Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-05-17
RACK 10 FIRST PRINCIPLES.

RACK TO FIRST PRINCIPLES.
The decision ~ the Supreme Court
of tho United States. this week, de-
CHARMS unconstitutional the child
Labor law PASSED by Congress. is of
tho utmost importance. not altogether
iu respect ot the law which was neg
atlvcd. hut ot the vital principles in
Vulvcd IN the effect OF tho decision.
For 81 announces return OF judicial
sentiment. ~ expressed by tho high
est court in the land. I'm favor ~ main /
mlning that plainly expressed consu- |
tutlonal reservation TO the states of
those rights not given In express
terms 10y the Constitution TO the Fed |
,ral government. II was. In fact. a
rc,iNincation Of tho Tenth Amend |
mcnt to the Constitution. which has
been shot fun Of holes by recent de-
cislous of the supreme Court in sup
port Of Congressional cnaCtments fol-
lowing tho ratification Of the Prohi-
bition Amendment.
The Federal Child Labor law. en-
acted IVY Congress IN 1919. was in
tended Co regulate tho employment
shop. factory or manufacturing es-
tabishmeut under the age Of 10. or
in any mine or quarry under Is years.
g., imposing an excise tax 81 10 per
cont upon the not annual profits Of
those employing such labor. II was
attacked on tho ground that It at
tempted 80 regulate an exclusively
state function In violation Of tho Fed
oral Constitution and the Tenth
Amendment and was defended as a
mere excise tax. levied by Congress
under It's broad power OF taxation
'NUAtAlth ~ Nl' 'NtA ~ tett0NANH1NAss
The law was attacked by three cases
from North Cssolins. appealed by the
government. Two OF these. the Ather-
ton Mills and that by John ]. George
and others. were dismissed on tech
nicalities. hut tho case brought by
~ f-,...,fe..r, - x,.1
IN proper form and Il was in that the
law was declared invalid.
The decision o. the Supreme Court.
read by Chief Justice Taft. was unani-
nous Does this law impose a tax
with only that incidental restraint and
regulation which tax must inevi-
tably involve" the Chief Justice
asked. "or does 81 regulate by the use
Of thc>so-called tax a. a penalty? II
a tax, II is clearly an excise. II II were
an excise on n commodity or other
thing Of value, we might not be per-
lllttca uNu'i litNtb4S eeN.Stei.S "a
this court TO infer solely from its
heavy burden that the act intends a
prohibition instead Of a tax. But this
act is more"
After analyzing the principal fea'
lures Of the law and its operation, thu
Chief Justice said, in the light o
these features OF the act. a court mus
be blind not 10 see that the so-calleC
tax Is imposed 10 stop the employment
Of children within the age limits pre-
scribed.
It's prohibitory and regulatory eff
feet and purpose are palpable." h
added. "An others can see and under
stand this. How can we properly shu
our minds 10 it7"
Declaring It is the duty Of the cour
20 decline TO recognize or enforce law
Of Congress dealing with subjects no
entrusted 20 Congress but left by IN
supreme law OF the land to the con
troll Of the States. the Chief Justic
said the court must perform that dut
even though II require us TO refus
10 give effect TO legislation designe
&c promote the highest good"
The good sought in unconstitu
tional legislation" he added. lis a
insidious feature because Il leads cit
Gems and legislators OF good purpos
10 promote it without thought Of II
serious breach II will make in the ar
Of our covenant Of the harm whic
win come from breaking down re,
ognized standards.
Grant the validity Of this law an
all that Congress would need to {
hereafter. In seeking TO take over
Its control any OF the great number
subjects Of public interest. jurisdlctis
OF which the STAGES have never part
with and which are reserved 10 the
~ the Tenth Amendment. would
r