H3 THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924002660813 THE INTERNATIONAL LABOR ORGANIZATION OF THE LEAGUE OF NATIONS Research Report Number 48 April, 1922 National Industrial Conference Board THE CENTURY CO. NEW YORK PUBLISHERS PROPERTY OF LIBRARY CORNELL UNiVc^SlTY Copyright, 1922 National Industrial Conference Board Foreword The National Industrial Conference Board has prepared this Research Report on the International Labor Organization because it recognizes the interdependence of nations in the world economic structure, the importance of studying ex- periments and efforts aiming to effect international economic stabilization and improvement, and the broad constructive interest of American employers in any plan for the prevention of industrial unrest and the betterment of the economic condi- tion of the workers. The International Labor Organization is an experiment unique in economic development. It is the fruit of over a century of agitation by trade unionists, social reformers and governments as well as by some employers. It exists under the sanction of the Treaty of Versailles and at present has a membership of fifty-four nations, the United States and Russia being the two nations of major importance outside its scope. It may have a marked influence on the future of labor and industry in the various nations, and its accomplish- ments during the past three years are, therefore, of consider- able general interest. This Report is based on an analysis of all available govern- mental and other documents, on examination of the publica- tions of the International Labor Organization, including the Minutes of the regular meetings of its Governing Body, and the reports of the Proceedings of its General Conferences. This has been supplemented by a study of the views of the International Organization of Industrial Employers, the Inter- national Federation of Trade Unions and other bodies of employers and employees, and by interviews with some of the members of the Governing Body of the Organization and with prominent industrialists of nations now comprised in the membership of the International Labor Organization. In the preparation of this Report the National Industrial Conference Board has also had the advantage of a first hand study by its Managing Director of the work and operation of the International Labor Office in Geneva, Switzerland. CONTENTS CHAPTER PAGE I. Historical Background of the International Labor Organization 1 The First Efforts, 1818-1857 3 The First Official Action, 1855 6 The First Internationale, 1866 7 The Second Official Move and Developments in Germany and France, 1871-1885 8 Further Efforts, 1886-1890 10 The Third Effort of the Swiss Government, 1889 11 The Congress of Berlin, 1890 12 International Labor Conferences, 1897-1900 13 The International Association for Labor Legislation 14 Immediate Causes of the Establishment of the International Labor Organization 16 II. The Labor Sections OF THE Treaty OF Versailles 22 The Permanent Organization (Articles 387-399) 24 Procedure of the International Labor Organiza- tion (Articles 400-420) 28 General Provisions (Articles 421-423) 33 Transitory Provisions (Articles 424-426) 33 General Principles Underlying the International Labor Organization (Article 427) 34 III. The Work of the International Labor Con- ferences 39 The First International Labor Conference 43 The Second International Labor Conference.. . . 56 The Third International Labor Conference 61 Action Taken for the Ratification of the Deci- sions of the Washington, Genoa and Geneva Conferences 83 IV. Accomplishments of the International Labor Office 95 V Contents — Continued CHAPTER PAGE V. The Strength and Weakness of the Inter- national Labor Organization 118 The Influence of New Political Factors 119 EflFect of the Augmented Power of Organized Labor 120 Effect of the Fear of Radicalism 121 Influence of Liberal Sentiment 122 The Need for a Stabilizing Force in Labor Regulation and Control 123 Obstacles to International Labor Legislation . . 124 Attitude of Government, Employer, and Em- ployee Representatives 134 Criticism of Frequency of Meetings 140 Propagandist Tendency of the International Labor Office 142 Eff^ect of the Absence of the United States 142 The Industrial Philosophy of the United States . 143 Relations Between the Trade Union Movement and the International Labor Office 146 The International Labor Office as a Political Influence 151 Voting Power of Small States 152 Difficulty of Selecting the "Most Representative" Organizations of Employers and Employees 155 The International Labor Organization and Industrial Unrest 157 o < s ■< o b; o o n <: ►J < o l-H B 6-1 Z e r^ >*^ • l« --1,^^^ nal Labor Organization Armenia Liechtens Ukrainia Azerbaija '! ^^^« ■r o ■a .^B ^^B^aL. Outsid* Turk. Russi Geori Nations ' ited States xico ngary fl « p .2 * • 1 ® The International Labor Organization of the League of Nations CHAPTER I HISTORICAL BACKGROUND OF THE INTERNA- TIONAL LABOR ORGANIZATION Part XIII of the Treaty of Peace with Germany signed at Versailles on June 28, 1919, provides that an international labor organization shall be set up under the League of Nations to further the physical, moral and intellectual well-being of industrial wage earners, to improve those conditions of labor that involve "such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled," and to elevate working conditions by suggestions for international regulation and legislation. ' The International Labor Or- ganization has been at work since October, 1919, and at present has a membership of fifty-four separate nations. Its importance is therefore obvious. From the point of view of the number of nations involved in the World War, the settlements made and the decisions reached, it is evident that the Treaty of Versailles is one of the most significant international documents since the Treaty of Paris and the Congress of Vienna in 1814-1815, which marked the termination of the Napoleonic wars. The Treaty of Versailles, it may be observed, is a double-edged document; it is both political and economic. The settlement of boun- daries, the fixing of reparations and of indemnities, the solu- 1 The same Labor