Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-12-14
DODGING THE CONSTITUTION

1t is one of the principles Of law that one may not do
indirectly what he cannot lawfully do directly. The prin-
ciple, however, has many exceptions, and as a curb On
legislation it does not appear to have any application at
all.
Congress some time ago passed a law the purpose of
which was to prevent child labor. It was conceded that
congress could not directly prohibit child labor, as that
would be an interference with the functions Of the states.
The attempt was made, therefore, to dodge this consti,u-
tional inhibition by providing that no article produced by
the labor Of children Of tender years should be admitted
into interstate commerce. AS most of the product Of the
factories in which child labor is extensively employed
crosses state lines before it finds its market, it was sup
posed that this would serve the desired purpose.
The supreme couft>has recently decided this law to
be unconstitutonal, and another attempt is being made
to evade the constitution by imposing a prohibitive tax
on the products Of child labor. This device has been en-
ployed in other cases, and has been found to be ertective.
1t is a curious fact that in very many cases when the
Constitution has prohibited legislation along certain lines,
our lawmakers, instead of abandoning their plans as con-
ltrary to the spirit Of the constitution, or seeking to amend
that document in order to bring it into line with present
day thought, have sought to accomplish the same purpose
by changing the method of procedure and stating it in
a different form of words.
One illustration is found in our currency legislation.
The evils of state currency were very generally recognized
when wildcat banking had forced the subject on public
aLtentlOn. But congress mad no power to prohibit the is
lsuance of state bank currency. Accordingly a tax Of 10
per cent was imposed on all issues Of currency by state
banks, and that did the business.
Congress has no power TO stop the manufacture Of
oleomargarine. coored or uncolored. But in response to
a demand for legislation which would cripple the industry,
as the right to color their product had seemingly been
pre-empted by the makers of butter and cheese, 1t was
decreed that colored cleo should be taxed 10 cents a
pound. Accordingly, no artificially colored cleo is sold.
The consumer buys the white product, and uses it that
way. OF colors it to his liking with the little capsule of
color which comes with each package. This is a little in
convenient, but the person who wishes it can have his
oleo, colored or in the natural, and the dignity of the
constitution is maintained.
Equally transparent methods of beating the iconsti-
tuition have been employed in connection with prohibition
legislation. Failing fresh constitutional authority, con-
gress could not, in the ordinary course, enact prohibitory
liquor legislation. But under the enlarged powers neces-
sarily assumed because of the war, congress could do
many things otherwise prohibited, and the prohibition of
the liquor trade was urged as a war conservation measure
when, as was we'll understood, the real purpose was that
Of prohibition itself.