The Topeka state journal., 1922-06-17
CHILD LABOR


ish child labor thruout the country
having failed constitutional amend
ment has been suggested in the Amer-
lean Federation OF Labor convention
as a means of accomplishing the pur-
pose so generally desired. President
Harding is said to favor the plan.
Amending the federal constitution is
a long and tedious process Any
amendment must go to the states for
ratification.
States which could be depended up
on to ratify the amendment. can aboI-
ish child labor without an amend
ment Kansas has done II quite ef-
fectively. An intensive campaign IN
the benighted states might accomplish
what is desired more quickly than it
could be done thru an attempt to
amend the federal constitution. The
people OF this country generally can
be depended upon to vote right when
made thoroly conversant with the is
sue.
In 1916 congress enacted a law
prohibiting the transportation in in
terstate commerce of manufactured
goods if, within thirty days prior to
their removal from the factory, chill
dren between the ages Of fourteen and
been employed in the factory. or chill
dren between the ages of fourteen and
sixteen had been employed more than
eight hours in any day or more than
six days in any week, or after the hour
of p. m. or before 8 a. m.
In 1913 the supreme court held this
law unconstitutional as an interfer-
ence with the rights of the states and
the people, reserved to them by the
Tenth amendment
In 1919 congress tried again to
reach the evil OF child labor by the
enactment of a law leyying a tax Of
one-tenth of the net profits OF a manu-
facturer who knowingly employed,
during any portion of a taxable year,
a child under the age of fourteen or
a child between the ages OF fourteen
and sixteen for more than eight hours
in any day or more than six days in
any week or after p. m. or before S
a m. The Drexe1 Furniture company
with its factory in North Carolina was
assessed $6s12.79 and compelled 20
pay the same for the violation of this
act It brought suit to recover. The
collector of internal revenue demurred
to the complaint of the company ana
the district court ove-ruled the de-
murrer and ordered the tax returned
to the company.
On appeal to the supreme court OF
the United States. the duty of the
court under these circumstances. and
the consequences OF permitting-con-
gress to weaken the structure of our
government in the pursuit of a worthy
purpose, were discussed by the court
as follows:
1t is the high duty and function of
this court in cases regularly brought
to its bar to decline to recognize or
enforce seeming laws Of congress.
dealing with subjects not entrusted to
congress, but left or committed by the
supreme law OF the land to the con-
troi or the states We can not avoid
the duty even tho it require us to
refuse to give effect to legislation de-
signed to prom ote the highest good
The good sought in unconstitutional
iegisation is an insidious feature be-
cause 1t leads citizens and legislators
OF good purpose to promote il with
cut thought of the serious breach it will
make in the ark Of our covenant or
the harm which viii come from break
ing down recognized standards In
the maintenance of local self govern
ment, on the one hand, and the ma
tional power on the other our country
has been able to endure and prosper
Tor nearly century and n half
out OF a proper respect for the acts
OF coordinate branch of the govern
ment this court has gone far to sus-
tain taxing acts as such, even tho
there has been ground for suspecting
from the weight of the tax, II was in
tended to destroy its subject. But in
the act before US, the presumption of
validity cannot prevail. BECAUSE the
proof OF the contrary is found on the
very face Of Its provisions. Grant the
validity of this law. and all that con-
gress would need to do. hereafter. in
seeking to take over to its control any
one of the great number of subjects
OF public interest. Jurisdiction of which
the states have never parted with and
which are reserved to them by the
Tenth amendment, would be to enact
a detailed measure OF complete regu-
lation Of the subject and enforce 1t by
a so-called tax upon departures from
It. To give such magic to the word
tax" would be to break down all con-
stitutional Limitation of the powers of
congress and completely wipe out the
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