Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1924-07-25
NOW STATES
MUST ACT ON
CHILD WELFARE


The question Of whether child labor
is 70 be abolished in the United
States has been decided in the affirm
alive by Congress so far as Congress
now has the power to make that de-
eision. The constitutional amend
ment has been passed by both Houses
and now goes TO the states for rat.
fication. II three-fourtbs Of the
states approve the amendment it will
become a part Of the constitution. It
will then be within the power Of Con-
gress to enact legislation limiting, or
forbidding the employment of CHI
dren under eighteen years Of age.
There has been much misfepresen-
tation of the proposed amendment in
connection with its provision for regu.
lating and prohibiting the labor of
persons under Is years Of age. The
language of the proposed amendment
is as follows:
Section |. The Congress shall have
power to limit, regulate, and prohibit
the labor Of persons under eighteen
years Of age.
u Section 2. The power of the sew
eral states is unimpaired by this
article except that the operation of
state laws shall be suspended to the
extent necessary to give effect TO
legislation enacted by the Congress
1t has been stated by opponents
that the labor of persons under Is
years of age would be prohibited by
the adoption and ratification of the
amendment. That is, of course, not
the case. Congress will have power
to limit, regulate and prohibit" and
it is not to be expected that there
will be complete prohibition of child
labor up to the age of Is years.
Congress, under the terms of the
amendment may prohibit child labor
Jnder an age which Congress may de-
termine and it may then regulate the
conditions under which children over
the prohibited age and under Is may
be permitted to work. For example.
it will be possible for Congress to
| prohibit the labor of children under
| 10 years of age and to regulate or
limit the labor of those between 10
and Is. 1t was for that reason that
Is years was fixed in the proposed
amendment instead of 10 years. The
proposed amendment is not legis-
| lative enactment and can have no
effect except to empower Congress to
enact legislation.
Furthermore, federal legislation
enacted under the terms of the
amendment will have effect only in
states where state legislation falls
| below the standards fixed by such
measures as Congress may enact
after the ratification of the amend
ment. In other words, Congress will
have the power to act if the states
refuse to act. 1t is entirely possible
| that the adoption of the amendment
by Congress and the prospect of its
ratification by the states will en-
courage states to enact legislation
adequate for the protection of the
child workers within their boundaries,
1t is expected that state pride will
lead many states to adopt standards
as generous as may be fixed by Con-
gress in order that federal legislation
may not apply within those states.
States that now have inadequate
standards may be lead to improve
| their standards prior to the enact
ment of federal legislation.
Those members of the House and
Senate who voted for this amendment
are to be commended for their con-
duct. 1t is true that they did no
more than their duty, but a great
many Congresses have failed to do
even that much. OF course, there
were those who opposed the amend
ment bitterly. In the Senate there
were % who voted against it, while
in the House there were SO.
i In the Senate there were 90 who
voted for it, while in the House there
were 297.
The legislatures of 36 states must
approve the amendment before its
success is finally assured. To this
end it is necessary that the trade
unions throughout the country imme-
diately begin agitation in favor of
the amendment in the various states.
This question should have an inn
portant bearing on the candidacy of
those who seek election or reelection
as members of state Legislatures
everywhere. No candidate who OPP
poses this amendment can be accept
ed as satisfactory.
The victory that has been so
strikingly won in Congress Is VIC
tory for the trade union movement.
The trade union movement must head
the procession that carries the banner
the balance of the way to victory
There could be no time more fitting
! at which to recall the continued lead
ership of the labor movement in this
great struggle--a leadership stamped
in the records of the movement, and
in the hearts of the millions of men
and women within its ranks.
Let every American, and particu-
larly every American trade unionist,
join vigorously and enthusiastically
in the final effort to secure ratitica-
ton of the amendment in behalf of
American childhood.-American Fed
erationist.