The Washington herald., 1907-02-08

The conclusion reached by Chairman
Jenkins, of the House Judiciary Commit
tee. that Congress has no jurisdiction OF
authority over the subject of woman and
child labor, and has no authority to sup
press any abuses of such labor or ameli0-
rate conditions surrounding the employ
ment of such laborers" merely reaffirms
principle which has long guided Federal
legislation, but which is honOred in the
breach by many well-intended people who
find the process of obtaining social Te-
forms through forty-iive legislatures a
slower one than they relish. and too slow
for the country's good. No one questions
the great evils arising out Of child labor
under factory conditions. They are ap-
palIing. Nor does any one question the
necessity Of effective legislation 10 re-
strain the cupidity Of employers and the
inhumanity of parents; but such legisla-
lion is intrusted TO the States under our
lual system of government
Senator Beveridge has lately presented
another view Of the power Of the Federal
government with respect to child labor,
which is that the national government
has. or may acquire. jurisdiction over To-
cal labor conditions through the inter
state clause of the Constitution by the
simple method of prohibiting interstate
commerce in commodities produced by
factories employing child labor. Such "a
prohibition would in many cases impose
upon production carried on entirely within
"a State conditions which ought TO be i'm
posed only by State legislation. It may be
true, il doubtless is true, as Senator Bev-
eridge has so ably and exhaustively con-
tended. that the Federal government has
the power TO prohibit commerce in the
products Of child labor; but is it expe-
dent 10 exercise that power in contraven-
tion OF the principle OF local government
when it can possibly be avoided We
doubt very much the efficacy of legisla-
ton which would invade the province Of
State government in opposition to public
sentiment therein. For there is a power
higher than all governments, and that is
the force of public opinion. II public
opinion I'm any State demands and viii
sustain child labor legislation, there need
be no fear but that it will be brought
about and enforced; but if not. Federal
action viii accomplish little toward the
end aimed at, for social legislation is no.
toriously difficult to enforce. The true
method Of bringing about social reforms
is TO awaken the social conscience, and If
this be thoroughly accomplished legisla-
tion becomes easy, An Illustration of this
point is afforded by the cotton manUfac-
tUrers Of South Carolina. who. although
they employ a large number of children,
have voluntarily agreed upon a gradual
reduction Of working hours and an in
creasing age limit. Child-labor legislation
in that State, if not in advance of public
opinion. will not be difficult Of enforce
ment. because it will accord ultimately
with the interests OF both the employer
and the State
The sphere Of legislation is necessarily
restricted, but the power of public opin-
ION. rightly guided is a force which often
accomplishes as much as, if not more
than. legislation. no matter how benef-
Gently intended. In any event public
sentiment must be behind all legislation,
or the law viii prove ineffective.
Senator Beveridge has done much to
arouse public opinion. All honor to him
FOR f. He has awakened the country to
the existence of evils little dreamed Of by
the masses. And if the States do not act,
Congress, in the end, is sure to act The
present agitation is the beginning Of the
end OF child-labor evils.