Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-05-22
Truth Crushed TO Earth"

D Official philosophers OF That ancient
school that believed or still believe in
State sovereignty must take large meas
ure OF comfort from the decision OF the
United States Supreme Court in the child
labor case. In that decision the couf. recog-
hlzes the existence OF the right OF States TO
deal with their domestic affairs, right so
long obscured or denied by Federal agen-
cies-from Presidents and Congresses down
10 prohibition enforcement raiders-that it
seemed to be futile to invoke that right
Ill any case or under any provocation.
1t may be unfortunate in sense that
the States right issue should be raised in
order TO accomplish the defeat OF legsla-
uon so meritorious in its general bearing
but the principle involved in the enactment
now declared invalid Is Of infinitely more
importance to the nation at large than the
enactment itself. Congress in it's enthu.
sasm over child labor legislation had lit
orally run amuck. That body having failed
to accomplish its end by seeking TO bar
the products of child labor from interstate
commerce, had --dertaken to tax such
products out of existence
The taxing power Of the Federal govern
ment is broad, as the Supreme Court points
out. but that power may not be applied for
the obvious purpose Of Furnishing State
or the employer of child labor. Taxation
may be levied only for the purpose of rails
ing revenue and when II is used as punt
tive measure or as a prohibitive measure
II becomes tyranny
AS the court points out, Congress may
not be given unbridled powers of taxation
without giving that body unchalenged con-
ttol or any matter whether such a matter
be constitutionally within the jurisdiction
OF a State or even municipality. ITO give
IN l,n
holds, would be TO break down all con-
stitutional limitations of tho powers of Con
, gress and completely wipe out the SOW
ereignty of States"
1t is now assumed that this latest de-
cision OF the Supreme Court brings to an
end all further effort on the part of Con-
! Eress TO regulate child labor within the
States. Years ago that body sought to deal
with this question by barring the products
or the labor of children from interstate
commerce This legislation was challenged
IN the courts and eventually was outlawed
by the court on the ground that the con-
gressional right TO regulate commerce be-
tween the States had been overreached
thereafter the same end was sought bv
the exercise Of the taxing power. pro-
hlDltive levy being placed upon the OUTPUT
OIL mills employing child labor BY sim
guar circumstance this enactment was an
pealed from before the same Federal iudye
In the Western District of North Carolina
who heard the original appeal Judge BOYD
In both instances found the law 10 be in
valid and in both instances he has been sus
tanned by the highest authority
som" legislators now believe that the
general welfare" clause OF the Constitu-
'ion may be invoked in further move to
Strike at child labor, but it is doubtful if
the courts Will support such a proposition
Inc safer course for such campaigners 70
TAKE would he an appeal To State Ioeis,a-
lures lew OF which have refused to give
SSmpaihetIc hearing 10 antchd labor
measures