New Britain Herald Newspaper, August 7, 1916, Page 3

NEW, BRITAIN DAILY HERALD, MONDAY, AUGUST 7, 1 916. Boston Store WEDNESDAY MORNING At 8:30 We Offer These Items 88 House Dresses and Kimonos That are slightly water- stained, caused by leakage in the rear of our store, other- wise the goods are perfect, and will be all right after washing. 58 HOUSE DRESSES Were 98¢, $1.00 and $1.25 Choice 50c Each 12 KIMONOS Were 38¢, 42c and 50c Choice 25¢ Each 18 KIMONOS Were 15¢ and 25¢ Choice 10¢ Each Store Closes at 12:15 on ‘Wednesdays. PULLAR & NIVEN WIMBORNE RETURNS 10 POST IN ERIN Lord Re-appointed Lord Lieuten- ant Following Resignation London, Aug. 7.—Baron Wimborne has been reappointed Lord Lieutenant of Ireland. Lord Wimborne succeeded the Earl of Aberdeen as Lord Lieutenant of Ireland in 1915, the appointment dat- ing from Feb. 17 of that year. His occupancy of the position was with- out incident until the outbreak of the revolt in Dublin last April, for which he was at first held to blame, and tendered his resignation in conse- quence. Before the royal commission, under Baron Hardinge was appointed to in- quire into the Sinn Fein uprising, with some spirit disclalmed any responsi bility for the failure of the authorities to guard against it. He sald that since the chief secretary for Ireland, Augustine Birrell, had dislodged the lord lieutenant in the cabinet the lord lieutenant’s powers had been entirely usurped by the chief secretary and the under secretary, his own func- tions being confined to unsolicited ad- vice and energetic which he said had been ignored. He wasg exonerated by the royal commis- sion, who placed the blame squarely on the chief secretary, with the re- sult that Mr. Birrell stepped dow and out. Lord Wimborne's resigna representation, | BRANDEGEE OPPOSES BILL TO ABOLISH CHILD LABOR Senator From Connecticut G iven Warm Reception By Borah When He Expressed Opinon Congress Will Go Step Too Far (Special to the Herald.) Washington, Aug. 7.—The first speech by a republican senator made against the child labor bill in the sen- ate was delivered by Senator Brande- gee of Connecticut. He made an ar- gument against the measure as being unconstitutional, according to his view of the organic law as interpreted by the decisions of the courts. He said that the white slave law went the limit in extending the powers of the federal government under the inter- state commerce clausee of the consti- tution. The child labor bill would go beyond the limit, he said. This bill proposes to exclude from interstate commerce the products of factories where child labor has been employed within thirty days. The mensure is favored by a vast majority of the senate on both sides of the par- ty dividing line. It was included in the democratic legislative program be- cause President Wilson declared for it and the republican politicians in the senate sought to make a political issue of it. Mr. Brandegee’s remarks were enlivened by tilts with Senator Borah of Idaho, a republican, who is author of the law under which the federal children’s bureau is operating, and one of the most enthusiastic support- ers of the child labor bill. Mr. Borah had just delivered a lengthy speech in the senate in favor of the latter mas- ure when Senator Brandegee took up the cudgels for the opposition. This is what the Connecticut senator said and what the Idaho senator said in the middle of the Brandegee speech: Arrived at the Limit. Mr. Brandegee. Mr. President, one remark made by the senator from Idaho as he took his seeat induces me to say a word or two, very briefly. The senator from Idaho says there must be a limit some- where to the exercise by congress of the powers which it is now attempt- ing to exercise, under the authority of the commerce clause of the constitu- tion, to regulate commerce among the states. I hope there is a limit. I rather think we have arrived at that limit already. If we pass this bill, I think we shall have exceeded the limit. I do not think the power to regu- late commerce among the states given to the congress with any idea of its being used to bring about the cor- rection of evils within the states that could be corrected by the states them- selves. My notion about the cause that led the delegates to the constitutional convention out of which the union was formed to give to congress the power to regulate commerce among the sev- eral states and foreign nations is that it was in order that the channels of interstate communication might be kept open and in order that one state might not, at the expense of the other states, prohibit the use of the high- wavs and the navigable rivers of the state to other states. Mr. President, this bill does not pu port, of course, either upon its face or in the utterances of its advocates, to be a regulation of commerce. The testimony before our committee was that it was an attempt to regulate the hours during which children might be employed in the several states and the ages at which they might be employed. Tt was only a regulation of commerce when the people who thought that cer- tain states had not adopted laws rela- tive to the labor of children