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The case of Hammer v. Dagenhart has its roots steeped in the U.S. industrial revolution, and its heavy use of child labor. Children worked in textile mills, cotton mills, and even mines to help provide for their families, these young children suffered three times as many injuries as their adult counter parts. They earned much less than adults and often worked sixty to seventy hour weeks, because of this they were unable to attend schools or simply enjoy their childhood. It wasn’t until around the year 1902 that committees and groups started forming to limit and ultimately end the use of child labor. In response to groups like the National Child Labor Committee, state legislatures tried to place restrictions on the child’s age and the hours that they worked. These were, unfortunately, wildly ineffective, manufactures were quick to complain about the unfairness of having to compete against those other manufactures whose production numbers weren’t hampered by child labor laws. Finally in order to try and but more lasting and far reaching restrictions on the use of child labor the Keating-Owen Child Labor Act of 1916 was proposed to Congress by Edward Keating and Robert Latham Owen. …show more content…
The Act prohibited the shipment or delivery for shipment for interstate or foreign sale of any goods or services that were produced by laborers under the age of 14 in a factory, shop or cannery and under the age of 16 in a mine.
The act also proposed that children under the age of 16 should only work between the hours of 6am and 7pm, and that those would be restricted to no more than eight hours a day, at six days a week. In order to try and enforce the act it was decided that the Secretary of Labor would have people inspect different places of work to ensure that they were with in compliance, those that weren’t faced a fine and/or
imprisonment. When 14 year old Reuben Dagenhart was denied work at the textile mill where his father and brothers work, his father went to the courts. Dagenhart and his attorneys argued that the Keating-Owen Act was unconstitutional, and that the Commerce Clause did not give Congress the right to impose regulation on the manufactures. The Supreme Court then had to answer the question, does the authority vested in Congress to regulate commerce among the states allow it to enact legislation targeting manufacturing practices? In 1918 the majority decided that the answer was no, the authority vested in Congress to regulate commerce among the states does not allow it to enact legislation targeting manufacturing practices. It was decided at a vote of five for Dagenhart and four against, Justice William Day declared that child labor laws were purely a state affair. In 1924 Congress tried again to pass child labor laws but due to the sentiments of the time it wasn’t ratified, it wouldn’t be until 1938 that any restrictions were actually passed with the Fair Labor Standards Act. The act was challenged by the Supreme Court but survived, in 1941 Hammer v. Dagenhart was reversed. One wonders what might have happen if the minority had won and allowed the Keating-Owen Child Labor Act to stand.
Florence Kelley was a social and political reformer that fought for woman’s suffrage and child labor laws. Her speech to the National American Woman’s Suffrage Association initiated a call to action for the reform of child labor laws. She explains how young children worked long and exhausting hours during the night and how despicable these work conditions were. Kelley’s use of ethos, logos, pathos, and repetition helps her establish her argument for the reform of the child labor laws.
Often, children were forced to work due to money-related issues, and the conditions they worked in were terrible. Children worked in coal mining, such as at Woodward Coal Mining in Kingston, Pennsylvania (Doc. 7). Children were used to make the process of producing products cheaper, and they were paid low wages; the capitalists hired children just to keep the process of making products going and to make profit. One cause of child labor in harsh conditions was the unfateful fire at the Triangle Shirtwaist Company factory in New York City in 1911. Teenaged immigrant girls that were employed there worked under sweatshop-like conditions. The building they worked in was inadequately equipped in case of a fire, for the doors were locked, leaving no exit for the girls, and the single fire escape collapsed with the rescue effort; as a result, when the fire started, they were unable to escape. 145 workers were killed, but the company owners were not penalized harshly for this tragedy. This further demonstrates that capitalists were able to get away with the harsh conditions that they put their laborers, especially child laborers, through for their own benefit, which is making more money and using any means to get it, even if those means are low wages and harsh working
Many businesses and factories hired children because they were easier to exploit; they could be paid less for more work in dangerous conditions. Plus, their small size made many children idea for working with small parts or fitting into small spaces. Children as young as four could be found working in factories, though most were between eight and twelve. Despite the economic gains made by the business that employed them, many children suffered in the workplace. The industrial setting caused many health problems for the children that, if they lived long enough, they would carry with them for the rest of their lives. Children were also more likely to face accidents in the workplace, often caused by fatigue, and many were seriously injured or killed. Despite efforts by reformers to regulate child labor, it wasn’t until the Fair Labor Standards Act of 1938 that children under 14 were prohibited from
Child Labor. The 1890 census showed that more than one million children, ages ten to fifteen, were working in America. By 1910, that number increased to two million (Davis). Children as young as five could be found in glass making factories, canneries and home industries. Their workday could be as long as eighteen hours and would only get paid a fraction of what an adult would. Yetta Adelman, a Polish garment worker said “I was twelve years old but I wasn’t. Compared to a child [born] here in the United States, I was twenty (McGerr 18).”
