New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-08-05
CHILD LABOR BILL
FOESDESPERATE
Seek to Include Farm
Work to Gain Rural
Opposition.
lFrom The Tribune Bureau. J

Washington, Aug. An desperate
effort to defeat the child labor bill
opponents of the measure VIII force
a vote on an amendment which would
result, they believe, in the opposition
TO the bill Of nearly every farmer in
the country This amendment would
place the farms of the country in Me
same category with the mines, quar-
ries and factories now reached by the
terms of the bill. As expressed by
Senator OvermSn, of North Carolina,
in a question directed at Senator Borah
to-day, the amendment would bar from
interstate commerce wheat from a
Minnesota farm on which child had
worked longer than eight hours.
Senator Borah took exception to Mr.
Overman's contention, saying he could
not conceive of a contention being
made that it was contrary TO public
policy to permit a child to work more
than eight hours on farm.
"The legal principle on which this
bill will be sustained by the Supreme
Court, if il is sustained" said Senator
Borah, "is the power Of interstate COM
merce lodged in Congress by the COM
merce clause of the Constitution. The
question is whether Congress Is given
the polce power with regard TO inter
state commerce.
Interstate Commerce Limits.
'Now it is conceded that there are
things so bad that the channels of
interstate trade should be barred to
them, for instance, lottery tickets. That
being true, who is going to determine
lust where the line shall be drawn as
to what may and what may not be
denied the right of interstate com
merce? There is no one but the
national government that can do it.
Answering the question Of the
Senator from North Carolina in re-
card to the possibility Of Congress
Iarring wheat from Minnesota fields
in which children have labored long
cr than eight hours, the question OF
how far a state may go in enforcing
its police power has never been de-
termined. | have never known court
TO attempt to define just what the po-
lice power is, or what its limits are,
but whatever it is the national gov
eminent with respect to interstate
commerce. does possess those exact
powers which the states have within
their own domains"
The possibility OF Congress pro.
hibiting freight trains being moved
on Sunday in interstate commerce was
injected at this point by Senator
Works, Of California.
Constitutionality of Law.
One of the most satisfactory de
velopments of the day. TO friends OF
the bill, was the admission OF senator
Hardwick, leader of the opposition 10
the measure, that he might be ms,
taken, and that the bill might be heio
TO be constitutional.
Driven by questions by senator
Borah, Senator Hardwick finally ad-
mitted that he thought the white s!aVe
law was unconstitutional and mao
voted against il on its passage be
cause of that belief. The supreme
Court has since upheld the constltu-
tionalty of that law.
Senator Hardwick, who occupied
most of the day with his argument
AGAINST the constitutionality Of the
In laid most of his stress on the idea
that Congress had not the right to
bar from interstate commerce an ar
ticle which in itself was unobjection-
able. lie read many Supreme Court
decisions to prove up this line OF dis
tinction.
"What difference does il make to
the people of Idaho" he demanded OF
Mr.. Borah, whether children work 3, IN
Georgia and the Carolinas or not!