as strict as they should be thought they could compel those states to pass laws to their satisfactian, not by regulating commerce but by prohibiting com- merce of that state with any other state. I suppose it will be said that, of course, the power to regulate may include the power to prohibit. That may be so as an extreme definition | but T think it would behoove congress, when it exercises the power to regu- | late commerce, to legislate honestly, | with an honest intent to what it | pretends to be doing. | " Mr. President, if congress, under the was do tion was not accepted by the cabinet Under Mr. Lloyd George's proposal the provisional government of and by a home rule parliament during the war, which was accepted by the nationalist leader John Red- mond and by Sir Edward Carson for the men of Ulster, the castle govern- ment, which Premier Asquith had charaoterized as hopelessly inadequate would have been abolished. John Redmond’s refusal to accept any modification of the agreement reached with Lloyd George has apparently left the premier no alternative but 1o re- vert to the ancient system, pending a settlement of the whole question of the government of Treland by the im- perial conference to be held after the war to regulate the affairs of the em- pire in general. In this conference all the self-governing dominions will take part. A. B. JOHNSON, D. D. S. DENTIST Nattonal Bank Bldg Open Evenings. authority to regulate commerce among the states, can say that no goods shall | be transported out of a state Into an- other state which wer made in a factory where a child was employed | more than a certain number of hours | per day or under a certain age, on the | ground that public sentiment favors the protection of children and the im- | provement of their condition, it seems i to me that inasmuch as there is a great prohibition movement in the | country, and a great many people think that the race would be elevated if they were total abstainers from al- coholic beverages, it would be equally within the power of congress to say that no article should be carried be- vond the borders of any state if it were manufactured in an establish- ment where any liquor was consumed by any of the employees. A great many people think that it is the sentiment of the country, and the better sentiment, as they say, that woman suffrage should be established. If congress can pass this law, 1t will soon be thinking that it could pass a ding that no goods should LEONARD & HERRMANN CO. Special Wednesday Morning Attractions Dainty Night Gowns 69¢ each REGULAR $1 VALUES—Made of neck and short sleeve models, eff eries and fine laces—all cut on ne quality nainsook in low ectively trimmed with neat embroid- full generous lines. Pretty Dressing Sacques 35¢ each VALUES UP TO $1 EACH— A manufacturer’s sample line, made of dainty washable materials—neat styles—in sizes 36 to 38. The Women’s New Apparel Shop— No. 165 Main St. be exported from any state that did not give equal suffrage to its citizens. As the senator from Idaho says, there must be some limit; but seeing through the glass darkly, and into the twilight zone, there seems to me to be no more impassable gulf between the child-labor bill and the bills which would provide for such subjects as I have just indicated than there is be- tween the child-labor - bill and the bills about which the decisions have been read recently. Mr. Smith of Georgia. I only want- ed to remind the senator that in 1907 the judiciary committee of the house republicans and democrats, unani- mously reported most vigorously that the limit was passed before legisla- tion of this kind was reached. Mr. Borah. Does the Senator think that the question of suffrage would in any way relate to the subject of commerce? Mr. Brandegee. No; any more than the regulation of the hours that child- ren work in mills relates to the sub- ject of interstate commerce; not a bit. Mr. Borah. Not a mit more; does he think it does as much? Mr. Brandegee. Just as much; to my mind, exactly as much. I think the hours which children labor in the local mills and factories and mines of a particular State is as un- related to commerce among the States as the hour at which the Senator from Idaho is accustomed to get his lunch. but Borah Comes Back. Of course if the Sena- tor views it in that light—if the Senator thinks the employment in factories of children of the age of 8 and 10 years working all hours of the day and under all conditions, is not a matter about which the Natignal Government is in any way concerned; if he thinks it is not a question which in any way concerns the people as a whole throughout the country, and is wholly a matter for the particular State where the employment takes place—then certainly the S®nator is right in his contention. Mr. Brandegee. The Senator knows perfectly well, if he can remember what he asked me, that he did not ask me any such question that, and I did not say that the question of how long children labored, or at whaAt age they labored, was a matter in which the National Government was not concerned at all. The Sena- tor asked me if T thought the ques- tion of woman suffrage