The Dolores star. [volume] (Dolores, Montezuma County, Colo.) 1901-current, 1923-07-06

= %4Sf3sf ifornia from the committee on the
yuotc1ary. submitted report senate joint reso-
luup19 10, 224. 232, 256 and 2G2. proposing an
49, ameqdment to the Constitution comforting on con-
RFqoA pewer to legisate in respect to child labor
Nvee of submitting to the legislatures Of the
ssvesAl sfates the following proposed amendment
70 - SUBSTITUTION
Resolved by the senate and house of renre-
sesaflfW of the United States of America in con-
- e4pembled (two-thirds Of each house concur.
i IL uEedn) That the following article is pro-
- IN amendment to the Constitution Of the
V11rpo Heates, which when ratified by the legisla-
sufeq a. threefourths of the several states shall
- Wild TO all intents and purposes as a part of
4 - Oons&1tution:
Ax0a9 The congress shall have power, con-
,eu1zsnt With that Of the several states to limit
- prnhibit the labor of persons under the age Of
eslgAtpan years."
nppears that the several senate joint resolu-
d ueoe WpS referred to subcommittee consisting
g ee1eeers Shortridge. Colt Of Rhode Island and
Is WeN4f& Montana Their conclusions and recon-
= meaa4deps are made part of the report.
:, 1eweral joint resolutions introduced by
~ NM0Ning senator's: 200. Senator johnson Of
CrA0seu19; 224. Senator Townsend of Michigan:
4, Mn4tor Mccormick of Illinois; 256 Senator
10Q143A Massachusetts; 262 Senator Walsh Of
.4o4% There Is the same basic Idea in all
~ I'M recommended by the committee, with
nj Ption of that of Senator Walsh which
9wo elare the power of congress to regulate
M Z5 among the several states to embrace the
4ppN1 prohibit transportation In Interstate
of commodities being the products Of
Enny Dyer of child labor.
M<5Pe remembered that the act of September.
. 1yl4 ertook to prohibit child labor by prohib-
itln9 transportation in Interstate commerce of
9oQQ4f4nde in factories where child labor was
n uae63h&Me Supreme court held this unconsu-
n tne1 because 1t exceeds the constitutional
ttnge1rx S4 congress. Mr. Justice Day delivered the
optN1NNAR the court and used the following lam
Z guaiSs
eH view the necessary effect of this act
- nyTWYdns of prohibition against the move
menf ~ INTERSTATE commerce of ordinary CONNER
sal cpn9Aodties, to regulate the hours Of labor of
cnuQr94m factories and mines within the states
/ a pQTe{y state authority. Thus the act In two
R1Q A1414 is repugnant to the Constitution. 1t not
my u1rscends the authority delegated to con-
49, 4yE commerce, but also exerts power as
s9Wy4y<y local matter to which the federal nu-
2 0WAVSlpes not extend. The far-reachng result
b 011pN41qlng the act cannot be more plainly In
49, Ian by pointing out that If congress can
RNEUla te matters entrusted to local authority
QxsI ltion of the movement of commodities in
~ commerce. all freedom Of commerce will
~ ind and the power of the states over To-
&@{Q - may be eliminated, and thus our sys-
- vernment be practically destroyed"
#E&4I& of Feb. "a 1919 undertook to prohibit
5Syl pr by imposing tax of 10 per cent Of
A. pitts OF the year upon an employer using
The Supreme court held 1t unconsti-
the ground that ut is not valid ex-
Congress of its powers of taxation under
ates Constitution, Article l, Section y,
IN unconstitutional regulation by the use
II called tax penalty Of the employ
Y M child labor in the states, which. under
ates Constitution. tenth amendment, is
state function"
1S Ort of the committee contains the fol-
position of the necessity for protecting
4 fe of the nation and explanation of the