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98 MOTION PICTURE COMMISSION. Mr. TowNKK. Yon say the States Avill not accept a censorship of Congress? llow can they help it? ]Mr. Seligsherg. They "can help it in the same way that they have refused to accept the action of C(m<^vess on many other questions, as, for instance, in the case of the pure-food laws. ;Mr. 'J\nvxEi;. This is what I mean: If we have a national censor- ship then before any film can be sent from one State to another it must be passed by the national board of censorship? Mr. Sklicisrero. Yes. Mr. ToA\xER. If it is not approved it can not go, and the protec- tion which the National Government gives takes those things into view. Mr. Seeigsp.erg. That is true. Mr. Towner. If the national board of censorship should pass a film, then it might be subject both to State and municipal censorship? Mr. Seeigsberg. It will be. Mr. Toavker. I know; but you must remember that the exclusion- ary power is absolute, first, in"the General Government. Mr. Seligsberg. That is true. Mr. Towner. If the object of censorship is protection to the chil- dren it could absolutely give national protection to every child in the land. . . Mr. Seligsberg. Yes: but if your censors are of one opinion in regard to a film and the local people are of a different opinion, it is not only readilv conceivable, but it is absolutely certain that where ever there may be a local censorship some of the film which is passed by the national board will be rejected by the local board. Mr. Towner. That is verv true, but there can be no consideration whatever in any State of a "film that has been excluded by or passed unfavorablv upon by the national board. Mr. Seli"gsberg. Unless by some device the positive copies can be printed within each State, it is quite probable that this act could be enforced. I think they would endeavor to make each positive print a subject of intrastate "commerce. I know it would be done if it could be done. Mr. Fess. I do not know whether I understood you correctly or not. I understood you to say when you asked the question why the Federal Government should "attempt" the protection of children that that is purely a State matter. Mr. Seligsberg. It seems so to me. Mr. Fess. Do you think we wnll never have a child-labor laAV enacted by the National Government? Mr. Seligsberg. I do not know. Mr. Fess. It would not be unconstitutional, would it? Mr. Seligsberg. I will say again I do not know. Mr. Fess. I was trying to get at the meat of your statement. Mr. Seligsberg. I do not know Avhether it would be constitutional. I would not dare to give an off-hand opinion on that question. I will say, however, speaking only for myself in a personal way. that I should think a national child-labor "law could be made constitu- tional. . Mr. Fess. That would be largely for the protection of the child ( Mr. Seligsberg. No; it would be. strange to say, largely for the protection of the manufacturer.