New-York tribune., 1916-07-22
Senators Will Vote for
One if Other Is Passed
Over Wilson's Veto.
TIME FOR ORATORY
is ALSO DEMANDED
Southern SolOns Seek by Dis.
cussion to Placate Their
Constituents.
LFfOm liz Tltnlns Dureau

which means its passage-will be per-
mitted b. Southern members, it was
stated on the floor Of the Senate to-
day. One Of these is that the immigra-
tion bill also shall be passed which
means over the Presidents veto-and
the other is that there shall be ample
opportunity for discussion OF so revo-
lutionary measure; in other words,
for the Southern Senator'S to put in
enough oratory against the bill to pro-
pitiate their constituencies.
Senator Hardwick. Of Georgia. vir-
tually laid down the terms of the
proposed bargain with the President.
He can get the child labor bill he has
demanded. but he will also get the
immigration BILL including the literacy
test, which ne does not want.
Overjoyed at the signs Of friction on
the Democratic side, Senator Penrose
inquired what had become of the immi
( grafton bill. Chairman Smith of that
| committee, and one of the leaders in
the fight against the child labor bill,
responded that he would call it up as
soon as the appropriation bills had
been disposed of, thus indicating it
would be put ahead Of the child labor
bill.
President Wilson's belief, expressed
/ in book published while he was Gov
ernor Of New Jersey, that the child
labor bill was unconstitutional, was
called TO attention by Senator Borah
in questioning Senator Hardwick
: Hardwick Attacks Gallnger.
Senator Hardwick began by attacking
! Senator Gallinger and other Repub-
lcans on the charge that they were
making political capital out of the
child labor bill. He quoted remarks
by Senator Gallinger on February 26,
indicating that his best information
was that the bill was unconstitutional,
though personally he favored II.
What has happened since February
26 to bring about that change" he
demanded.
"Oh, there have been many who
changed in regard to the constitution
ality of child labor legislation" broke
in Senator Borah.
as the Senator from Idaho one of
those" inquired Mr. Hardwick
mo- but the leader of the Senator'S
party is," retorted Senator Borsh.
"Who is that" inquired Mr.. Hard
wick, amid laughter from both Repub
licans and Democrats.
"The President" answered Mr.
Borah. waving 4 copy of Mr.. wilson:
constitutional Government in the
United States"
President Wilson, on pages 17s an(
179 of that book, said:
What Wilson Said.
It's power is "to regulate com
merce between the states" and the
attempts now made during every
session Of Congress to carry the
implications o. that power beyond
the utmost boundaries of reasonable
and honest inference show that the
only limits likely to be observed by
politicians are those set by the good
sense and conservative temper oil
the country.
The proposed Federal legislation
with regard TO the regulation OF
child labor affords a striking ex.
II
commerce between the states can be
stretched to include the regulation
Of labor in mills and factories
it can be made to embrace every
particular # the industrial organ
ization and action of the country
The only limitations Congress would
observe, should the Supreme Court
assent TO such obviously absurd eX-
travagancies Of Interpretation, would
be the limitations of opinion and OF
circumstance.
Thinks President Was Right.
81 think the President was right
when he said it was unconstitutional,
commented Senator Hardwick, after
Senator Borah's interruption. "And
think the lawyers in the Senate
on whose advice Senator Gallinger
thought the bill unconstitutional were
right"
'"I have no doubt" replied Senator
Borah, that this bill is constitutional
That view is based on several recent
decisions of the Supreme Court"
Mr. Borah afterward explained that
the cases he referred to were the white
slave case, the employers liability
case and some recent applications o.
\ the pIlHClpleS ldlu uONH III NHt Oie
lottery case.
That Congress has no power" SAID
Senator Hardwick. under the flim.y
pretext of regulating interstate com
merce in an article of trade that /:
admittedly of a perfectly Legitimate
character, and inherently sound, &c
actually and really control such pure
ly local and domestic questions as the
hours and conditions under whici
labor may be employed in the severa
states is so monstrous that | canno'
for a moment entertain it. If such
doctrine be established here anC
upheld By our courts, then our dua
system of government is destroyed
and our people will have lost the in
estimable blessings of local self-gov
ernment. so dear TO the Anglo-Saxor
heart and so essential 10 the preserva
ton of individual liberty.
"That the proposed bill is fagrantll
and patiently unconstitutional hope {
be able at later date 70 show. boti
to the Senate and the country. While
. favor just as strong and just as hu
name legislation on the subject a.
any member of this body, on eithe
side, can possibly favor, yet do insis
that such legislation can only an'
should only be enacted By the seyera
states of the Republic.
Fears for State Rights.
"This legislation is not only Of grav,
Importance in its economic defects, bu
also of momentous import TO the coun
try and to the people in the preserva
tior of their constitutional system o
government, for it is the boldest at
tempt in the whole history Of the Re
public 70 destroy and break down tn
rights Of the states and 20 demolisl
the symmetry Of the American system
and TO utterly disjoint the balance be
,uraan stata and Federal nower