Greensboro, August 22—Judge James E. Boyd in Federal court today held the national child labor law, wich seeks to collect the Federal tax of 20 per cent on the profits derived from the products of child labor, unconstitutional. The decision was made in the case of the Vivian Spinning Mills of Cherryville, N.C., seeking to restrain J.W. Bailey, collector of internal revenue from enforcing the act.
The Owen-Keating child labor law was also held unconstitutional by Judge Boyd in decision rendered two years ago and that ruling was upheld by the Supreme Court of the United States.
Regulation of labor, Judge Boyd ruled in his decision today, is one of the powers retained by the States, and not delegated to the Federal government. State child labor laws are adequate to care for the situation and provide a penalty, not a tax, as is proposed by the act of Congress, the decision said.
The attempt of the Federal government to regulate labor within the State is a usurpation of authority and a violation of the sovereign rights of the State, concludes the ruling.
An order permanently restraining the collector form collecting revenue from the Vivian Spinning Mills was signed at the same time the ruling was made public.
. . . .
From the front page of The Charlotte News, Monday, August 22, 1921
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