Every evening, Wilmington daily commercial., 1918-06-26
No. 70i-ocroBER TERM, 1917.

SOIhEME NOt IL | VI t1tf. M / Ell
STATES
NO 70i-oCroBER TERM, 1917.
" c. Hammer. United States attorney
for the Western District OF North
Carolina. appellant,
vs..
Roland H Dagenhart and Reuben Dagen-
hart and John Dagcnhart, minors, by
Roland H. Dagenhart, their next
friend
Appeal from the District Court OF the
United States for the Western District
of North Carolina.
June ,, l91SO
MIR Justice Day delivered the opinion
of the court.
bill was fled IN the United States
District Court for the Western District
Of North Carolina by father III his own
nehali and a. next friend of his two minor
sous. one under the age OF fourteen years
and the other between the ages of fourteen
and sixteen wears. employees IN cotton
mill At Charlotte, North Carolina, To
enloin the enforcement of the act OF
Congress intended 10 prevent interstate
commerce IN the products OF child labor.
So stat 615. ch. 49,
constitutional and entered decree en-
inlnIng its enforcement. his appeal
t.rings the ease here The first section
Of the act Is in the Margin
Other sections Of the act contain pro
vision for It's enforcement and prescribe
penalties for It's violation
The att4ck upon he act rests upon three
propositions First il Is not a regulation
OF interstate and foreign commerce,
second. IT contravenes the tenth amend
ulent to the Constitution. thIrd. It CON
ilIrts with the fifth amendment 70 the
Constitution
The controlling question for decision IS:
Is il within the authority ~ Congress III
regulating commerce among the states
to prohibit the transportation IN inter
state commerce Of manufactured goods.
the product Of a factory IN which. within
thirty davS prior to their removal there
from. children under the age oi fourteen
have been employed or permitted to work,
or children between the ages Of fourteen
and sixteen wears have been employed or
permitted to work more than eight hours
in anv dav. or more than SIX DAYS in any
week or after the hour OF seven clock
. M, or before the hour of q o clock a. m
The power essential to the passage 81
thus act the government coCtends. Is
found In the commerce clause ot the Con
stItutlon which authorl5eS Congress 70
regulate commerce with foreign DatIonS
ard among the States.
In Gibbons " Ogden. 9 Wheaton /,
Chief Justice Marshall speaking for this
court. ard defining the extent and nature
OF the commerce power, SAID, II i the
lower to regulate. that Is - prescribe
the rule ly winch commerce Is 70 be
governed In other words, the power
is one 10 control the means by whIch
commerce is carried on, which Is directly
ire contrary OF the assumed right TO
forbid commerce from moving and thus
destroying il as TO particular commodl-
lies But 1t is insisted that ad!udged
cases in this court establish the doctrine
that the power TO regulate given 10 Con-
,rress incidentally includes the authority
IL prohibit the movement OF ordinary
commodities and tehreforc that the sub
iect Is not open for discussion. ne
eases demonstrate the contrary. They
rest urOn the character OF the particular
subjects dealt with and the fact hat the
scrorpe OF governmental authority state
or national. possessed over them Is such
hat the authority to prohibit IS as TO them
but the exertIon OF the power TO regulate
The first OF these cases Is Champion Y.
Aue-: 1sS L. : 32l the sO-called Lot
.rry ase. IL which It vas held that Con
srre,s might pass a law having the effect
- keen the channels OF commerce Tree
rom use IN the transportation OF tickets
used In the promotion o lottery schemes
In Hipohtc Leg Co. V. | nted >tateS. 20
T. : -. this court sustained the power OF
orgre9S To pass ne Pure Food and Drug
act which prohibited the Introduction IN
= -T~.F1
commerce OF impure foods and drugs
ID Hoke Y JDlted States. 227 L. ;
3ts. this court sustained the cOnstItu-
tiopalItv of the so-called w hIte Slave
Traffic act" whereby the transportation
nj a woman in interstate commerce for
the purpose of prostitution was forbid
den. In that case We sad. having refer
ence to the authority Of Congress, under
the regulatory power 70 protect the chan
nels of interstate commerce
"If the facility OF interstate transpOrta-
ton can be taken away from the de
Inoralization of lotteries, the debasement
of obscene literature, the contagon OF
diseased cattle or persons, the lmpurty
of food and drugs. the like facility can be
taken away from the systematic cntlce-
rnent TO, and the cnslavement IN prostltu-
ton and debauchery OF women, and,
more insistently, Of gris
In Caminettl Y United states, 24Z
5. 40, We held that Congress might
prohibit the transportation ot women IN
interstate commerce for the purposes Of
debauchery and kindred purposes In
Clark DistiHing Co Western Maryland
Railway TO. 242 L ; 81 the power q
Congress over the Transportation of in
t,,riratinc Tof1ors was sustained III the
course Of the opinion il was said
The p,wer conferred IS 70 regulate
and the yer, terms IL the grant would
seen 10 rcDej the contention that onIv
nrobIbitIon of movement in interstate
forrnercc was embraced And the co
vonr, ~ rms i manifest since II the doc
trinc were applied To those manifold
and important subjects Of interstate com
- hal no producer. manufacturer, Or