, 1923-06-21

The congress shall have power concurrent
with that of the several states to limit or prohibit
labor of persons under the age OF eighteen years
"a few words may be pertinent here to explain
the reasons which influenced the committee In
the adoption of the particular form Of verbiage In
which the resolution is cast.
"The use of the words power 'concurred.
speaks for itself. The amendment Is not designed
to deprive the states of any Of their police powers
but only to have them confer on the national gov
eminent the right to exercise similar powers. That
in so doing they will not deprive themselves OF
any of their own powers may be taken as con-
cluslvely adjudicated by the Supreme court Of the
United States in the case of United States ".
Lansa, decided December II, 1922.
at seemed wise to adopt the word labor in
lien of the word employment The former word
expresses precisely the matter of the proposed
amendment. 1t Is the use of the labor rather than
the matter of its employment which is Of direct
concern, and to state it thus avoids all possibility
Of the ~shuHllngs and evasions which might follow
the adoption of the latter word.
IAN age limit Is declared. 1t unquestionably
would have been simpler to have provided for the
regulation and prohibition of the labor OF chill
dren and to have stopped there. But your com
mittee became convinced that In asking for this
II might fail utterly, A marked difference OF opin.
ion was developed at the hearings before the sub
committee. II being argued on the one hand that
after eighteen years Of age. girls and boys had
passed the period of dependency and were physl-
cally and mentally capable Of Tending for them
selves. SO that the power to protect them which
was sought by the amendment could safely be lin
tied to the Indicated age; while, on the other hand.
It was argued that many cases and classes merited
protection after the age fixed, md that as the
states police power embraced the protection OF
its children during the period OF their homage and
up 10 the instant of their majorltles It was reason
able to ask that identical police power be CON
ferrcd on the national government.
"Reason is found In both points OF View. But
your committee finally concluded to insert the
elghteen-year limitation because such limitation
would certainly embrace the vast majority OF cnses
calling for protection and remedial Legislation.
while the exceptional cases calling for legislation
after that age might arise In one state and NOT
in another. and therefore might safely be left 10
the wisdom of each state. And, finally, I'm CON
temptation of the opposition which almost certain.
~ would arise should the word child be used
and having In mind the common-lnw definition 90
the word child and the many declsiups OF courts
Ms to the legal meaning Of that word. II was
thought expedient TO ask for that which vouIs
accomplish the greatest good while being sub.
ject to the least opposition. In order 10 remove
all doubt Ms 10 the power 10 be delegated. IL wns
thought wise TO use The word persons"
A conference Of progressive governors OF ho,b
parties Is TO be held this summer 10 agree an
certain amendments 10 the Constitution. .Ra.
%striction OF Child Labor" is one subject certain TO
be considered.