gives them the right to be. We can see no reason why the bill should not be enacted into law.

The CHAIRMAN. Thank you.

Senator COPELAND. Was your association quite united in the matter?

Mr. DRISCOLL. Yes. The only discussion that came up was the question of changing "shall" to " may."

Senator KEAN. How many members have you?

Mr. DRISCOLL. We have, in round numbers, about 500 members; and at this meeting there were approximately, I would say, 175 present.

Senator KEAN. So that was not half of your people?

Mr. DRISCOLL. No; but they all had notice it was coming along. Senator KEAN. There were not half of them showed an interest in it enough to come to the meeting.

Mr. DRISCOLL. You find that in the gatherings of these civic organizations.

Senator COPELAND. I assume you feel there might be some intangible reason why a permit should not be issued, and, therefore, by leaving some latitude in the matter, that would put the question before the board, to determine whether it should be issued or not. Mr. DRISCOLL. Yes; we feel it would strengthen the board's hand a great deal more than saying that they shall do it.

Senator COPELAND. Mr. Cochran, would you object to that?

Mr. COCHRAN. No, Senator; I agree to the word "may" being substituted for "shall," and I agree to the words "adequate educational instruction " being given instead of just "educational instruction." That was another point that was brought up.

Senator COPELAND. What is that?

Mr. COCHRAN. That is on line 14. We changed that to make it read that they may issue the permit, when satisfied that the minor is receiving adequate educational instruction.

The CHAIRMAN. Thank you, sir.

Would anyone else here like to be heard in support of the proposed legislation?

If not, we will ask Mr. Bride, representing the District Commissioners, and the legal department of the District of Columbia, to make a statement.

STATEMENT OF W. W. BRIDE, CORPORATION COUNSEL, DISTRICT OF COLUMBIA COMMISSIONERS

Mr. BRIDE. I might say, Mr. Chairman, that the commissioners have sent me here to-day to tell the committee they are in favor of the passage of this bill, with certain amendments. They feel that there are some amendments which are needed to safeguard the children if this bill is passed.

They say that on line 8 of page 2 there should be an amendment after the word "they," which is the last word on the line, so that the bill would read:

That such persons shall not appear on such days after the hour of 11 o'clock in the evening of any day, nor more than 4 hours in one day, nor more than 28 hours in one week.

Further down, they say, as an additional safeguard, so that the Board of Education may have sufficient time to look into the nature of the play and its contents, that the proposal should be amended to read:

Application for such permit shall be made by the parent or guardian of such minor to the Board of Education of the District of Columbia, or the duly authorized agent thereof, at least 21 days

Instead of 48 hours

at least 21 days in advance of the scheduled theatrical performance, and with such application there shall be filed a copy of the manuscript of the play.

They also are in favor of the supervision which has been suggested both by Mr. Driscoll and by Mr. Cochran, that the board or its agents "may "issue the permit, when satisfied that a minor is receiving "adequate " educational instruction.

Senator COPELAND. That would be a censorship that you are proposing, would it not?

Mr. BRIDE. It is, to a decree; but in view of the fact that now there is an absolute prohibition and that the Board of Commissioners have complete confidence in the Board of Education, I believe it can be thoroughly understood after the period of 21 days.

Senator KEAN. Twenty-one days is a little long, is it not?

Mr. BRIDE. We feel that three weeks' notice to the Board of Education will give them sufficient time, if they wanted to do so, to thoroughly examine the play, in addition, perhaps, to go and see a performance in a near-by city, in the event that they were not satisfied with the language of the play.

In other words, there might be some indecent costumes, or some indecent music, or perhaps there may be something in the play that would be offensive to public decency. They think on account of that that a three weeks' period, in which they could examine the play itself, and perhaps see a rendition of the play, if that were possible, might be a good provision to have in the bill.

Senator KEAN. It seems to me 21 days is a long time.

Mr. BRIDE. We felt that three weeks was necessary, and I think that Mr. Cochran is entirely satisfied with three weeks, are you not, Mr. Cochran?

Mr. COCHRAN. Well, Mr. Bride, I think two weeks would be long enough.

Senator COPELAND. I am not so keen about the censorship business. Mr. COCHRAN. Neither am I; but as this bill was drawn, the censorship only applied to the child actor, where the children appeared in plays; but the district attorney's office of Washington has censorship powers to close a play.

