The labor journal. [volume] (Everett, Wash.) 1909-1976, 1922-07-07

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That they demanded it that congress
enacted it in response to enlightened
public opinion, is certain.
When | first came to the senate
in 1906 the evil of child labor in the
United States was the foremost sub
iect of interest and discussion in con
gress and in the country.
Not until ten years later, however
was the child labor act passed. Bu
when the vote on the bill was finally
taken there were 337 to AS in favor
in the house and 81 to II in the
senate.
Back of this vote was the enormou.
pressure of public opinion, a tremen-
dous expenditure of energy and eff
fort. In addition to the mighty pow
er of the American Federation of La
Dor and labor organizations general
ly, the womens organizations of the
country had worked increasingly
unitedly, distinterestedly. The WON.
ems clubs, the Consumers League
the Women's Trade Union League
the Federal Children's Bureau were
powerful factors in securing the en-
actment of the Child Labor Law.
Any discussion of this subject must
take into consideration the immense
setback to human progress which
naturally follows the annulment OF
the Child Labor Law. 1t is a great
task to overcome the loss of enthu-
siasm, the disappointment and dis
enlargement on the part of those
who have given years Of service to a
cause when tits defeated. The people
are made to feel helpless and hope
less. Their government appears to
be an autocracy instead of a democ-
racy.
The decision of the supreme court
has set aside and nullified that law.
The question is, what are we going
to do about it. In order to answer
that question it is necessary to recall
the leading facts in the struggle be-
tween the people and the Federal
courts on the subject of child labor
legislation.
The congress first passed a law
upon this subject in September, 1916
&c. 1872, 80, stat. 875). That law
prohibited transportation in inter-
state commerce of goods made at a
factory in which children under the
age of Ia years were employed or
permitted to work, or children be-
tween the ages of IA and 16 were en-
ployed or permitted to work more
than eight hours day or more than
6 days in a week or after p. m. or
before a. m. Certainly there was
most moderate regulation and at
forded the minimum of protection to
young children employed in industry.
This law was passed by congress in
response to an insistant public de-
mand. The old idea that it was de-
sirable or even commendable to en-
ploy young children in eXhaustmg
labor in factories, mines and shops
had given way to the more human
and intelligent view that such labor
was not only a crime against child
hood, but that it degraded adult la
Dor as we'll and was a menace to the
nation. This more enlightened view
had been accepted by the people of
the country generally. except posi-
bly, certain Federal Judges. and pow
erful but selfish manufacturers in a
few states who were able to defeat
child labor legislation in those states.
The hearings before the congress
upon this measure were extended and
most exhaustive. 1t was shown at
these hearings that the morality of
children in industry was many times
greater than among children of the
same age not similarly employed
For example, in the House Report
No. 46, 64th Congress, LIST session,
page 222, it was pointed out that
mortality from tuberculosis among
the most youthful children employed
in certain cotton mills was four times
as great as among children of like
age not SO employed, and that of
the older children the mortality from
tuberculosis was two and one-half
times greater than children of the
same age and environment not so
employed.
In the Senate Report No. 1868, Gath
Congress, 1st session, at page IL,
it is said:
The evidence is overwhelming that
unregulated child labor does not pro-
mote a healthy citizenship; that it
tends to the deterioration of the race
physically; and the dwarfing of the
children mentally through the denial
of a full opportunity for education;
and to criminally since the statistics
of our juvenile court show that by
the largest percentage of juvenile de-
linquents are the children who were
put to work too soon, rather than the
children who are trained in the
schools"
The medical evidence was to the
same effect and showed that the
young child worker became dwarfted
in body and mind. that the state was
deprived thereby of vigorous citizen
ship and the child lost his birthright
to share in the opportunities given
to his fellows. and child labor was
denounced as "child slavery"
Wherever enlightened state courts
have had occasion to deal with this
subject, the evidence has all been to
the same effect. In the case of the
Inland Steel Company VS.. 4edinak,
unfolding the constitutionality of the
Indiana Child Labor Law, the court
said:
1.-THE employment of children of
tender years in mills and factories
not only endangers their lives and
limbs, but hinders and dwarfs their
growth and development physically
mentally and morally. The state is
vitality interested in its own preser-
walton. and, looking to that end, must
safeguard and protect the lives, per-
sons, health and morals of its future
citizens"
Because many states were without
adequate child labor laws and be-
cause certain selfish and powerful in
terests in these states, which desired
to exploit child labor. were suffic-
iently powerful to prevent state leg
islation, it became necessary that
congress should take action upon this
subject under it's admitted power to
regulate commerce between the
states. That congressional action was
absolutely necessary was demonstrat-
ed beyond question at the hearings /
have referred to. There was no