The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-26
Child Labor Fight Approaches Its Climax
as State Legislatures Convene This Winter
BY NEA Service

Washington, Jan. 26.-To bring into
the spotlight the long campaign to
give Congress power to regulate child
labor, the last weekend In January
has been designated as Child Labor
Day. following custom maintained
for almost 80 years by the National
Child Labor Committee.
The child labor campaign should
come to q climax this winter.
Twenty states have ratified the
proposed 22nd Amendment, which
would give Congress the power Ito
limit, regulate and prohibit" the labor
Of persons under l8 years Of age" and
suspending state laws ito the extent
necessary to give effect to legislation
enacted by the Congress"
Sixteen more must pass It to make
this amendment part Of the Consti-
tuition.
Wilson Signed Bin
Legislatures of q Of the % states
which have not ratified or which have
rejected the amendment are rallying
for q determined fight In each state
concerned.
The movement for federal child
labor law goes back to the beginning
Of this century. In 1916 Congress
passed q law forbidding interstate
shipments Of the products OF child
labor.
When Woodrow Wilson signed the
bill he said g. know what it
is going to mean to the health and to
the vigor Of thus country, and also to
the happiness of those whom 1t af-
fects. It Is with genuine pride that
I play my part In completing this
legislation. -
Baked by Court
But it was not completed. The SUI
preme Court held 1t unconstitutional.
on the ground that it was an attempt
to control the states In the exercise
Of their police power over manufac-
lures within the states.
A second attempt to put In force
another law with similar purpose was
likewise declared unconstitutional.
SO in 1924 Congress submitted to the
states an amendment specifically Civ
ing Congress the power.
Ratification of the states strung
along very slowly. only six having
done so by 1880. Fourteen more
jumped suddenly on the bandwagon
in 1888. but in 1894, there being few
legislative sessions, and those urgent
~ crowded, there were no further
Publications.
Meanwhile, SO states had from
time to time rejected the amendment,
some of them later reversing them
selves and ratifying.
Validity In Doubt
A committee Of the American Bar
Association has raised the question Of
whether ratification so long after an
amendment has been submitted Is
valid. Though the amendment as
submitted carried no time limit. others
submitted since have done 50.
Another equally weighty committee
Of lawyers has said this time element
makes no difference.
Abolition Of child labor through
provisions Of the 500 codes which pro-
vide against it is temporary, and ex-
pires when the codes go out Of force.
That Is why the National Child Labor
Committee Is concentrating its efforts
at adoption this winter.
President Roosevelt and Labor Sec
rotary Frances Perkins have endorsed
the measure as q desirable grant Of
power to Congress. which could then
pass such laws as it chose to regulate
child labor.
Al Smith Opposes Move
Opponents, such as AL Smith and
DR.. Nicholas Murray Butler Of Co
lumbia, are basing their drive against
It on the ground that It would open
the way to wholesale interference Of
the federal government In matters
that properly belong to the states to
regulate.
This winter should tell the story.