Mr. BRIDE. The district attorney can close a play now, if he believes the play is indecent, as witnessed by the closing of the play of Mae West at the Belasco a short time ago.

Senator COPELAND. What reason is there that the Board of Education should have two or three weeks?

Mr. BRIDE. They can watch the particular children, and note the conduct of the play. When the Mae West play was here two or three weeks ago, the District Attorney went down and saw the play rendered, and closed the play the next day.

Senator COPELAND. What was your feeling about that, Senator Kean?

Senator KEAN. I did not see it.

Mr. BRIDE. I might say, for the benefit of the Senator, however, that the first comment as to the indecency of the play came from two Members of the United States Senate.

Senator COPELAND. They are not here.

Mr. BRIDE. No. The commissioners believe, in addition to the amendments mentioned, that there should be another section, which would provide that nothing in this act shall be construed as amending, altering, or repealing the provisions of section 7 of the act of May 29, 1928, which relates to acrobats and snake charmers, and so forth.

Senator COPELAND. What have you to say to that, Mr. Cochran ? Mr. COCHRAN. To eliminate the child acrobats and tight-rope walkers? I think that is all right; let that stay in the law. As a matter of fact, I understood that Congressman Zihlman, who was Chairman of the House District Committee at the time this law went through, felt that the wording of section 7 in the bill absolutely protected stage children, but he overlooked section 2, which says that no girl under 18 or boy under 16 shall be employed in any gainful occupation.

The CHAIRMAN. Mr. Bride, did you make any study as to the laws in other cities of like population to Washington?

Mr. BRIDE. No, sir; I did not. I might say that the commissioners also asked me to tell the committee this afternoon that they would have rendered a written report, so they could have gone more into the facts, but when the bill was presented, they sent it to the board of education and have not received a reply from the board of education in the premises. On account of the fact that they had had no reply, they felt they should not make a report to Congress. Senator KEAN. How long ago was that?

Mr. BRIDE. Three weeks.

Senator KEAN. Then you think that 21 days is not long enough for the Board of Education?

Mr. BRIDE. Well, I suppose we could have a modification.
Senator KEAN. I think we had better cut that down.

Mr. BRIDE. All right, sir.

Senator COPELAND. What sort of examination would be given by the Board of Education?

Mr. BRIDE. I do not know, sir. I should say that, as the director of children's activities is here, she could possibly give you a better idea of what the Board of Education would do than I could be able to tell you.

Senator KEAN. Mr. Bride, is it not a little hard on the theaters if they have to furnish a copy of the play three weeks in advance?

Mr. BRIDE. We feel this way about it, sir, that if the 48-hour provision was still in here, and a show actually came to Washington and was thrown out at the last minute, that would mean that these actors and actresses would be out of work during that period, but if they had three weeks time in addition, within which the Board of. Educa

tion could notify them that the play was or was not acceptable, they might be in better position to make other bookings.

Senator COPELAND. Even if it were not written in the bill, there would be nothing to prevent the actors or the producers from taking it up with the Board of Education.

Mr. BRIDE. Nothing, sir.

Mr. KEAN. Suppose they bill it 21 days from now, and they would get another opportunity to bill it, and then, after these 21 days, these people have the absolute right to throw it out on the last day

Mr. BRIDE. That provision, I think, you might very well amend the bill to provide that they should reply in 15 days prior to the opening of the production.

Senator KEAN. I think so, too.

(The commissioners' report referred to, subsequently received, is here printed in full as follows:)

Hon. ARTHUR CAPPER,

Chairman Committee on the District of Columbia,

MARCH 19, 1932.

United States Senate, Washington, D. C.

SIR: The Commissioners of the District of Columbia have the honor to submit the following on Senate bill 3448, Seventy-second Congress, first session, entitled "A bill to amend an act of Congress entitled 'An act to regulate the employment of minors within the District of Columbia,' approved May 29, 1928," which you referred to them for report as to the merits of the bill and the propriety of its passage.

The law regulating the employment of minors within the District of Columbia, which was enacted May 29, 1928, places the administration of said law upon the board of education of the District of Columbia. Under date of February 11, 1932, the commissioners requested the views of the board of education as to the merits of this measure. Under date of March 17, 1932, the board of education informed the commissioners that it approved the report made March 16, 1932, of its legislative committee, a copy of which report is attached hereto.

