes the opin-
ion OF the courts upon the subject. and i'm
conclusion says:
Therefore. IL plainly follows that Con
ETess cannot even exercise any iur;sdic-
ton or authority over women and chill
drrn employed in the manufacture of
products for interstate commerce shin
menti and certainly it VIII not be claimed
oy the foremost advocate Of q centralized
government that Congress can exercise
jurisdiction or authority over women and
children engaged in the manufacture OF
products for Interstate shipment
The fact is. when the product is manu-
/ featured. 1t is not known whether the
same viii be Interstate commcrce-or fntrs-
state commerce. II is not extreme OF
ridiculous 60 say that fl would be lust as
/ logical and correct to argue that Con
gress can regulate the age. color sex
manner of dress. height and size of en-
pluyes, ana nix their hours of labor as
10 contend that Congress can exercise
. jurisdiction over the subject of woman
and child labor
The Jurisdiction and authority over
I the subject of woman and child labor
certainly fails under the police power of
the States. and not under the commercial
tfIffNa Al h#tliElfCF. ne suggestion con-
! tanned I'm the resolution shows how rapid
( ly we are drifting I'm thought from our
constitutional moorings. Undoubtedly il
is the earnest wish Of all who desire The
prosperity OF the nation that the proper
line always should be drawn between the
power OF the States and the power Of the
nation. Certainly there is no warrant in
the Constitution for the thought or suE-
gesti0H that Congress can exercise iuris-
diction and authority over the subject of
woman and child labor II those perform
ms such labor are abused and cond5-
tons are such that the same should be
/ improved. it rests for the States to act
The failure of the States TO act will not
Justify unconstitutional action by Con
gTess.
"UnqUestionably, Congress has the
power 10 investigate conditions, ascertain
facts. and report upon any subject In the
opinion of your committee. there is nc
question as 20 the entire want Of power
on the part of Congress TO exercise iuris-
diction and authority over the subject OF
woman and child labor.
In fact it is not a debatable question
It would be a reflection upon the inteli-
genCe of Congress 10 SO legislate. II
would be casting an unwelcome burden
upon the Supreme Court 20 so legislate.'