The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-06-07


to keen children out of the mills
and mines of the country is a prob
lem that has worried national leg
islators and advocates of this in
dustrial reform for more than a
quarter of a century. Admittedly
state laws can be framed and pass
ed that will accomplish the desir-
ed end, but with 4S states to pass
such laws it is obvious that they
would not be uniform, and expert
ence has indicated that there are a
few states that will not enact any
laws whatever dealing with this
question.
Twice federal laws have been
passed that we're intended to pro-
hibit or regulate child labor. and
twice the supreme court of the
United States has nullified the work
of congress. Years ago former
Senator Albert j. Beveridge of In
diana, who has just won primary
contest for a senatorial nonlina
ton again, made a long fight for
child labor law, and in the end it
was passed 1t simply prohibited
child labor law under that provis-
ion of the constitution which en-
powers congress to regulate inter
state commerce. The supreme court
held that the act was uneonstitu-
tienal.
In 1919 another law was passed
that was intended to regulate the
employment of children under the
age Of IA in any mill, cannery,
workshop, factory or manufactur-
ing establishment, or of children
under the age of Is in any mine or
quarry. by imposing an excise tax
of 10 per cent upon the net annual
profits of those employing such
labor. The constitutionality of
this act was attacked in three cases
in North Carolina. They were car
ried to the supreme court. and in a
recent decision that august tribu-
nal again wiped child labor 1egis-
lation off the federal statutes
The opinion, which was delivered
by Chief Justice Taft, held that the
new law was not merely the taxa
ton measure which it appeared to
be, but was in fact a prohibition.
That is to say, congress by appear
ing to levy a tax was in reality
seeking to regulate OF to prevent
child labor. "A court must be blind
not to see that the so-called tax is
to stop the employment of
children within the age limits pre-
scribed.'' said Chief Justice Taft.
Tax Plan Subterfuge.
Declaring it was the duty of the
force laws dealing with subjects
not entrusted to congress. but left |
by the supreme law of the land to
the control of the states, the chief |
justice said the court must perform |
that duty ''even though it requires |
US to refuse to give effect to 1egis- !
lation designed to promote the
highest good !.
The good sought in unconstitu-
tional legislation" added Mr.. Taft, |
SIS an insidious feature because it /
leads citizens and legislators of /
good purpose to promote it without !
thought of the serious breach it |
will make in the ark of our coven- |
ant or the harm which will come |
from breaking down recognized |
standards. In the maintenance of /!
local self-government on the one ,
hand and the national power on the !
other, our country has been able
% endure and prosper for nearly
century and half"
No sooner was this decision of
he supreme court announced than
steps were taken to bring about an
to the constitution I'M
Ter which it will be possible for
congress to prohibit child labor.
of this reform will not
bandon the struggle without max
ng this final effort. If the courts
;ay that the constitution says the
ederal government cannot prevent
;hild labor, they say change the
Constitutional amendments were
necessary to bring about woman's
and the prohibition of the
liquor traffic. 1t is by no means :
IN easy task to effect change in
he organic law of the United 4
states, but once the people have
,een aroused to belief that a
:hange is needed the trick can be L