The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1922-05-26
X &&XMXXXMMM X X xxXM
X UNDER THE NATIONAL X
4 CAPITAL. by J. e. JONES X
IS ,,. "
@XKXKXXXXXxMXxxxX


Child Labor Law is Void
The good sought is unconstitution
al legislation" said Chief Justice Taft
in rendering the opinion of the United |
States Supreme Court that declared |
the child labor law void This legisla- |
ton, passd by Congress in 1919, was
intended to regulate the employment
of children in factories and work
shops, under the age of Ia. or in any
mine or quarry under the age of l6.
Undoubtedly the purpose of the law
was designed to promote the highest
good, but the Supreme Court found
that Congress in entering the fields of
the States to prescribe the mode of
life for the individual, was clearly out
side its functions, since the legislation
was within the province of the states.
In the maintenance of local self-gov-
eminent on the one hand says the
Court, "and the national power on the
other our country has been able to
endure and prosper for nearly cen
fury and half"
And would it be an nfracton of jul
idicial profoundly to add by way of
comment, that for all that nearly a
century and a half this same United
States Supreme Court has been engag-
ed in defining the points there FEEDER
al and State authorities and rights d.
vided in their pathways. Chief JUS
tice Taft writes so good an opinion
that he makes it clear that the child
labor question belongs to the States
, to decide. But one cannot but won
der why the several hundred lawyers
who regulate Congress to their own
methods Of thinking didn't know, al
!. the outset that they were creating ar
unconstitutional law.
. Altering the Fundamental Law
q When Chief Justice Taft defined
. the meaning of the constitution In thu
Q child labor law case a few days agt
he did just what every Chief justice
b before him had been obliged to do
> One might almost suspect that thl
: grand old document evolved by gu
. forefathers and fought out, and ovel
:. in the great debates at Richmond an
Concord and Boston, was "as ciea
= as mud" President Harding, in tn
8 course of message to Congress las
: December, said he belonged to "ths
o school of thought which is hesitar
about altering fffe fundamental law
p but he nevertheless suggested anotfit
. amendment to it. His recommend;
= ton has received the approval of tt
70 WAYS and Means Committee of II
p House. which in a report to Congre
r. explains that this particular amcn
1t ment proposes to "strike at an evil
our system of taxation which is a
" ready great and, if unchecked, W
D. grow to such magnitude as to eve
threaten the existence of our instit
- tons" Tax-exempt securities, the r
NJ port states, have reached total
~ from ten to twenty billions of dollar
a The practice of issuing tax-free secu
a tiles is common with municipal go
ed ernments, and they are the worst
all the offenders. The ease of inve'
ment and the relief from wor
through the holding of tax-exempt
~, curities has taken in so much idle-ric
10 money that the Withdrawals ire
ch farm loan mortgages and the pub
1t utility and manufacturing interests
tut the country, justifies the position
ar President Harding and the Ways a
1T Means Committee of the House
OF Oh pressing this proposed amendment
Nv the Constitution Secretary OF
ns Treasury Mellon says "the grows
of mass of tax-exempt securities, coup
,re with the extremely high surtax ra
ain still imposed by law, tends to Or
By persons of large income more
the more to invest in wholly exempt
IAN curities." The Secretary supports
ass proposed constitutional amendm
because the system Of exempt sec
tiles diverts investment funds fr
). the development of productive en'
Tin. prises, transportation, housing,