When we come to deal with the child-labor problem, or, rather, with the
problem of its repression by legislative enactment, we are at once
confronted with a great difficulty that arises out of our political
system rather than out of industrial conditions. The child-labor problem
is a national one, but when we face the question of its solution, we are
handicapped by the division of the country into forty odd states, a
division which makes it almost impossible to deal with any of our great
social and industrial problems nationally upon uniform principles. The
same difficulty exists, of course, in connection with all our social and
industrial problems. We have legislation in the various states of a
conflicting character, adding to the complexity of the problem the
legislators meant to solve. But because this is conspicuously so in the
case of child-labor legislation,—every advance made in the Northern
states serving as a premium upon reaction and delay in the Southern
states,—I have chosen to deal with it in this connection.
[Illustration:
WEIGHING BABIES AT THE MUNICIPAL INFANTS’ MILK DEPOTS (_GOTA DE
LECHE_), MADRID
]
Up to the present time, the advocates of child-labor legislation have,
apparently, shrunk from making any definite proposals upon this
important question, while fully recognizing its tremendous importance.
Sooner or later, if ever our greatest social problems are to be
intelligently dealt with, the question of state rights will have to be
fought out and the paramountcy of the nation in all such matters
established, and I can imagine no better issue for raising that question
than the legislative protection of children. Here, again, we must turn
for guidance and suggestion to the Old World. In Germany they have had
to face a similar problem, the difference being one of degree only, and
they have found a solution which might well be adopted in the United
States. Child labor in Germany is regulated partly by the ordinances of
the federal council and partly by the legislation of the different
states of the Empire. The federal enactments establish a minimum
standard for the whole Empire, and it is specifically provided that each
state may enact more stringent measures as it may desire.[182] It is
difficult to see why this principle could not be applied to the problem
here in the United States, giving us a uniform minimum standard of
legislation throughout the whole country. Such a law should prohibit the
employment of any child under fifteen years of age at any employment
whatsoever, and the employment of any child or young person under
eighteen years of age in all “dangerous occupations” specified by a
federal commission. It would be well, also, to insist upon a certain
educational test up to eighteen years, the test to be made in all cases
by the school authorities.[183]
Public-domain text, read in full here on John Shaqi.
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