New-York tribune., 1918-06-04
Supreme Court Declares 1t
Is Invasion Of Local
Powers Of States
Four Justices Join in
Dissenting Opinion
InterstateC eCommerceActNot
Intended to Regulate Pro-
duction, Majority Says

WASHINGTON, June 3.--The Fed
eral child labor law Of 1919 forbidding
interstate shipment Of products OF
child labor was to-day declared uncon-
stitutional and invalid by the Supreme
Court.
Tnjunctions restraining the govern
ment from putting the statute into
effect and restraining a Charlotte, N.
c., cotton mill from discharging chill
dren employed by it were sustained
by the court.
Justices Holmes, McKenna, Brandeis
and Clark dissented.
In deciding the case Justice Day, who
rendered the opinion, said:
"Over interstate Transportation or
it's incidents the regulatory power of
Congress is ample, but the production
Of articles intended for interstate
commerce is a matter Of local regula-
tion.
III it were otherwise all manu-
factures intended for interstate ship
ment would be brought under Federal
control to the practical exclusion of
the authority of the states a result GER
talnly not contemplated by the trainers
OF the Constitution when they vested
in Congress the authority to regulate
commerce among the states"
The grant of power to Congress
over the subject OF interstate com
merce was to enable it to regulate such
commerce, and not to give it authority
to control the states in their exercise
OF the police power over local trade
and manufacture" said the majority
opinion.
That there should be limitations
upon the right to employ children in
rllnes and factories in the interest of
their own and the public welfare. all
will admit. That such employment IS
generally deemed to require regula-
ton is shown by the fact that the brie
OF counsel states that every state in
the union has law upon the subject.
limiting the right to thus employ chill
0ren.
I'm interpreting the Constitution. It
must never be forgotten that the ma
tlon is made up of states to which are
intrusted the powers of local govern
ment.
"The power Of the states to regulate
laws as seem wise to the local author
lty IS inherent and has never been
surrendered to the general government.
10 sustain this statute would not be
IN our judgment a recognition of the
lawful exertion of Congressional
authority over interstate commerce.
but would sanction an invasion by the
Federal power of the control of a mat
ter purely local in it's character. and
delegated to Congress in conferring
the power TO regulate commerce among
the states.
The act, in a twofold sense. ia
repugnant to the Constitution. 1t not
only transcends the authority dele
gated to Congress over commerce. but
also eXerts a power as to a purely
local matter. to which the Federal
authority does not extend. If Congress
can thus regulate ;matters intrusted to
local authority BY prohibition of the
movement of coma odities in interstate
commerce. all freedom of commerce
would be at an end, and the power of
the states over local matters may be
eliminated and thus our system Of
government be practically destroyed" :"
IN the dissenting opinion Justice
Holmes declared enactment Of the law
came clearly within the powers of
Congress.
The act does not meddle with any
hing belonging to the states" said
Justice Holmes. "They may regulate
their internal affairs and their domes-
tic commerce as they like. But when
they seek to send their products across
the state line they are no longer with
N their rights. If there were no Con-
stitution and no Congress their power
to cross the line would depend upon
heir neighbors. Under the Constitu-
ZION such commerce belongs not to the
states but to Congress to regulate. 1t
may carry out its views of public
policy. whatever indirect effect thew
may have upon the activities of the
states.
The public policy of the United
States is shaped with view to the
benefit of the nation as whole. The
national welfare as understood bv
congress may require different atti
tude within its sphere from that of
some self seeking state. 1t seems to
me entirely constitutional for Con-
g,ress to enforce its understanding by