Evening star., 1934-12-10
SCHOOLS SUPPORT
PRETTYMAN'S BAN
ON. CHILD PLAYERS
Education Board Head Sub
mits Even Stricter Law
Interpretation.
OPINION OF MEMBERS
SOUGHT BY BALL0U
DR.. Johnson Holds District Statute
Only Concerned With Adult
Exploitation.

Youthful musicians whose appear
ances here next month have been
banned by Corporation Counsel z.
Barrett Prettyman as violations of the
child labor law may expect no sup
port from DR.. Hayden johnson, presi-
dent of the Board Of Education. who
submitted an opinion TO the board
today embodying an even stricter in
down by Prettyman.
BY implication, DR.. johnson, who
is one of the city's leading attorneys
as well as School Board head, sharply
criticized Prettyman's opinion as fall
ing to establish any certain basis for
enforcement of the law.
Public Also Concerned.
He pointed out that the public as
well as the child is concerned in the
application of the law, and "a settled
construction must be given the act,
which the public can understand in
advance in order to avoid the conse-
quences of its infringement"
DR.. johnson sees the District
statute as not concerned with the
child's welfare, but only aiming at
prohibiting his exploitation by adults.
The sole criterion, thinks Dr. john
son, would be whether the employ
ment of the child constituted gain
fui employment"
Please understand" he said, that
I am not defending or condemning
the law. but merely interpreting it.
I can readily see that it might work
great hardShips in many cases, but
that is not our concern. We are
interested only in its administration,
and any changes to be made are the
business of Congress"
DR.. Johnson's opinion will be pre-
sented Wednesday afternoon at the
next meeting Of the Board of Educa-
ton. His Interpretation of the law
and the Interpretation of the three
other lawyer members of the board
were requested at the last board meet
ing by Superintendent of Schools
Frank w. Ballou, who criticized
Prettyman's opinion as setting up a
standard which would render enforce
ment impossible. Ballou said that
under the Prettyman ruling, the work
permit officer would be required to
re-determine the psychological effect
Of future employment on the particu-
lar child.
Submitted by Lawyers.
None of the other lawyer members
of the School Board had submitted
opinions today.
What the practical effect Of DR..
Johnson's Interpretation may be was
not clear today. since the board does
ton of the law must be prosecuted
through Prettyman's office.
The children directly involved are
Ruth Slenczynski, 9-year old nation
ally famous pianist. and the members
of the Vienna Boys Choir The chair
already has appeared here on two pre-
vious occasions without conflict with
officials.
In the same opinion in which he
banned the 9-year-old girl and the
boys choir, Prettyman permitted the
appearance Of Gloria Perkins, II, vio-
linist.
Quoting the corporation counsels
opinion, which constitutes the first
official Interpretation of the child
labor statute here. DR.. johnson said:
Physical or mental energy, it is
said, amounts to either work, play or
education, and the test is: Cd the
purpose of the exertion; (2) the regu-
larity of its repetition, and 90 the
effect upon the child. But we are not
told what the purpose of the energy
must be in order to make it work, or
with what regularity it must be re-
peated or what eeffct it must have
upon the child. Indeed, it is asserted
that the same employment might be
construed as work for one child and
play for another, depending upon the
temperament of the child. 80
With this view cannot agree.
1T must be remembered that the
statute under consideration is a penal
statute and its violation involves both
fine and imprisonment. If the viola
tion Is made to depend upon the con-
sideration just expressed, the act. I
think, would be void for uncertainty,
notwithstanding the promise of the
corporation counsel to be both strict
and quick to prosecute the exploitation
OF children, or their employment to
their detriment or danger" >"
Depends on Interpretation.
According to Dr. johnson, the
operation of the law depends upon
the Interpretation given to the word
work" in the following language of
the statute: mo child under IA
years of age shall be employed, per-
mitted or suffered to work in the
District of Columbia in, about or in
connection with any gainful occupa.
tiOn ."
He informed the School Board that
in his opinion work" was used as
synonymous with engage"
The ban against the appearance Of
the child pianist and the boys choir
brought strong protests from Mrs.
Earle Dorsey, who conducts the con-
cert bureau sponsor them. She
pointed out that Ruth Slenczynski is
much better cared for than the aver
age child, carrying a tutor, a dietician
and a nurse on her tours. Her par
ents borrowed $4,000 to finance her
musical education, Mrs. Dorsey ex-
planned, and now are attempting to
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