Denver labor bulletin., 1918-11-30


esting item that says that since the
decision of the supreme court the de-
partment of labor has been flooded
with kilograms of inquiry from en-
ployers thruout the country whether
they are now free to employ children
under the age of Ia or 16 in the
mines and in factories, and these re-
quests show so much anxiety that
they are usually accompanied by the
statement, Wire reply collect
ut is evident that this decision can
not be permitted to stand as law un-
less the entire course of social legis-
lation is to be turned back, which no
nation developing normally and de-
veloping rapidly, as the United States
have been developing lately can af-
ford. Now, what is to be done?
There is conflict in France be-
tween the chamber of deputies and the
senate for years as to the respective
powers of the two legislative bodies.
There is a conflict in England between
the house of commons and the house
of lords, and the house of commons is
all the time gaining at the expense
of the house of lords. And it is very
likely that one of the results of this
war will be the complete disappear
ance of the house of lords, so that the
British legislature, instead of being
bi-cameral, will consist of one body.
Nullify Peoples Will.
How can we overcome the conflict
between the three branches of the gov
eminent? Is the supreme court to
nullify the legislation of Congress
Is the court to tell the legislature what
the legislature intended to do? That
is what it amounts to, because the
legislature cannot be assumed to have
wilfully committed an act contrary to
their oath of office and contrary to the
constitution. By majority of one
the court nullified the will of the
elected representatives of the people.
How is the conflict to be avoided
Half a dozen suggestions have been
made. Somebody has suggested that
every law which we consider of vital
Importance should be accompanied by
statement that the supreme court
should have no power to declare it un-
constitutional Another remedy pro-
posed is that the supreme court, which
has appellate jurisdiction, shall be de-
prived of the opportunity to have mat
ters involving the constitutionality of
federal statutes brought before them
on appeal.
There is, again, the suggestion
made that the decision of the court
may be revoked by referendum to
the people and finally that an amend
ment to the constitution itself should
be adopted to the effect that nothing
contained in the constitution shall be
so construed as to authorize the su-
preme court to declare any act of Con-
gress unconstitutional.
Must Do Something.
Something must be done. We can
not afford to deprive the national leg
islature of the power to deal with
great social and industrial problems.
Perhaps it would be a good thing for
Congress to appoint select committee
to study the entire problem and pre-
sent remedy. This matter cannot be
left in the condition which it is in
today.
1--WE cannot permit a state of af-
fairs where, by a majority of one, the
supreme court can nullify an act of
the House of Representatives, of the
! Senate, and of the President of the
United States.
eve cannot permit repetition of
the horrible effect which followed the
Dred Scott decision. This is per-
haps poor analogy, because it is
hardly likely that anything that can
happen IN America IOudy VIII ever
bring about the same disastrous re-
suit.
"The situation is extremely serious
and Congress should not delay in TAX
ing up the matter in the most thoro-
going manner and face the problem
in brave way, so that we will be able
to go to the people at an early, op-
portunity and tell them that we have
found remedy for avoiding the pos
sibility of one judge of the supreme
court vetoing the legislation of Con-
gress.
"The constitution has carefully cir
cumscribed the power of the Presi-
dent to veto the action of Congress
by enabling a two-thirds majority of
Congress to override the Presidents
veto. And then do not forget that
members of Congress and the Presi-
dent are elected by the people and can
be recalled by the people, while su-
preme court judges are appointed for
life"