The sun., 1918-07-04
CHILD LABOR.
Infants Can Be Protected without
Destroylng the Constitution.


To THE EDITOR or TIE sus-sS: I
was pleased with your exceptionally good
editorial article concerning The Fed-
erai Child Labor law" particularly tho
last paragraph. Those who read an
article in another great daily should
carefully read yours in order to be set
right. Anybody having full under
standing of tho relation OF the States
to tho Federal Union who read this
article, entitled "Rewrtting the Constitu-
tion," must have been amazed. It's hrrt
paragraph Is simply startling. I should
like to know by what authority the
statement II made that all tho States
except those Of the South now have
child labor laws. The decision itself
effectually negatives this assertion an to
the Southern States.
Again. why does the writer say with
10 much assurance that 1T Is improbable
that such a decision will stand? I
have always believed that in the end
right will prevail. AS this decision Is
In accord with the organic law--the pal
ladium of our liberty and other rights
hope II will stand" till tho end of
time. unless the people Of the United
States In their sovereign capacity change
the Constitution in one Of the two meth
DDS prescribed therein. I don't think
that even that high tribunal at Washing
ton has any authority to amend that
sacred instrument the United States
Constitution. although Chief Justice
Marshall one hundred years ago en-
grated an amendment thereon. How
much his erroneous decision contributed
to the erroneous decision In the bred
Scott case we can only conjecture. suf-
noe 1t to gay. both decisions were wrong.
both radical both tinged more or less
with partisan bias. II there had been
no erroneous college decision there
might have been no erroneous bred
Scott decision. and IL no bred Scott
decision there might have been no
civil war.
Two wrongs don't make a right. nor
do a dozen unrlehteous make a right
eous decision. The argument seems to
be that because the court went wrong
once It should have done SO again.
That Is the old stara ducisis (prece-
dents) doctrine which the courts are
happily getting away from, much to
their credit.
The war Of the Rebellion settled for
ever the absurd doctrine Of absolute
State sovereignty. but 1t did not strip
the States of those essential attributes
Of sovereignty that are Indispensable to
their existence as States; and within
their spheres OF sovereignty the States
are as sovereign as the Federal Union
Is sovereign within its sphere. Within
4, nlr tt,re
Of each is unlimited. and IL the guam
tum Of sovereignty that belongs to each
respectively is TO be changed. the pub
lie and not the courts must make the
change by the constitutional method.
Any other method means q disregard Of
popular rights as we'll as OF the funda-
mental law itself
The immortal Lincoln did not agonize
and suffer martyrdom merely for the
salvation OF the nation and liberation
Of the slaves, but for the preservation
Of an inseparable union OF indestructi-
bic States. The writer mentioned talks
as II he thought the war between the
States had totally annihilated the States.
or at least had reduced them to hope
less inbeclity; while It only put at rest
forever the doctrine OF absolute State
sovereignty as advocated by General
Bob Toombs. John C. Calhoun and others
some sixty years ago.
Mr. Tyler OF Maryland. who was born
near where THE star Spansled Banner
was penned, recently wrote an American
creed which gave him $1,000 prize
over some 1000 competitors. 1t Is as
follows:
believe In the United States Of Amer
lea as a government OF the people. by the
people. for the people whose Just powers
are derived from the consent Of the gov
erned: a democracy In republic. SOW
erelgn nation OF many sovereign States:
a perfect Union. one and inseparable, es-
tablished upon those principles OF free
dom. equality. justice and humanity for
| which American patriots sacrificed their
lives and fortunes.
therefore believe It my duty TO my
country to love Il. to support Its Corstt-
| tuition. to obey its laws TO respect its nag
and defend 1t against all enemies
believe IN protecting the children by
| all means Il have seven myself. but
also believe In UNFOLDING the Consti-
/ tuition Of this great nation. and that
I under no circum st ances should it's pro-
visions be disregarded or trampled under
foot The above creed Is my creed. and
I also believe that the majority opinion
in the child labor case IL right. and
therefore 1t ought to stand and will
stand as long as that august tribunal
which rendered 1t shall last, simply be-
cause II Is right. l say this with great
Difference to Mr.. Justice Holmes and the
others who concurred with him and dis
ssrted from the majority opinion.
JAMES c. JENKINS.