The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1917-09-05
CHILD LABOR DECISION.
UNITED STATES ATTORNEY is
ENJOINED FROM ENFORCING
KEATING-OWENs LAW.
'udgc Boyd Says That Measure.
which Would Have Become Efrec.
tive Today, Was Intended to Rcgu-
late Conditions of Labor, Which,
Congress Has No Power to Do


greensboro, n. c., Aug. 31.-Feder-
al Judge James E. Boyd in the
Western District Of North Carolina
held the Keating- Owen child labor
law unconstitutional and enjoined the
United States district attorney. Will
liam c. Hammer. from enforcing in
the district the provisions of the act
or congress which were to become
operative tomorrow.
The decision of Judge Boyd came
at the conclusion of three days of
argument on the constitutionality of
the act.
Inc attack on the constitutionality
OF the federal child labor law came
before Judge Law on Injunction pro-
ceedings brought by Roland p. Dagen.
hart and his minor sons, Reuben and
John, OF Charlotte, who sought to re-
strain the Fidelity Manufacturing
Company from discharging the two
boys from the company's cotton mills
at Charlotte.
Preliminary to announcing his de-
cision Judge Boyd said that the ar
guments by counsel had been ably
presented and that he came to the
task he had to perform as fully ad-
vised and informed as he reasonably
could expect to be. He stated he was
gratified by the candor Of Prof. Park
inson OF Columbia University, repre-
senting the department Of justice in
defense of the law, who asserted that
congress had used its power over in
terstate commerce for the object of
regulation Of local conditions within
the State and the discouragement of
child labor. Judge Boyd said this
admission left the issue clear and
brought forward the question:
/ Can congress do by indirection
that which it undoubtedly can not do
directly?"
| Congress-" Judge Boyd said, "can
regulate trade among the States but
not the internal conditions of labor"
He expressed his approval of laws
tending to elevate the condition and
moral state Of all the people and
made it clear that his Judgment on
the act was based upon his interpre-
tation of the constitutional limitations
Of congressional power.
| The decision of the court says:
"The court being of opinion that
the said act Of congress is unconsti-
tutional and without the power
congress to enact, it is now on .ho-
ton Of counsel for the plaintiffs or.
dered. adjudged and decrced:
First, that the motion of William
c. Hammer, United States district
attorney for the Western District of
North Carolina, be and the same is
hereby denied.
Second. that the defendant FL
deity Manufacturing Company be and
is hereby permanently enjoined from
In any way or manner, by reason OF
the force of said act Of congress
discharging the minor plaintiff. John
Dagenhart. from it's services, or cur.
failing the employment of the minor
plaintiff, Reuben Dagenhart, to eigh,
hours per day.
Third. that the said William c.
Hammer. United States attorney as
aforesaid. and his successors. assist
ants. deputies and agents, be and
they are hereby permanently enjoined
from in any way or manner eforc-
ig or attempting to enforce the pro-
visions of the aforesaid act of con-
gress or any part thereof, and from
| instituting or causing to be Instituted
any prosecution or proceedings under
the aforesaid statute or any of the
provisions thereof"
The case will be taken to the su-
preme court or the United States and
persons here tonight interested in the
law say that special haste will be
made in the presentation Of the case
on appeal to the highest court for
adjudication.
Argument was concluded for the
plaintiffs today by Judge w. P. BY
mum Of Greensboro. whose chief con-
tention was that the power to close
the arteries Of interstate commerce to
lawful articles Of exchange, which
are not i'm themselves injurious to
public health. morals or safety, is
not possessed by congress.
LIVING IN APARTMENT.