Evening star., 1937-06-02

AAAo uoSIAAAAC 10 oCU 1Ol III ALI Vic CASCS
relating to the regulations OF stock
yards and grain exchanges.
This bill invokes this power by
eliminating from interstate commerce
goods produced by sub-standard labor
conditions which affect interstate
commerce in the manner stated.
"6. The power to regulate interstate
commerce has been held to include
the power to regulate conduct in
tended to divert or substantially affect
the movement Of goods in interstate
commerce. This Is the doctrine Of
the Coronado Coal case. This bill
invokes such power to regulate such
sub-standard labor practices as are
found to be the result of an intention
to divert the movement of goods in
Interstate commerce.
1T will be observed that these
theories Of the interstate commerce
power, as laid down by the court, are
complicated and overlapping and that
some could be directly and automatic
cally applied while others could be
applied only where circumstances
were found to warrant. 1t was, there
fore. inevitable that any bill which
tried to use these available weapons
to fortify itself against the constitu-
tional attack which labor and COM
merce legislation always faces. should
to a considerable extent sacrifice SIM
plicity. For neither the subject mat
ter of the bill nor the legal theories
underlying it can with practical safety
be reduced to any one simple formula.
But the bill is believed not to be con-
flicting within itself or self-defeating."
Powers of National Board.
In an effort to justify the proposed
wide discretionary powers tested in
the Labor Standards Board, Jackson
cited the geographical and industrial
diversities" mentioned by President
Roosevelt in his message preceding
introduction of the bill.
This bill does not plunge the Ma
tion headlong into rigid and wide
spread policy of regulating wages and
hours" Jackson continued. 1T per-
mits the building up body of expert
ence and prevents the extension OF
regulation faster than capacity prop
erly to administer is acquired"
Turning to the child labor pro-
vision, Jackson said:
"A commerce clause broad enough
to protect the children OF the rich
from kidnapping would seem not to be
abused il it should Also protect the
children OF the poor from exploita-
ton"
With biting sarcasm, the young
Assistant Attorney General next at
tackled the existing barrier to regula-
ton Of child labor.
The power OF Congress to enact
the bill is clear" he said under the
decisions, both old and recent. except
for the denial by the Supreme Court
in the child labor case OF the most
simple and clear of all these the
ories.
"Perversion OF Constitution"
I'VE owe it to our times to chal-
lenge the perversion of our Constitu-
ton injected into our law by the child
labor decision. This bill would chal-
lenge it. We should give the courts a
chance to remove this blemsh from
our judicial history"
Then referring to the minimum
wage case, he said:
In face Of the willingness of the
Supreme Court to decline to let obso-
lete precedent limit the exercise of its
own reason, Congress may with pro-
priety decline to let such decisions stall
legislative reason. Had not the legis-
lators persisted in assailing the mini
mum wage cases, their inaction and
acquiescence would have prevented the
court from amending its doctrine.
Nothing but challenge to the child
labor decision will enable the court,
even if it so minded. to correct the
old decision. now without support in
scholarship, reason or enlightened
| public sentiment"
Turning next to the issue of States
rights. Jackson reviewed the willing
ness of the States to surrender import
regulation responsibility to the Fed
| eral Government.
Closing presentation of his prepared
| statement, Jackson reminded the COM
mlttee that there is nothing whatever
in the Constitution that forbids Con-
gress to make delegation of its
power. The prohibition is purely
Judge-made. not Constitution ma de "