Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1923-06-21

reasons for the form of the constitutional amend
ment adopted:
"Inasmuch as the congress has twice considered
1t necessary and wise to enact law for the pro-
lection of the child life of nation it would
seem to be the mature and deliberate judgment of
the people that such law would be beneficial.
We must assume that the congress considered that
1t had the power to enact such laws and thought it
for the welfare of the nation exercise that pow
But inasmuch 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, it is proposed to confer or delegate that
power by way of proposed amendment.
First. It cannot be questioned but that ii is
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 is mani
testify the due of all children since they are
brought into the world without their Volition en-
tirely helpless and dependent. But this is not
alone simple justice to childhood. 1t is also of
the greatest Importance to every state that it's
citizens should attain the highest DEVELOPMENT
above Indicated. And it may be observed that
while under dual system of government the
power and duty to make adequate provision by
law for the accomplishment of those most desirable
ends are now vested in the several states, never
theless it is important to the national govern
ment it is to the government of every state
that its citzenry be afforded every opportunity for
legitimate development, and that such develop
ment should neither be stunted nor destroyed.
therein there lies the justification for the gov
eminent of 'the United States in asking of the
states that upon it be conferred power concurrent
with their to legisate upon this matter so
vital to BOTH If the states shall have passed ap-
prOprate laws it is safe to say that any legisIa-
ton of congress will march side by side with such
laws. If a state has been unmindful of it's duty
49, til
injury but rather a positive benefit to the state
itself as well as to the national government.
"Hence your committee reports in favor of the
submission to the legislatures Of the several states
of some form of constitutional amendment confer
ring power upon the congress to legislate upon
the subject
Second What form shall that proposed amend
nent bear? Unquestionably It should take the
form of grant of power, and unquestionably the
limitations of that power should be precisely de-
fined Beyond peradventure it should contemplate
the future as well as tn present lndsputably
it should be power concurrent with that OF the
states, since it's purpose is not to deprive the
states of any Of their powers but only to confer
like powers the national government.
"Still farther, it will not be questioned but that
that power should be given to control, regulate, or
to prohibit the of such labor in all cases
where the character of the labor is dangerous in
itself or may become dangerous through the in
experience heedlessness Of childhood; where IN
itself or in it's surroundings it is detrimental to
the physical or moral welfare of childhood, or
where it is in character too onerous for the grow
ing bodies of youth. Equally manifest is 1t that
in all occupations where child labor is permitted
legislative authority should have determlnatlve
voice as to the terms, times conditions, and en-
vironment of it's use-such as day and night work.
reasonable hours, dangerous machinery, hygenic
conditions and the like.
ssThese are the fundamental considerations
(which have controlled the action of this commit
tee 1t has given painstaking consideration to the
varying phraseology of the five concurrent reso-
buttons set forth herein above and to be found
in part / of hearings; it has made extended re-
search into the legal and popular meanings OF
words whose use has been recommended. and It
has decided to submit the following as the form
Of the proposed constitutional amendment, which
it approves: