Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
As to children there is, of course, no question. Laws limiting their
labor are perfectly constitutional, and some child-labor laws exist
already in all States and Territories except Nevada. The only dispute
on the child-labor question is whether such legislation should be
Federal, or rather whether the Constitution should be so amended as to
make Federal legislation possible. Practically this would meet with
a very much wider opposition than is commonly supposed. The writer,
acting as chairman of the National Conference of Commissioners on
Uniformity of Legislation appointed under laws of more than thirty
States of the Union and meeting in Detroit, Michigan, in 1895, brought
this matter up under a resolution of the Legislature of the State of
Massachusetts requesting him to do so. Nearly every Southern delegate
and most of those from the West and from the Middle States were on
their feet at once objecting, and the best he could do was to get
it referred to a committee rather than have the Commonwealth of
Massachusetts summarily snubbed. This committee, of course, never
reported.
Undoubtedly climatic effects, social conditions, and dozens of other
reasons make it difficult, if not unwise, to attempt to have the same
rules as to hours of labor in all the States of our wide country. Boys
and notably girls mature much earlier in the South than they do in
the North; schooling conditions are not the same, homes are not so
comfortable, the money may be more needed, the general level of
education is less. Doubtless there are still areas in the South where
on the whole it is better for a child of fourteen to be in a cotton
mill than anywhere else he is likely to go, schools not existing. The
Southern delegates resented interference with their State police power
for these reasons. The Massachusetts Legislature, on the other hand,
had in mind the competition of Southern mills, with cheap child labor,
quite as much as any desire to benefit the white or negro children
of the South; but the writer's experience convinced him that a
constitutional amendment on this point is impossible, although one has
been repeatedly proposed, notably by the late Congressman Lovering of
Massachusetts, and such an amendment is still pending somewhere in
that limbo of unadopted constitutional amendments for which no formal
cemetery seems to have been prepared.
Even as to men, the labor of the Southern States is notably different
from the labor of Lowell or Lawrence, Massachusetts, or even
Cambridge; while on the Panama Canal or in most tropical countries the
ordinary laborer likes to pretend that he is working eighteen hours
a day, although most of the time is spent in eating or sleeping.
Nevertheless, under the Federal law, all employees at Panama have
to be given the eight-hour day required by the Federal statute, the
Supreme Court having upheld that act as constitutional.
Public-domain text, read in full here on John Shaqi.
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