Every evening, Wilmington daily commercial., 1918-06-26

beginning has regulated, not prohibited,
the existence of government under the
Constitution would bc no longer possible
And concluding the discussion which
sustained the authority of the govern
ment to prohibit the transportation oi
liquor in interstate commerce, the court
said.
80 the exceptional nature OF the
subject here regulated is the basis upon
which the exceptional power eNerted must
rest and affords no ground Tor any lear
that such power may be constitutionaiiy
extended To things which 1t may not,
consistently with the guarantees OF the
Constitution, embrace.
In each of these instances the use OF
interstate transportation was necessary
TO the accomplishment of harmful RESULTS
In other words, although the power over
interstate transportation was to regu,
late. that could only be accomplished
by prohibiting the use of the fac'ilties
of interstate commerce to effect the evil
intended
This element is wanting IN the present
case The thing intended to bc accom-
pIlshcd bv this statute Is the dcnlid Oh
the facilities of interstate commerce 10
those manufacturers IN the States who
cmnlov children within the prohibited
a,yrs Tho act I'm it's effect does not regu-
late transportation among the States, but
aims to standardizc the ages mt winch
children may be employed III mining and
manufacturing within the states. Inc
goods Skinned are of themselves harm
less. The act permits them to he ireeIy
shipned after thirty days from the time
Of their removal from the factory. " hen
offered for shipment and before trans
portatiOn begins the labor oi thelr pro
duction Is over, and the mere TACT that
they were intended for interstate com
merce TRANSFORMATION docs not make their
production subject to fedcrai cohtfol
under the commerce power
Commerce consists OF intercourse ana
traffic and includes the trans,
portation Of persons and property, as wen
as the purchase. sale and exchange oi
commodities The making OF goods and
the mining of coal are not commerce. nor
does the fact that these things are to he
afterwards shipped. or used m interstate
commerce. make their production a part
thereof Delaware I.sckawanna \ v est
ern r. r. Go. V. \ urkonIs. - Y : -"
Over interstate transportation, or us
incidents. the regulatory power OF on.
gress Is ample. but the production 81
articles. intended for interstate com
merce. is matter Of local regulation.
When the commerce begins IS dcterinin-
ed. not by the character OF the commonly
nor by the intention ct the owner to
transfer Il to another state ior SAFE nor
~ his nreparation Of il for transportation,
but hv its actual delivery to common
carrier for transportation, or the actual
-
State. l(Mr Justice Jackson IN In re
Green. 81 Fed. ll3 This prrnciplc has
been recognized often in this court oe
y Errol. ito t. 5 5l7: Bacon limos,
227 L : 5O4. and cases cltcd II u
were otherwise, all manufacture intended
for interstate shipment would be brought
under Federal control 10 the pracilcai
exclusion Of the authority of the states
a result certainly not contemplated ~
the Trainers OF the Constitution when they
vested in Congress the authority 70 regn-
late commerce among the states hldd
y Pearson. l2S | ; |. y
II i further contended that the au-
thOritv Of Congress NAV he eXertfd ~
control interstate commerce IN the snip
1nent Of child-made goods because q
! he effect OF the circulation OF such goods
IN other States where the evil OF TINS
class of labor has been recognized by locsl
lagIsIatinn and the right to thus employ
child labor has been more vigorously re-
strained than IN the State OF production
In other words. that the unfair comprtl-
ZION thus engcndered. may nc controlied
hv closing the channels Of interstate
commerce to manufacturers IN thoSf
states where the local laws do not meT'
what Congress deems 70 be the more I'ls'
standard OF other states.
There IS no power vested IN Congress 70
recuire the St&tes to exercise their ponce
power 50 as To prevent possible Unfair
competition MANY causes may CO
operate to give one State, by reason OF
local laws or conditions, an economic
advantage over others. he commerce
clause WAS not intended to give 10 congress
q general authority TO equahze Snch coh-
dItions In some of the states laws nave
heen nassed fixing minimum wages for
women in others th local Law regulates
the hours OF labor u: women IN various
amnIovrnents Business done IN such
States NAV be at ar economic dlsao-
vantage when compared with states
winch have no such regulations surely
,bis fact does not give Congress the
mower to denv transpOrtatIon IN inter
State commerce To those who carry on
h,,sjness. y here the hours OF labor and The
rate Of CONDENSATION for women have
not been fixed bv a standard IN use I'D
other States and approved by congress
The grant OF power TO Congress over
the subject of Interstate commerce was
10 enable IT TO regulate such commerce
and not 10 give II authority TO control the
States IN their exercise of the pohct power
over local trade and manufacture
The grant of authority over purely
Federal matter was not intended 70 De
strov the local power always existing ana
carefully reserved to the States IN the
tenth amendment TO the Constitution
Police regulations relating TO the IN
ternaI trade and affairs OF the States have
been uniformly recognized as within such
control This said this court IN United
States Y Dewitt. 9 Wall. Al, As, has
been 50 frequently declared by tins
court results so obviously from the terms
Of the Constitution, and has been 50
fully explained and supported on former
occasions that We think IT unnecessary
to enter again upon the discussion
See Keller v nited States, 2l3 L ,.
I3S. IA. l45. l46 Cooley Constltu-
tIonal Limitations. 9TH I'd p.
In the Judgment winch established the
broad power OF Congress over interstate
commerce. Chief Justice Marshall saId -
Wheaton 203l They inspection laws
act upon the subject before It becomes an
article Of foreign commerce, or Of com
rncrcr among the States, and prepare II
for that purpose. They form a portion
of that immense mass ol legislation,
it.