The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1937-05-24
ROOSEVELT DEMANDS QUICK
ACTION, BAN ON CHILD LABOR

strong drink but mot as against
the product Of ruined lives.
NO STATE MEDDLNG
NThe act does not NEEDLE
with anything belonging to the
States. They may regulate their
internal affairs and their do
mestiO commerce a. they like.
But when they seek to send their
products across the State line
they are NO longer within their
rights. II there were no Con-
stitutiOn and no Congress their
power to cross the line would
depend upon their neighbOrS.
Under the Constitution such
commerce belongs not to the
States but to Congress to regu-
late. II may carry out its views
Of public policy whatever indi-
rect effect they may have upon
the activities Of the States. In
stead Of being encountered by .
prohibitive tariff ct her bOunda-
ries, the State encounters the
public policy Of the United
States which It Is for Congress
to express. The public policy
Of the United States Is shaped
with . view to the benefit Of
the Nation Is . whole The
national welfare rs understood
by Congress may require q dif.
ferent attitude within its sphere
from that Of some Self-Seeking
State. It seems to me entirely
constitutional for Congress to
enforce its understanding by
all the means at its command"
Mr.. Justice BrandeiS, Mr..
Justice Clark, and Mr.. Justice
McKenna. agreed. A majority
Of the Supreme Court, however,
decided 5-4 against Mr.. JUS
tice Holmes and laid down q
rule Of constitutional law which
has ever since driven into i'm
practical distinctions and sub
terfuges all attempts to assert
the fundamental power Of the
national government over inter.
state commerce.
But although Mr.. Justice
Holmes spoke for a minority Of
the Supreme Court he spoke
q majority Of the American peo-
pie:
Raps Trade Barriers
One Of the primary purposes
Of the formation Of our Federal
Union was to do away with the
trade barriers between the
States. To the Congress and not
to the States was given the
power to regulate commerce
among the several States. Con-
greSS cannot interfere in local
affairs but when goods pass
through the channels Of com.
merce from one State to another
they become subject to the power
of the Congress; and the Con-
tgress may exercise that power
to recognize and protect the
fundamental interests Of free
labor.
And so to protect the funda-
mental interests of free labor
and a free people we propose
that only goods which have been
produced under conditions which
meet the minimum standards Of
free labor shall be admitted to
interstate commerce. Goods pro-
duced under conditions which
do not meet rudimentary stand
ards Of decency should be re-
garded as contraband and ought
not to be allowed to pollute the
channels Of interstate trade.
These rudimentary standards
will Of necessity at the start
fall far short Of the ideal.
Even in the treatment of ma
ttonal problems there are geo.
graphical and industrial di.
versitieS which practical states
manShip cannot wholly ignore.
Backward labor conditions and
relatively progressive labor con-
d1tions cannot be completely
assimilated and made uniform
at one fell swoop without Gre
ating economic diSlocations.
Against Child Labor
Practical exigencies suggest
the wisdom of distinguishing
labor conditions which are
clearly oppressive from those
which are not as fair or. as
reasonable as they should be
under circumstances prevailing
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