Perth Amboy evening news., 1922-07-18
CHILD LABOR LEGISLATION
is SERIOUS PROBLEM
Daily Letter by Frederic j. Haskin

WASHINGTON, July 15.-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 a
century. Admittedly state laws can
be framed and passed hat will ac-
complish the desired end, but with
forty-eight states to pass such lrWs
it is obvious hat they would not be
uniform and experience has indica-
ted that there are a few states that
will not enact any laws Whatever
dealing with this question.
Twice federal laws have been pass
&C that were intended to prohibit
or to regulate child labor, and twice
the Supreme Court of the United
States has nulliied the work of the
congress. Years ago former Senator
Albert j. Beverage, 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 congress to regulate
interstate mmerce The Supreme
Court held that the act was uncon-
stitutional.
In 1919 another law was passed
that was intended to regulate the
employment of children under the
age of fourteen in any mill, can
merry, workshop, factory or manufac-
turing establishment, or of children
under the age of sixteen in any
mine or quarry, by imposing an ex-
else tax of 10 per cent. upon the net
annual profits of those employing
such labor. The constitutionality of
this act was attacked in three cases
in North Carolina. They were car
ried to the Supreme Court and in Il
recent decision that august tribunal
again wiped child labor legislation
off the federal statutes.
The opinion, which was delivered
by Chief Justice Taft. held that the
new law was not merely the taxation
measure which it appeared to be but
was in fact a prohibition. That is
to say, the congress by appearing to
levy a tax was in reality seeking to
regulate or to prevent child labor.
"A court must be blind not to see
that the so-called tax is imposed to
stop the employment of children
within the age limits prescribed"
said Chief Justice Taft.
Tax Plan Subtcrfuge
Declaring it the duty of the court
to decline to recognize or enforce
laws dealing with subjects not en-
trusted to the congress, but left by
the supreme law OF the land to the
control of the states, the Chief JUS
tice said the court must perform that
duty lever though it require us to
refuse to give effect to legislation
designed to promote the highest
good
VI. -.Nl .1,,rI+ - t,aaoEtftIt
tional legislation" added Mr.. Taft,
lis an insidious feature because it
leads citizens and legislators of good
purpo to promote it withoSt
thought of the serious breach it will
make in the ark of our covenant or
the harm which will come from
breaking down recognized standards.
In the maintenance of local self
government on the one hand n the
national power on the other u
country has been able to endure and
prosper for nearly a century and a
half"
No sooner was this decision of the
Supreme Court announced than
steps were taken to bring about an
amendment of the constitution under
which it will be possible for the con-
gress to prohibit child labor. AdVo-
Gates of this reform will not aban-
don the struggle without making this
final effort. If the courts say that
the constitution says the federal gov
eminent cannot prevent child labor.
they say change the constitution
Constitutional amendments were
necessary to bring about woman's
suffrage and the prohibition of the
LIQUOR traffic. 1t is by no means an
easy task TO effect a change in the
organic law of the United States, but
once the people have been aroused
to a belief hat a change is needed
the trick can be turned. Amend
ments of the constitution are pro-
posed in joint resolutions when
must receive a tw~o-thirds vote In
both the House and senate, a quo
rum being present in each body, and
must then be ratified by the legis-
latures of three-fourths of the states.
Necessarily this takes a consider
able period of time even when there
is little or no opposition to the de-
sired constitutional change, and
those who hope to see child labor
abolished are impatient of delay. The
required resolutions have been intro
duced and their speedy consideration
will be urged. Meanwhile. an effort
will be made to attain the desired
end by a short cut, and there are