The Dolores star., 1924-08-15

and an exciting contest with
Wide ramiicatons which involve questions of ma
uonal Importance other than child labor
Georgia has just overwhelmingly defeated rati-
hcation.
The purpose of this article is purely informative
The resolution proposing the amendment was
passed by the house April 90 and by the senate
June 2. The amendment reads
Section l. The congress shall have power to
limit. regulate and prohibit the labor persons
under eighteen years of age.
Section 2. The power of the several is un-
impaired by this article that the operati
OF state laws shall be suspended the extent nee
essary to give effect to legislation enacted by the
congress.
Ratification will not give US an anti-chlld labor
law. Ratification will be in effect an enabling act
giving congress the power to pass enforcing legis
latiOn.
Two acts by congress, everyone knows, have
been passed in an attempt to prohibit child labor
and have been declared unconstitutional by the
Supreme court. The reasons of the court for this
action show why it seemed necessary to congress
to approach the question from a different angle
and to propose the amendment in its present form
1t viii be remembered that the act of September,
1916, undertook to prohibit child labor by prohib-
iting transportation in interstate commerce of
goods made in factories where child labor was
used. The Supreme court held this act unconsti-
tutional because it exceeds the constitutional au-
thority of congress. Mr.. Justice Day delivered
the opinion and used the following anguage
In view the necessary effect of this act is by
means of prohibition against the movement in in
terstate commerce of ordinary commercial commod-
itics, regulate the hours of labor of children
factories and mines within the states a purely
state authority. Thus the in a two-fold
is repugna 1t to the Constitution. 1t only
scends tn" authority delegated to congress
commerce. but also exerts power a purely
local matter to which the federal authority does
extend The far-reaching result of upholding
the act cannot be more plainly indicated than by
pointing that IL congress thus regulate
entrusted local authority by prohibition
of the movement of commodities in Interstate COM
merce. all freedom of commerce will be end
and the power of the states over local
system Of government be practicaly de- 9u
stroyed &
The act of Feb. "a, 1919 undertook to &
prohibit child labor by imposing a tax s
of 10 per cent of the net profits of the g
year upon an employer using child labor. 8
The Supreme court held it unconstitu- g
tional the ground that sit is not 3
valid exercise by congress of its powers &
of taxation under United States Consti- B
tuition, Article l, Section s. but Is 4
constitutional regulation by the use of b
the so-called tax penalty of the en- 4
ployment of child labor in the states, q
which, under United States Constitution, +
tenth amendment, is exclusively q state
function" 4
The judiciary committee of the house 8
of representatives found four reasons p
why this Legislation should be enacted: 8
First, because in a single
industry powerful to pre- 8
vent the enactment of a chd-labor &
ment; second because consumers are iHs.o