South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-17
CURLING CONGRESS.

The child labor law is dead. Those who wish 70
capitalize the health the strength the future OF the
coming generation are free TO DO without fear
os losing any Of their profits.
The supreme court. which nulhes this law. has
also introduced into law precedent that will DO
much to Bring adherents to those who have raised
The slogan OF Back 10 the Constitution.
IN reaching its decision, this high court for the
first time has inquired into the motives Of Congress
in levying tax and has taken 70 itself the power
OF saying for what purpose and with what thought
the peoples representatives may pass laws for rails
ing OF funds
The child labor law was passed in 1919. 1t pro-
vlded OF 10 per cent the profits OF those
who used the labor OF children.
The first effect OF the law reduce by 40
per cent the number OF children whose futures are
rnortsaged by their employment in southern fac
tories in the mines and IN the canning institu-
tons The owners OF these enterprises found 1t
perfectly feasible conduct their business without
the use Of children
But some o the employers protested and carried
the case to tho highest court which now declares
that the law IS an invasion rights employ
the little ones fc- their own profits.
To reach this decision. which viii back the
nliteraie children Of the nterate factory workers
OF the south to their lives of toll and to sentences
10 ignorance the court asserted its right inquire
into he which congress had in levying this
tax
Il vas forced to attribute TO congress an Interior
motive fixing the and therefore declared the
law void and vain.
The result in this particular case Is bad enough.
for IN all likelihood the factories will again beckon
to those who should in school and desperate
parents. eager for their earnings, will consent to
their capitalization.
But more serious than the immediate result Is the
fact that body Of the takes to itself
the powers given TO another Of equal dignity
II congress had an Interior motive IN this case.
the appeal was not TO courts 20 the people VINO
sent these Washington to make laws
1t IS not contended that congress has not the sole
right to levy taxes. It Is not contended that this
law would have been void had II been levied for
the purpose OF raising funds TO buy more battle
ships or TO spend upon a larger standing army. No
search motive would been made had It
appeared that the tax was a revenue raising meas
ure 1urely simply
But because 1t appears that this law intend
ed TO curb the greed Of those who wish EXPLOIT
the children. it becomes imperative
The government might we'll have answered that
snoh percentage of profit from the child crush
ing employers would pay but small percentage
Of the damage done to the future defenders OF
the Tag
II might have pointed to the fact that children
sent early to factories become very often a LA
bility rather than an asset to the government in
times war in peace often become public
charges.
But that defense was not made and the precedent
stands What win that court say when It comes
10 pass upon the sales tax PROVISION of the bonus
bill? VIII the court then attribute an Interior
motive?