The Holly chieftain., 1923-06-21

Juuiclary, submitted report senate Joint
buttons 200, 224, 232, 256 and 262 proposing an
amendment to the Constitution comforting on con-
grass power to legislate In respect to child labor
IN favor Of submitting to the legislatures of the
several states the following proposed amendment
to the Constitution sH
RESOLVED by the senate and house Of repre-
sentatves of the United States of America In con-
gress assembled (twothirds Of each house concur
ring therein) That the following article Is pro-
posed as an amendment to the Constitution of the
United States which when ratified by the legisla-
lures OF threefourths of the several states shall
be valid to all ntents and purposes as part Of
the Constitution:
article. The congress shall have power, con-
current with that Of the several states, to limit
or prohibit the labor of persons under the age Of
eighteen years"
1t appears that the several senate Joint resolu
tions were referred to subcommittee consisting
OF Senators Shortridge Colt Of Rhode Island and
Walsh Of Montana. Their conclusions and recon-
mendations are made part of the report
The several Joint resolutions were introduced by
the following senator's 200 Senator Johnson of
California; 224, Senator Townsend of Michigan;
232, Senator Mccormick of Illinois; 256 Senator
Lodge of Massachusetts; 262, Senator Walsh Of
Montana, There is the same basic idea In all ms
In the form recommended by the committee wth
the exception of that OF Senator Walsh which
would declare the power of congress to regulate
commerce among the several states to embrace the
power to prohibit transportation In interstate
commerce OF commodities being the products OF
any employer Of child labor.
1t will be remembered that the act of September
.19IG. undertook to prohibit child labor by prohib
itihg transportation in Interstate commerce of
goods made in factories where CHI Id labor was
used. The Supreme court held this act unconst
tutional because 1t exceeds.the constitutional au-
tority of congress. Mr. Justice Day delivered the
opinion of the court and used the following Ian
guage:
'In our view the necessary effect of this net
Is. by means Of prohibition against the move
ment in Interstate commerce of ordinary CONNER
clal commodities to regulate the hours of labor of
children In factories and mines within the states
n purely state authority. Thus the act in two
fold sense is repugnant to the Constitution 1t not
only ltranscends the authority delegated to CON
Sress over commerce. but also exerts a power as
to n purely local matter to which the federal
thorlty does not extend. The far-reachng result
of upholdng the act cannot be more plainly In
iicated than by pointing out that II congress can
thus regulate matters entrusted to local authority
by prohibition Of the movement of commodities In
Interstate commerce, all freedom Of commerce will
be at an end and the power OF the states over 10.
cal mntters may be eliminated, and thus our sys
TEN of government be practically destroyed"
The act Of Feb. "a 1919, undertook to prohibit
child labor by imposing tax of 10 per cent of
the net profits Of the year upon an employer using
child labor. The Supreme court held It unconst
tutionai on the ground that "it is not valid ex
ercise by congress Of Its powers OF taxation under
United States Constitution, Article l. Section 8.
but is an unconstitutional regulation by the use
of the so-called tax as penalty Of the employ
ment Of child labor in the states, which. under
United States Constitution. tenth amendment. Is
exclusively state function"
The report OF the committee contains the fol
lowing exposition of the Necessity for protecting
the child life Of the nation and explanation Of the