related to in- terstate commerce, and I stated that I thought it related just much to interstate commerce as the hours which children labe ad in factories relatea interstate commerce; 1 still think so. Mr. the Senator's Mr. Borah. as as and answer, that it matter of no concern whatever to the National Government, because if the Senator had conceived it to be a mat- ter of concern to the National Gov- ernment he would not have said it was of no more concern than the hour at which the Senator from Idaho takes his lunch. Mr. Brandegee. I said it, and T did not say it. it was not more related to the sub- Jject of interstate commerce than the hour at which the Senator takes his lunch. Mr. Borah. interstate commerce. Mr. Brandegee transport the beef the Senator in of course. Mr. Borah. was would not have I said But that is related to Well, products interstate they may to feed commerce, T was not referring to the hour at which the Senator takes his lunch, but the manner in which the citizenship of the country is em- ploved with reference to the articles which go into interstate commerce is a matter in which the National Gov- ernment and with reference to the shipment. Mr. Brandegee. The hours which the citizens of the several States are employed in their mills is of no con- cern; it has no relation whatever to the subject of interstate transporta- tion. In fact, in many of the fac- torles in the States the product of the factories is used rifght op the ground that State. Many concerns are engaged gaged exclusively in manufacturing products which are used in the mill right across the street from it, and they are built there for that purpose The hours which that concern works its help or the wages which ft works its help are absolutely unrelated to in- terstate transportation. It may be used right in the same yard on the premi- ses. So the question of the hours of labor and the ages of labor per se has nothing whatever to do with com- merce among the States or with for- elgn nations over which Congress has exclusive furisdiction Mr. Borah. Does the Senator think that the principle upon which the white-slave case was decided is sound ? Mr. Brandeget. Of course, I can not say it is unsound, because it is the law and has been sustained by the Su- preme Court. Mr. Borah. Then the Senator would be perfectly satisfied with this bill if the Supreme Court would sustain it? Mr. Brandegee. T would not be satisfied with it, but T°would not say that it was unconstitutional if the Supreme Court sald that it was con- stitutional. Mr. Borah. Why not? Mr. Brandegee. I should say I re- gretted they decided that way and that I thought they ought not to have so decided, but whatever the supreme court decides to be constitutional is constitutional in this country. Mr. Borah. Does the senator think, then, that the decision of the supreme court of the United States In the l stead of keeping the channels of com- White-slave case was unsound? Mr. Brandegee. I do not. it think—— Mr. Borah. unsound ? Mr. Brandegee. I think it went the limit. Between the senator and my- self I think it went the limit, and think the senator admits it went the limit, or did until he was prepared to take the next step and go the limit one higher. Mr. Borah. I do not concede that I have gone a single step further. I think this law is wholly within that case and previous cases. I do not think, as I have said previously and 1 do not know but publicly, that the supreme court laid down the rule there that is as far as the supreme court will go, but I think under that rule this law can be sustained, and it does not go a step further than that position. Mr. Brandegee. I know the ator thinks so, and I say he lIs fectly honest in his belief; but the senator stated the other day what the fact was, and every senator knows not only when he stated but what they themselves stated they thought. The senator said that until the last two or three decisions of the supreme cours, which have stated that inasmuch as congress has power to regulate com- merce among the states they could not be deprived of it, nor could it be set aside as unconstitutional because in carrying out the power it imposes regulations which might partake of the nature of police power. I say when the senator has read the last few decisions to the effect he admits his mind is changed, but before those decisions were made he stated here the other day he would have thought this bill was unconstitutional, and al- most every lawyer would have said it was unconstitutional, and did say so untll then. But in my judgment those decisions, whatever they may accomplish in the way of sustaining the act upon the facts presented in that case, will not make this law con- stitutional. I do not believe the su- preme court will say it is constitu- tional. ’ Mr. Borah. I am frank to say it is upon the declsions of the supreme court of the United States that I hase my belief that this law is constitu- tional. Mr. Brandesgee. sent the senator. Mr. Borah. Certainly not. Mr. Brandegee. I said exactly what the senator said Mr. Borah. Precisely. I contend that under these decisions the law can be sustained. Remedy