The Birmingham age-herald., 1913-01-04
Commissioners Now Look
ing Into COnstitutiOnality
of Measure Proposed
JOKER ALSO GIVEN
CAREFUL ATTENTION
If Measure Is Adopted 1t Is Expected
to Go Much Further Than
Simply the Regulation
of Newsboys
BY HUGH W. ROBERTS


after ALL and that considerable time
will be required before they will be in
position to act in accordance with the
constitution of the United States, and
their own ideas of fairness and justice.
For that reason, the ordinance, framed
at the instigation of the manager of
the Boys club, and which proposes to
limit the age at which boys may re-
tail newspapers on the streets Of Bir-
mingham, was not called up for pas
sage at the meeting of the commission
yesterday afternoon.
At the present moment the commits
sioners are investigating the constitu-
tionality of the ordinance for the pur-
pose of ascertaining whether or not
its provisions will tend to deny the boys
any of those rights guaranteed under
the constitution; and whether OF not.
any body of men, however omniscient,
may legally deny youth of sound body
and sound mind, equipped with permis-
sion of his parents, the right to appear
upon the streets in the capacity as a
retailer of newspapers.
Joker" the Thorn
The "joker' of the bill is another
for each of the members appreciate the
power which will be delegated to the
manager of the Boys club If the ordi-
nance as it stands is passed in accord
ance with the wishes of those who
father it. For if the ordinance is passed
without drastic amendment the mana
ger of the Boys club will have more
than the parents of the boys-in that
he can deny them the right to sell
even if their parents authorizes them
to sell; and that it would be a danger
Gus precedent to plase in the hands of
any individual citizens the right to
pass upon the physical and mental
properties of any other individual.
young or old.
AS to whether or not the city will
amend the ordinance in such a manner
that a reputable physician will be en-
ployed to Judge of the perfections and
imperfections of the physical boy and
an alienist to judge of the mental,
seems to be beyond the question, and
|yet, the commissioners will agree that
no other than an expert is capable TO
discharge these all-important duties
and functions
The Dangerous Precedent
In addition to the age limits and the
hours included in the BILL there are
other features which have not been con-
sidered as fully as the commissioners
desire to consider them.
They foresee another scheme in the
minds of the proposers of the ordi-
nance by means of which the manager
Of the Boys club will become, indeed.
a czar of the youths. That scheme is
to take every boy from the nefarious
influences of the streets, those who
carry messages, those who serve the
refreshment of the thirsty, those who
run errands, wrap packages and in 9TH
er manner earn a livelihood.
And the commissioners are troubled lest
this idea of the great "uplift' might cause
general and distressful reformation in
Birmingham which would be 50 extensive
and so radical that it would defeat
through its very insistence, the present
end " hich now seems to be desired
Idea of the Manager
The commissioners who are hopeful of
making no error. are proceeding with
great care. They recall with a shudder
the magnanimous and spontaneous out
burst of the manager of the Boys club
made before the commission several days
ago, which outburst consisted of verbal
agreement that the Boys club would care
for the widows and the offsprings who
are dependent on the energy of the
young men" of the family. The COM
nissioners shudder because they realize
that the greatest evil which can be visited
upon a youth is to make him know that
he is dependent on the bounty of the
charitable--that. in other words, he can
never again lift his head, that he is an
outcast, bit of chattel lost and despsed.
The commissioners are wondering if the
Boys club is carrying out it's policy of re-
deeming the world In accordance with the
foregoing idea.
There have been few more important
matters before the commission than this
ordinance. involving the rights of citi-
zens. To solve the problem the commits
sioners might adopt an ordinance where
by it will regulate street traffic In news
papers. and each seller will procure
license at a rate to be agreed upon. In
case of this action, the boys will be COM
PEELED to secure a license. but unless such
action is taken. many contend .ha. the
city cannot prohibit any individual from
selling newspapers who is equipped with
the permission of his parents.
Weatherly Is Questioned
At any tate, the problem is there-an-
other example of theoretical and imprac-
teal reformation-and the commissioners
ust solve it. Commissioner Neatherly,
to whom this ordinance has been re-
ferred. was asked yesterday If he did not
think that 1t would be more appropriate
to inquire into the mental equipment of
a grown man who sells newspapers for
a livelihood, than into the mental equip
ment of lad. He declined very gra-
ciously to commit himself.
And Commissioner Weatherlv was in
formed yesterday of certain very dis
tTessful state of affairs which might cause
him to believe that it is not only the boys
who sell newspapers who are subjected
to those nefarious influences which. he
would be made TO believe. are irheri-
tGnces of the streets. He will proba bly,
reach the conclusion that 1t is not in
variably and necessarily the case that
it IS the hoy who Is driven each Sunday
to Sunday school who develops, after at
tanning the age of discretion. into the
man of sound Judgment with mental and