The Washington herald., 1907-02-16
Power Over Interstate commerse.

Senator Beveridge's defense Of his child
labor bill contains much to make the
thoughtful pause. from whatever point
Of view the Senator's conclusions may
be regarded. His presentation Of the
admitted evils Of child labor is impressive
and saddening, and humanitarian impulses
at once respond 10 the Senators plea that
here Is one, At least, Of the crimes Of
civilization that should be wiped out with
whatever means may be at hand But
the means by which Senator Beyeridge
would have the Federal government strike
down this evil involve an Interpretation
1 Of the interstate commerce clause Of the
Constitution that is extremely suggestive
The debate in the Senate during the
course of Mr. Beveridge's speech devel-
oped sharp differences Of opinion as 70
the power Of Congress to enact legislation
forbidding the transportation from one
State to another of commodities produced
in factories or mines employing children
under fourteen years Old. Mr. Beveridge
himself has no misgivings on this point,
his view being that Congress may pro-
hibit interstate commerce for any pur-
pose whatever. For example. he was
asked by Senator Fulton:
II Congress can prohibit cotton from being shipped
from one State TO another because il was picked
/ by children
/ Mr.. Bevefidge-Yes; or a red-headed girl
/ Mr.. Fulton-Can it not prohibit wheat from be-
/ ing shipped from one State to another because
! person was employed more than eight hours:
( Mr.. BeTeridge-Why. undoubtedly. as a matter Of
| power.
/ To emphasize this point. Senator Bev-
eridge put another question 10 himself.
which. with the answer lie gave to il, is
as follows:
VIII sou ask me whether OF not I think We
have the power 10 prohibit the transportation in
interstate commerce Of the milk Of a coE MIXED
/ by a young lady eighteen years old. Undoubtedly
We have the power. but undoubtedly We would
not do it. We have the power % prohibit the
transportation through interstate commerce Of any
article"
/ And when Senator Bacon asked the In
diana Senator whether he recognized any
difference between the power to prohibit
commerce in an article vicious in itself
/ or Objectionable for any reason and the
/ power to prohibit commerce in an article
not Objectionable or vicious i'm itself. Mr..
beverage replied: As a question of
power, no; none whatever" Then this
cOllOquy ensued:
/ Mr.. Bacon-I desire to ask the Senator this oues-
ton. Is the logical conclusion Of his position in
/ tended by him TO 60 TO this extent OF to be thus
understood. that Congress has the arbitrary power
/ 10 prohibit the introduction Of any article from
one State into another State regardless Of the
reason upon which it may put that prohibition.
Mr. Beyeridge-Yes, sir
Mr. Bacon-To prohibit it absolutely
| Mr.. BeVeridge-Yes; to prohibit IL absolutely
( Mr.. Fulton-Would not that followed 10 its logi-
cal conclusion mean that Congress could absolutely
prohibit commerce amcng the States2
! Mr.. Bacou-Of course.
/ Mr.. Beveridge Certainly.
And in response to an inquiry from Mr..
/ Spooner, Mr.. Beverage replied:
We have the unQuestiOned power to exclude from
interstate commerce any article which, in our judg
/ ment is deleteri0us 10 the people Of the United
States whether it be by reason Of its uahealthful
ness whether it be by of its supposed effect
/ upon the morals of the people. or whether it be
J by reason Of a circumstance Of its manufacture
which is huFtful to the American people-which to
use the phrase most often used in all these cases
! is inimcal to the interests Of the nation.
/ In subsequent portion of his argument.
I MI bth tl luSt SDuEllN " SibA tlldl N-OI
| gress, In regulating interstate commerce.
/ had made no distinctions based on their
/ inherent qualities between articles of COM
merce. He pointed out that Congress
/ had prohibited interstate commerce in
number of articles solely as a matter Of
public policy. 1t had. for instance, pro-
! hibited the transportation of dairy or
I food products falsely branded or labeled.
/ gold and silver with the stamp II. s
/ Assay on them, obscene books and lottery
tickets. insects of a certain kind. and
Guaranteed cattle. II had prohibited the
/ Importation Of convict made goods In
/ foreign commerce, and the power over
/ Interstate and foreign commerce being
the same, Mr.. Beverage argued. IF we
/ have the power to prohibit convict-made
goods, why have we not the power to
prohibit the transportation in interstate
/ commerce Of chiId-labor-made goods?"
1t has been proposed more than once
that the power of Congress to regulate