The Duluth rip-saw. [volume] (Duluth, Minn.) 1917-19??, 1918-11-16

While the President is trying to
| make the "World Safe for De-
mocracy," the Supreme Court has
made the United States unsafe for
children.
The Supreme Court on June 3,
by a vote of five to four, declared
the National Child Labor Law un-
constitutional.
The Child Labor Bill was passed
in the House Of Representatives,
February 2, 1916, by a vote of
337 to 46, and in the Senate Au-
gust 8, 1916, by a vote of So to
~; it was signed by the President
September 1, 1916, and became ef-
fective September 1, 1917, or one
year after date of passage.
The law provided for the pro-
hibition of shipments in Interstate
Commerce of manufactured goods,
the products of factory in which,
within thirty days prior to re-
moval therefrom, children under
the age of fourteen had been en-
ployed or permitted to work, or
| children between the ages of four
| teen and sixteen had been en-
ployed or permitted to work more
than eight hours in any one day,
or more than six days in any week,
or after the hour of seven p. m.
or before the hour of six a. m.
The law provided the following
penalty for it's violation: For the
first offense a fine of not more
than 5000, and for each subse-
quent offense, a fine of not more
than $1,000 nor less than 500 or
by Imprisonment for not more than
three months, or by both fine and
Imprisonment, in the discretion of
the Court.
The Supreme Court decision on
June 6, 1918, was formulated by
Justices Day, White, Van Devan-
ter, Pitney and McReynolds. JUS
tice Holmes read dissenting
opinion, concurred in by Justices
Brandeis, Clark and McKenna.
Who are these five men of the
Supreme Court who insist upon
keeping children in factories?
Edward Douglas White is "a
years old, born in Louisiana; while
serving term in the United States
Senate was appointed (Feb. 49,
1894 an Associate Justice of the
Supreme Court, by President
Cleveland; and appointed by
President Taft, Dec, IL, 1910
Chief Justice of the United States,
William R. Day has passed his
69th year; he was born in Ohio.
He was Chairman Of the commits
sion which negotiated the Treaty
of Peace with Spain at the close
of the Spanish-American war. In
February, 1903, he was made an
Associate Justice of the Supreme
Court, by President Roosevelt.
Willis Van DeVanter will be 60
years old next April. He was born
in Indiana, has been a lawyer since
1881, and has held public positions
since 1884; was appointed Assoc
late Justice of the Supreme Court
of the United States by President
Taft, Dec. 16, 1910.
Mahlon Pitney was 60 years old
last February. He was born in
New Jersey and was Chancellor
of that State from January, 1908,
until March, 1912, when he was
appointed an Associate Justice of
the United States by President
Taft.
James Clark McReynolds was
born in Kentucky in 1862. He was
| Assistant Attorney General of the
United States 1903-1907; was ap-
pointed Attorney General Of the
United States March 5, 1913, and
Associate Justice of the United
States August, 1914, by President
Wilson.
There is nothing in the record
to show that any of these men
had to enter industry when they
were small boys. On the contrary
they were born lucky, received
good educations early in life, and
therefore escaped being exploited
as children in work shops.
Justice Day, who handed
down" the prevailing opinion said
that the act in a twofold sense is
repugnant to the Constitution. eft
not only transcends the authority
delegated to Congress over Com.
merce, but also exerts a power
as to a purely local matter to
which the Federal authority does
not extend" .>r..
In the dissenting opinion, JUS
| l:o uoIrnao cfo4od fhot Con orocs