, 1923-06-21

uOTnlh, from the committee on the
Judiciary, submitted a report on senate Joint reso-
iutions 200, 224, 232, 256 and 262, proposing an
amendment to the Constitution comforting on 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 (two-thirds 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 n mart of
the Constitution:
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"
1t appears that the several senate Joint resolu-
lions were referred to a sub committee consisting
of Senators Shortridge, Colt OF Rhode Island and
Walsh Of Montana. Their conclusions and recon-
mendations are made a 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; 25G, Senator
Lodge Of Massachusetts, 262, Senator Walsh of
Montana. There is the same basic idea in all rs
in the form recommended by the committee, with
the exception Of that Of Senator Walsh which
would declare the power of congress To regulate
commerce among the several states TO embrace the
power to prohibit transportation In interstate
commerce Of commodities being the products Of
any employer of child labor.
II viii be remembered that the act Of September.
1916, undertook 10 prohibit child labor by prohib-
iting transportation In Interstate commerce of
goods made In factories whore child labor was
used. The supreme court held this act unconstI-
tutIonal because 1t exceeds the constitutional uu-
thority OF congress. Mr.. Justice Day delivered the
opinion of the court and used the following Ian
Euuge:
"n cur view the necessary effect OF this act
Is. 10y means Of u prohibition against the move
mont IN Interstate commerce Of ordinary CONNER
ciul commodities. 10 regulate the hours OF labor Of
children In factories and mines within the states.
"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 n power as
TO u purely local matter 10 which the federal au-
thurity does not extend. The far-renching result
Of upholdlng the act cannot be more plainly In
dictated than by pointing out that II congress can
thus regulate matters entrusted to local authority
10y prohibition OF the movement of commodities In
Interstate commerce. all freedom Of commerce will
be ut an end and the power OF the states over 10
cal mutters may be eliminated, ana thus our sys.
TEN Of government be practically destroyed"
The act OF Feb. "a, 1919, undertook TO prohibit
child labor by imposing n tax Of 10 per cent Of
the net profits Of the year upon an employer using
child labor. The supreme court held It unconsti.
tutiona. on the ground that "It Is not n valid ex-
ercise by congress OF It's powers Of taxation under
United States Constitution, Article !, Section s.
but is nm unconstitutional regulation by the use
OF the so-called tax as a penalty OF tho employ
ment OF child labor In the states, which. under
United States Constitution, tenth amendment, is
exclusively a state function"
The report OF the committee contains the fol.
lowing exposition OF the necessity for protecting
the chiN life OF the nntion and explanation Of the