The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-06-10

WASHINGTON, d. c., June 10. -
How to keep children out of the mills
and mines of the country is a problem
that has worried national legislators
and advocates of this industrial re-
form for more than a quarter of 4
century. Admittedly state laws can
be framed and passed that will &C
complish the desired end, but with 4S
states to pass such laws it is obvious
that they would not be uniform and
experience has indicated that there
are a few states that will not enact
any laws whatever dealing with this
question.
Twice Federal laws have been pass
ed that were intended to prohibit or
to regulate child labor, and twice the
Supreme Court of the United States
has nuIlified the work of the Congress.
Years ago former Senator Albert ].
Beveridge, of Indiana, who has just
won a primary contest for a senatorial
nomination again, made a long fight
! for a child labor law and in the end
| it was passed. 1t simply prohibited
child labor under that provision of the
| Constitution which empowers the Con.
gress to regulate interstate commerce
The Supreme Court held that the act
was unconstitutional.
In 1919 another law was passed that
was intended to regulate the employ
ment of children under the age of Il
in any mill, cannery, workshop, fac
tory or manufacturing establishment
or of children under the age of 16 in
any mine or quarry, by imposing ar
excise tax of 10 per cent. upon the
net annual profits of those employing
such labor The constitutionality o.
this act was attacked in three case.
in North Carolina. They were carried
to the Supreme Court and in a recen
decision that august tribunal agaii
wiped child labor legislation off thu
Federal statutes.
The opinion. which was delivered
by Chief Justice Taft, held that thu
new law was not merely the taxation
measure which it appeared to be bu
was in fact a prohibition. That is Il
say, the Congress by appearing Il
levy, tax was in reality seeking t.
regulate or to prevent child labor
"A court must be blind not to see tina
the so-called tax is imposed to stol
the employment of children within tn
age limits prescribed said Chic
. Justice Taft.
Tax Plan Subterfuge
Declaring it the duty of the court Il
J decline to recognize or. enforce law
T dealing with subjects not entrusted t
= the Congress, but left by the suprem
; law of the land to the control of tn
T States, the Chief Justice said tn
court must perform that duty ''ever
though it requires us to refuse to Civ
effect to legislation designed to prl
mote the highest good"
1.-THE good sought in unconstitutlor
al legislation" added Mr.. Taft, sis a
insidious feature because it lead
!: citizens and legislators of good pu
l pose to promote it without though
of the serious breach it will make i
4 the ark of our covenant or the har1
which will come from breaking dow
recognized standards. In the maint'
: nance of local self government on tn
l one hand and the national power o
the other our country has been abl
J to endure and prosper for nearly
! century and a half"
e No sooner was this decision OF tn
Il Supreme Court announced than step
were taken TO bring about an amen'
ment TO the Constitution under whic