Child Labor in City StreetsClopper, Edward Nicholas
History
Child Labor in City Streets
Clopper, Edward Nicholas
Child labor
The economic activities of children in city streets, commonly called
street trades, are not specifically covered by the provisions of child
labor laws except in the District of Columbia and the states of
Massachusetts, Missouri, New York, Oklahoma, Colorado, Utah, Nevada,
New Hampshire and Wisconsin. The laws of many other states as well as
of those mentioned, however, prohibit children under fourteen years of
age from being employed or permitted to work in the distribution or
transmission of merchandise or messages. If newspapers are
merchandise, then children under fourteen years would not be allowed
to deliver newspapers under the provision just stated. This raises a
nice question as to what is included in the term "merchandise." That
there is any distinction between newspapers and merchandise is
practically denied by the street-trades laws of Utah and New
Hampshire which provide that children under certain ages shall not
sell "newspapers, magazines, periodicals or _other_ merchandise in any
street or public place"; the question of delivery, however, is left
open by these laws. The Court of Appeals of the District of Columbia,
in the case of District of Columbia _vs._ Reider, sustained the
juvenile court of the District in its decision that newspapers are not
merchandise and consequently that children under fourteen years of age
engaged in delivering newspapers are not affected by the law.[140] The
judge of the trial court stated in his opinion, "No one will seriously
contend that the nature of the employment in the case at bar is at all
harmful to the child." The case at bar was the prosecution of a route
agent for a morning newspaper on account of having employed a minor
under fourteen years of age to deliver newspapers. This opinion is
typical of the misplaced sympathy so commonly bestowed upon these
young "merchants" of the street. In the case cited, the court
permitted itself to be drawn aside into an interpretation of the
letter of the law instead of viewing the matter in the light of its
spirit. The purpose of such a law is to _prevent the labor_ of
children, not to distinguish between closely related forms of labor.
Its object is to afford protection, not to provoke discussion of
purely technical points. The _labor_ of delivering merchandise does
not differ in any respect from the _labor_ of delivering newspapers
(the possibly greater weight of merchandise does not alter the case,
inasmuch as it is usually carried about in wagons); and as the child
labor law of the District of Columbia forbids the delivery of
merchandise by children under fourteen years at any time, it follows
that the delivery of newspapers by such children should not be
allowed, because the intent of the law is to protect them from the
probable consequences of such work. Moreover, the District of Columbia
law prohibits children under sixteen years from delivering merchandise
before six o'clock in the morning; yet, under the interpretation given
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