Evening star., 1921-09-07
Editorial Digest.
Constitution and Child.

VVUStltUt1OU 8UU V041Vs
In adverse decisions affecting fed
eral child labor laws Judge Boyd of
North Carolina has in the past found
himself sustained by the Supreme
Court Of the United States, but in the
opinion of the press it Is not a fore
gone conclusion that he will be SO
upheld in his latest decision respect
ing the federal tax on the products
of child labor. In the event that he is
sustained. editorial writer's generally
believe that other means will be found
for bringing children within the pro-
lection of the federal law.
| Certainly the issue is not that of
the wrong of child labor in ITSELF"
says the Boston Herald Independent
republican,. but the surest, quick
est and best way to get rid of child
! labor in the United States" Diver
| gent views are given of the taxation
method as applied to the restriction
| of child labor.
"The chief object of such a tax"
ginian Pilot independent democratic)
is not to raise revenue, but to pre-
vent the employment of children.
Calling this provision a tax does not
| make 1t so. 1t obviously represents
an effort to do indirectly what could
holdings are against such indirect
methods" "As to the right of Con-
gress to levy taxes there will be lit
tie disagreement" thinks the Hart
| ford Times (democratic), but the
issue does not lie here. 1t is whether
labor by penalizing the products of
plants that employ children. The Su-
preme Court must settle the ticklish
question OF whether the taxation law
Is constitutional. because OF its effect
upon labor within the states"
The Chicago News dndependent)
says: The power to tax. the Supreme
Court has said, is the power to de-
stroy. The same tribunal will have
to decide whether the Judiciary has
the authority to go back of legisla-
ton and ascertain the intent of Con-
gress In passing 1t to invade the al
lesed sovereign rights of the states"
The New York Tribune (republican)
agrees with the Springfield Repub-
llcan independently that Judge Boyd
appears to have ignored the power
or Congress to tax things out of ex-
| istence. Upon this broad power the
present child labor act is based. The
United States Supreme Court will
probably overrule Judge Boyd this
| time. for 1t cannot annul the present
act without bringing into serious
question the principle established in
the oleomargarine. the state bank
| note and the PHOSPHORUS match
cases."
The Johnstown Democrat (demo.
cratic) holds there is every reason to
believe the tax feature will invalidate q
the present law" and commends as
common sense" the position of the
Judge that tax as a penalty is
without constitutional justification
since such a tax is in effect license
for the proceeding the statute pre-
sumably condemns" The Boston Post
upset of the Boyd decision"
Many papers point to similar cases
where federal laws to tax evils have
been sustained as evidence that. as
the Evansville Journal independent
republican, says. there are prece-
power for police purposes that may
affect new consideration" "The
imposition of 10 per cent tax may
not-be the constitutional way to ac-
complish this purpose" the Boston
Transcript independent republican,
comedies. but that there is yet q
constitutional means of shutting the
products of child labor out of inter-
state commerce is certainly to be in
ferred from the treatment already ac-
margarine. The lives and souls of
children are surely as sacred as cow
butter
The Columbia Is. c. State (demo-
cratic) says that "the decision may
or may not be sound in law. but it
turers everywhere would as well un-
derstand that child labor in the
United States is of the past" What
ever the outcome of the present case.
the Elmira Star Gazette Nndepend-
ent) has faith that "the work of pro-
child labor will go on and some day
will triumph while the Los Angeles
Times independent republican, finds
that the fault lies in the Constitu-
tion itself and it should be amended.
II Congress cannot enact child labor
law that will pass the constitutional
test. let Congress do as it did with
prohibition and equal suffrage"
The Fort Wayne Journal Gazette
(democratic) points to the same rem
edy when it says: Now that women
have the vote a constitutional amend
ment of the kind required could be
adopted overwhelmingly, and If the
Supreme Court sustains the lower
court in this case. then to the polls in
the interest of humanity"
In the opinion of the Sioux City
Tribune independently there is no
doubt but that an amendment to the
Constitution protecting children can
secure the necessary number of rati-
flying legislatures. This done, Con-
gress should pass an enforcement act
providing a prison term. without op-
ton of fines, as penalty for conviction
of violation" 'If child labor Is
wrong" the Charleston (W. Va~) Mail
independent republican, declares.
then it ought to be prohibited. and
not taxed. Also it would appear. II
Congress cannot pass a child labor
law, it can hardly legislate in other
ways nationally on a matter which is