Indianapolis Times, Indianapolis, Marion County, 6 August 1936 — Page 7
1n 1 Ni
FOR STATE BAN
~ ON CHILD LABOR
Writer Recalls Action of Court in Ohio Prison Goods Case.
BY HERBERT LITTLE Times Special Writer WASHINGTON, Aug. 6.—A states’ rights method of checking child labor, or even excess hours of work for adults, was proposed today by former State Senator John Chambliss of Tennessee,
My: Chambliss, writing in the July issue of State Government, suggested that the method used by Ohio to shut out prison-made goods, thereby discouraging Alabama's prison factory industry, could be applied in
"other fields.
He pointed out that the Supreme Court last spring unanimously upheld a penalty imposed on the Ohio merchant for selling prison-made goods from Alabama. He also cited four other decisions indicating Supreme Court approval of his method.
The method is this: First get Congress to pass .a law divesting certain products, or products made in a certain way, of their interstate commerce protection wherever the states into which they are brought for sale pass laws prohibiting them. Then get the states to pass such laws. This, it is argued, will discourage such practices.
Merchant’s Conviction Upheld
Congress in 1920 passed the Hawes-Cooper Act, applying to prison-made goods. Ohio in 1933 passed a law against such goods. Last spring the court, sitting on the case of Asa G. Whitfield vs. Ohio, involving 72 work shirts, upheld a fine imposed on the merchant. “Congress and the states, acting together, can confrol manufacturing methods which affect commerce between the states,” said Mf. Chambliss in analyzing the court’s decision. “Conditions under which a work shirt is produced may be regulated. The forbidden article need not be harmful in itself. It appears clear that a state may, with congressional consent, reach out into another state and control the conditions under which goods for exportation are made, though the goods are not harmful in themselves.” . Mr. Chambliss denied that the court’s decisions have established
a “vacuum” in which _neither state |.
nor Federal government may regulate industry.
Other Decisions Recalled
The other decisions cited to bear out this thesis, as expounded by Mr. Chambliss, are: 1. In one of the New York milk cases, Justice Benjamin N. Cardozo held that the state could not fix prices on milk imported fiom outside the state, and suggested that
New York could not protect itself |§
. without congressional consent. “Thus he implied that protection could be secured with that ‘consent,’ “the article said. 2. In the “hot oil” decision of 1935, Chief Justice Hughes is said to have “significantly assumed that Congress might place a limit (on interstate shipments), dependent upon state quotas” Mr, Chambliss said this decision is clear recognition that “there is an open question as to the power of the Congress to collaborate with a state in order that controls may be exercised through joint ac-
tion.” Whisky Case Is Cited
3. In a 1917 whisky case, Chief Justice White ruled that a railroad was justified in rejecting interstate shipments because a state law fore bade importing of whisky, and because Congress had removed the interstate commerce immunity. 4. In 1889, the court declared that whisky brought into a state could be sold in the original package, in violation of a state law requiring a license for such sales, but the court “hinted that Congress might remove the protection of interstate commerce.” . “This plan,” MT. Chambliss said, “can be tried without fuss” and ment. & constitutional , amendmen
TRAFFIC IS SNARLED WHEN TRAILER SKIDS
Power Lines Fall to Street After Pole Is Struck.
Traffic was snarled for more than an hour near Rural and Michigansts yesterday when a city dump trailer skidded into a street car power pole, knocking it over and dropping power lines to. the street. oe ue wg hing gm 8 ver, a p for the intersection he said.
but the fourth trailer buckled and be
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