Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-04-01

iudL As 10 Say, the Associated 1nuuS-
tries announces to the world that it
is ready to fight against organized
labor entering in to the manufac-
ture of textile, boots and shoes and
the like, of the State.
Also across the top we see the an
nouncement in words to this effect,
The Associated Industries proposes
/ to become a partner of the State"
Welcome, gentleman Of the Asso-
ciated Industries, Will YOU have
your desk moved into this room or
, would you prefer that it be moved
into the room at the other end of the
building? Because. surely, at least
! while the Legislature is in session.
the Legislature is the voice of the
State of Maine.
In 1916 the Congress, in It's wis
dom, decided that the necessity had
| arisen for the enactment of a child
labor law. And, acting upon its pow
ers as the Congress understood them,
it passed the first child labor law,
| which applied to all the labor Of
children up to the age of sixteen
! years. And Congress intended to
work, through its constitutional con-
! troll over inter state commerce, and
! that law was in effect for two years,
{
the country did not collapse; no
young man rebelled against his pa
| rents and refused to work; no Fed
Grad Agents came into the homes of
the citizens of Maine or any other
state to interfere with the home life!
Now that act was declared uncon-
stitutional, and in 1919 the Congress,
in its wisdom, decided that once
again it would exercise its right, as
it believed, to pass child labor law.
and it tried to arrive at it by its
sovereign power Of taxation, and
passed law which put tax of ten
per cent upon all goods manufac-
tured by child labor under certain
conditions mentioned in the act
which are not necessary for me to go
into. And again, the Supreme Court
declared that it was beyond the pow
ers of the Congress even to reach 1t
through it's sovereign power to tax.
Now, there was nothing left to do
but to propose an amendnHnt to the
note that when the first case arose
under the act of 1915, to test the
constitutionality of the right of
| Congress to enact a child labor law,
| the legal proceeding. the legal ma
| chinery. was started by q poor man
| in North Carolina, q poor man who
claimed that he needed the labor OF
his child under sixteen years OF age.
| to work in the textile factories OF
North Carolina. But 1t Is curious to
note that when that case got to- the
! Supreme Court of the United States,
that poor man was represented by
| Morgan J. O'Brian of New York.
| probably the greatest constitutional
| lawyer in the United States: Morgan
| j. O'Brian. former Justice of the Su-
| nreme Court of the State Of New
| York. and associated with him was
an array of the greatest constitution
! nj and corporation lawyers of New
! York. Philadelphia and OF Washing
! ton. And that case is to be found re-
ported in the 247th United States
J Supreme Court Report, at page 251.
I and it is called: Hammer. United
] states Attorney for the Western
District of North Carolina, V. Dagen-
| hart ct all And there was a dis
| senting opinion to which l wish to
refer in a moment.
| And again, in 1919, when the sec
! ond case went to the Supreme Court
! of the United States under differ
! ent name, that time again Morgan j.
| O'Brien-and associated with him
| the greatest-and in part the same
! great constitutional and corporation
| lawyers of New York, Philadelphia
and shington-argued against the
! constitutionalty of the act before
thar great tribunal. the Supreme
Court of the United States.
There have been objections, but l
shall answer two or three only, and
| pray YOU, of your courtesy. to hear
me out, not that / expect to con-
vince YOU but because of the magnl-
tude Of the subject. because of the
great human interest that is in
volyed and therefore I ask your in
diligence if | appear to be prollX IN
answering two or three of the OBJ
icctions raised and that have been
raised so much by the Associated
/ Industries Of Maine.
one common objection !s that the
proposed amendment gives too much
power to Congress. The argument is
that Congress cannot be trusted but
that the states can be trusted. 1t is
strange that so far, at least as my
/ knowledge goes back to public affairs
during The past 20 or so wears, ! never
before heard or read that argument
that the Congress of the United States
cannot be trusted, and it seems to me
that it is q strange thing that a Con-
gross which, under the Constitution
of the United States, has the power OF
! life and death over every man OF us
In the country, which can send us to
the battlefield. which can declare war,
which can declare peace, which can
coin money. and do various other acts
of sovereignty, and he trusted with
all those powerful functions of sover-
~ hr f,,,- - f@r
the lives and the welfare and the
health. mental. moral and physical. of
the young generation now growing
up, aud that the states can be so
: trusted.
can any one of you, members of the
House. remember n single instance
back in the history OF our country,
from the present time back to the
presidency Of George Washington,
when the Congress ever passed law
which trampled upon the inaienahle
rights of the citizen granted by the
. FIRST 10 amendments to the Consttu-
tionr No; | can answer it for you
with safety. But YOU can all rcmem-
her and you can remember What ha
happened within few weeks in this
state, and in no less a great common
wealth than Tennessee, you can re-
nl6lnhtf fooliSn, MAD laws passed by
LEGISLATURES over the lives and the
property and the education of our cit
liens. You can remember Of the Leg
islature Of Tennessee passing, and the
! governor OF Tennessee signing, with
in few weeks, a law which forbids
the teaching Of evolution in the public
schools OF the state of Tennessee You
can remember the great common
wealth or oregon, a few years ago,
passed aud referred to the people in
referendum, a law which forbids the
parent to educate his child in any
| school that he sees tit; he must send
his child only to the public schools.