The labor world. [volume] (Duluth, Minn.) 1896-current, 1907-02-23
The Judiciary Committee Of the
House Reports That the Fed
eral Government Has No Juris-
diction Over the Subject Matter
President Roosevelt in Accord
With Senator Beveridge and
Insists That Sooner or Later
Congress Must Act.
The Committees Report Charac-
terized as Lame and 1mpotent.
Devoid of Reason and Regard
For Fact.

WASHINTON, D. c., Feb. 21-The
remarkable headway made by Senator
Beveridge, Of Indiana, with his bill in
the senate, regulating the employment
Of child labor, has alarmed the oppo-
nents Of the bill, and Representative
Towney introduced a resolution on the
subject in the house Of representa-
tives, calling the judiciary committee
of that body to report what jurisdic-
ton congress had upon the subject
Congressman John jenkins, chairman
of the judiciary committee, has made
the following report, which speaks for
itself:
I'VE look in vain," 1t says, "over
the list Of enumerated powers granted
Congress for jurisdiction and author
ity of congress over the subject of wo-
man and child labor The subject is
governed by either the commerce
clause of the constitution or the, police
power Of the states Under the police
power the state cannot regulate inter-
state commerce, and under the COM
merce clause Of the constitution con-
gress cannot interfere with the lives,
AAeoAeAA, pAopOA ~, SOOu OIuci. VI
ais of the people, or anything, in the
opinion of the legislature, for the
good Of the state and it's citizens.''
Congress- Power limited?-
Therefore, 1t plainly follows that
congress cannot even exercise any
jurisdiction or authority over women
and children employed In the manu-
facture Of products for interstate COM
merce shipment: and certainly it will
not be claimed, by the foremost advo-
cate of a. centralized government that
congress can exercise Jurisdiction or
authority over women and children en-
gagged in the manufacture of products
for interstate shipment.
"The fact is, when the. product is
manufactured, it Is not known whether
the same will be interstate commerce
or intrastate commerce. It is not ex-
|trsne or dic,tlous s. ,to:zsay that II
would be just as logical and correct to
argue that Congress can regulate the
age color, sex, manner of dress, height
and size ofem ployes, and fix their
hours Of labor, as to- contend that co
gress can exercise jurisdiction over
the subject Of women and child labor.
Police Power Of States.
THE jurisdiction and authority
over the subject of women and child
labor certainly falls under the police
power Of the States, and not under
the commercial power Of congress. The
suggestion contained in the resolution
shows how rapidly we are drifting in
though from our constitutional moor
ings. Undoubtedly it is the earnest
wish Of all who desire the prosperity
Of the nation that the proper line al
ways should be drawn between the
power Of the states and the power of
the nation. Certainly there is no war
rant in the constitution for the thought
or suggestion that Congress can exer-
else jurisdiction and authority ovtr
the subject of woman and child labor.
If those performing such labor are
abused. and conditions 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 un-
constitutional action by congress.
"Unquestionably, congress has the
power to investigate conditions, ascer-
tain facts, and report upon any SUBJ
Ject. LII lAe opinion OF your commit
tee, there is no question as to the en-
tire want Of power on the part of con-
gress to exercise jurisdiction and au-
thority over the subject Of woman and
child labor.
In fact, it is not a debatable uues-
ton. It would be a reflection upon
the Intelligence of congress to so leg
islate. 1t would be casting an unwel
| come burden upon the supreme court
to so legislator
The Presidents Views.
/ The presidents views are not in har-