Misdirected. Mr. Brandegee. I know the senator thinks that these decisions have gone to the limit, I think a little further than the limit, and I have seen the supreme court reverse itself, some- times retrace itself. The trouble about this kind of legislation is that congress looks around after being pe- titioned and loaded with requests, all sorts of influences and pressure brought bear upon it by parties who have organized the propaganda, Wwhich may be good, bad, or indif- ferent. Tt is a good propaganda in the state, so far as the welfare of children is concerned, but misdirected as to the remedy, in my opinion. The Tt power It is the law, but is it sen- per- I did not misrepre- to ha doing police purport ing what we actually me that if the which the senator from Tdaho says the congress must in order to carry its power to regulate commerce is an existing thing it ought to be ap- plied to the regulation of commerca. The senator from Idaho sayvs the only reason why the government has any police power is because it has the necessary power to carry out the pow- ers is because it has the necessary power to carry out the powers con- ferred upon congres Then let the police power in regard to commerce be conflned to the regulation of com- merce, and let us not attempt to Use police powers, if they be police pow- ers, to pass a regulation of com- merce, like safety appliances, and so forth, and the composition and safety of the instrumentalities of commerce, to compel the state, by a threat of impounding their products and put- ting boycotts on them as to communi- cation with their neighbors, to change their laws to suit us or to superim- pose the superior power of a nation upon them about matters of their do- mestic concern. Mr. President, if the principle upon which this proposed legislation is based can be maintained, to wit, upon the theory that whenever congr from time to time may think it would be for the benefit of the people on the ground that the nation is much interested in the health of 2 people of Savannah, Ga., as the peo- ple of Georgia are, we can no products shall come out of any ity of Georgia into the state of Alakama unless Georgia shall forthwith pave all its streets with asphalt pavement and promote and protect the health of her Inhabitants, or unless its prod- ucts are made by men who belong to labor unions or by men who do not belong to labor unions, or nnless they have prohibition. Mr. Smith of Georgia. they enforce prohibition. Mr. Brandegee. Or unless they en- force prohibition, and then Georgia would never expect anything more anywhere. (Laughter.) But, Mr. President, congress limitea itself in good falth lating commerce. There that we can do if we can say prohibition commerce is a regula- tion of commerce. Then whenever congress adopts any standard of mo: als or any standard in its own mind as to what it is best to do in different parts of the country to proomte the health and welfare of the people, un- der the old general-welfare clause if you please, then they can say unless every state will do this we will put an embargo on vour products, Tt may be that this is a progressive age, it may be that our supreme court has progressed to a point where they will sustain that, but in my opinion the court has got to call a halt. If comgress can legislate by way of embargo on perfectly innocent pro- ducts of commerce necessary and le- gitimate to the business interests of this country and can legislate by em- bargo against a product of a state in- seems to 1t possess say Or unless has regu- nothing that a is merce open to legitimate commerce, the states will have no power what- ever about their domestic concerns. We could just as well say in this bill that no products should be carried from one state to another unless the mill in which it was made had em- ployes every oneo f whom hadhada high-school education. The senator from Idaho would stand up here and make a magnificent oration about the perpetuity of our institutions depend- ing upon the education of our citizens. Mr. Borah. I do not object to the senator's criticlsing my argument but I object to the senator referring to my legal argument as an oration. Cicero and Borah. Mr. Brandegee. Cicero used to com- bine them both in one, and I think he was no wiser man than the senator from Idaho himself. So, Mr. Presi- dent, while I personally would go as far as anybody else, I think, to relieve distress or to promote the welfare, especially of little children, I think such projects ought to be carried out in a legal and constitutional method, and 1 do not think we ought to allow ourselves to be stampeded by the cir- culars and letters and articles that we see written by benevolently inclined people who do not understand the questions that we are discussing here 1 do not think we ought to allow ov selves to be persuaded or to be intimi- dated by the threats to get votes or to withhold votes on questions of this kind. The form of this government i at stake, Mr. President, in this kind of legislation. Mr. Borah. The senator concedes, of course, that congress may prohibit the shipment of any commodity in in- terstate