Evening star., 1938-06-24
CHILD LABOR BAN
HINGES ON COURT
Borah Says Wage Laws Bar
Depends on Reversal of
Two Earlier Rulings.
ey the Associated Press.

ey the Associated Press.
Senator Borah, Republican, of Idaho
expressed the view today that the
Supreme Court must reverse itself on
two previous decisions If the prohibi-
tion on child labor in the wage hour
legislation is to become effective.
Similarly, Senator Borah contended,
the court must sustain and possibly
broaden its previous Interpretation of
governmental power to AK wage
minima if the general theory of the
wage-hour bill is to be held consti-
tutional.
While much of the wage-hour legis-
lation was built on principles enunci-
ated by majority of the court in
the Washington State'minimum wage
decision of March 20, 1887, Senator
Borah said, the child labor provisions
we're based frankly on minority opin-
Ion written by Justice Holmes in 1918.
In this opinion. in the case of Ham,
mer VS.. Dagenhart, Justice Holmes
summed up the minoritys views with
this observation
1T is enough that, in the opinion
of Congress, the transportation dn
interstate commerce of goods produced
with child labor encourages the evil
(of child labor)."
Challenges Court Theory.
The majority, disagreeing, said Con-
gress had exceeded its power in at
tempting to standardize the ages at
which children might be employed in
mining or manufacturing within a
State. The court held the manufac-
ture or production of goods for inter-
state commerce was not in itself inter-
state commerce, but a matter for State
control.
Senator Borah. who aided in draft
ing the compromise wage-hour bill
now on President Roosevelts desk,
said the new program directly chal-
lenges that theory.
The bill defines production for
commerce" as a part of interstate
commerce, thus extending its scope
to many industries which are largely
local.
1t defines as Oppressive child labor"
the employment of children under 16
by others than their parents or guard
ians. Children from IA to is, how
'ever, may obtain certificates to work
during out-of-school hours where such
work would not injure their we'll
being.
Amendment Not Ratified.
In 1922 the Supreme Court turned
back another attempt of Congress to
regulate child labor 1t held uncon-
stitutional 1919 law placing a 10
per cent tax on the entire net profit
OF firms which employed child labor.
Congress next submitted, in 1924, a
constitutional amendment, but it has
not been ratified by three-fourths of
the States.
Senator Borah, one of the foremost
constitutional authorities in the Sen
ate, said he was satisfied the Supreme
Court would uphold the wage and
hour provisions of the new legislation.
These provisions were built around
the courts decision upholding the
Washington State law fixing a mini
mum wage for women. In this case,
however, the court was dealing with
the States power to fix wage minima,
and not with Federal powers.
Contracts Limited.
The most significant portion of this
ruling, the Idaho Senator contended,
was the courts opinion that there was
no unlimited right of contract-that
contracts could not be made for un-
reasonable wages detrimental to the
health of the workers.
In this connection. the court said:
The violation alleged by those at
tacking the minimum wage regulation
for women in deprivation of freedom
Of contract. 1t speaks of liberty and
prohibits the deprivation of liberty
without due process of law.
The liberty safeguarded is liberty
IN social organization which requires
the protection of law against the evils
which menace the health, safety,
morals and welfare of the people"
Senator Thomas, Democrat, of Utah,
chairman of the Labor Committee,
joined Senator Borah In the view the
high court would uphold the wage
hour law. :.
Norris Asks 30-Hour Week.
Meanwhile. Senator Norris, inde-
pendent Republican, of Nebraska,
Roosevelt supporter, called for revision
Of the wage-hour regulation, describ-
ing the program as Inadequate" He
said the initial 44-hour work week
would not be effective in reducing un-
employment
The veteran Senator outlined a pro-
gram under which a 30-hour work
week would be country wide stand
ard. A special board would be set up,
however. to grant exemptions In cases
where such a standard would cripple
an industry.
The determination Of wages, Senator
Norris said, could be left largely to COL
lective bargaining. The whole pro-
gram would resemble the 30-hour-
week legislation proposed by Supreme
Court Justice Black when the latter
was a Senator