The commissioners have, however, given consideration to the proposed measure as a matter of public policy and see no reason why the legislation should not be enacted with certain amendments as safeguards in the administration of the proposed law. They, therefore, recommend the passage of the measure, provided it is amended as follows:

Page 2, line 8, strike out the period after the word "day" and insert in lieu thereof a comma and the following words " nor more than four hours in one day, nor more than 28 hours in one week."

Page 2, line 13, strike out the period after the word "performance and insert in lieu thereof a comma and the following words " and with such application there shall be furnished a copy of the manuscript of the play and the Board of Education shall advise the applicant of the granting or refusal of such permit within 10 days thereafter."

Page 2, line 13, strike out the word "shall" and insert in lieu thereof the word" may."

Page 2, line 14, insert after the word "receiving" and before the word educational," the word " adequate."

Insert a new section to be known as section 7b to read as follows:

SEC. 7b. Nothng in this act shall be construed as amending, altering, or repealing the provisions of section 7 of the act of May 29, 1928."

With the above amendments, the commissioners recommend favorable action on the bill.

Very truly yours,

President Board of Commissioners of the District of Columbia.

BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA,
Washington, D. C., March 17, 1932.

TO THE HONORABLE COMMISSIONERS

of the District of Columbia, Washington, D. C.

GENTLEMEN: The Board of Education at its meeting of March 16, 1932, had before it for consideration the Senate bill 3448, of the Seventy-second Congress. This bill proposes to amend the act of May 29, 1928, which requests the employment of minors within the District of Columbia. The bill was referred by the commissioners to the Board of Education for the return of an opinion on the proposed legislation.

The board referred the bill to its legislation committee for study and report to the board. The report in its entirety is submitted herewith, and was approved by the board on March 16, 1932.

Very truly yours,

HARRY O. HINE, Secretary.

BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA,
Washington, D. C., March 16, 1932.

To the Board of Education of the District of Columbia.

LADIES AND GENTLEMEN: The committee on legislation held a meeting on February 29, 1932, to hear Miss F. L. Bentley, director of the department of school attendance and work permits, and Mr. S. E. Cochran, manager of the National Theater, discuss Senate bill 3448, proposing to amend the act of May 29, 1928, regulating the employment of minors within the District of Columbia the bill having been referred to the board by the Commissioners of the District of Columbia for its opinion.

The report of the hearing attached hereto is a synopsis of the proceedings prepared by Mr. H. O. Hine, secretary of the board; this report contains also the statement of briefs, papers, letters, and telegrams before the committee favoring or opposing the bill.

The legislation committee suggests to the board that its function in regard to the child labor act is properly to enforce it. We believe that the content of the act, and of any proposed amendment, should properly be in the province of Congress to determine, and the board should not put itself, nor allow itself to be put, into the position of passing on the propriety of this proposed amendment. If Congress should determine the proposed amendment, in spirit, a proper one, we would recommend to the board that it advise Congress, through the Commissioners of the District of Columbia, that our board should not be given the duty of determining whether “any traveling theatrical production" employing minors is "considered offensive to public decency." We would further recommend that, if Congress determines the proposed amendment, in spirit, a proper one, the word "may" be substituted for "shall" in line 13, page 2 of the bill, and the word " 'adequate" be inserted before the word "educational" in line 14 thereof, as suggested to the committee by Mr. S. E. Cochran, sponsor of the bill.

Approved.

A true copy:

HENRY GILLIGAN,
LENORE W. SMITH,
F. I. A. BENNETT,
Committee on Legislation.

The CHAIRMAN. We thank you, Mr. Bride.

HARRY O. HINE.

Now, I think we have heard all of those who favor the bill. I want to insert in the record a letter from the Extension Director of the White House Conference on Child Health and Protection, Mr. Hastings.

WHITE HOUSE CONFERENCE ON CHILD HEALTH AND PROTECTION,

Hon. ARTHUR CAPPER,

Washington, D. C., February 23, 1932.

Senate Office Building, Washington, D. C.

DEAR SENATOR CAPPER: In reply to your letter of February 20 in regard to Senate bill 3448 to permit minors to appear on the stage in Washington under