Sections as in the Treaty of Versailles were incorporated in the treaty with Austria signed at Saint-Germain-en-Laye on September 10, 1919, in the treaty with Bulgaria signed at Neuilly-sur-Seine on November 27, 1919, in the treaty with Hungary signed at the Trianon on Jime 4, 1920, and in that with Turkey signed at Sfevres on August 10, 1920. In the Treaty of St. Germain these sections constitute Part XIII, Articles 332-372, inclusive; in the Treaty of Neuilly-sur-Seine they constitute Part XII and comprise Articles 249-289 inclusive; in the Treaty of Trianon they constitute Part XIII, Articles 315-355 inclusive, and in the Treaty of Sivres they constitute Part XII, Articles 374-414 inclusive. For convenience the Treaty of Venailles is here used and the textual references are to the Labor Sections of that treaty. tion of political problems and the stoppage of wars in the future constitute but one phase of the Treaty and the League of Nations which it has set up. Yet, for various reasons, these political provisions have come in for most public atten- tion, especially in the United States, where those parts of the Treaty relating to the Covenant of the League of Nations have received the more thorough inspection and discussion. In general, Part XIII, containing the Labor Provisions has, certainly in the United States, received least consideration. Yet the labor sections are far-reaching, and have as their purpose the introduction of a new era in international labor relations that cannot but exert a potent influence on the future relations between employers and employed in all industrial nations. Because of the conditions which they seek to establish and the principles which they enunciate, these provisions have been aptly called the Labor Charter. Moreover, the Treaty specifically recognizes that the labor sections constitute one of its vital, if not fundamental, parts. The Preamble to Part XIII of the Treaty makes this clear. This preamble is given in full on page 24. In the same way the concluding section (Article 427) of Part XIII of the Treaty of Versailles states that The High Gsntracting Parties, recognizing that the well-being, physical, moral and intellectual, of industrial wage earners is of supreme international importance, have framed, in order to further this great end, the permanent machinery provided for in Section I and associated with that of the League of Nations. Part XIII of the Treaty creates an autonomous permanent International Labor Organization whose purpose is to work for the establishment of labor standards. The Organization has already held three international labor conferences at which were adopted sixteen Draft Conventions for ratification by the Members of the International Labor Organization and eighteen Recommendations to be taken as a guide in framing national legislation. 1 These decisions relate to such matters as limi- tation of hours of labor, prevention of and insurance against unemployment, reciprocal treatment of foreign workers, employment of women and children, limitation of night work for women and young persons, protection against occupational diseases, and other matters involved in the employment > See Chapter HI. relation. Provision is made in the Treaty for such confer- ences at least once in every year. The Treaty has also set up as part of the International Labor Organization a permanent International Labor Office, which has issued a large number of publications that are being widely distributed and is making investigations into industrial conditions in various countries. It will be seen, therefore, that both the Labor Provisions of the Treaty and the permanent machinery which it sets up are of prime significance for industrialists. Yet to view the International Labor Organization as a development solely of the war is not to see it in its proper light. While it is undoubtedly true that the trade union representatives, whose counsels at the time of the Armistice were considered im- portant, favored the setting up of an international labor organization and are largely responsible for the Labor Pro- visions of the Treaty, it must be remembered also that the forces behind the movement have been active for more than a century and that not only trade unionists but employers, social workers, legislators and social and political economic organizations of various kinds have for many years been active in the effort to establish the necessary machinery for international labor legislation. To understand the present International Labor Organization fully, therefore, it is necessary to understand its historical background. The First Efforts, 1818-1857 While the International Labor Organization represents the greatest effort and success of the movement toward inter- national labor legislation, the origin of the movement is to be found more than a century back. In 1818 Robert Owen, a Scottish employer and social reformer, appeared at the Congress of the Holy Alliance at Aix-la-Chapelle, where he presented two Memorials for the consideration of the assembly of European rulers.' In these Memorials he called attention "to the new and extraordinary effects produced by the intro- duction of improved scientific power into the manufactures of Europe and America . . . which has already materially 1 "Life of Robert Owen, An Autobiography," Vol. 1, 1857, pp. 182, 185-7 and Vol. I. A, 1858, supplementary appendix to Vol. I, pp. 209-222; Podmore, Frank. "Robert Owen, A Biography," 1906, Vol. I, pp. 253-4; Owen, Robert. "New View of Society," 1818, — containing "Two Memo- rials on Behalf of the working classes; the first presented to the Governments of Europe and America, the second to the Allied Powers Assembled in Congress at Aix-la-Chapelle," 1818, 27 pp. affected the value of manual labor, and the health, comfort, and happiness of the working classes," and urged "that as the unaided deliberations of Governments are necessarily slow, and the people are daily injured by the effects of the mis- directed influence of the new power," and "with a view to facilitate and accelerate the execution of an object which the Allied Powers have so much at heart, and in which their immediate interest is so deeply