Arizona republican., 1922-06-21
BY Frederic J. Haskin


WASHINGTON, d. C. June s.
How to keep children out of the
mills and mines of the country is a
problem that has worried national
legislators and advocates of this in
dustrial reform for more than a
quarter of a century. Admittedly
state laws can be framed and passed
that will accomplish the desired end,
but with As states to pass such laws
it is obvious that they could not be
uniform and experience 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 were intended to prohibit
or to regulate child labor. and twice
the supreme court of the United
States has nullified the work of the
congress. Years ago former Senator
Albert j. Beveridge, of Indiana, who
has just Won a primary contest for
a senatorial nomination again, made
a long fight for a child labor under
that provision of the constitution
which empowers the Congress to reg
ulate interstate commerce. The su-
preme court held that the act was
unconstitutional.
In 1919 another law was passed
that was intended to regulate the
employment of children under the
age of IA in any mill, cannery, work
shop. factory or manufacturing es-
tablishment, or of children under the
age of 16 in any mine or quarry. by
imposing an excise tax of 10 per cent
- ~f tlAG
employing such labor. The consti-
tutionality of this act was attacked
in three cases in North Carolina.
They were carried to the supreme
court and in a recent decision that
august tribunal again wiped child
labor legislation off the federal
statues.
The opinion, which was delivered
by Chief Justice Taft, held that the
new law was not merely the taxation
measure which it appeared to be but
was in fact prohibition. That is to
say. the congress by appearing to
levy tax was in reality seeking to
regulate or to prevent child labor
"A court must be blind not to see that
the so-called tax is imposed to stop
the employment of children within
the age limits prescribed said Chief
Justice Taft
Tax Plan a Subterfuge
Declaring it is the duty of the court
to decline to recognize or enforce
laws dealing with subjects not en-
trusted to the congress, but left the
supreme law of the land to the con-
troll of the states, the chief justice
said the court must perform that
duty "even though ii require US to re-
fuse to give effect TO legislation de-
signed to promote the highest good. =
The good sought in unconstitu-
tional legislation" added Mr.. Taft.
lis 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 covenant 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 to endure and
prosper for nearly century and
half
No sooner was this decision of the
supreme court announced than steps
We're taken to bring about an amend
ment of the constitution under which
it will be possible for the congress to
pEUIiDlL Culld laDOT. AQNOCdleS VI
this reform will not abandon the
struggle without making this final
effort. If the courts say that the
constitution says the federal govern
ment cannot prevent child labor, they
say change the constitution"
Constitutional amendments were
necessary to bring about woman
suffrage and the prohibition of the
liquor traffic. 1t is by no means an
easy task to effect a change in the
organic law of the United states. but
once the people have been aroused
to belief that change is needed
the trick can be turned. Amendments
of the constitution are proposed IN
joint resolutions which must receive
two-thirds vote in both the house
and senate, a quorum being present
in each body. and must then be ratl-
fled by the legislatures of three
fourths of the states.
Necessarily this takes a consider
able period of time even when there
is little or no opposition to the de-
sired constitutional change, and those
who hope to see child labor abolished
are impatient of delay. The required
resolutions have been introduced ano
their speedy consideration will be
urged Meanwhile, an effort will be
made to attain the desired end by q
short cut. and there are those who
believe that it is still possible to
frame a federal child labor law that