Unemployment in the United States

Bibliographic data

Monograph

Identifikator:: 1828236179

URN:: urn:nbn:de:zbw-retromon-226169

Document type:: Monograph

Title:: Unemployment in the United States

Place of publication:: Washington

Publisher:: United States, Government Printing Office

Year of publication:: 1930

Scope:: II, 193 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Statement of Mr. William Green, president of American Federation of Labor

Collection:: Economics Books

UNEMPLOYMENT IN THE UNITED STATES 29 by the mere enactment of the statute, though nothing has been done and nothing is to be done without their consent; and it is plain that that question, as it is thus presented, is political and not judicial in character, and therefore is not a matter which admits of the exercise of the judicial power. No more complete and convincing answer can be made to the contentions of Senator Bingham and to the brief of the National Manufacturers Association than the foregoing language of Mr. Jrstinn Sutherland delivering the unanimous opinion of the Supreme ourt. The brief of the Association also cites the case of Bailey ». Drexel Furniture Co. (259 U. S. 20), in which case the Supreme Court had under consideration the Child Labor Tax Law of February 24, 1919 (40 Stat. 1057-1138), which imposed a tax of 10 per cent of the net profits of the year upon an employer who knowingly employed any child within the age limits specified in the act. The Supreme Court held that the act was not a valid exercise by Congress of its power of taxation under Article I, sec. 8, of the Constitution, but was an unconstitutional regulation by the use of the so-called tax as a penalty for the employment of child labor in the States and that this was in violation of the tenth amendment to the Constitution. The act before the court in that case and the proposed legislation (Senate bill 3060) are totally different; and the decision of the court, in that case does not suggest in any way whatsoever, that legislation, as provided for in the proposed act, would be invalid. In thatcase the validity of the act was defended upon the ground that it was a mere excise tax levied by Congress under its power of taxation. The court held that it was not a taxing act but was in effect a prohibition against employing children below a certain age and the imposition of a penalty for violation of said prohibition. Finally it is confidently submitted that the pending bill is not only constitutional, but that its enactment is a political and sociological necessity. Mr. BacaMaNN. Mr. Green, do you know of any State that is opposed to this legislation? ] Mr. Green. None whatever. I have not heard of a single State that is opposed to this legislation. Mr. Bacumann. I might say to you that the State Department of Labor of the State of West Virginia favors the legislation. Mr. Green. Well, I have heard from a number of the State authori- ties who I feel are clothed with authority to represent the sentiment of their respective States and they have all expressed their approval, hearty approval, of this proposed legislation. They insist that it will help them materially in the States to deal with the unemploy- ment problem. Where is the difference between it and our Federal road building plan? We match the money of the States in building roads. Where 1s the difference? Are not these human beings seeking employment as important as road building? Where is the legal difference? I respectfully ask that the Committee examine this brief carefully and particularly the quotation of the Supreme Court in the opinion ren- dered on the Maternity Act. Mr. LaGuarpia. Is it not true that States that have gone into this problem through legislative commissions and otherwise, invariably in their reports point out the necessity of having cooperation with other States and uniformity in the system of unemployment agencies?

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