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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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 57 ilar ster it a To 2a1- es- in the the 160, its wnd 10N 1.’ the ce. ing OY nds an- S. s38.- nd an 13, ng zee the she for +m, 1g- ‘ith he in 0 toy (TT les, she led she ity she ng she + ld ed Tee he aga as al. for wte ce. ‘he enforcement of the act alleging it to be unconstitutional. The Supreme Court, on appeal, held the act violated the fourteenth amendment. The sole ground upon which the court based its conclusion was that the State did not have the power to prohibit private employment agencies from charging an employee a fee. . This question is not involved in the proposed legislation, and the case does not In any way suggest that such legislation as is now under consideration would be unconstitutional. .. In the last mentioned case Mr. Justice Brandeis delivered a very strong and illuminating dissenting opinion in which Mr. Justice Holmes and Mr. Justice Clarke concurred. Mr. Justice McKenna also dissented. Mr. Justice Brandeis reviewed the evils of private employment bureaus, the hecessity of aid in solving the employment question by the Federal Government and reviewed the Federal legislation having for its purpose the solution of the larger problems of unemployment. He referred to the immigration act of February 20, 1907 (34 Stat. 898) which created within the Bureau of Immigration and Naturalization a division of information charged with the duty of promoting “a beneficial distribution of aliens”. The services rendered. by this division included, among others, some commonly performed by employment agencies; it undertook to place aliens in positions of employment but its operations were national in scope. He also referred to the act of March 4, 1913, creating the Department of Labor, which act resulted in the transfer of the Bureau of Immi- gration, including the division of information, to that department (37 Stat. 736). _ Mr. Justice Brandeis stated, page 607: “By this transfer the scope of the divi- sion’s work was enlarged to correspond with the broad powers of the Labor Department. These were declared by Congress to be ‘to foster, promote and develop the welfare of the wage earners of the United States, to improve their arking conditions and to advance their opportunities for profitable employ- ment.’ ”’ The underlying principle of the sections of the above mentioned acts is the same as the underlying principle of the proposed legislation, the only difference being that the proposed legislation affords a greater opportunity for service by the Federal Government in cooperation with the States. . The question of the constitutionality of legislation along the lines of the pending bill was not involved in the case; but the dissenting opinion of Mr. Justice Brandeis apparently anticipated further progress in legislation of this type and clearly and emphatically shows that such legislation is constitutional. In the case of Chicago & A. R. R. Co. v. Tranbarger (238 U. 8. 77), cited in the brief of the association, the Supreme Court had under consideration a statute of Missouri requiring railroads to open drains across and through its right of way and road bed so as to form proper drainage. The property owner sued the rail- road company for damages growing out of its failure to comply with this statute. The railroad defended upon the ground that the law was ex post facto and also a violation of the provisions of the fourteenth amendment. The Supreme Court of the United States affirmed the Supreme Court of Missouri, holding the act to be valid and constitutional, stating the answer to the claim that the law was ex post facto to be that the law is not retroactive but only becomes effective within three months after its passage. As to the constitutional question, the Supreme Court held that the State had the right under its police power to enact such legislation. The question before the court in that case is totally different from any of the Questions presented in the proposed legislation and certainly is not an authority to support the unconstitutionality of the pending bill. . Not a single case cited in the brief supports its contention, several of the cases, as above pointed out, and especially the Frothingham case, infra, show that the proposed legislation is constitutional. . Commonwealth of Massachusetts v. Mellon and Frothingham ». Mellon (262 U. s. 447), is also cited in the brief to whos the contention that the proposed act is unconstitutional. The Supreme Court in this case had under considera- tion the maternity act (42 Stat. 224). The provisions of the materinty act, in 50 far as concerns the appropriation of money hy Congress to be allocated to the States upon the acceptance of the benefits and compliance with the requirements by the States, are analagous with the provisions of the pending bill. It was contended, in that case, that the act was unconstitutional. The Supreme Court dismissed the appeal because of lack of jurisdiction and not upon the merits of the case. There are certain statements of the court which clearly indicate that the court, however, was of the opinion that the act was constitutional and which also clearly answer some of the contentions made in the brief of the association as to the proposed legislation. The court stated, page 480

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