The Holly chieftain., 1923-06-21

The congress shall have power concurrent
with that of the several states to limit prohibit
labor of persons under the age Of eighteen years.
IA 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 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
ernment 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-
clusively 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
lieu Of the word employment The former word
expresses precisely the matter of the proposed
amendment. It is the use of the labor rather than
the matter Of its employment which is of direct
concern, and to state 1t thus avoids all possibility
Of the shufhngs and evasions which might follow
the adoption of the latter word.
san 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
It might fall utterly. marked difference of opin
ion was developed at the hearings before the SUBJ
committee, it being argued on the one hand that
after eighteen years of age, girls and boys had
passed the period of dependency and were physi-
selves. so that the power to protect them which
was sought by the amendment could safely be lin
tied to the indicated age; WHILE the other hand
II argued that many cases and classes merited
protection after the age fixed, and that as the
states police power embraced the protection Of
its children during the period Of their homage and
up the instant of their majorites 1t was reason
able to ask that identical police power be CON
ferred on the national government:
"Renson Is found In both points Of view. But
your committee finally concluded to insert the
eighteen-year limitation; because such Limitation
would certainly embrace the vast majority of cases
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 tc
the wisdom of each state. And, finally, In con
temptation Of the opposition which almost certain
~ would arise should the word child be used.
and having In mind the common-law definition Of
the word child and the many decisions Of courts
ns to the legal meaning of that word, 1t was
thought expedient to ask for that which would
accomplish the greatest good while being sub.
ject to the least opposition. In order to remove
all doubt as to the power to, be delegated. 1t was
thought wise to use the word persons"
A conference Of progressive" governors Of both
parties Is to be held this summer to agree ON
certain amendments to the Constitution. IRE.
striction Of Child Labor one subject certain to
be considered.