The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-04-05
TO URGE FEDERAL
CHILD LABOR LAW
coNsTITuTIoNALITY OF ACT IS
ASSURED sY RECENT SUPREME
COURT DECISION ACCORDING
TO BELIEF OF PROMINENT
LAWYERS.

Prominent New York lawyers who
have analysed the recent United
States supreme court decision as to
the constitutionality of the Mann law,
believing that 1t establishes a principle
that foreshadows the attitude of the
court on the question of the enforce
nent Of a federal child labor law. The
Mann, or white slave" law was at
tackled on the ground that 1t usurped
the power Of the states and interfered
with the right" of individuals, OBJ
jections which are similar to those
which were advanced in quarters
where it was held that the Beverage
child labor bill was Of doubtful con-
s~titutionality. The supreme court,
however, has now decided that ut Is
misleading to say that men and
women have a right. Their rights
cannot fortify or sanction their
wrongs"
AS the immediate effect of this de-
cision, the Child Welfare league has
announced its intentions to take up
anew the agitation for the passage by
congress of a measure to put an end
to the abuses of child labor by keep
ing child-made articles out of inter
state commerce. A bill will be inn
medtately prepared along the lines
suggested by the Mann law decision,
where it is specified that congress
has power over transportation among
several states" that the power is
complete in itself and that congress
as an incident to it may adopt not
only means necessary but convenient
to its exercise and the means may
have the quality of police regula-
tons"
Every national evil in our history"
said a prominent politician recently.
has defended it's wrongdoing behind
the ramparts Of a misinterpretation
OF the doctrine OF states rights - a
sound principle of government when
and misused for the express purpose
Of shielding sin.
There are almost a score Of laws
on the nations statute books pro-
htbiting various articles from inter-
state commerce. Insects and diseased
cattle are prohibited, and loose hay is
prohibited from interstate commerce
by steamboat, Even gold and silver
ware is prohibited if it bears the in
scription, u. S. Assay This latter
law, passed for the benefit of cheap
iewelry manufacturers in New Jersey
n New York. has been
questioned. Only a few such laws
ever have been attacked; and not
once has the supreme court over
thrown any law to keep out of the
national commerce any article that
congress thought should be kept out.
Leave 1t to the states is the cry
of every employer of child labor, OF
every defender of this crime against
childhood. just as it was the slogan
of the defenders of other evils. Each
time the foes of reform met defeat,
yet they promptly invented a new ap-
plicatton of the theory of states rights
with which to oppose the ending of
the next evil for which they did bat
| tie.
"Thus, when the power Of the ma
ton Is evoked to abolish child labor,
as lesser evils had been abolished,
there is another misapplication Of the
principle of states rights. They say
that the nation has power to prohibit
from interstate commerce only those
things which are injurious in them
selves. This strange idea never be-
fore a been advanced in the entire
history Of u constitutions life. The
power Of congress over interstate
commerce is absolute. Laws have
been passed prohibiting from inter-
state m articles harmless in
themselves. and those laws have never
been questioned.
LAS a practical matter, the states
cannot deal with child labor effec-
lively. They have tried and failed.
Moreover, the haphazard efforts of
separate states to end child labor is
an economic wrong to manhood labor
throughout the whole land, for child
hood wages everywhere lowers man
hood wages everywhere. If a business
man in n state can make goods by
cheap child labor and sell these goods
in a common market with the bust
ness man who must employ manhood
labor to make the same goods, the
latter must reduce the wages he pays
to manhood labor if he completes on
equal terms with the employer IF
child labor"