commerce that is deleterious or injurious. Mr. Brandegee. Mr. Borah. Who is going to decide whether it is or not? Mr. Brandegee. Congres Mr. Borah. Then the sole power to decide that is in congress. Mr. Brandegee. I think so, except if it would be, as the senator sayvs, an arbitrary power the court would look through I think there could be 2 limit and the court could say that congress had not acted in good faith. Mr. Borah. Can the senator give me an idea where the limit is? Mr. Brandegee. Yes; but it would have to be such an extreme case that it would not be a reliable guide. Mr. Borah. That is it precisely. The senator is dealing with that subject matter precisely as we are dealing with this subject matter. To a certain extent the discretion rests in congress. Beyond a certain point, of course, any one would denounce it as arbitrary, but within wide range the congress of the United States may exercise its judgment as to what is to the public interest and the public welfare and as to what Is delaeterious. As I sald a while ago, Mr. Marshall once said there is really no limit under certain circumstances to the exercise of pow- er except a change of representatives in congress. Mr. Brandegee—That may he so, Mr. President, and a change of judges of courts, because whether it will stand or not will depend upon the courts. T hope the supreme court of the United States would have In view the history of this government as to what the states have been accustomed to do, what advances have been made nder our dual form of gavernment. and the wa the commerce clause of | cur constitution is being stretched not in good faith to accomplish all of purposes that the national govern- ment heretofore has never been sup- posed to have anything to do with whatever. T hope it will call the su- preme court to a serfous consideration of this matter. Mr. President, there is nothing now that any sect or cult of people want to accomplish that they are in doubt about the power of congress to re- spond to but what theyv say “vou can do it under the commerce clause.” You can not say to the people of the states, “You shall do this.”” Nobody claims we could say that no state ¢hall allow a boy under 16 vears old to work, but they do sometimes get up | a theory that it is bad for a bov un- der 16 years old to work, and that is the sentiment, and if you pronounce that ft is bad for him to work, and it would be in the interest of the public welfare that he did not work, then you say anvbody who allows him to work shall be prohibited from sending any- thing into interstate commerce, and we are all the time being urged to do | indirectly what evervbody admits \mi can not do directly. | Mr. Cummins—The senator from | Connecticut and myself have discussed | this question so often in the commit- tec T am sure he will bear with me a moment while T put an inquiry to | him. I premise it with this statement of his view, as I understand it. Tt seems to he his opinfon that congress can not prevent the transportation of enything unless there is something wrong With the thing transported That idea has been suggested many times. Now, let me ask the senator, suppose three corporations in the state of Clannecticut were to enter into a contract which was in violation of the | anti-trust law and which was in re- straint of trade. That would be a| crime under our law. TIs the senator | of the opinion that congress could not say that the product of those threo | corporations, assuming it to be a per- fectly harmless or useful product, shall not be transported from one Yes: per se. sorts | suggested to me the case of the inter- | for state-commerce law, which was passed under constitution, prohibiting certain crimi- nal conspiracies and | of interstate-commerce roads to those violating | possibly they might am not sure if Congress, a deny the use of the channels of inter- state-commerce communication to the violators of that seem state to another? Mr. Brandegee—T President, that is a if the senator now I will do or to walt T will do so Mr. Cummins as M questions like that T think congress could act upon. Tn the first place, the | senator has stated a case which is a | crime under the Sherman anti-trust | law. T thilnk that the Sherman act dces prohibit the transpartation of | goods by such partles now, and T | think it would be flegal even if It does not. T am not sure that when a thing is prohibited by a statute of the United States it might not be possi- hle for cangress to do that. While the debate was golng on it occurred to me that the United States has at statute against polygamy. 1 do not know whether congress could invoke the commerce clause of the constitu- do not think, parallel case wants me to it he but answer | are me | under the authority to regulate com- | Mr. | | =0, wants Idaho, from Towa, will both agree, that there must be merce, That is the question | cott | made this constitution and created the Brandeges—There is a series og | national aia it where where the disposition to compel them with the wishes of the central govern- ment will stop, becaus Mr. be automatons their and our notions or else be prohibited | from receiving from their | any goods or shipping out their own | products | There must be some point, of course, | much | where this has got to stop, i there is no use of having form of government. HARTFORuv Business Hours From 9 to 6. Saturdays From 9 to 9. Tei. 