The Elk Mountain pilot., 1922-08-03

Because many States were without adequate child
labor laws and because selfish and interests in
those States determined to exploit child labor
sufficiently powerful to prevent State legislation, it
necessary that Congress upon
subject under its admitted power to regulate com
merce between the States That congressional
absolutely necessary was demonstrated bevond question
in the hearings have referred There means
other than through the action of by which the
citizens of the States with enlightened and humane child
labor laws could themselves against the goods
turned out by cheap and underpaid child labor in the
States which had adequate protection child work.
ers For example, in 1880 the percentage of children
under 16 years of all the
States was 25 cent. In the New England States
was only IA per cent In 1890 the percentage in the
Southern States PAP cent still substantially
per cent In the New England States it had fallen to
SO cent In 1900 the percentage of the Southern
States still 25 per and in the New England
States it only 67 cent One result of this
branches of New England cotton mills South Carolina
Georgia. Alabama, and North Carolina young chill
dren could be worked with little restriction
The Industrial Commission created by the act of
June @ 1885, in its final report volume 49, 922 sad
Uniform at least similar legislation in the various
States especially desirable in the Of laws
ing child labor because in the employment of
children real economy it gives manufacturers in the
states where 1t is permitted unfair advantage
those in the States having child labor laws
The whole matter was well summed up in the testi-
of Mr.. Brnton of Philadelphia (prnted in the hear
ings before the Committee Labor Sixty-fourth Con-
gress first session, H. R. 1884, page 270 as follows:
Gentlemen of the committee from Pennsvvania 1ye
come to this hearing with HIGH homes son I've we
session at legislature met by the crv
from the manufacturers State legislation is unfair
You ask us to compete with other states of different
standards This interstate competition will our bus
ness If we must advance let advance together's
The condition which confronts today is therefore in
actual fact largely problem of competition
through interstate condition emphasized in
every chd-labor campaign in every state; condition
certain to helpless conditions of competi-
ton become constantly intense. Interstate
merce is at the root of the evil it exists today
And in the Senate Report No. $685. Sixty-fourth Con-
first session, 81, which consideration
the measure which afterwards became law, it is said
So long as there is single state which for selfish
other fails effective chdlabor epis
ation it is beyond the every state to pro-
tect effectively its producers and manufacturers
against what be considered unfair competition of
the producers and of that state or to pro-
tect its consumers against unwttngy pzrunzng those
who exploit the childhood of the coontry-
1t has been well and truthfullg aaad that childhood
Congressional legislation is zsss.lrnsFv 5ecesssrv
therefore to protect the childhood Of tire ccntry and to.
protect the manhood womanho,s At E co1ntrv and
to protect the from becoming partner wifi
the exploiters of child labor through nsfttnpv nur
chasing the tainted products of child labor
1t was sir in recognition of this situation and in
obedience to these compelling that Congress en-
acted the child labor law which have referred
Child Labor Law Constitutional
The of Congress that law is not onlv
written into the plain language Of the Constitution ITSELF
as to make it certain beyond the possibility Of
doubt that court would venture question the
ton The clause Of the Constitution of the United
which contend expressly upon the pow
sr to enact this law is found in section where it is
late commerce with foreign nations and among the
several states, and with the Indian tribes"
The power Of Congress to regulate between
the several states is therefore The Congress
precisely the to regulate and control COM
merce between the several states that it regulate
and control with foreign Before the
Congress passed the child labor law passed many
other laws the consttutionaly of which been upheld
by the Supreme court, which only regulated but
practically prohibited interstate in certain
commodities 1t had prohibited movement in interstate
commerce of lottery tickets of persons immoral pur
poses of diseased live stock aulteraed food and of
Intoxicating liquors.
In these and many other Congress had abso
lutely closed interstate persons and
commodities under its regulate commerce That
the commodities excluded in many instances not
harmful made difference
The Constitution vested in the Congress solev tbe-
right to determine the necessity proprety of
'atng even to the ront of prohibiting Transportation
OF article in interstate rule had been
so repeatedly declared in the to which have re-
ferred and Others that come to be accened
IS self-evdent proposition. this all So tena
ious of the of Congress interstate com
merce has the Federal Government always been that %
power of states to regulate engaged in
interstate commerce has been greatly hampered bv the
court and fatty denied by the Supreme court wherever II
could be made to appear that the by the state to
any extent burdened interstate commerce
In spite of the clear Constitution and
the many decisions of the Supreme court the Supreme
court of the United States, by decision in tbe
case of Hammer Dagenhart declared the law uncon
stitutiona Mr.. Justice Holmes filed strong dssenting
opinion, which concurred in by Mr. Justice McKenna
Mr. Justice Brandes by Mr. Justice Clarke Tn hs