The Knoxville independent. [volume] (Knoxville, Tenn.) 1894-current, 1917-09-15
CHILD LABOR ACT
RULED INVALID
Federal Judge Decides Statute
Is Unconstitutional.
GOVERNMENT WILL APPEAL

cd Elsewhere Except Where the
Courts Irterfere--Supreme Court Will
Probably Uphold Congress.
Federal Judge Boyd of the Western
district of North Carolina has decided
the Heating Owen child labor law I'M
constitutional and enjoined the United
States district attorney, William G.
Hammer, and his successors, assist
ants deputies and agents." from en-
forcing In the district the provisions
of the act Of congress, which became
effective on Sept. l.
Judge Boyds decision came at the
conclusion of three days of argument
on the constitutionality Of the act. The
case came before the court in injunction
proceedings brought in the name of Ro-
land H. Dagenhart and his minor sons,
Reuben and John Of Charlotte, who
sought to restrain a Charlotte cotton
mill company from discharging the two
boys.
In announcing his decision Judge
Boyd said he was gratifed by the can
dor of Professor Thomas 1. Parkinson
Of Columbia university, representing
the department of justice, who asserted
that congress- had used its power over
interstate commerce for the object of
regulation Of local conditions within
the state and the discouragment of
child labor. This admission, said the
Judge, left the issue clear and brought
forward the question, "Can congress do
by indirectioR that which it undoubted-
ly cannot do directly"
Congress" he said, "can regulate
trade among the states, but not the in
ternal conditions of labor"
Judge Boyd expressed his approval Of
laws tending to elevate the condition
and moral state of all the people and
made 1t clear that his judgment on the
act was baseas upon his Interpretation
Of the constitutional limitations of con-
gressional power.
After preliminary recital of the
facts, the court, setting forth its olin-
ion that the act SIS unconstitutional and
without the power Of congress to enact"
enjoins the milling company from dis
charging or curtailing the hours of la
Dor Of the minor plaintiffs and DEGREES:
THAT the said William G. Hammer,
United States attorney, as aforesaid,
TIA f1s successors, assistants, deputies
and agents, be and they are hereby per-
manently enjoined from In any way or
manner enforcing or attempting to en-
force the provisions of the aforesaid
act Of congress, or any part thereon,
and from instituting or causing to be
instituted any prosecution or proceed
1ngs under the aforesaid statute or any
Of the provisions thereof"
The case will be taken to the supreme
court Of the United States, and persons
interested in the law said that special
haste would be made In the presenta-
tioR of the case on appeal.
Argument was concluded for the
plaintiffs by Judge w. P. Bynum of
Greensboro whose chief contention
was that the power to close the arte-
ries of interstate commerce to lawful
articles of exchange which were not In
themselves injurious to public health,
morals or safety was not possessed by
congress.
The law prohibits the employment of
any child under fourteen years old in
any factory, mill. workshop or cannery
whose products are to DO shipped in
Interstate commerce and requires that
the working day of children fourteen
to fifteen years old shall not be longer
than eight hours. Reuben Dagenhart
Is under sixteen and John Dagenhart
under fourteen. The father contended
that he had right to their wages I'M
til they are+wenty-one and that as the
North Carolina law allows eleven hours
a day Reuben has a right to work
more than eight hours day, while
John has right to work in the mill,
although under fourteen, because the
state law permits 1t.
Department Of justice officials regard
the decision of Judge Boyd holding the
ly as a vehicle for getting the question
before the supreme court, where they
are entirely confident the action Of
congress will be sustained. 1t had
been assumed when the law was
passed that the milling interests would
not permit Its enforcement without a
vigorous fight.
The decree at Greensboro affects only
the North Carolina district. Except
where the courts interfere 1t will be
enforced.
The enforcement of the law has been
delegated by the secretary of labor to
the childRen's bureau, and the head OF
che new child labor division Of that bu-
reau is Miss Grace Abbott of Chicago,
a woman of wide experience In indus
trial betterment work In this and for
eign countries.
pladras Ala IN President.