Palisadian., 1924-08-08

and an exciting contest with
wide ramifcations which involve questions of ma
tionai Importance other than child labor.
Georgia has just overwhelmingly defeated rati
fcation.
The purpose of this article is purely Informative
The resolution proposing the amendment was
passed by the house April 26 and by the senate
June 2. The amendment reads:
Section /. The congress shall have power to
limit. regulate and prohibit the labor or persons
under eighteen years of age.
Section 2. The power of the several states Is un-
impaired by this article except that the operation
of state laws shall be suspended to the extent nec-
to give effect to legislation enacted by the
congress
Ratification will not give us an anti-child labor
law. Ratification will be in effect an enabling act
giving congress the power to pass enforcing legis
lation.
Two acts by congress, as 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 1t seemed necessary to congress
TO approach the question from a different angle
and to propose the amendment in it's present form
1t will be remembered that the act of September
1915. 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 1t exceeds the constitutional au
lhority of congress- Mr.. Justice Day delivered
the opinion and used the following language
In our view the necessary effect this act is by
means of a prohibition against the movement in in
terstate commerce OF ordinary commercial commod-
tiles, regulate the hours of labor of children in
factories and mines within the states. purely
state authority Thus the act In two-fold sense
Is repugnant to the Constitution. 1t noe only tran
scends the authority delegated to congress over
commerce, but also exerts power as to purely
local matter to which the federal authority does
not extend. The far-reachng result of upholdng
the act cannot be plainly indicated than by
pointing out that II congress can thus regulate
matters entrusted to local authority by prohibition
of the movement of commodities in interstate COM
merce all freedom OF commerce VIII be at an end
and the power OF the states over local
matters may be eliminated and thus our .
system of government be practically de- ga
stroyed.
The act of Feb. "a, 1919. undertook to s
prohibit child labor by imposing tax e
of 10 per cent of the net profits of the s
year upon an employer using child labor. &
The Supreme court held it unconstitu- 8
tional On the ground that "it is not g
valid exercise by congress of it's powers 8
of taxation under United States Consti- E
tuition Article l. Section 8. but is an un- B
constitutional regulation by the use of E
the so-called tux as penalty of the en- 3
ploymeni of child labor In the states, 8
which, under United States Constitution, q
tenth amendment, is exclusively state E
function" 2
The judiciary committee of the house Il
of representatives found four reasons s
why this legislation should be enacted: 2
First, because in states single s
industry powerful as to pre- g
vent the enactment of a child-labor s
law, It's enforcement after enact g
ment; second. because consumers are nu