Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-06-03
U. s. CHILD LABOR
LAW NOT VALID
Supreme Court by Bare
Majority Declares Act
Unconstitutional
PURELY A STATE MATTER
washington, June 3.


The child labor law, enacted by Con-
sress last year. after n bitter fight. was
hold unconstitutional by the Supreme
Court this afternoon. The decision was
based on the power of local comruuni-
ties to regulate such matters for them
selves, and could not be interfered with
by Congress.
The case was brought to the Supreme
Court by the cotton manufacturers of
the South, who have been employing
large numbers of children. II was filed
through Roland H. Dagenhart for his
children, Roland, Jr.. Reuben and John.
and the Government lost its case in the
Federal Court for the western district
of North Carolina, the Fidelity Manu-
IA acturins Company being restrained
from discharging them under the law
pa ssed by Congress.
"To sustain this statute would not be
in our Judgment a recognition of the
lawful exertion Of congressional author
itv over interstate commerce. but would
sanction an invasion by the Federal
power of the control of matter purely
local in its character and over which
no authority has been delegated to
Congress in comforting the power to
regulate commerce among the states"
said Justice Day in reading the opinion.
I'm our view the necessary effect of
this act Is, by means of a prohibition
against the movement in interstate COM
merce of ordinary commercial commodi-
Ties. to regulate the hours of labor of
children in factories and mines within
the States. purely State authority
Thus the act in a two-fold sense is
repugnant to the Constitution. It not
only transcends the authority delegated
to Congress over commerce. but also
exerts a power as to a purely local
matter to which the Federal authority
does not extend
The thing intended to be accom-
plished by this statute is the denial OF
the facilities of interstate commerce to
those manufacturers who employ chill
dren within the prohibited ages" the
majority opinion continues. THE act
in effect does not regulate transporta-
ton among the States. but aims TO
standardize the ages at which children
may be employed in mining and manu-
featuring within the States. The goods
shipped are of themselves harmless. The
act permits them to be freely shipped
after thirty days from the time of their
removal from the factory. When Offered
for shipment and before transportati ton
begins. the labor of their production is
over, and the mere fact that they were
lnten0s0 Tor interstate commerce trans
portation does not make their production
subject to Federal control under the
commerce power.
The making of goods and the mining
Of coal are not commerce, nor does the
fact that these things are to- be after.
wards shipped or used in interstate
commerce make their production a part
thereof.
over interstate transportation or It's
incidents. the regulatory power Of Con,
gress is ample. but the production OF
articles intended for interstate commerce
is matter of regulation. If IT were
otherwise, all manufacture intended for
interstate shipment would be brough
under Federal control to the practica
exclusion Of the authority of the States
result certainly not contemplated b,
! the trainers of the Constitution wher
they vested in Congress the authorit,
to regulate commerce among the States.
Justice Holmes. in a dissenting opin
| ion declared Congress was clearly in it!
constitutional power in enacting the chill,
| labor law.
Attaches of the State Department o
Labor and Industry said this afternoon
at their local headquarters that tn
Supreme Court ruling that the nationa
| child labor law was unconstitutiona
would not affect the operation of tn
Pennsylvania law.