New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-07
CHILD LABOR LAWS.
Congress Without Pozcer to Enact
Them, Committee Reports.

Washington Feb 5.-The House Committee on
| the Judiciary to which was referred resolution
| calling for report to whether or not it was
| within the constitutional power of Congress to
| enact legislation dealing with the subject of
woman and child labor. has reported adversely.
After citing numerous decisions Of the Su-
preme Court applicable to this subject the COM
mittee. which makes unanimous report, says:
Therefore, It plainly follows that Congress cannot
even exercise any jurisdiction authority
women ana children employed in the manufacture
OF Prouucts 1or interstate commerce Shipment ana
certainly 1t will not be claimed by the foremost
gress can exercise jurisdiction or authority over
women and children engaged in the manufacture
or products for intrastate shipment
is Uncertain yTbetber the same viii he interS S
commerce intrastate commerce. 1t is not
treme or ridiculous to say that il would be just
as logical and correct to argue that Congress can
regulate the age, color. sex, manner OF dress.
height and size of employees. and fix their hours.
as 10 contend that congress can exercise Jurls-
diCton over the subject of woman and child labor.
of woman and child labor certainly fails under the
police power Of the states and not under the COM
tanned in the resolution shows how rapidly
drifting in thought from our constitutional moor
who desire the prosperity OF the nation that the
power OF the states and the power OF the nation.
for the thought or suggestion that Congress can
exercise Jurisdiction and authority over the sub
ing such labor are abused and conditions are such
that the same should be improved, It rests for the
will not Justify unconstitutional action by Con-
UnquestionabIy Congress has the power to in
VestiEate conditions, ascertain facts and report
upon any subject In the opinion Of your
mttee, there Is no question as to the entire want
Of power on the part Of Congress to exercise jurs
dction and authority over the st-ject of woman
and child labor
In fact it is not a debatable question It would
be a reflection upon the intelligence Of Congress
10 legislate 1t would be casting an unwelcoue
burden upon the Supreme Court to legisate.
easy feeling among the people and cOnfuses the
average mind 10 the power of Congress and the
power OF the state. The lives health and property
OF the women and children engaged in labor is
Clusively within the power OF the states originally
and always belonging to the states. surren-
dered by them 70 Congress Such is the ernuhatio
good order and morals, II s. the same The arEl-
nent has long since been made by others. and the
committee cannot add TO it. The assertion of such
power by Congress would destroy every VeStige of
state authority. obterate state lines, nullify the
great work OF the trainers of the Constitution and
leave the state governments mere matter OF form,
devoid OF power. and ought than satisfy
the fondest dreams OF those favorng Capitalization
Of power.
take the exercise Of the police power OF the
states. In short time this great nation would
be worse than a ship In midoceau in a great storm
without a rudder compass The division OF
power was wise and beneficial Time. study and
IN al Unconstitutional wnv the destruction or the
two great powers OF police and commerce are
separate and lndependent, tho power OF the states
sovereign. where is the authority for saying that
Congress can Invade and Impair that power an
tire and independent In tho Et3tcs9 The right and
power Of both the states and nation must be
The COMMITTEES is OF the opinion that Congress
has Jurisdiction authority the subject
OF woman and child labor, and has no authority
rate conditions surrounding the employment OF
such labOrers.