Every evening, Wilmington daily commercial., 1918-06-26
CONGRESS AND THE STATES.
Ex-Prrsident Taft IN Philadelphia Ledg

Ex-President Taft in Philadelphia Ledg
The action Of the Supreme Court 10
holding the Federal chlld-labor law IN
valid has reused public criticism IN sorne
quarters The court saws the law Invades
the function Of the States W by does TINS
reason not satisfy the complanants ne
absorption Of unusual governmental power
AZ Washington under the war power OF
Congress makes people forget the I'M
pOrtance Of maintaining local sell-goV-
eminent Because States differ IN this
eagernesS 70 adapt progressive social
measures, enthusiasts appeal ~ congress
to compel the Tagging ones and nave no
patience with constitutional restriction OF
Congress power tn tins end. Manulac-
turers III States where chIld-labor laws are
rigidlv enforced fear the advantage OF
competitors 10 less CONSCIENTIOUS states.
Great Indignation Is therefore, manifest
over the Judgment Of the Supreme Court
The Federal labor act forbade, under
UenaItv, the shipment IN interstate com
merce of products Of the mine or factory
In which children under certain age were
emDl0ved 1t was conceded by All that
only States could regulate child labor
within the State The majority 0i the
court decided that this was an attempt
bV Congress to regulate the use oi enid
labor IN the State VIII any man say that
that was not Its purpose 1t was a con
gressIOnal threat 10 the state 7 nit=es
YOU make vour labor laws 70 suit US We
prevent your use OF interstate commerce
for the sale of your goods In other
words can any man fairly say that TINS
was not an effort OF Congress. by duress,
to control the discretion OF the state IN
tended by the constitution 10 be tree!
Chief Justice Marshall, IN the case OF
Mccullough We. the State OF Maryland,
SAID Should Congress, under the pre-
text Of executing It's powers, pass laws Tor
the accomplishment Of objects not IN
trusted to the government, It would be
come the painful duty Of this tribunal
should case requiring such decision
come before It, to say that such an act is
not the law Of the land.
In the child labor ease Congress has
done just tins Under the preteXt OF exc
cutting It's power over interstate commerce
ii passed tins Law 10 accomplish an ob-
ject not lntrusted Ia It Congress ~
refuse To permit things IN mtcr>
commerce that cndanger person
property ID the transportation
refuse u permit the interstate CONT
to be vehicle TO spread evil, or ~
ality or disease or fraud INTO
States These arc legitimate rcp.I
of commerce Such are the lottci<
the pure food act, the white slaN art
and the liquor act The case Of the cnIId
labor law differs from al Of these IN that
no objection is made 10 the character Of
the goods They arc just As easily car
rjed as goods made bv adults and don
affect interstate commerce nIunouslN
ii any way They arc just as good As
any goods for consumption IN other
States or abroad
The minority of the court stIstans the
law bv the bald proposition that Con
grcss authority over interstate com
merce is absolute and it may prohibit
for any purpose Therefore, Congress
NAV indirectly regulate the internal
production Of the states by the duress Of