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The present mode of snugly corseting the figure above tha waistline demands that every woman shall wear a brassiere. We have all the well known reliable makes tn a great variety of styles and materials with prices from 50c to $5.00. One particularly desirable model in flesh and white, long leng 50c. The material is marquisette. OF BRASSIE] at AUNT DELIA’S BREAD is the kind of bread you want, it contains| a large amount of nourishment, is easily digested, and tastes good to the last morsel.—Ask your grocer Delia’s| Our Tuesday Specials PARKERHOUSE ROLLS, 10c FRESH FRUIT PIES, crisp, yuicy and delicious, each ........ 18¢ Don’t fail to try a loaf of our genuine CALIFORNIA RAISIN BREAD for Aunt per dozen coeqe —1It’s exceptionally good for the children—Your grocer has it. tion to prevent the viclators of its own | continue to pass up to the supre law from using the instrumentalities | court all doubtful cases, to resolve, of commerce. But those are cases|doubts in favor of the proposed la where congress has undoubted au-|lation, we shall simply be, I thi tharity to pass the law. This is ques- | treating the supreme court unfairly. tioned. Mr. President, it is not a popd Mr. Cummins—The whole anti-trust | thing to stand up and try to law is founded on the commerce |legislative bodies within the Hnes| ause of the constitution. their constitutional authority W Mr. Brandegee—Exactly. there is a great popular move Mr. Cummins—It has no qther au-|for some good and a sena thority. I only put the question in|[thinks it is directed in the wi order to make it perfectly clear that!channel. It is not a popular thing] the argument so frequently made here | get up here or ‘elsowhere and st that there must me some unsoundness | by one’s convictions and stand by or some taint in the character or the | constitution of the United States cuallty of the commodity transported ' you construe it, and yet e are swi must be abandoned; that there is to do it, and I think we ought to di nothing In that praposition. It does| 1 can not be honest with myself not follow that this law s constitu- | vote this bill. I wish I col tional, but the whole suggestion that|No doubt I should be much more pi the thing transported must be in and | ular at home and abroad and here of itself injurious to the public health | elsewhere if I could; but I think if or morals or welfare must be aban-!an unconstitutional bill, and I thi el | the supreme court would have s Mr. Brandegee—It may have been|so within a year or two ago abandoned if the senator from Idaho| 1 do not know what the suprel is right in the white-slave case, court will say about this bill now; Mr. Cummins—The senator from |if we are going to pass up everythi Connecticut, has just abandoned it. to supreme court, shirk all ¢ Mr. Brandegee: No, the senator has | responsibility in the matter, and v4 measures that we think are constitutional, or that we think ni ty-nine chances out of one hund are that they are unconstitutional do not think we are treating the preme court fairly. The suprel court of this country ought to hi some support; but if we are constan going to throw upon supre court all the responsibility of settl aside acts we thought were unw but that we passed in response public are, to a cel extent, depriving the supreme cof of its right to have the support of coordin branch the in trying to maintain the of the United States We & what of when a high court sc congress or an act of a st ture the passage of which benevolel people had been able to procure the journals of the country, the zine writers, and the ‘“uplifters,’ great many of whom deal in and not in brains, |about the law, but with epithets, denounce court and say it is time the bench and have recalls and all that Mr. President, if United States would sees it, and have the convictions, we should demagoguer) n this counts there would be more respect for |courts, and, in the long rum, thel | would be more respect for senatoj ;and representatives in congress. cause, for for the of the the commerce clause denying the use the statute. I think quite be prohibited. I having passed might not the law against polygamy, law. about the course, clamor, we it, but senator the it does from Senator I am not to me, and, sure as of te of governme constitutd and we now— somewhere that limit a lUmit approaching know ct it Lte h an act the legis| of to which where the states aisposition the union the colonles place some- government there must be a mag langua who know nothin are very versatl the supren to haul it referendums ar sort of thing. the senate of do its duty as courage of i not have 4§ to pass laws in accordance . unless it does, the states will simply either to make all conform to our standards President, laws neighbors to the neighboring states. | or this else dual Of course, so long as congress will