Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-09-01
Child LABOR LAW
IS HELD invalid
Decision Handed Down by Judge
Boyd in Federal Court
at Greensboro.
CONGRESS EXCEEDS POWER
Permanent Injunction Against
Enforcement of Statute in
District Is Issued.
CONGRESS EXCEEDS POWER
tBy Associated Press.l

Federal Judge James e Boyd. of the
Western District of North Carolina
to-day held the Keating-Owen child
labor law unconstitutional and en-
joined the United States district at
torney. William c. Hammer. and his
successors. assistants. deputies and
agents" from enforcing in the district
the provisions of the act of Congress
which were to become operative to-
morrow
The decision of Judge Boyd came at
the conclusion of three days of argu-
ment on the constitutionality of the
act
The attack on the constitutionality
Of the Federal child labor law came
| before Judge Boyd on injunction pro-
| ceedings brought by Roland H. Dagen-
hart and his minor sons Reuben and
; John. of Charlotte. who sought 10 re-
strain the Fidelity Manufacturing Com
pany from dlscharging the two boys
from the company's cotton mills at
Charlotte.
ARG UMESTS BY COUNSEL
ARE ABLY PRESENTED
Preliminary TO announcing his deci-
sion. Judge Boyd said that the argu-
ments by counsel had been ably pre-
sented. and that he came to the task
he had to perform as fully advised and
informed as he reasonably could ex-
pect to be. He stated that he was
Gratihed By the candor Of Professor
Parkinson. of Columbia University
representing the Department of State,
who asserted that Congress had used
Its power over interstate commerce
Tor the object of regulation OF local
conditions within the State and the
encouragement Of child labor Judge
Boyd said this admission left the issue
clear and brought forward the aues-
tion: Can Congress do by indirection
'ha, which it undoubtedly cannot do
directiy?"
Congress he said. can regulate
trade among the States, but not the
internal conditions of labor"
Judge Boyd expressed his approval
OF laws tending to elevate the condi-
tion and moral, state of.allt the people,
and made II clear that his judgment
on the act was ba:cd upon his inter-
pretation OF the constitutional limita-
tions OF congressional power.
The decree signed by the court is
entitled Roland Il. Dagenhar, and
Reuben Dagenhart and John Dsgen-
hart. by Roland H. Dagenhar,, pro-
chein ami. plaintiffs. VS.. Fidelity Man
utacturinG Company and William c.
Hammer. United States attorney for
the Western District of North Caro-
ma. defendants" and after a pre-
ilminarY recital of the facts that were
presented in equity and the complaint
MED by the Fidelity Company admit
tinG the facts. and the motion to dis
miss the suit fled by Distric, Attor-
hey Hammer being denied. says:
Ihe court. being OF opinion that the
said act Of Congress is unconstitu
tlonal and without the power of Con-
Gress to enact. it is now, on motion
OF counsel for the plaintiffs. ordered.
adjudged and decreed:
First-That the motion of William
Hammer. United States district at.
torney for the Western District Of
North Carolina. be. and the same is
hereby. denied.
PERMANENTLY ENJoINED
FROM ENFORCING LAW
Second-That the defendant Fidel-
ity Manufacturing Company be. and IL
Is hereby, permanently enjoined from.
IN any way or manner. by reason OF me
tcrce Of said act of Congress, discharg.
Ing the minor plaintiff John Dagen.
hart. from It's services. or curtailinr
the employment of the minor plaintIff.
Reuben DaGenhart. to eight hours per
day.
"Third-That the said William C.
Hammer United States attorney >s
aforesaid. and his successors. assist.
ants. deputies and agents. be, and they
are hereby. permanently enjoined from
In any way or manner enforcing or
attempting to enforce the provisions
OF the aforesaid act OF Congress-, or
any part thereof. and from instituting
or causing TO be Instituted any prose-
cution or proceedings under the afore-
said statute or any OF the provisions
thereof"
The case will be taken to the Su-
preme Court of 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 ap-
peal to the highest court for adjudica-
tion.
Argument was concluded for the
plaintiffs to-day by Judge w. p.
bynum. OF Greensboro. whose chief
contention was that the power to close
the arteries of interstate commerce To
lawful articles of exchange which are
not in themselves Injurious to public
health. morals or safety Is not pos
cessed by Congress.
DECISION MERELY VEHICLE
TO GET TO SUPREME COURT
fBy. Associ.ted PressJ
WASHINGTON August 3l.-Federal