The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1923-10-30
BY LOWELL MELLETT

II I class has come to lead the con
l stantly growing opposition to
the excessive powers exercised by the
United States Supreme Court.
Free labor naturally opposed the
courts effort, in the bred Scott de-
cision, to sanctifv slave labor. Work
ers naturally opposed the courts
theory. expressed in the Legal Tender
case, that money good enough for
themselves was not good enough for
the bankers.
Men and women of small income ma
turally opposed the courts declara-
ton in the income tax case that Con
gress could not shift fairer share of
the tax, burden from their shoulders
to the shoulders of the wealthy.
But labor's opposition probably re-
suits less from such decisions as
these than from long line of deci
sions directly aimed at labor itself,
Passes Liability Act
In 1906 Congress passed a Federal
Employers Liability Act Within a
year case under this act had reached
the Supreme Court and had been
feund-5 to Unconstitutional. Con-
gress presently enacted another en-
ployers' liability act and in 1912 the
Supreme Court sustained it. 1t is I'M
possible to know how many hundreds
or thousands of men were killed or
MANNED during the intervening six
years, with no requirement for the
relief of their families.
An act had sbeen passed by Congress
in 1896 making it criminal offense
for an employer to blacklist a man be-
cause of membership in labor union.
An employee of the Louisville &
Nashville railroad was discharged be-
cause he belonged to the Order of
Locomotive Fireman. The case
reached the Supreme Court. which de
clared the act of Congress unconstitu-
tioual.
This was in 1908 just after the
same court had upheld the conviction
Of the Danbury hatters on the charge
of boycotdng, the conviction being
obtained under--of all possible stat
utes-the Sherman antitrust law!
Personal Liberty Theory
The alleged unconstitutionality of
the anti blackhsting act was based
on the theory it invaded personal lib
erty and the right of property as
guaranteed by the fifth amendment.
The opinion written for the ma.
iority of the court and the dissenting
opinions of the minority. in this case.
are interesting for the reason that
they show the judges based their
views quite as much on their ideas
Of proper public policy as upon their
Interpretation of the law and the Con
stituton They were unwilling to
leave to Congress its sole right to
express public policy
The next important case wherein
the Supreme Court nulllhed the eff
forts of Congress to meet a demand
of the people was the child labor
case. This is so recent It still echoes
in the press and TN popular discus
sion. Few acts ever have been passed
by Congress with more unanimous
support of the public than was true
OF the child labor act of 1916.
National Disgrace
The use of children in the mills
had become national disgrace 1t
kad attracted the attention of foreign
writer's:
Just think of it. wrote H. c.
Wells. The richest, greatest coun-
try the world has ever seen has over
| 200, 600 children under Is years OF
age toling in fields. factories, mines
and workshops In the
worst days of cotton-milling IN Eng
land the conditions were hardly
verse"
BY the act Of 1915, Congress pro
hlbited the II tnsportation in interstate
commerce of any product of a factory
| in which children under IA were EN-
ployed. Suit to test the act was tiled
| by the father of a child employed in
North Carolina cotton mill. lie sued
N his own behalf and as next friend
IA legal term containing certain
amount of irOny--of the child. The.
litigation, of course, was financed by
the mill owners When che case
reached the Supreme Court the father
who so needed his child,s wages was
represented by very expensive New
YORK attorneys.
Invasion States Rights
The court found the act was not
lawful exertion of Congressional au-
hority over Interstate commerce"
but was an invasion by Congress of To-
cal State rights. AS the court as
sumed to see it, Congress could pre-
vent the transportation Of immoral
women under it's control Of interstate
lcomherce but could not prevent in
iuries to American childhood,
The same forces, which after years
If effort. succeeded in having Congress
take over the protection Of children,
are now working TO obtain constitu
.ional amendment giving Congress
specific authority. They will succeed,
hut. in the meantime, the number OF
children used in industry is steadily
Increasing.