Every evening, Wilmington daily commercial., 1918-06-24
CHILD LABOR LAW DECISION

f'tfb tR'ph ~ "
Editor Every Evening The Suprcno
Courts decision holding the National
Child Labor Law lnvuld seems 10 be
most unpopular one 20 many VINO are
not thoroughly granted ~ constitutional
theory. They think the case should nave
bccn decided on ethical grounds rather
than upon high lcgel principles rcicn-
thc questions must be solved by experts
Healing by doctory, cOusiructon ~
mechanics finance nv bankerP and ifgal
decision b. lawyers
Courts are kept busy b. lmpn1ve
people Of supposed progressive ideas,
rushing 10 the Legislature and lobbying
persistcntly until tbc idea pasecs INTO en-
sctmcnt All cnsctmcuts nre not bind-
ing laws TO the legn mind the question
huses Is an act valid under tne organic
law fhe labor law had 10 meet this
final tcat
In 1907 Senator Bevcridge propoeed
this national hid Labor bill and ~ WIS
vigorously advocated before The people
by ~ author, and Mr. Eryau and othcr7
II progressive though The matter waS
So opposed 70 all constitutional theory
that We could not remain neutral in
, thought and word, but wrote several
articles IN favor 0f the constitution, and
this placed ls m opposition to the blll
our most extended writing was published
~ the Chicago I.cgal News. August p
! 1907 This contest has continued ~
times during the last ten wears and Was
Cpnruluded bu' few days ago n thc
court decision
~ looking lp the 1907 article we now
| find that tho article and the court decision
| run on parallel lines There ure however
J h~ - frl~ rtrf
| mentioned in he decision ard it NAV
! be Of public interest io quote fc1 para
| graphs from thc paper of 1907
Cor grcss cannot 20 back beyond tic
/ bcginnirg 81 interstate commerce and
! regulate production ary moro than =
can 20 back one step further and regulate
/ The raising ~ grain that is - - made into
/ -four the -four 10 ~ brought into com
/ ncrce among The States Who would
contend that the government has the
/ power 10 prevent paper made from straw
/ going INTO interstate trade because the
/ farmer lad indcr age plowcd the ground
i bat raised the wheat which produced
the straw from which the paper was made?
/ II j. not scientifically tr'ie that grain
| raised by q youth IS more dangerous 70
/ health than that cultivated by men with
/ frosted hair and trembling step.
| Interstate commerce commences when
| he purchaser Of goods begins moving the
/ same towards the State line with the in
| tent ID carry them beyond the line. The
| intent docs not constitute commerce
| across the line: there il the right 81 re-
/ tracing before the line is reached. II the
| case Of Kidd - Pearson 1913 Il = and
/ The Sugar Refinerv case remain unrevers-
/ cd there can 10 ro hope for the Bever1d ge
! Child Labor bill.
The lottery decision Il based solely
| on the danger from the use Of the tickets
N another state and not upon any dam
age to the state Of manufact ure.
Laws regulating commerce must be
uniform and not discriminate when goods
arc equally harmless Coal from Illinois
cannot bc restricted while coal from In
diana and Pennsvtvanla are unrestricted
except on the ground oi quarantine or
other similar reason.
Children are citizens and entitled 70
constitutional protection. Can !aw
prevent children from passing from state
10 STATE? Why may they not help 70
produce goods and carry them beyond
/ the state line2
The domestic relations are under
state jurisdiction aRd Congress cannot
regulate marriage. he number Oi OFF,
~prIng and the age Oi majority. he
/ state NAV permit the Youth 10 work Or
! keep it by charity he nation mas 40
! Chlldrens Homes or Almshouses. and
! It must not prevent the child from pro-
/ viding ne means for rs existence.
The restriction 81 one man goods
and not another would be he taxing
away oi liberty and property without
process Of Law. Justice Harlan IN the
lottery case clearly distinguishes between
the selling Of innocent goods and those
injurious to health and the pubic morals
Does the United states possess any
police power? As well ask Il Great Brit
ain has any such power. No nation can
exist without government, and there can
be no government without police power.
What are the army and navy but the
police forces Of the nation? \ stream
cannot rise above its source, neither can