, 1923-06-21

reasons for the form of the constitutional amend
ment adopted:
"Inasmuch as the congress has twice considered
IL necessary and wise to enact n law for the pro-
lection Of the child life of orr nation it would
seem to be the mature and deliberate judgment of
the people that such a law would be beneficial.
We must assume that the congress considered that
IL had the power to enact such laws and thought Ii
for the welfare of the nation to exercise that pow
er. But 1nasmuch as the Supreme court of the
United States, in Hammer V. Dagenhart and Bailey
v. Drexel Furniture co. decided that the congress
under the existing Constitution did not have that
power, 1t is proposed to confer or delegate that
power by way of a proposed amendment.
First. 1t cannot be questioned but that If ia n
paramount duty of government to guard and pro-
tect the welfare OF Its children to the end that
they may have the utmost opportunity possible to
attain the maximum development of their moral
Intellectual. and physical beings. This ia mani.
testify the due Of all children since thew are
brought into the world without their yolItion o n
treiy helpless and dependent. But this is not
alone simple justice to childhood. II is also n,
the greatest Importance TO every state tho, t..
citizens should attain the highest deyelonment
above Indicated. And 1t may be observed tbot
whlie under our dual system Of government the
power and duty to make ADEQUATE provision h.
law FOR the accomplishment Of those most Desirable
ehus are now vested in the several states nevar
theiess u Is as Important to the national rnvarn.
meht as II Is to the government of everv s,o,o
that It's citizenry be afforded every opportunitv fmr
anu lluL SUGn HpNnlnn-
ment should neither be stunted nor DESTROYED
Herein there lies the Justification for the gov.
eminent OF the United States in asking OF the
states that upon it be conferred power conclIrren,
WIN thelr own to legislnte upon this matter "a
vital to both. II the states shall have p,ssad a..
propriate laws, it is safe to say that any IoaistPp
ton OF congress will march side by side vim srch
laws. If Il state has been unmindful of its dv,n
then such congressional legislation will work M
injury but rather Il positive benefit TO tba S,a,o
ltSeii as well as to the nutfopal covarrn....
Hence your committee reports in favor Of the
submission to the legislatures OF the several stntes
OF some form OF constitutional amendment confer.
ring power upon the congress to leglslate upon
the subject.
Second. What form shall that proposed amend.
ment heaff Unquestonably II should take the
form OF a grant Of power. and unquestionably the
limitations OF that power should be precisely de-
lined. Beyond peradvcnture 1t should contempIote
the future MS well us the present. Indisputably
II should be IA power concurrent with thar Of the
s'lt's' since It's purpose Is not to deprive the
states OF any OF their powers but only to confer
Nhe powers on the national government.
sun further. &, will not be questioned but thar
that power should be given to control. regulate a r
even to prohibit the use of such labor In an c,lses
Whtre the character Of the labor Is dangerous in
nselt or may become dangerous through the in
experience or heedlessuess OF childhood. where in
itself or In its surroundings II Is detrimental to
the physical or moral welfare of childhood. or
where Il Is in character too onerous for the grow
ing bodies OF youth. Equally manifest is II that
IN all occupations where child labor is permitted.
legislative authority should have n determInntive
voice as to the terms, times. conditions. and en-
vlronment Of It's use-such rs dny and night work.
reasonable hours, dangerous machinery, hygienic
conditions and the like.
; These are the fundamental considerations
which hnve controlled the action OF this commit
tee. II has given painstnking consideration 10 the
VARYING nhruseology OF the Eve concurrent reso-
lutions set forth herein above and to be found
In part ! of hearings; 1t has made extended re-
search into the legal and popular meanings of
words whose use has been and IL
has decided to submit the following as the form
OF the proposed constitutional amendment. which
It approves: