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The History of Federal Protective Child Labor Legislation

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The History of Federal Protective Child Labor Legislation Loyola University Chicago Loyola eCommons Master's Theses Theses and Dissertations 1953 The History of Federal Protective Child Labor Legislation Nello Paul Gamberdino Loyola University Chicago Follow this and additional works at: https://ecommons.luc.edu/luc_theses Part of the Industrial Organization Commons Recommended Citation Gamberdino, Nello Paul, "The History of Federal Protective Child Labor Legislation" (1953). Master's Theses. 1019. https://ecommons.luc.edu/luc_theses/1019 This Thesis is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Master's Theses by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 1953 Nello Paul Gamberdino • • THE HISTORY 0' FEDERAL PROTEctIVE CHILD LABOlt LBllISLATIOB by Nello Paul GamberdlDO A The.i. Submitted \0 tile Faculty of the Institute of' Social Md Industrial aelations of LOlctla Um:,ers1ty 1a partial ~ltl1lment of' the requirements tor \be Degree ot Master of Social and Induatrlal Relatione FeDNary 1", TABL7 OF CONTENTS • Chapter Page I INTRODUOTIOH ft.. D.finition of Child Labor •••••••••••••••••• , B. Progr••• Toward Prevention•••••••••••••••••• , II EARLY HIS'1'ORY OF OHILD LABOR A. Historic Conditiona and n..elopment of Legislation tn England ••••••••••••••••••••• 7 B. Riae of the Problem In the Unit.d stat••••• 12 a. Social and Ecomomic implicatione.l •• 14 b. Nattonal Child Labor Oommltt •••••••• 16 e. Volume ot Legielatiy. ActiYlty In the stat.s Prior to '.deral Child Labor L.gi.latio.......................... 18 d .. The Govemnent'. Rol. in 0h11d Labor 25 III FEf:KRAL ATTEi~S AT OO.NTOOL OF CHILD LABOR .A. Th. F,deral Oblld Labor Law of 1916 •••••••• B. The 'ederal Obild Labor Law of 1919 •••••••• o. Nati0ll81 Industrial Recov.ry Act .......... D. An Attempted Amendment to The Go.etltuticD. IV THE FAIR LABOR STANDARDS ACT A. General Ooverage and Adml1d.etratloa...... B. Oonstltutlonallty of The Ao\ ••••••••••••• O. Th. Three M1n1mum Ag •••••••••••••• o •••••• D. Th. Wal.h-Healey. Act of 1956 and The Sugar Act of 1948 •••••••••••••••••••••••• V SUMMARY A. ConcluSion and R.commendation............ 62 BIELIOGFAPHt.............................................. 66 AP?~~IX I................................................ 72 ,APPENDIX II............................................... 7' u. LIST OF TI'SLES 'fable I OHlLDREN 14 AND 1, YEARS OLD IN THB: LABOR FOacE 1940, AND GAINl"ULLY OOCUPIED CHILDREN 14 AND 1, YiARS OLD, 1900 'to 19,0, BY SEX AND BY PEROENT OF POPULATION WlftDf ftE AGE Gnoup 14-1,•••••••••••••••••••••••••••••••••••••••••••••• II NUMBER AND PKROmNTAGE DISTRDtrrIO., Jl' GENI.'U.L UZVlSIOH or OOCUPATIONS, or OHILDRD 10 to 1, lIARS OLD GAnmILLt OOOU- PIED, IN THE tmlTED STATES, 1920 AND 19,0............... III DISTRIBUTION 0' N.R.A. conES LIMI'ftNa EMPLOYMENT 0' MlNORS OLASSIFIED BI AGES BILOW lflUOR OSILDRD' ARE BARRID flOM EMPLOYMENT. •••••••••••••••••••••••••••••••••••••••••••••• " If M'fIFICA TIOK OF 'fHE psoroSED OHILD LABOI IJ,{gOlUtlft, BI tEARS •••••••••••••••••••••••••••••••••••••••••••••••••••• , LIM' OF NATIONAL ORGA·lflZAfIOllS SUPPORl'DG THE atIlJ) LABOR AMENDMENT................................................. '7 VI LEGAL !4lNlMUM AGES OF 5WLOlMEllT IN MANUPA OTURIlfG IImJSTRIEI ESTABLISHED BI STATE LAWS FOR SiLEOTF.D YEAR'. 1860-1948... 60 VII A COMPARISON BETWEEN THE FEDERAL OHILD LABOR LAW 0' 1916 AND THE NUMBK.1t OF STATES HAVING SIMILAR PROVISIONS IN THE YEAR 1916 61 lil VITA Nello Paul Gamberdino wae Dorn in Ohicago, Illinois, November 12, He was graduated trom John Marshall High School, Jamaary, 194'· Atter completion of military .ervice from 194, to 1946. the author attended De Paul Unlversity and reoeived hie Bachelor ot Arts degree in Psyohology, June, 1950. He began hiB graduate studies at Loyola University in the Fall ot 1950· iv CHAPTER I INTRODUCTION There 1s, perhapa, no other subject ot 1e,181at1.e ettort that pas brought together a wider range of' American intereat than that ot ch11d shor. :4sny reasons explain this special 1llterest. One 18 the tact that hUd labor being hazardous has led to JlWIlerous in.estigations throughout he years which ha.e showned evidence of' heart de.ea ••, threat and re.pera­ l ~ry infections and other unhealth)' conditions 81IOl'Sg children who work. From the angle of' the 80cl010gist, psychologist and the moralist, hUd labor i8 viewed as breaking tamily tl.s and weakening ths social and oral oontrol exerted by the parent.. Studle. conducted by the Children" uresu, the United States Department of Labor and the Natloaal Child Labor ommitte. of' the surroundings of' both urban and Nftl chlld workers havs epeatedly disolosed that their environnent are of tt1ll•• conducive to 2 toughness, crudeness, harshness and in man, case. actual delinquenC)'. 1 For further extensive discus.lon of unhealthy and dangerou, <~nd1t1ons ot child labor, .88 Grace Abbott, ·Some Twentieth century R.ports c~ The Employment ot Children," The Chtld apd The s~ts, Chlcago, Uniyersit, c~ Chicago PreulIs, 1958, pp. ,;a.::404. 2 For detail accounts, see Gertrude r. Z1mand, CNeld k!:bor Facis, }~tlonal Child Labor OOmmltte •• New York, 1940, pp.12-26, also, United *ate$ Department of Labor, Bureau of Labor standaris, They "irk Wh11e rem !flg • Bulletin No. 124, 1950. 1 - 2 .. This removal of the ohild from his home at the important year. of hie life, that ie, his formative years, tends to oreate a laok ot re­ spect for normal oontrols at a time when ohildren need suoh regulation. i-1oreo't'er, from the Yi.ewpoint of the eduoator, eMld labor and poor school attendanoe is recognized as going hand in hand. Thie tact ie substantiatec by reports tram states with the poorest lohool attendanoe that show that they, are the .&me states with the largest proportion of GIl- played child labor. From the eoonomic and labor Viewpoint, it also permits what might be described as unfair oompetition with adult labor. ?'his may result in extensive unemployment of' adults or 1n their eplOJDlent under world.ng con­ ditions that are less satisfactory than they would otherwise be. In reoognitlon of these .-rioue oonjiAerations and lntereete ln the problem of child labor, the gO'f!3rmnent has eet 8OBIl! l1mitations on standards tor ohild labor. The main emphasis lying 1n the pr_i.e that ohlldren are to bs restrioted 1n their partioipation 1n labor markets in order that their health, their better soclal and moral adjustment, and their eduoation may increase their worthy contribution 10 later lite. , Children'lS Bureau, ttGhild Labor P'aot. and Fipres. It United states Department ot Labor, 19,0, Publloation No. 197, pp.22-2,. , • The purpose of this thesis is to investigate the historical mOTe­ ment that neoessitated these goals and finally tederal protective ohild labor legislation. In such a manner then bae tbis thesia baen prepared by introducing first the early histoJ"1 of child labor 1n ImglandJ rise of the problem in the United states; a brief explanation of the gOT8l":l'1nent' B role in protection of the child} 8 complete chapter on earlier attempts and fail­ ure. made by the Federal Governm«nt to control child labor; and an investi­ gation of the Bucce.sfUl Fair Labor Standards Act, the Walsh-Healey Aot, and the SUgar Aot of 19,sJ and tinally the ~ar.v and conclusions. The.e have been mentioned and investigated beoause the author feels that they have all had an il'..f'luence on the employment of ohildren. DEFINITION OF CHlhR kA§9R froblems have been encountered in the dettn1tion of child labor and as a result no single age group can be specifically designated a8 "ohild labor. 11 The following are sODIe of' the detin1tiou that have been offered. labor as I ••• any work of children which interfere. with health and normal development (mental as well ae physical health and deyelopment), which prevents or balka the leglt.1lIate expreselon ot the child t. natural instincts and desire., which deprive. him of proper opportunity for play and tor sohooling, and of educat.ion not40nl, through formal and wholesome 1'lay but through aultable work. Miss Luey Manning has muoh of the same meaning in her c:terWtion of ohild labor. She state., Child labor ls the employment of bo,e and glrl. when they are too YOUDI for hire or wben they are Emlployed at jobs unsuitable or un.. '. tor children of their age., or under oonditione injurious to their weltare. It in any emplo1llent, that rob. them of their rightful herttage ot a chanoe tor healthfUl development, full eduoational opportunities, and neeessary playttme. It doe. not mean the sohool acttYitte.,ot boy. and girls nor do.. it inolude their hoa. chores and duties. The Encyolopaedia Amerioana explain. ohild labor as tollewe • ••• Ohild labor is difficult to define beoause what is regarded a8 labor in one cOtJmQnlty or under oertain conditions 18 often J'lOt so regarded in other commuD1tie. or under other oonditione, neither 1s there agre.. ment ae to the length of ehildhood. The definttlon of the teN depends upon the state ot publio opin1on and upon the crystlllzation of ~hat opinion in the tona of restrict!•• and oonstruotive measures tor the benefit ot children. In the early days of the mo1'emmt in !england to proteo~ ehildren trom eoonomio exploltation, the term wee understood to apply only to the employment of "181"1 young ohildren in mill. and mines. Gradually its applioation was broachmetl to aolude the work ot children in man, other establishments and ocoupations and the minimum age Ihtlt for employment was :raised. Today in the United States, not only the employment at ohildren by meroh8.nts, manutacturere, and rd.. o operators ie aoneidered as ohild labor, but alao independent aotl.tty of boys and girls tor gain, ae in tbe eo-clled street trades of newe­ paper s.lllng, bootblaoking and peddligg.
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