When a group of people must adapt to a lifestyle distinct from the agricultural lifestyle one would not know what to expect. Like a nation that is just starting, it would take time to construct and enhance laws; it’s a trial and error process. These businesses were starting out and there were no regulations as to how to run them. Unquestionably, there were no laws imposed to aid the labor conditions of these employees like we know today. The testimony and interview proved that the 1800’s took advantage of the work of children, often depriving them of food. It was obvious most children stuck around due to the urgency of money, therefore I am sure employees threatened to replace them seeing how the money was needed for families. For those who worked in factories with heavy, dangerous machinery, they were prone to accidents or even death. According to the sub-commissioner, the young girls picked the coal “with the regular pick used by men” . It is typically easier for a grown man to lift a regular pick than it is for a young girl because of the physical development and obvious age difference. Still there weren’t any regulations to protect children against the harms of labor and their wages were unreasonably
Factories were utilizing children to do the hard work. They employed children as young as five or six to work as many as twenty hours a day. According to Document C, children worked in factories to build up muscles and having good intellect in working rather than getting an education. They became a different person rather than conventional children. There were additionally health issues due to child labor: rapid skeletal growth, greater risk of hearing loss, higher chemical absorption rates, and developing ability to assess risks. Progressive Era reformers believed that child labor was detrimental to children and to society. They believed that children should be protected from harmful environments, so they would become healthy and productive adults. In 1912, Congress created the Children’s Bureau to benefit children. The Keating-Owen Act was passed in 1916 to freed children from child labor only in industries that engaged in interstate commerce. However, it was declared unconstitutional sinc...
According to the article “A History of Child Labor” reviewed by Milton Fried, a child could work as long as six days a week for up to 18 hours a day, and only make a dollar a week. Child labor was nothing but cheap labor. The big companies loved cheap labor because then they could make an item for not very much money, and make a huge profit margin. Fried continues to state how cheap the labor was, “One glass factory in Massachusetts was fenced with barbed wire ‘to keep the young imps inside.’ These were boys under 12 who carried loads of hot glass all night for a wage of 40 cents to $1.10 per night.” Unlike, children today who are in bed sleeping by 8 pm each night, these children had to stay up all night working to make just enough income for their families. Sadly, the children had no choice but to work for very little pay. Their mothers and fathers made so little money in the factory system that they couldn’t afford to let their children enjoy their childhood: “Other working children were indentured—their parents sold their labor to the mill owner for a period of years. Others lived with their families and worked for wages as adults did, for long hours and under hard conditions” (Cleland). The child had no other choice, but to work for these big
They would often get one one hour break for lunch, but recieved no time for breakfast, dinner, or going to the bathroom. The children would often have to walk to work, and it would be difficult for them to walk home after 14 hours of work. The amount of time that the children worked made it impossible for them to recieve an education or have any recreational time.The lack of education that these children recieved is shown in this quote by Furman Owens who is 12-years-old, can't read, and doesn't know his A,B,C's. He said, "Yes I want to learn but can't when I work all the time." In 1832 the New England Assosiation said that “Children should not be allowed to labor in the factories from morning till night, without any time for healthy recreation and mental culture,” for it “endangers their . . . well-being and health”(Continue to
Throughout time children have worked myriad hours in hazardous workplaces in order to make a few cents to a few dollars. This is known as child labor, where children are risking their lives daily for money. Today child labor continues to exist all over the world and even in the United States where children pick fruits and vegetables in difficult conditions. According to the article, “What is Child Labor”; it states that roughly 215 million children around the world are working between the ages of 5 and 17 in harmful workplaces. Child labor continues to exist because many families live in poverty and with more working hands there is an increase in income. Other families take their children to work in the fields because they have no access to childcare and extra money is beneficial to buy basic needs. Although there are laws and regulations that protect children from child labor, stronger enforcement is required because child labor not only exploits children but also has detrimental effects on a child’s health, education, and the people of the nation.
The case Hammer v. Dagenhart of 1918 is about child labor laws. Many concerns regarding children safety arose as the factories hired children for lower wages than adults in an unsafe working environment. Many advocates questioned the child labor laws regarding working extended hours as it negatively influenced education and many other factors. It also affected the children health and the accidents that took place in an unsafe workplace. Thus, the Congress passed the Keating-Owen Act of 1916 which outlawed shipments across the states made by the children who worked in an unsafe working environment and extended hours. Roland Dagenhart of North Carolina brought the case who worked at a textile mill with his children. He believes the Keating-Owen
14. Fair Labor Standards Act, www.spartacus.schoolnet.co.uk, 6/11/04 --------------------------------------------------------------------- [1] Fair Labor Standards Act; www.inforplease.com, June 11, 2004.
“Child Labor in U.S. History.” Child Labor Public Education Project. 2011. Web. 2. April. 2014
The Industrial Revolution restructured the employer-employee relationship into an impersonal association exhibited by indifference to the quality of life of the worker. Children were especially exploited because they could be hired for lower wages and were made to work equally long days (Miller). Around the 1830s, children constituted about one-third of the labor in New England (Illinois Labor History Society). The conditions of workers as a whole necessitated action on behalf of the rights of laborers.
..., (21 and over). The Employment Rights Act of 1996 has included benefits UK’s citizens with four weeks paid yearly leave, sick pay, maternity and father leave. All employees are legally entitled to 5.6 weeks paid holiday time per year. All employers are responsible of their employee’s health and safety care. Adults are limited to 48 hours per week of work. Direct/indirect discrimination or harassment is not tolerated as well as favoritism. Age, disability, sexual orientation, race, religion, etc. are all factors. The UK is in progress for a plan of terminations.
Most factories were able to work the kids from dawn till dusk and sometimes beyond. Some people wanted to change the law of how long a person under the age of 18 could work to 10 hours, but parliament wouldn’t pass that law. A man by the name of Lord Ashley was a doctor and concluded that a child’s body could only endure 10 hours of labor at a time without damaging the child’s health.