Evening star., 1925-02-08


the Federal Constitution has
been officially rejected by the
L present Legislatures of 13 of
the States, one more than
enough to prevent ratification of the
amendment unless these States later
change their stand The action of
both houses of the Legislature of Utah
Tuesday in rejecting the amendment
placed the thirteenth State on record
as opposed to the amendment.
The action came late Tuesday aft
ernoon, closely following similar de-
cisions earlier in the day by the Con-
necticut Senate and the Nevada
House. Toward the end of the week
the Montana Senate and one house in
lnolana also voted to reject the
amendment.
The States in addition to Utah that
mad taken a stand against Federal
regulation of the hours of labor of
minor children prior to Utah's action
are Delaware, Georgia, Kansas, Mis-
souri,, North Carolina, North Dakota.
Oklahoma, Ohio, South Carolina, South
Dakota. Texas and, Massachusetts.
Louisiana has postponed action, as
has Wyoming. Gov. Nellie Ross, first
woman governor, has recommended in
her message to the Legislature of
wyoming that the amendment be
ratified.
Little Progress Is Made.
Opponents of the amendment have
made far more progress in their fight
in the States than supporters of the
eHort TO limit the employment OF
children. Only two States have gone
on record as favoring ratification, the
two being Arkansas and California
and toward the end of last week the
Senate of the former reconsidered
and voted against the amendment
One house in Arizona has voted for
ratification, while the other has not
acted as yet.
Following the action of Utah, Off
Gals at the headquarters of the
American Federation of Labor, prin-
clpal supporter of the amendment
declared that the fight for ratification
would be carried on until favorable
action is taken by three-fourths OF
the States.
They pointed out that the action OF
the States opposed is not final, as there
is no constitutional provision to de-
clare an amendment defeated, even
though all the States go on record as
opposed. Once the amendment has
been enacted by Congress it can be
brought before the Legislatures of the
States at any time. The Constitution
provides that after ratification of an
amendment by three-fourths of the
States it shall be declared in force
but provides no alternative to declare
an amendment defeated when more
than one-fourth votes in opposition.
''Defeat" Held Impossible.
Bills have been introduced in the
House and Senate to bring about an
amendment to the Constitution pro.
viding that the Secretary of State
shall be obliged to announce that an
amendment has been defeated when
more than one-fourth of the States
have rejected it. At the present time
there is no such thing as defeat of an
amendment, labor officials assert
This power to change a stand on an
amendment works both ways, of
course, and States favoring an amend
ment can vote for rejection any time
prior to the favorable action by the
three-fourthS necessary to bring adop-
tion of the amendment, the action of
the Arkansas Senate being a present
illustration.
The Federation of Labor has fought
for child labor prevention ever since
its organization in 1881. The first
declaration of purpose included one to
under the age of IA. First results
were obtained in New Jersey. which
in 1888, adopted a law prohibiting the
employment of infants, and in Maine
which barred children under IL from
working.
Federal Laws UnconstitutionaI.
Federal action was first obtained
by the passage of a law on August
Id TIL.
dent Wilson, who expressed his graft
fication at it's enactment Two efforts
were made to prevent or seriously re-
tard the employment of children by
the passage of two Federal laws, one
prohibiting the transportation in in
terstate commerce of products of in
dustries employing children below the
age of IA and the other placing an ex-
else tax on the products of these in
dustries. Both were declared uncon-
stitutional and the drive for the