116 UNEMPLOYMENT IN THE UNITED STATES
we know are not true. We ought not to take advantage of the Supreme Court's
procedure by framing legislation which in form only is constitutional but which in
substance is in deadily conflict with the requirements of our organic law.
And apropos with what has been said with respect to appropriations
made by Congress in the past in aid of matters wholly within the
States, but which I will show are easily distinguishable from the pro-
posals of this bill, the distinguished Senator said the time was ripe to
reject the question and inquired: “Have we not gone far enough, in-
deed too far, in the direction of centralization?”
Now, Mr. Chairman, what does this bill propose to do? It pro-
poses to establish in the Department of Labor a bureau to be known
as the United States Employment Service. You have that already,
but the law under which it now operates is to be repealed and this
becomes the substitute legislation. The director general is to be
appointed by the President, with the advise and consent of the Senate,
at a salary of $10,000 per annum. He is authorized to appoint a
woman assistant director general subject to him, and it shall be the
province and duty of the bureau to establish and maintain a national
system of employment offices for men, women, and juniors who are
legally qualified to engage in gainful occupations, and, in the manner
hereinafter provided, to assist in establishing and maintaining sys-
tems of public employment offices in the several States and the politi-
cal subdivisions thereof. The bureau is further authorized to fur-
nish and publish information as to opportunities for employment,
to maintain a system for clearing labor between the States, and to
do this by establishing and maintaining uniform standards, policy,
and procedure, and aiding in the transportation of workers to places
of employment. And the service is directed to be impartial, neutral
in labor disputes, and free from political influence, an addition to
and a great improvement over the original bill, so far as there is no
suggestion made except one calling for the voluntary cooperation of
existing agencies, public in their nature, between the States, and
endeavoring to secure their coordination in cooperation with the
Federal service.
Apart from details, then, the essential policy and purpose of
the measure to which we direct your attention is this: The bill
authorizes an appropriation of $4,000,000 per annum for four years,
a total of $16,000,000. Seventy-five per cent of this appropriation,
or. $3,000,000 per year, is to be apportioned among the several
States in the proportion which their population bears to that of the
United States. That sum is to be employed in the establishment
of public employment offices in the States in accordance with the
following plan: Wherever the State, through its legislature, author-
izes an existing employment agency or establishes one to cooperate
with the Federal agency, the director general apportions up to
his allotment an amount equal to that appropriated by the State
for the support of such State agency, not to exceed, of course, 5
per cent of the 50 per cent of the amount necessary to operate the
agency. But—and this is the vital and controlling feature—each
State must submit to and receive the approval of the director gen-
eral of employment for its plan of operation before the State may
receive Federal aid; and while receiving it the State agency must
continually report operations in such form as the director general
prescribes. He alone determines whether the State offices are,