The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-09-17
Editorial Comment
on Current Subjects
THE UNFAIR CHILD LABOR LAW
From the American Economist.

TIE ONFHlh SrlILG LHoOh LAW
From the American Economist.
The subject of child labor is again
brought into notice through the decis.
ion of Federal Judge Boyd, of North
Carolina, who holds that the law pass
ed by Congress in September, 1916 for
bidding interstate commerce in goods
manufactured in factories employing
children under IA years of age, is I'M
constitutional. The court has held
that Congress cannot do by indirection
what it cannot do directly; that Con-
gress can regulate trade among the
States, but not the internal conditions
of labor. This decision granted an in.
junction against the enforcement of
the Child Labor Law in that judicial
district only 1t was without force in
other jurisdictions. An appeal has
been taken to the supreme court of
the United States, and pending decis.
ion on that appeal North Carolina in.
junction is imperative and the provis.
ions of the law remain effective.
Whether the United States Supreme
Court shall reverse or sustain the de-
cision OF North Carolina, the fact re.
mains that the passage by Congress
and approval by President Wilson of
the Child Labor law was matter OF
politics, nothing more, nothing less.
It's passage in September, 1916, two
months before a Presidential election,
was undoubtedly timed with reference
to that election. Else why was not the
law passed at least two years before
It's passage in 1915 was obviously plan
ned with view to winning votes for
the reelection Of President Wilson
and another Free Trade Congress.
This conclusion is enforced by the
fact that the same Congress which
passed and the same President which
approved the law restricting the en-
ployment Of American children under
IA and forbidding the interstate mar
keting OF goods in the production OF
which child labor had been employed,
made no restriction for the importation
of goods from foreign countries where
child labor forms an important part of
the labor employed.
To illustrate: The North Carolina
mill owner is forbidden to employ any
children under IA. He cannot sell out.
side Of North Carolina yard of cotton
cloth in the fabrication of which such
child labor has had a part. So with
mill owners in every state in the union
They are prevented by Congressional
enactment from selling goods that in
part have been produced by child la.
Dor.
But no such prohibition applies to
the products Of other countries where
child labor is extensively employed at
low wages. What the American mill
owner is forbidden to do, the foreign
mill owner may freely do. The foreign.
er may without let or hindrance push
his goods into the American market
at prices with which our domestic
mill owners cannot compete. The I'm.
derwood Free-Trade Tariff, framed
with the express intent Of promoting
foreign competition enables the for.
eign producer to profit by privileges
that are denied the American produc-
er.
Take the, case Of Japan where great
numbers Of children are employed in
industrial plants, and where there
are no restrictions as to ages or hours
OF LABOR. In the Fifteenth Financial
and Economic annual of Japan, the of.
fetal publication of the Japanese De.
partment of Finance, tabulation is
presented Of the wages paid to children
under fourteen years of age employed
In rs branches Of industry. In this ia
BILE we find that the wages of boys
range from IS sen (71s cents to Is sen
q215 cents) day while the wages of
girls vary from 10 sen Is cents) to 20
sen (1O cents) day. In neither the
Underwood Tariff law, the Child Labor
law, nor any other law is there any
bar to the free importation OF goods
produced by the Japanese children.
The American Economist favors the
Just, equitable and uniform and whole.
some regulation Of child labor in the
United States, but insists that the
same regulation should be enforced re.
gardtng the importation of foreign
goods that are the product of child Ia.
Dor. Why should American manufac.
turers be handicapped by restrictions
that do not apply to their toreiEn com.