New-York tribune., 1916-02-17
Says Many Bills Will Follow.

Senator Pomerene asked him 70 er-
plain how five million dead men and
five million crippled men would in
clude increased production abroad. Mr..
Patterson was unable to answer the
question satisfactorily.
The most important speaker of the
day was Ex-Governor Kitchin, of North
Carolina, who presented the legal ar
guments against the bill. His objec-
tion to il was threefold.
That d universal rule would be un-
Just, because Of the varying conditions
in different industries.
That the bill would Immediately be
followed by other bills that woUd fur
ther interfere with the process of mar
ufacturing.
That the law would be unconstitu-
tional
On the first point he argued that, IL
eight hours is a sufficiently long dag
for children under sixteen in saw mills
or shoe factories, ten hours is rea'
sonable day in cotton mill, because
the work is not heavy and does not
require constant attention.
To prove his second point he stated
that a law 10 prohibit the shipment Of
child-made goods In interstate COM
merce would be followed Immediately
BIZ bill 70 establish an eight-hour day
for adults. bill TO prohibit the ship
ment in interstate commerce of goods
not made by organized labor, and even
a bill 20 establish equal suffrage. al
though how that could be accomplished
BY means of the interstate commerce
clause he did not explain.
g - 49, ff,tfn H.
lection to the bill was based on his
belief that It would deprive individuals
Of property without due process Of
law; Congress has no jurisdiction over
goods until they become articles Of
commerce, and then is concerned only
when such goods are harmful, impure
or immoral; and that Congress cahnot
accomplish an indirect end, such as the
protection Of children, by means OF the
commerce clause.
Senators Quiz kitchin-
"Tf Congress has the power to pro-
hibit the shipment Of goods not injuri-
Gus in themselves" asked Mr. Kitchin,
'why did no great lawyer ever suggest
that slavery might be stopped by pro-
hibiting the shipment in interstate
commerce of slave made goods II
Congress did not have the power fifty
years ago, has it that power to-day?"
Mr.. Kitchin distinguished between
personal rights" and wrongs" in SELL
ing goods.
TO sell a lottery ticket or impure
drugs" said Mr.. Kitchin, "is not a
right. but wrong. To sell pure. harm
less or honestly branded goods is a
right
His conclusion was that none OF the
acts passed under the interstate com
merce clause is analogous to the pro-
posed bill, and hence cannot be used
as a proof Of It's constitutionality.
Mr. Kitchin was closely questioned
by the committee, particularly by Sem
ators Cumm.ns and Clapp. Il devel-
oped during the course of the ques-
tioning that Mr. Kitchin had never
heard of the commodities clause, and
that some Of his arguments agains,
the bill were based on the decision in
the knight case which, as Senator
Clapp said, is now in cold storage.
Senator Cummins asked Mr. Kitchin
whether he saw any difference between
prohibiting an overcapitalized corpora
tion from shipping its products in in
terstate commerce and prohibiting a
corporation from employing children
from doing the same thing.
YES" said kitchin, "oyercapitaliza-
tion is an evil"
More so than employing child
labor" asked Senator Cummins.
We'll, that depends" said Kitchin.
ut would be for the courts 70 decide
whether it is immoral 20 overcapitsl-
ize."
The opposition closed its testimony
with Governor Kitchin's speech, and
the hearing will be continued to-mor-
row TO give the advocates of the bill an
opportunity TO present their side.