Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1918-08-16
CHILD LIFE MUST
Be CONSERVED

Representatives of organizations
most directly interested in the legis-
lation-the American Federation of
Labor and the National Child Labor
Association-held a conference in
Washington to decide upon a legisla-
tive policy to remedy the damage
done by the supreme court decision.
The abolition of child labor is
something more than what the SUI
preme court designates as mere
local matter 1t is fundamentally
and prominently "A national matter
and is SO considered by an over
whelming majority of our nation.
Those matters which are of funda-
mental national Importance must be
dealt with nationally.
The trend of governmental devel-
opment has been toward the recogni-
ton of federal authority to legislate
in the interests of national welfare.
The supreme court has conspicuously
opposed that development and in de-
Tense of legalstic presidents has
sought to aid separatists influences
under the name of states rights.
But the movement toward the de-
velopment of national standards and
principles is too strong to be stayed
by divided Is to A. court decision.
In a democratic country. the vote of
one person cannot permanently OBJ
struct efforts to protect the making
of a stronger more resourceful ma
ton.
The position of the supreme court
has been reversed before in the in
terests of human freedom-it was in
the bred Scott case. 1t will be in the
Hammer VS.. Dagenhart case.
But our nation must think further
than curative methods. 1t must deal
with this curious political phenome-
non unlike any institution of any
other country. 1t must regulate the
veto power of the supreme court and
eliminate an intolerable situation
that enables five men to defeat the
will of the nation.
In addition the democracy of the
country must see to it that judgeships
are occupied by persons who have
contact with life other than that in
liberated through purely legal theory.
Five members of the supreme
court of the United States have abol-
ished the federal child labor law.
The majority opinion of the court
held the law unconstitutional upon
the following grounds:
''In our view the necessary effect
of this act is, by means of a prohibit
ton against the movement in inter-
state commerce of ordinary CONNER
cial commodities to regulate the hours
of labor of children in factories and
mines within the states, purely state
Thus the act in twofold
sense is repugnant to the Constitu-
ton. 1t not only transcends the au-
thority delegated to congress over
but also exerts a power as
to a purely local matter to which the
federal authority does not extend.
The far-reaching result of UNFOLDING
the act cannot be more plainly indi-
Gated than by pointing out that If
congress can thus regulate matters
entrusted to local authority by prOhi-
bition of the movement of commodi-
ties in interstate commerce. all free
dom of commerce will be at an end,
and the power of the states over local
may be eliminated, and thus
our system of government be prac-
tically destroyed"
The decision of the supreme court
was a shock to the American people.
Coming at time of world upheaval
when precedents have no value, when
men have learned that for practical
safety as we'll as humanitarian pur-
poses every nation must conserve the
physical vigor of the men, women
and children: when principles ana
of human welfare and bet
terment are given greater considera-
ton than ever before. the opinion OF
these five men brings no conVlctlon
to American citizens. 1t has had two
focus thought upon the
undemocratic power en-
ercised by the supreme court OF pass
ing upon the constitutionality of laws
enacted by the will of the people
their duly elected represent
atives, the congress, and to harden
to secure child labor
law protecting children who are 10
the future race
The supreme court could have re-
pealed no other law that would have
caused such a degree of popular re-
sentiment. The minority opinion or
the court written by Justice Holmes
and concurred in by Justices Mcken-
ma, Brandeis and Clarke, expressed
general opinion so convincingly that
the reactionary decision seemed we'll
nigh incredible.
That opinion in part states: