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ROANOKE RAPIDS, N. C., February 18, 1916. S. F. PATTERSON,

Shoreham, Hotel, Washington, D. C.: Figures for last available period covering white schools, Roanoke Rapid school district: Census, 1,277; enrollment 732, equals 57.3 per cent of census Average attendance 590, equals 80.6 of enrollment and 46.2 of census. De cember attendance 92 per cent of enrollment. Value of district white-schoc property $45,000. Eight months school term.

A. M. PROCTOR, Superintendent Roanoke Rapids Schools.

ROANOKE RAPIDS, N. C., February 18, 1916. S. F. PATTERSON,

Shoreham Hotel, Washington, D. C.: Figures for last available period covering white schools, Roanoke Rapid: school district: Census, 1,257; enrollment 732, equals 57.3 per cent of census Average attendance, 590, equals 80.6 of enrollment and 46.2 of census. Decem ber, 43 per cent enrollment. Rural districts, 3,422. Average attendance, 59. per cent.

W. A. ERWIN, Treasurer.

DURHAM, N. C., February 18, 1916. S. F. PATTERSON, Chairman,

Hotel Shoreham, Washington, D. C.: Only one mill community in each of Davie and Harnett Counties. Davie County official figures last year show enrollment, mill community, 453; average attendance, 623 per cent enrollment. Rural districts, 2,155 ; average attendance 641 per cent. Latest accurate Harnett County figures obtainable are, sessior1911-12, mill-community enrollment, 407; average attendance, 75 per cent. Over 1,500 scholars in Belton, Williamston, Gluck, Pelser, Piedmont (all in Anderson County) mill schools. Average attendance, 66 per cent. Three rural schools in Anderson County, over 400 enrolled. Average attendance, 57 per cent.

ELLISON A. SMYTH.

GREENSBORO, N. C., February 17, 1916. S. F. PATTERSON,

Washington, D. C.: Enrollment, Proximity and White Oak schools for January, 863. Average daily attendance, 743; per cent attendance, 86.

BERNARD M, CONE, Treasurer.

ROANOKE RAPIDS, N. C., February 18, 1916. S. F. PATTERSON,

Shoreham Hotel, Washington, D. C.: Figures for last available period covering all rural schools, both races, Halifax County: Census, 9,673'; enrollment 6,624, equals 66.2 per cent of census. Average attendance 3,400, equals 35.1 per cent of census and 51.3 per cent of enrollment. School property, $39,300.

A. E. AKERS, County Superintendent Public Instruction.

ROANOKE RAPIDS, N. C., February 18, 1916. S. F. PATTERSON,

Shoreham Hotel, Washington, D. C.: Figures for last available period covering all rural white schools, Halifax County: Census 2,307; enrollment 1,698, equals 73.7 per cent of census. Average attendance 1,146, equals 67.5 per cent of enrollment and 49.5 per cent of census. Value of rural white school property, $27,000. Six months school term.

A. E. AKERS, County Superintendent Public Instruction.

ROANOKE RAPIDS, N. C., February 18, 1916. Hon. E. D. SMITH,

Interstate Commerce Committee of Senate, Washington D. C.: Having been superintendent Roanoke Rapids graded schools for seven years ending June 30, 1915, now superintendent Halifax County schools, I find conditions and advantages much better in Roanoke Rapids than in rural communities.

A, E. AKERS, Superintendent Halifax County Schools.

Mr. PATTERSON. I should like to read this one. This is from Mr. A. M. Proctor, superintendent of Roanoke Rapids School:

Figures last available period, covering white and colored schools, Roanoke Rapids School district census, 1,412; enrollment, 822; equals 58.2 per cent of census. Average attendance, 634;, equals 77.1 per cent of enrollment and 45 per cent of census. Value school property, $46,000.

They have an eight months' school term.

Mr. SWIFT. I simply rise to call attention to the fact that the telegram reports the average daily attendance as based on the enrollment. The figures I gave were the average daily attendance as based on the school census. I simply want to call attention to that difference.

Mr. PATTERSON. I had a mass of these telegrams. My telegram to these different people was a request that they state the average daily attendance and the enrollment. I should like to file these with the committee.

Dr. McKelway read an article about the ventilation in the cotton mills. I am going to take but a very few minutes of your time on that subject. I wish to say, though, that the ventilation and the heating in the cotton mills at Roanoke Rapids are more scientifically controlled, both as to temperature and humidity, than the atmosphere in this room right now.

Senator CLAPP. Can you not give us a better comparison than that?

Mr. PATTERSON. I will say that it is automatically controlled, both as to humidity and moisture, and in the winter time hot air is blown through the rooms and in the summer time cold air.

Now, in regard to the statement Mr. McKelway made as to the disposal of the sewage, I will say that in our town of Roanoke Rapids, both as to the people at the mills and the people who live outside of the mills, they have sanitary closets, such as designed by the Government, and made positively sanitary and fly proof in every respect. He also said that the child labor was employed because it is cheap labor. I want to disabuse your minds of that. Child labor is not cheap labor in any sense of the word. A child 15 years old is paid so much per side per hour, or so much per side per day, as the case may be. It is not cheap labor. It is simply that the child is doing work that is suited for the child and not suited for adults. That sort of work is not suited for an adult any more than plowing is suited for a child. There is a difference.

In regard to what was said about the violation of the law in North Carolina, I want to say truthfully that I do not know of a single case of violation of law in North Carolina. Up to a few years ago I think probably there were some violations, and probably there are some now, but if there are I do not know them, and I know

there are none at my place, because the youngest child is 13 years and 11 months old, and the next youngest child was 14 years old the 16th of December. I know the children by name and I know exactly how old they are, so they are certainly not children working below the legal age limit.

I do not think there is very much more to say, except that I want to renew the invitation for the committee to come as our guests South and look at these mills. There is no use for me to take up your time.

I do not think there is any special point to be answered. I should like, though, to add that Dr. McKelway is mistaken about the manufacturers in North Carolina, and the gentleman who appeared before you here, Mr. Ruffian, was one who mentioned our name especially, stated we were opposing inspection. I wish to say that we went before Gov. Cregg at the last meeting of the legislature and said we would not oppose inspection if it were put under the charge of the superintendent of public instruction. We looked at in this way—that if a child is too young to labor, that is, to legally labor, it does not come under the Department of Labor at all; it comes under the superintendent of public instruction, especially so if there is a compulsory education law. So we said if it was put under that department we would not object to it.

I should also like to file-I think it has not been done—a copy of the resolutions that were passed at the last June meeting of the North Carolina Cotton Association.

Mr. KITCHIN. You might read that, Mr. Patterson.
Mr. PATTERSON (reading):

At the last meeting of the North Carolina Cotton Manufacturers' Association, June, 1915, the following resolutions were adopted :

"Resolved, First. That this association pledge itself to encourage a faithful compliance with the child-labor laws of the State.

“Second. That we respectfully request every superior court judge in this State to instruct the grand jury in each of his courts to investigate and return all violations of said laws coming within his knowledge.

“ Third. That we ask every county superintendent of education to report, and every solicitor in this State to prosecute, all violations of said laws known or reported to him.

“Fourth. That this association continues to sincerely recommend both scholastic education and practical training, and condemns idleness as the greatest curse of civilization. It regards with great pride the compulsory school attendance law which this association unanimously recommended and supported; and this association again earnestly advises that the age limit of said school law be raised to 13 years, and that it be rigidly enforced by the local authorities.

“ Fifth. That a copy of these resolutions be sent to every manufacturer, and to every judge, solicitor, and county superintendent of education in this State."

The ACTING CHAIRMAN. Is there anything further?
Mr. PATTERSON. No; I think not.

(Thereupon, at 5 o'clock p. m., the committee adjourned until Monday, February 21, 1916, at 10 o'clock a. m.)

INTERSTATE COMMERCE IN PRODUCTS OF CHILD LABOR.

MONDAY, FEBRUARY 21, 1916.

COMMITTEE ON INTERSTATE COMMERCE,

UNITED STATES SENATE,

Washington, D. C. The committee met at 10 o'clock a. m. pursuant to adjournment.

Present: Senators Newlands (chairman), Smith of South Carolina, Pomerene, Robinson, Clapp, Cummins, Lippitt, Townsend, and Poindexter.

The committee resumed the consideration of the bill S. 1083, to prevent interstate commerce in the products of child labor, and for other purposes.

The CHAIRMAN. We will now hear Mr. Emery.

STATEMENT OF JAMES A. EMERY, ESQ., ATTORNEY, WASHING

TON, D. C.

Mr. EMERY. Mr. Chairman and gentlemen of the committee, I appear on behalf of the National Association of Manufacturers, an organization consisting of some 4,000 members operating manufacturing establishments in substantially 35 States of the Union.

I realize in approaching the discussion of a subject of this character one is peculiarly liable to misconception, misapprehension, and even misrepresentation of one's position with respect to it.

The membership of the National Association of Manufacturers, so far as we can ascertain, does not include, among the two and onehalf million employees engaged in the establishments which its members operate, but comparatively few persons below 16. Our membership would be little affected by the provisions of this measure with respect to the age limit of children, but there is no member of the association, who, as a manufacturer, or as a citizen of the United States, does not believe he would be very seriously affected, especially in the future, by the principle of control here asserted and by the policy proposed, as well as by the form in which this measure is cast.

I assume, in discussing the measure, that it is not predicated upon the theory that the mere employment of a child is an evil in itself. Otherwise it would--and the laws of all States would-properly exclude from employment all children; whereas not only does it permit the employment of children of any age at some occupations, examining the proposal from that angle, but among the occupations 27896-16-16

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obviously excepted are those in which the far greater number of children, who work at all in the United States, are employed.

I assume that the evil of child labor lies in the employment of children of an improper age, or at improper occupations, or for too great a period of time, or while in improper physical condition, or where the operation of such employment excludes opportunity for education and such other circumstances as evidence the judgment of the various States in the numerous statutes regulating this subject.

In that connection I beg to call the attention of the committee to the fact that the regulation of child labor, like that of many other things to which the police power of the States has been and is constantly applied, is a subject necessitating familiarity with many conditions essentially local in their nature. This is demonstrated by the great number of exceptions and variations which appear in the legislation of all the States. Even Congress, when exercising its own discretion in an unquestioned jurisdiction—the regulation of child labor in the District of Columbia--found it necessary to except from the operation of the age limit the children employed by itself in the Senate of the United States.

The members of our association believe that the necessary effect of the principle of regulation proposed in this bill is, by virtue of the practical circumstances of commerce, to substantially substitute the commercial power of Congress for the police power of the States in dealing with all local circumstances of production. It is estimated by persons familiar with our industry and commerce that substantially somewhere between 80 and 90 per cent of the commodities produced in this country are consumed outside of the States in which they are produced. If Congress, under the commerce power, can regulate the conditions under which an article is to be produced that is to go into commerce, it substitutes its authority, practically speaking, not only for the police power of the various States themselves, but for the supervising judgment of boards of aldermen in every industrial community, and by the policy and principle of control proposed “many an error, by the same example, may creep into the State."

I do not question, and I am sure that no lawyer does, that there is a domain in which Congress can unquestionably exert complete control over the regulation of all the conditions of labor. I refer not only to the Territories and the District of Columbia, the government of which is exclusively vested in it, but to those cases which clearly vindicate the powers of Congress under the commerce clause to regulate the hours of labor of persons actually engaged in interstate commerce while so engaged and operating instrumentalities of such commerce. That, of course, includes not only the whole field of interstate railroad operation, but telephone, telegraph, and such other interstate carriers while clearly within the operation of that principle. It seems to me very clear that a messenger boy, for instance, engaged in the delivery of an interstate telegraphic message from the office where it is received, is an instrumentality of commerce. No attempt whatever is made in this measure to exert that unquestioned power within that unquestioned jurisdiction.

Now, if you will permit me, before proceeding to examine the prin ciple of control itself, I beg to direct your attention to the terms of this measure. It is a highly penal statute.

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