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


judiciary, submitted a report senate joint reso-
lutions 200, 224 232, 256 and 262, proposing an
amendment to the Constitution comforting con-
gress 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:
Resolved by the senate and house of repre-
sentatives Of the United States of America in con-
gress assembled (twothrds 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 intents and purposes as part of
the Constitution:
2 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."
It appears that the several senate joint resolu-
lions were referred to subcommittee consisting
of Senators Shortridge Colt of Rhode Island and
Walsh of Montana. Their conclusions and recon-
mendations 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; 25e, Senator
Lodge of Massachusetts; 262, Senator Walsh OF
Montana. There is the same basic idea in all as
in the form recommended by the committee, with
the exception of that of Senator Walsh which
would declare the power of congress to regulate
power to prohibit transportation in interstate
commerce of commodities being the products of
any employer of child labor.
It will be remembered that the act of September,
1916, undertook to prohibit child labor by prohb-
iting TRANSPORTATION in interstate commerce of
goods made in factories where child labor was
1sed The Supreme court held this act unconst-
tutionaI because it exceeds the constitutional al-
thority of congress. Mr. Justice Day delivered the
opinion Of the court and used the following IAN
guage:
an our view the necessary effect of this act
IS by means of prohibition against the move
ment in interstate commerce of ordinary CONNER
cial commodities to regulate the hours OF LABOR OF
children in factories and mines within the staIes'
a purely state authority. Thus the act IN a Two
fold sense is repugnant to the Constitution 1t not
only transcends the authority delegated to con-
gress over commerce, but also exerts power as
to a purely local matter to which the federal au-
thoritv does not extend. The far-reaching result
of unfolding the act cannot be more plainly IN
dicated than by pointing out that il congress can
thus regulate matters entrusted to local authority
nv prohibition of the movement of commodities IN
interstate commerce, all freedom of commerce VIII
he aft an end and the power of the states over To-
cal matters may be eliminated, and thus our sys-
tenn of government be practically destroyed.
The act of Feb "a, 1919, undertook to prohibit
child labor by imposing tax OF TO per cent OF
the net profits of the year upon an employer using
child labor. The Supreme court held 1t unconsti-
4utionaI on the ground that sit is not valid ex-
ercse bv congress of its powers Of taxation under
limited States Constitution, Article /, Section g.
but is an unconstitutional regulation by the use
of the so-caIled tax penalty OF the employ
ment of child labor in the states which, under
United States Constitution, tenth amendment -
exclusively a state function
The report of the committee contains the fol-
lowing exposition Of the necessity Tor protecting
the child life Of the nation and explanation OF the