Indianapolis Times, Indianapolis, Marion County, 18 June 1937 — Page 19

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FRIDAY, JUNE 18, 1937

NEW SECTION 7A MAY TEST CHILD LABOR DECISION

Wage-Hour Bill Contains Same Words as Law Court Killed.

.By RUTH FINNEY

imés Special Writer WASHINGTON, June 18.—Section 7a of the wage-hour bill may become as famous as did Section Ta of NIRA. NIRA's| Ta provided that every

code of fair competition should contain a guprantee of labor’s right to bargain cpllectively. It led to some st bitter controversies of Out- of it grew

in its present form, its probably will be the basis of court action to test the act’s constitutionality. For it includes the same wording used in the childwhich the Supreme Court killed in| 1918.

Holmes Dissent Recalled

The new Section 7a would make it unlawful to ship in interstate commerce any unfair goods—that is, goods on which any worker has been employed under substandard labor conditions as defined in the bill.

When Congress undertook two decades ago to stop shipment of goods produced by child labor, the Court said “no” in a five-four decision. Judge Oliver ‘Wendell Holmes wrote the dissent. Robert H. Jackson, Assistant Attorney General, told the Senate and House Labor Comniittee this month that Section 7a was included in the wage-hour bill becquse of a conviction “that the experience of the past 20 years has demonstrated the wisdom and soundness of Mr. Justice Holmes’ view of the/commerce clause, and that that view will now prevail with a majority of the Supreme Court.”

Rehearin Urged

To hold the entire wage-hour bill constitutional the| Supreme Court would have to reverse its own childlabor decision, but Mr. Jackson points out that| every condition which led the Court this year to reverse its earlier minimum-wage decision “with equal force renders not only appropriate but imperative fresh considerati on of the childlabor decision.” Only two justices who participated in the child-labor decision—in the Hammer vs. Dagenhart case—are still on the bench. They are Justices McReynolds, who voted with the majority, and Brandeis, who voted with the minority.

Discussing the matter with the joint committee, Mr. Jackson said: “We owe it to our times to challenge the perversion of our Constitution injected Into our law by the child-labor decision. We should give the courts a chance to remove this blemish from our judicial history.” But even if the Court declines to reverse the old decision the wagehour bill, as now written, provides two more methods of controlling interstate commerce in unfair products. It provides for control in the way prison-made goods are now controlled—by making it unlawful to transport them into any state in violation of any state law on the subject. This method would require passage of labor legislation in each state, but the principle on which it is based has already been sanctioned by the Supreme Court. The third alternative, for which other legal precedents exist, makes it unlawful to employ under any substandard labor condition any worker engaged in interstate commerce or in production of goods intended for such commerce.

CHAIN STORE SALES

INCREASE IN MAY

uy United Press NEW YORK, June 18.—May sales of 27 chain store companies; including two mail order houses, rose i: .89 per cent over the correspond= g 1936 month, a compilation made id Merrill, Lynch & Co. revealed toy. Sales aggregated $262,419,546 compared with $228,407,478 in May, 1936. In the first 5 months this year sales of these companies amounted to $1,128,100,063, a gain of 14.85 per cent over the corresponding period of 1936 when sales aggregated $982,231,528. | Of the 27 companies used in the ‘compilation, the one auto supply chain showed the greatest increase for both the May and five months period, while the next largest gain was made by the two mail order companies. .

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‘Iron Lung’ Patient to Be Taken From Ship to Train Tomorrow

His Life Depends on Careful Preparations for Transfer in Portable Respirator.

By United Press AN FRANCISCO, June 18.—The life of Frederick Shite Jr., Chicago, depended today upon the careful preparations for removing him from a liner to a pullman car for a trip home for treatment. One slip and he may die, physicians said. They believe that he could live possibly five minutes out of the artificial respirator that has kept him alive since he was : stricken with infantile paralysis be in a second car. A baggage on a world cruise more than a | car hooked onto the train will year ago. contain a spare respirator, air Today the preparations were | conditioning machines, an extra complete. The S.S. President | power plant for the respirator and Coolidge, en route from the Ori- | 1500 pounds of ice. -To effect the ent, will dock here tomorrow | move from ship to train, the latter morning. Aboard it is the youth | will be backed onto the dock. who celebrated his 28th birthday tine obmsinaseioss——

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respirator. Carried by burly long- |. . : ] shoremen clad in white hospital ident’s mansion at Indiana Uni

garb and masks, the youth will be versity after his resignation be- |

taken on a stretcher to a Pullman [comes effective June 30. gar, Shers ue gs fe ajendy University officials said that while as been set up. e will be place : ommicd back in the respirator that forces he Pe Hutte he hogs, Dr air into his lungs. yan made a stantial investment The train, specially equipped for in it during his 38 years as presithe trip, will leave here at 8 p. m. |dent. Dean Herman B. Wells, Aboard the special car with Mr. |named acting president, is to retain Snite will be 10 nurses and a doc- | his present residence off the camtor. His family and friends will | pus,

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