Evening star., 1936-12-15
Child Labor.

In the clamor for an amendment to
the Constitution authorizing the Federal
Government to deal with social and eco
nomic problems, the fact that a child
labor amendment has been pending be-
fore the States for a dozen years has
almost been forgotten. Yet there it
stands. Twenty-four States have al
ready given it approval. The fight
begged down for ratification when
enough State Legislatures to prevent its
adoption had declined to approve.
William Green, president of the Amer
lean Federation of Labor, fully alive to
the implications of the recent election
and enthusiastic for the adoption of
the child labor amendment, is launch
ing fight for its revival He has writ
ten to heads of State and local labor fed
erations in each of the States which
have so far failed to ratify, urging them
to work for favorable action. The Legis-
latures of nineteen of these States are to
meet In regular session next month, and,
as Mr.. Green points out the Legislatures
Of the five other States could meet in
special sessions.
A nice legal question is presented.
Can State which has once rejected
proposed constitutional amendment,
reverse itself after more than one-fourth
of the States have turned it down? The
president of the American Federation of
Labor holds the opinion that the States
can reverse themselves. The American
Bar Association has held otherwise.
To become attached to the Constitu-
under the terms of the Constitution
itself, by three-fourths of the States,
or thirty of them. The child labor
amendment, therefore, still requires the
approval of twelve States to become
effective.
II new amendment to the Constitu-
ton is to be submitted to the States,
authorizing the Federal Government to
deal with social and economic problems
1t might well include the question of
child labor. If, on the other hand, no
such amendment is to be submitted,
then the proponents of the child labor
amendment would be entirely correct
In making their demand for further
action on the original proposal. AS pro-
The Congress shall have power to
limit, regulate and prohibit the labor of
persons under eighteen years of age.
Section q. The power of the several
States Is unimpaired by this article ex-
cept that the operation of State laws
shall be suspended to the extent neces-
sary to give effect to legislation enacted
by the Congress.
The problem of child labor was at
tackled in the national industrial recov-
cry act and the codes" adopted sub
sequent thereto. This part of the N. r.
A., at least, won widespread approval.
When the law was held unconstitutional
much of the advance which had been
made In the matter of preventing child
labor was lost. Some of the States have
child labor laws of their own. Others
have none, or laws which do not go far
enough.
How far Congress should go in the
matter Of prohibiting all labor for chill
dren under the age of eighteen is, per-
haps, a debatable question. Even under
the N. r. A. no such effort was made.
Under the N. r. A. codes no children
under sixteen could work in gainful
employment and no child under eighteen
in hazardous employment. These de-
tails would be left to Congress under the
child labor amendment, which gives the
National Legislature wide leeway in
dealing with the question of the en-
ployment of minors.
The employment of little children in
some industries has been blot on
America which should be eradicated.