CHILD-LABOR AMENDMENT TO US Congress HEARINGS BEFORE A SUBCOMMITTEE OF THE Senate COMMITTEE ON THE JUDICIARY, UNITED STATES SENATE SIXTY-SEVENTH CONGRESS FOURTH SESSION ON S. J. Res. 200, S. J. Res. 224, S. J. Res. 232, JOINT RESOLUTIONS PROPOSING AN AMENDMENT TO ' 27799 Printed for the use of the Committee on the Judiciary WASHINGTON GOVERNMENT PRINTING OFFICE 1923 COMMITTEE ON THE JUDICIARY. KNUTE NELSON, Minnesota, Chairman. WILLIAM P. DILLINGHAM, Vermont. CHARLES A. CULBERSON, Texas. SIMON MICHELET, Clerk. SUBCOMMITTEE ON SENATE JOINT RESOLUTIONS 200, 224, 232, 256, AND 262. SAMUEL M. SHORTRIDGE, California, Chairman. U3A4. CHILD-LABOR AMENDMENT TO THE CONSTITUTION. WEDNESDAY, JANUARY 10, 1923. UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met, pursuant to call, in the Immigration Committee room, the Capitol, at 10 o'clock a. m., Senator Shortridge presiding. Present: Senators Shortridge (chairman), Colt, and Walsh of Montana, members of the subcommittee; also Senators McCormick, Johnson, and Lodge. Senator SHORTRIDGE. The committee will please come to order. The subcommittee of the Senate Committee on the Judiciary, the subcommittee being made up of Senator Colt, Senator Walsh of Montana, and myself, is now met to consider Senate Joint Resolution 200, introduced by Senator Johnson on April 20, 1922, which will be carried into the record. Also Senate Joint Resolution 224, introduced on April 20, 1922. by Senator Townsend, which will be carried into the record. Also Senate Joint Resolution 232, introduced by Senator McCormick on April 20, 1922, which will also be carried into the record. Also Senate Joint Resolution 256, introduced by Senator Lodge on December 13, 1922, which will also be carried into the record. Also Senate Joint Resolution 262, introduced by Senator Walsh of Montana, on December 27, 1922, which will also be carried into the record. (Senate Joint Resolution 200, Senate Joint Resolution 224, Senate Joint Resolution 232, Senate Joint Resolution 256, and Senate Joint Resolution 262 are as follows:) [S. J. Res. 200, Sixty-seventh Congress, second session.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following amendment to the Constitution of the United States is hereby proposed, under and by virtue of which Article X shall read as hereinafter set forth, which, when ratified by the legislatures of three-fourths of the several States, shall be valid as part of the Constitution, to wit: 66 "ARTICLE X. 66 STATE RIGHTS. SECTION 1. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people: Provided, however, That the Congress shall have power to regulate or prohibit throughout the United States the employment of children under eighteen years of age." [S. J. Res. 224, Sixty-seventh Congress, second session.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: 1 "ARTICLE "The Congress shall have power to regulate the employment and the hours of labor and conditions of employment of persons under eighteen years of age." [S. J. Res. 232, Sixty-seventh Congress, second session.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relative to child labor. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which, when ratified by the legislatures of threefourths of the several States, shall be valid to all intents and purposes as a part of the Constitution: "ARTICLE "The Congress shall have power to limit or prohibit the labor of persons under eighteen years of age, and power is also reserved to the several States to limit or prohibit such labor in any way which does not lessen any limitation of such labor or the extent of any prohibition thereof by Congress. The power vested in the Congress by this article shall be additional to and not a limitation on the powers elsewhere vested in the Congress by the Constitution with respect to such labor." [S. J. Res, 256, Sixty-seventh Congress, fourth session.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: 616 ARTICLE "The Congress shall have power to prohibit or to regulate the hours of labor in mines, quarries, mills, canneries, workshops, factories, or manufacturing establishments of persons under eighteen years of age and of women." [S. J. Res. 262, Sixty-seventh Congress, fourth session.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which, when ratified by the legislatures of three-fourths of the several States, shall be valid to all intents and purposes as a part of the Constitution: "ARTICLE "The power of the Congress to regulate commerce among the several States shall be held to embrace the power to prohibit the transportation in interstate commerce of commodities being the products of any employer of child labor." Senator SHORTRIDGE. The committee thinks it will be helpful to all parties interested if we here carry into the record, as we shall, the first so-called child labor act of Congress. We will then have carried into the record, immediately following, the decision of the Supreme Court of the United States in respect of that act. Then we will carry into the record the next or second child labor act, to be followed by the late decision of the Supreme Court bearing upon that act, so that the committee and all parties may have these matters, the several resolutions, laws and decisions, before them. These will be read into the record, as follows: [PUBLIC NO. 249-64TH CONGRESS.] [H. R. 8234.] AN ACT To prevent interstate commerce in the products of child labor, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no producer, manufacturer, or dealer shall ship or deliver for shipment in interstate or foreign commerce any article or commodity the product of any mine or quarry, situated in the United States, in which within thirty days prior to the time of the removal of such product therefrom children under the age of sixteen years have been employed or permitted to work, or any article or commodity the product of any mill, cannery, workshop, factory, or manufacturing establishment, situated in the United States, in which within thirty days prior to the removal of such product therefrom children under the age of fourteen years have been employed or permitted to work, or children between the ages of fourteen years and sixteen years have been employed or permitted to work more than eight hours in any day, or more than six days in any week, or after the hour of seven o'clock postmeridian, or before the hour of six o'clock antemeridian: Provided, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any article or commodity under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such article or commodity before the beginning of said prosecution. SEC. 2. That the Attorney General, the Secretary of Commerce, and the Secretary of Labor shall constitute a board to make and publish from time to time uniform rules and regulations for carrying out the provisions of this Act. SEC. 3. That for the purpose of securing proper enforcement of this Act the Secretary of Labor, or any person duly authorized by him, shall have authority to enter and inspect at any time mines, quarries, mills, canneries, workshops, factories, manufacturing establishments, and other places in which goods are produced or held for interstate commerce; and the Secretary of Labor shall have authority to employ such assistance for the purposes of this Act as may from time to time be authorized by appropriation or other law. SEC. 4. That it shall be the duty of each district attorney to whom the Secretary of Labor shall report any violation of this Act, or to whom any State factory or mining or quarry inspector, commissioner of labor, State medical inspector, or school-attendance officer, or any other person shall present satisfactory evidence of any such violation to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay for the enforcement of the penalties in such cases herein provided: Provided, That nothing in this Act shall be construed to apply to bona fide boys' and girls' canning clubs recognized by the Agricultural Department of the several States and of the United States. SEC. 5. That any person who violates any of the provisions of section one of this Act, or who refuses or obstructs entry or inspection authorized by section three of this Act, shall for each offense prior to the first conviction of such person under the provisions of this Act, be punished by a fine of not more than $200, and shall for each offense subsequent to such conviction be punished by a fine of not more than $1,000, nor less than $100, or by imprisonment for not more than three months, or by both such fine and imprisonment, in the discretion of the court: Provided, That no dealer shall be prosecuted under the provisions of this Act for a shipment, delivery for shipment, or transportation who establishes a guaranty issued by the person by whom the goods shipped or delivered for shipment or transportation were manufactured or produced, resident in the United States, to the effect that such goods were produced or manufactured in a mine or quarry in which within thirty days prior to their removal therefrom no children under the age of sixteen years were employed or permitted to work, or in a mill, cannery, workshop, factory, or manufacturing establishment, in which within thirty days prior to the removal of such goods |