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Mrs. Carrie Chapman Catt
-
2
September 1, 1921.
Recently Judge Boyd has again ruled the law unconstitutional (August
22, 1921), * This time the Vivian Spinning Mills of Cherrydale, North Carolina,
asked an order restraining the collector of Internal Revenue from collecting
the 10% tax to which it was liable because of the employment of children during
the previous year.
Thus the case presents no new constitutional features, and will probably
be argued before the United States Supreme Court in October simultaneously with
the earlier case.
The first Child Labor Act was administered by the Children's Bureau;
the present Child Labor Tax Law is administered by the Child Labor Tax Division
of the Internal Revenue Bureau. As a child labor measure a taxation act has
certain inherent difficulties, especially when it is attached to the Income Tax
Law. In the first place, if, for example, a man was found to be employing child
labor in January of this year-children under 14 years of age--in a factory
he would not become liable for the payment of the tax until next year; and the
amount that he would pay would be determined by the profits of this larger
business. The fact that after January he continued to employ the same/number
of children would not affect the amount which he would have to pay.
There has not been the type of publicity in connection with the enforce-
ment of this Act which makes for the creation of a general public opinion in
favor of its observance, and general watchfulness as to whether it is or is not
being observed. This fact is undoubtedly due to the general policy of not making
public matters relating to Income Tax, and also to the fact that the collection
is usually delayed at least a year. I know that in the offices of the Child
Labor Tax Division there is every desire to ent'orce it fully and completely.
I know of no action on the part of Congresa to secure a new law or
an amendment of this one. I think of necessity any such movement mist
wait until the action of the Supreme Court inasmich as the attempt to utilize
the taxation power was regarded as a last constitutional resort by those who
have Federal Child Labor Law.
advocated a
As the present Child Labor Tax Law is not administered in the Children's
Bureau I should prefer not to be quoted with reference to the matter.
Yours very truly,
GRACE ABBOTT,
GA.ML
Chief.
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"ocrText": "Mrs. Carrie Chapman Catt\n-\n2\nSeptember 1, 1921.\nRecently Judge Boyd has again ruled the law unconstitutional (August\n22, 1921), * This time the Vivian Spinning Mills of Cherrydale, North Carolina,\nasked an order restraining the collector of Internal Revenue from collecting\nthe 10% tax to which it was liable because of the employment of children during\nthe previous year.\nThus the case presents no new constitutional features, and will probably\nbe argued before the United States Supreme Court in October simultaneously with\nthe earlier case.\nThe first Child Labor Act was administered by the Children's Bureau;\nthe present Child Labor Tax Law is administered by the Child Labor Tax Division\nof the Internal Revenue Bureau. As a child labor measure a taxation act has\ncertain inherent difficulties, especially when it is attached to the Income Tax\nLaw. In the first place, if, for example, a man was found to be employing child\nlabor in January of this year-children under 14 years of age--in a factory\nhe would not become liable for the payment of the tax until next year; and the\namount that he would pay would be determined by the profits of this larger\nbusiness. The fact that after January he continued to employ the same/number\nof children would not affect the amount which he would have to pay.\nThere has not been the type of publicity in connection with the enforce-\nment of this Act which makes for the creation of a general public opinion in\nfavor of its observance, and general watchfulness as to whether it is or is not\nbeing observed. This fact is undoubtedly due to the general policy of not making\npublic matters relating to Income Tax, and also to the fact that the collection\nis usually delayed at least a year. I know that in the offices of the Child\nLabor Tax Division there is every desire to ent'orce it fully and completely.\nI know of no action on the part of Congresa to secure a new law or\nan amendment of this one. I think of necessity any such movement mist\nwait until the action of the Supreme Court inasmich as the attempt to utilize\nthe taxation power was regarded as a last constitutional resort by those who\nhave Federal Child Labor Law.\nadvocated a\nAs the present Child Labor Tax Law is not administered in the Children's\nBureau I should prefer not to be quoted with reference to the matter.\nYours very truly,\nGRACE ABBOTT,\nGA.ML\nChief."
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