Evening star., 1922-09-09
ASK COURT TO RULE
On MATERNITY LAW
Massachusetts Declares S
+ :. :: Sheppard Towner Act
:. Unconstitutional.
"USURPATI0N OF RIGHTS"
Petition Also Declares Division Of
- Cost and Funds to Be Unfair
and Unequal.

Determination or the constitutions
at1ty of the Sheppard-Towner ma
tfrnity law is sought by the state
of, Massachusetts. A petition was
filed by this state in the United States
Supreme Court yesterday, in which
permission was asked to bring an
original suit against Secretary of the
Treasury Mellon, the chief OF the
children's bureau of the Department
of Labor. the surgeon-general OF the
Public Health Service, and the COM
missioner of education, who, under
the act, constitute the. board of ma
ternity and infant hygiene.
The proceeding, as reported by the
Associated Press, was instituted p5
order of the general court of Massa-
chusetts, and would restrain those
charged with the enforcement OF the
law from carrying its provisions INTO
effect. especially by prohibiting the
expenditure of any public funds. Mas
sachusetts coutended that the act was
unconstitutional and void because 1t
would impair and violate her SOW
ereign rights and the rights of her
citizens.
Objects to Other Bills.
Congress in enacting the maternity
law "unlaWfuIy assumed a power moi
delegated to it, but reserved TO the
states - by the tenth amend
ment to the Constitution" the petit
tion stated, which explained that an
appropriation of s1,4s0.O00 had been
made for the use of the board during
the last fiscal year. and commitment
made for the use of the board during
the next five years OF at least
S1240,00e.
In order to participate in the appor-
tionment of the. funds state mush ac-
cept the provisions of the law. and sub
init plans fer carrying them out. Massa-
chusetts pointed out, adding that the
states must appropriate amounts equal
to those contributed by the federal gov
ernment Appropriations by Congress
of funds to be paid for objects which
are not national but local." the petition
designated as federal aid" which 1t
stated was believed to be an effective
means of inducing states to yield por-
ton of their sovereign rights Tor the
consideration offered" Other bills OF a
similar nature, it declared, were pend
ing or proposed, naming the Sterling.
Towner bill to create department or
education and bill to create ~ depart
ment of public welfare, ito call for the
expenditure of immense sums OF money.
Burden Declared Unequal.
The burden of providing the funds
necessary Tor the maternity bureau
land similar legislation" it added. falls
very unequally upon the different
states" the main source of the federal
revenues being internal revenue taxes,
which, Massachusetts, stated, rests heav-
lily upon her and other Industrial
states. 1t pointed out that three-fourths
Of such taxes were collected from ten
states which under the maternity act
would receive less than 35 per cent OF
the money appropriated by Congress.
'If Massachusetts should accept the
act" the petition said, the return to
it Hereunder would be less than one
half the amount collected from its
citizens, while If Massachusetts
should not accept it's citizens would
be taxed in order to carry the act into
effect in other states"
Forty states have submitted to the
children's bureau. the petition states,
detailed plans for carrying out the
provisions Of thea and the bureau
has certified thirty-two OF them as
entitled to money under the act.
Massachusetts protested that under
the act a system of government was
established between the United States
and the states accepting It, from which
Massachusetts was excluded 'Sys-
tenn which is neither the federal gov
ernment established by the Constitu-
tion nor the state governments
recognized therein, but an alien form
OF government not provided for nor
recognized by the Constitution. but
inconsistent with and contrary to its
provisions" The motion will be con-
sidered when the court reconvenes
next month.