Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-30
HIT CHILD LABOR LAW
Attorneys Attack Constitu-
tionaIity of the Act.
COURT RESERVES DECISION
Jude DeLacy Takes the Matter Un-
der Amusement.
TESTIMONY IN TWO CASES
Father Defendant for Allowing Two
Sons to Work at His Place
of Business.

In the Juvenile Court yesterday after
noon two child labor cases were consid-
cred by Judge DeLacey. Each OF the de-
PENDANTS was accused of employing chill
dren. in violation of the law. Both hear
ings were prolonged, and in each instance
the constitutionality of the law was at
tackled by the attorney for the defense.
Judge DeLacey reserved decisions in both
cases until 1 o'clock tomorrow afternoon.
The first case called was that of Anton
Ostmann, merchant. having meat stand
in the o street market. Mr.. Ostmann was
accused of employing his two sons, Anton
Ostmann. jr.. thirteen years old. and VIII
liam Ostmann, eleven years old, as clerks
and delivery wagon assistants. The COM
planning witness was Policeman r. A.
Sander. detailed as an inspector under the
child labor law.
Inspector Gives Testimony.
Sanders testified that on several occa-
sions he noticed the two children in ques-
ton employed about the Ostmann stand
working on the delivery wagons. weigh
ing and wrapping meat and waiting on
customers. The inspector stated he called
Mr.. Ostmanns attention to the matter and
told him that 1t was violation of the
law. In reply, Sanders said, the proprie-
tor of the stand announced he had OBJ
tanned the necessary permission Tor his
two boys to work about the market Sat-
urdays, in order that they could learn the
business. 1t developed that the inspector
had seen the two Ostmann boys at work
about their fathers stand on succeeding
Saturdays after the inspector had called
his attention to the violation Of the law.
For the defense both the Ostmann boys
and their father testified that no compen-
sation was given the boys and that the
work was entirely voluntary on their part.
Both boys declared they looked upon the
work about their fathers stand more IN
the light of play than anything else. and
preferred it to running about with other
boys in the vicinity.o of their home.
Statement by Father.
The father stated that his sons ap-
peared at his place of business when they
desired to do SO. and 1t was a source
of qualification to him to feel that at
such an early age they showed an interest
in his business. He reiterated that he
make them thoroughly familiar with its
details at every opportunity. He denied
that he compelled his sons to work Sat
urdays or any other days.
Assistant Corporation Counsel Duvall
contended there had been violation of
the child labor act. and confined himself
to a strict Interpretation of the provisions
of the several sections. For the defense,
Attorney Toomey attacked the constitu-
tionality of the law on five different
points He commended that the act does
not afford due process of law to the de-
PENDANT: that it Is unreasonable on its
face: that 1t lacks requisite uniformity:
that 1t is class legislation, and is unequal
and partial. He also contended that the
law does not contemplate governing the
relations between father and children.
Newspaper Agent Defendant.
The other case was that of Lynn L.
Reeder. a newspaper agent. charged with
employing a boy under fourteen years of
age for the delivery of papers before q
o clock in the morning. The boy Is Tony
Weidman. The defendant was represent
ed by Attorney Wilton J. Lambert. who
attacked the constitutionality of the act
and contended that newspapers cannot
properly be termed merchandise within
gued there is decided class legislation in
the act. In that the pages of the United
States Senate are exempt from Its pro-
visions. He also argued that it is unequal
and partial legislation.
The attorney for the defense submitted
a long argument in contention that news
papers could not be properly classed as
merchandise and in support Of his theory
cited a number Of authorities. The prose-
cution was conducted by Assistant Cor
poratiOn Counsel Stephens. who confined
definitions Of merchandise and a strict in
depreciation of the several sections of the
law governing the charges filed against
the defendant.