Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-09-09
PRESIDENTS WIFE IN !
CRITICAL CONDITION !
RECOVERY IN DOUBT
BAY STATE MOVES
END EXISTENCE OF
US. MATERNITY LAW

us. MATERNITY LAW
Washington, Sept. Shy A. P.)-
] The constitutionality of the Shep-
pard- Towner maternity law was at
tackled today by the State Of Massa :
chusetts in a petition filed in the su-
preme court of the United States
asking permission to bring an origin
al 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. This is
the first attack before the court on
the constitutionality of the measure.
The proceeding was instituted by
order of the general court of Mass
achusetts and would restrain those
charged with the enforcement of the
law from carrying its provisions into
effect, especially by prohibiting the
expenditures of any public funds.
Massachusetts commended that the act
was unconstitutional and void be-
cause it would impair and violate her
sovereign rights and the rights of her
citizens.
| Congress in enactng the maternity
law, "unlawfully assumed power
not delegated to it, but reserved to
the states by the tenth
amendment to the constitution" the
petition states, which explained that
an appropriation of s1.4S0.O00 had
been made for the use of the board
during the last fiscal year, and COM
mitment made for the use by the
board during the next five years of at
least $1,240,000.
In order to participate in the APP
must accept the provisions of the law
and submit plans for carrying them
out, Massachusetts pointed out, ad-
ding that the states must appropriate
amounts equal to those contributed
| by the federal government. Appro-
prations by congress of funds to be
paid for objects which are not ma
tional, but local." the petition desig-
mated as federal aid" which it stat
, ed was believed to be an effective
means of inducing states to yield a
portion of their sovereignty rights
for the consideration offered
I Other bills of similar nature, it
declared. were pending or proposed,
naming the Sterling Towner bill to
create department of education and
bill to create appropriations to call
for immense of money.
UNLESS checked by the court" the
petition asserted, ION the grounds of
unconstitutonality no limit can be
forseen to the amounts which may
thus be expended for matters of
local concern, by statutes providing
for the establishment of large federal
bureaus with many officers for the
performance of duties which are en-
tirely beyond any authorities con-
ferred upon the United States ty the
constitution"
The burden of providing the funds
necessary for the maternity bureau
"and similar legislation" it added.
falls very unequaly upon the differ
federal revenues. being internal rev.
enue taxes. which, Massachusetts, stat
cd rests heavily upon her and other
industrial states. 1t pointed out that
| three fourths Of such taxes were col
lcctcd from 10 states. which under the
maternity act would receive less than
So 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 cit
liens. while if Massachusetts, should
not accept its citizens would be taxed
in. order to carry the act into effect in
other states"
The maternity act is referred to as
IAN usurpation Of power not granted
Congress" and as IAN attempted exer-
else Of the power Of local selfgoN crn-
ment reserved to the states"
/ Congress has not the power. the pc
tition stated. ito appropriate to the
use of the states according to any
method OF apportionment revenues
raised from the people Of the United
States for national purposes" and
especially "it has not the power tc
appropriate such revenues to those
states, alone which appro.
pirate equal amounts and attempt to
yield the sovereign rights of those
states" Only a constitutional amend
ment would be effective in transfer
ring to congress powers reserved to
the states"
Forty states have submitted TO the
children's bureau. the petition stated
detailed plans for carrying out the
-