Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-05-19

l. ton Of child labor is not involved in the
Supreme Court decision invalidating the
provisions Of TN" revenue law lcvying tax
of 10 per cont on the net profits Of Il factory
in which children are employed.
The decision is based on the fact that the
Constitution docs not give 10 Congress any
authority over the regulation of labor
within the States. The Court insists that
Congress cannot do by indrection what 1t
has no power to do directly.
law was passed few years ago for
bidding the shipment in Interstate com
mcrre cf the product Of factories employing
children. Th" advocates Of Federal rcgulu-
tion wer" convinced that. as Congress could
regulate commerce among the States. Il could
safeguard the children by preventing the
shipment in interstate commerce of any
goods in the manufacture Of which children
had been employed.
Tho ronstitutionalty of such legislation
was denied by some of the ablcst lawyers in
Congress Will" tho hill was under c"nSidera-
tion. They cited court decisions on the
Interstate commerce clause Of tn" t"nsti-
tuition which justified congressional inter
ference when goods to y" transported were
injurious to public health or t" public
morals. bat not the right 10 exclude from
interstate commerce II mcrChantabl" and
pure commodity.
When the subject of child labor was
before Congress in 1907. II committee was
appointed 10 inquire into IT'S power. and
that committee reported that there is no
question as to the entire want of power on
tho part Of Congress TO exercise jurisdiction
and authority over the subject of woman
and child labor
Yet a few years later Congress did pass
the act excluding from interstate commerce
the product of child labor. This act was
held TO be unconstitutional by the Supreme
Court, which insisted that the making of
goods was not commerce and that Congress
had no power to attempt to regulate the
manufacture of goods under its grant OF
power to regulate interstate commerce. This
decision. however was made by Il vote of
five 10 four. Justice Holmes insisted that
Congress could pass Il child labor law.
The dissenting opinions encouraged the
advocates Of such a law to make another
attempt. this time under the taxing power of
Congress. The provision in the revenue law
putting a tax of 10 per cent on the profits
of factories employing children was the
result
There was no attempt to conceal the pur-
pose of the law. II was not intended 70
raise revenue as the tax was made so high
that it was thought il would discourage the
employment of children So effectively that
no revenue would be produced.
In defending the law before the supreme
Court the attorneys for the Government at
tempted TO establish the proposition that the
court had no right to inquire into the pur-
poses of Congress. but that it must rccog-
nize the right to levy taxes without ques-
tion Chief JuSti,p Taft lSnis scd this
contention by the obvious remark that the
court could not ignore what every one else
knew and that it must prevent Congress
from exceeding its power.
The good sought in unconstitutional
lcgislation." the Chief Justice remarked.
lis an insdious feature because it leads
citizens and legislators Of good purpose 70
promote it without thought Of the serious
breach it will make in the ark of our cove
nant or the harm which will come from
breaking down our standards.'
This decision sustaining the police power
of the States in matters not expressly dele
gated to Congress by the Constitution will
be gratifying To every ono vino has been
concerned with III" gradual and insidouS
expansion Of the powers of tn" central
government.
The United States is Il federation of sov.
erpign CONFERENCE.-The TO which are reserved
all the powers not expressly delegated to
Congress. This is forgotten by many citi
zenS. VIII" Scc through congressional action a
short cut 70 the adoption of reforms to
which they are committed. They are
anxious TO bring ABOUT the reforms that they
ignore tn" constitutional restrictions.
II ought to b" apparent to them, now that
twice within four years two child labor laws
have been declared to be unconstitutional,
the only way by which Congress can be
empowered to pass valid law is through
an amendment to the Constitution expressly
comforting ON Congress the right to regulate
the labor OF children, If this were rati-
fed nv the required number Of States. the
backward States where child labor is stin
tolerated, would have to submit to the will
Of the majority.