Evening star., 1923-12-28
CAPITAL KEYNOTR
BY PAUL y. COLLINS

While this nation was at war, child
labor Increased until 1t reached its
peak In 19ls-about when wages were
at their peak and when our efforts In
the war reached their crisis.
Beginning in tho late summer Of
1920, child labor diminished, cotem-
poraneously with business depression.
Better times in business began in
1922, and since then the number of
children employed in "gainful occu-
pations" has continued to grow.
How many OF US sense the sig
ntficance of these parallels? Note
child labor decreasing when times
plenty of wages for the legitimate
wage Garner OF the family. Not the
family need but the employers greed
immolates babies and half-grown
youths upon the altar Of selfishness-
not necessity.
Congress has twice passed laws
regulating child labor, and both laws
have been found unconstitutional by
the Supreme Court.
The first law. passed in 1916, was
based on the right Of Congress to
regulate commerce between the states
and foreign commerce. 1t forbade
transportation in interstate or foreign
commerce of all goods made in fac
tories where child labor was en-
ployed. This was thrown out by the
supreme Court on a vote of FIVE to
-FOUR: on the ground that the power
OF Congress to regulate commerce
did not extend to the right of control
for other purposes than commerce,
whereas this law was aimed to con-
troll standards OF labor, which is
wholly state function.
the second law, effective I'm May.
1913. put a special tax on the net
profits of such mines. quarries or
manufactures where child labor was
employed. This was enforced three
years. but was found unconstitutional
May %, 1922. by a vote Of eight TO
one. on the ground that 1t was not a
but was an attempt to impose,
through taxation. standards as to Ia
Dor, which right belonged only to
the states.
X X X X
BY these two decisions 1t became
clear that the present powers of the
Constitution do not give to Con-
gress the right to legislate, on this
subject. 1t is equally clear that so
long as 1t is impossible to get from
the several states Iegisla ton that will
be interstate in its effect, through
us uniformity In all states. the com
petition of one state, In the markets
OF all, when the one or more states
persist in permitting child labor. will
drive from the markets the products
OF other states not so permitting. The
only hope OF reaching true solution
nTnhlan- ha- T.
a constitutional amendment extend
ing the power of Congress 10 act in
this matter.
= !: * n
There are now pending in Congress
eighteen such proposed amendments
besides several other measures con-
cerning children and women. -Four
were introduced in the Senate by Sena.
tors Lodge. Mccormick. Shortridse
and Wheeler. The o.her fourteen were
introduced in the House.
Many conferences have been held
by organizations interested either in
child welfare or IN labor. and the
various measures have been care
fully studied. with the result as re-
ported by the children's bureau of
the Department Of Labor. that the
Mccormick phraseology is found most
acceptable. 1t appears the most sim
pie and comprehensive.
The Mccormick measure proposes
an amendment as follows:
"Section !. That the Congress shall
have power to prohibit the labor OF
persons under eighteen years of age
and to prescribe the conditions OF
such labor.
Sec. 2. The reserved powers O,
the several states to Iegislate con
cerning the labor of persons under
the age Of eighteen years shall not
be impaired or diminished, except to
the extent necessary to give effect to
Legislation enacted by the Congress-
Il 4 r +
The intent is that the federal laws
shall flx q minimum standard con