The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1939-09-01

Ihe recent decision Oh the united
States Supreme Court, declaring that
it had no constitutional authority to
limit the time in which the Federal
Child Labor Amendment, which has
been before the state legislatures for
15 years, might be ratified and that
only Congress could fix the time limit
for ratification, leaves little room for
doubt that the amendment will event
ually become part of the fundamental
law of the land Twenty EIGHT states
have already ratified the Child Labor
Amendment, and renewed efforts will
be made by those interested in this
humane legislation to secure the ad-
ditional eight states needed to make
the amendment part of the United
States Constitution.
1t will be recalled that before Con-
gress submitted the Child Labor
Amendment to the states in 1924 it
had enacted two federal child labor
laws, each of which in turn had been
declared unconstitutional by the Su-
preme Court. Both of these early
laws set ID as the minimum age for
employment in factories, mills, can
neries and workshops, with an eight
hour day, 48-hour and six-day week,
and the prohibition of night work for
children between Ia and 16, and 16
as the minimum age for children in
mines and quarries. The Child Labor
Amendment now before the state Leg
islatures is not law but an enabling
act, giving Congress power to pass
federal child labor legislation. It's
test is as follows: "Section (1). The
Congress shall have power to limit,
regulate and prohibit the labor of
persons under 18 years of age. Sec
tion (2) The power of the several
states is unimpaired by this article,
except that the operation of state laws
shall be suspended to the extent nee
essary to give effect to legislation
enacted by the Congress"
Reports of the U. S. Department of
Labor show, according to census fig
ures, that there were 667,118 child
workers 10 to Is years of age, in
elusive, in the United States in 1880.
During the depression, the total
amount of child labor decreased but
the number of children working in
certain undesirable occupations or
under sweatshop conditions increased.
In 1888, under the N. R. A. codes, 16
years was set as the minimum age
for industrial employment. In certain
dangerous occupations the age limit
was 18. AS a result, child workers
under 16 virtually disappeared from
industry and commerce. The Depart
ment of Labor points out, however,
that when the codes were declared in
valid in May, 1885, the trend was re-
versed and that there has been a
steady increase in the number of chill
dren below 16 years of age employed
in industry in the United States. 1t
is plain, therefore, as William Green,
president of the American Federation
of Labor, pointed out some time ago,
that business executives have not the
slightest intention of paying any at
tention to the social consequences OF
productive policies that reap quick
profits unless the control arm of or
ganized society restraints. Mr.. Green
declared, "The only curb that could
be put on employers who are deter
mined to profit by child labor is rati-
fication of the federal amendment to
the Constitution, giving Congress the
responsibility and authority to cope
with the problem" He emphasizes
that interstate compacts will not ac-
complish the same purpose, for, said
he. "Even if the 48 states could agree
upon the same standards, there would
be no national enforcement authority. :
To divert action from ratification of
the Child Labor Amendment to inter-
state compact delays effective action
on this problem, which is of vital i'm
portance to national welfare. The
only way uniformity in child labor
legislation can be secured is through
ratification Of the Federal Child La
Dor Amendment, giving Congress the
power to make laws to meet this sit
uation. 1t is to be hoped, therefore,
that the American Federation OF La
Dor and all other organizations favor
ing the ratification of the amendment
will start active campaigns in the
states that have not yet ratified it te
secure favorable action at the next
meeting of the state legislatures.
The decision of the Supreme Court
proves that the Child Labor Amend
Sc ~.