Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-09-04
THE CONSTITUTION DOES
NOT BELONG TO REAC-
TIONARIES

TT is peculiar that the Constitution,
which became the final written cove
nant OF liberty and justice in this country,
should be appealed to invariably by the
cohorts of reaction whenever public
opinion writes into the statute books laws
likely to improve social conditions and
keep the nation in line with the for
ward development of modern economic
thought and progress. Bring n man up
under a system which has yielded him
profits and he will fight to the bitter end
against any change in that system. Let
men grow rich through child labor and
there is no argument under the sun
which can convince them that child labor
Is not n good thing The father who has
children working in mills and contiscates
their weekly wage is Mortified at the
impudence of government in endeavor-
ing to prevent such a condition of
affairs. There is not humanitarian
law of any Importance in American stat
ute books that some interest or other did
not wage war against it in the courts on
the ground of its unconstitutionality.
When the slave autocracy could get little
comfort anywhere else it turned with
confidence to the United States Supreme
Court and argued out of that tribunal the
Infamous Dred Scott decision. But times
have changed and the view of courts has
changed with them. 1t is not often in
these days that the Supreme Court up.
holds the narrow views of provincial
Judges or fails to interpret broadly the
powers of the Federal Government.
The Heating Owen childlabor law,
which Judge Boyd. of the Western Dis
trict of North Carolina, has declared
unconstitutional, prohibits the employ
ment Of any child under fourteen years
Of age in any factory, mill, workshop or
cannery the products of which are to be
shipped in interstate commerce, and re-
quires that the working day of children |
fourteen to fifteen years old shall not |
be longer than eight hours. Professor |
Parkinson of Columbia University, repre-. |
senting the Department of Justice, stated |
that Congress avowedly had used it's
power to regulate interstate commerce |
to terminate deplorable local conditions
within several of the individual States |
This statement Judge Boyd averred. left |
the issue clear and brought forth the |
question, "Can Congress do by indirec-
ton that which undoubtedly 1t cannot do
directly?" Congress may regulate trade
among the States" he decided. but not
the internal conditions of labor"
We have not Professor Parkinson's |
view in full before US. His Interpretation |
of the purposes of Congress could be. at
best, but an Interpretation. citizen in |
embryo Is part of the vital asset of the |
-nation. The education of that citizen |
and his upbringing under conditions rea
sonably conducive to good health are of |
fundamental concern to the whole nation, |
no matter OF what State the aforesaid |
person may be a native and an inhabitant |
We have passed through that era of |
hazy conceptions when community was
not sick unless an epidemic ragged. We
know now that general insanitary condi. |
nf
any one State may be as dangerous y
the well-being of other States as cholera
or smallpox. In conserving our natural
resources we have learned to conserve
also our vital resources. The national
welfare is superior to any State rights.
The decision TO that effect was not regis.
tered in a law Court. but at Appomattox.
1t is still In force
In view Of the extraordinary powers
placed recently in the hav is Of the Chief
Hxecutiye. powers which ampnfy amaz
}ngly the Federal authority, we doubt
( osriously II the Supreme Court will sus
tain the narrow and rigid ruling handed
Gown In North Carolina. 1t is more
1fksly to sweep the whole argument of
tschnicalities to one side and place itself
sQuarsly on record once more in favor
q : liberal construction OF the Consti.
tstoh. For that Is an instrument. as
1eHn 1lnrslsall qesnonstrsted. as wonder
! ~ 1ll ~ 4 y text II was