involved," the most important task before the Governments of Europe was the international fixation of the legal limits of normal industrial conditions. He pleaded with the assembled rulers that "the finest oppor- tunity that has ever occurred in history now presents itself to Congress, to establish a permanent system of peace, con- servation and charity, in its most enlarged and true sense, and effectually to supersede the system of war, destruction and of almost every evil," and that "judicious measures should be adopted with the least delay." These two Memorials, the first of which was addressed to the Governments of Europe and America, and the second to the Allied Powers assembled in Congress at Aix-la-Chapelle, were presented by Owen "on behalf of the working classes." Owen also urged in behalf of his proposals that "any attempt to stop or retard the introduction of these measures will be unavailing. Already the principles and consequent practices are placed effectually beyond the power of human assault. It will be found that silence cannot now retard their progress and that opposition will give increased celerity to their move- ments." The Memorials were published in English, French and German and were officially called to the attention of the Congress by Lord Castlereagh, the British representative. They were considered as of some importance, but no official action was taken as a result of them. The idea of labor legis- lation was still new and the suggestion for an international labor concordat, or of international labor legislation, was cer- tain to be regarded as visionary, because premature. Owen, however, was not discouraged. He continued to urge his idea and in 1857, the year before his death, he issued "A Letter addressed to the potentates of the earth, in whom the happiness and misery of the human race are now vested; but especially to Austria, France, Great Britain, Prussia, Russia, Sardinia, Turkey and the United States of North America; 4 because these powers are now at peace with each other and could, without war, easily induce all the other Governments and people to unite with them in practical measures for the general good of all through futurity. "^ In this Letter he urged that an international world congress of the leading Govern- ments be held in London and said that he would be willing to meet and discuss with them the means by which these nations might "with ease and pleasure gradually create those surround- ings, in peace and harmony, which shall have a perpetual good and superior influence upon all." No official notice was taken of this letter, but Owen's continued agitation was responsible for the enactment of various labor laws in England, an example followed on the Continent. Not long after Robert Owen began his agitation, Jerome Blanqui, a French economist, with liberal views, in his "Cours d'Economie Industrielle,"^ urged that the only way of improving social conditions and avoiding industrial abuses was for all the industrial peoples to come together and adopt uniform labor measures.' Blanqui, who was professor of industrial economy in the Conservatoire des Arts et Metiers, had no more success than had Owen; his views were regarded as academic and theoretical in character. During the years 1840-1857 Daniel Le Grand, an Alsatian silk manufacturer, addressed a number of Memorials to the European Governments, urging that "there exist in the present state of European industry certain conditions which the na- tions alone, individually, cannot regulate, but which can be regulated by a Congress of the powers interested therein."'' His first Memorial was addressed to members of the Council at Paris and to the Ministry of France. In this he demanded that an international conference should be called in order to consider and to pass necessary legislation for the protection of the workers, and urged that "an international law, govern- ing industrial activities, is the only possible solution of the great social problem here."* He argued particularly that the ' "Life of Robert Owen, An Autobiography," Vol. lA, supplementary appendix to Vol. I, pp. X-XII. 2 Published 1S38-1839. ' Mahaim, "Le Droit International Ouvrier," p. 189. * Archives Diplomatigues . Recueil Mensuel International de Diplomatie et d'Sistcrie. Beuxi^me Serie, Tome XXXVI, Octobre, Novembre, D&embre, 1890, pp. 36-40; Mahaim, "Le Droit International Ouvrier," pp. 188-196. 5 "Appel respectueux adress^ aux Gouvernements des pays industriels dans le but de provoquer une loi Internationale sur le travail industriel dont les dispositions seraient k arr^ter par leurs d61£gu& r^unis en un Congr&s ^ Paris" Archives Diplomatiques , Deuxi&me S6rie, Tome XXXVI (1890), pp. 37-38. employment of children should be prohibited; that the hours of labor should be limited; that Sunday labor should be stopped and that at least one day of rest out of seven should be assured to all workers; that night work for young persons and for women should be prohibited and that measures should be taken to assure to the workers reasonable opportunity to enjoy their family life. Between the years 1853 and 1857 Le Grand made four distinct efforts to have the statesmen of Europe call an international conference to consider inter- national labor legislation. 1 His efforts, like those of his predecessors, were fruitless." The First Official Action, 1855 While the year 1818 is important as marking the first move for international labor legislation by a private individual, the year 1855 is significant as marking the beginning of governmental initiative in this direction. In that year the Canton of Glarus, in Switzerland, appointed a commission to make recommendations to it for suitable factory legislation. This commission suggested the advisability of an international concordat to regulate the length of the workday, employment of women and child labor, protection against industrial disease and similar matters, even though it was doubtful whether international agreement on these questions could be secured. Yet, while admitting that "at the moment this idea may in any event be placed in the category of vain hopes," the Commission urged that "it should, nevertheless, be striven for" if uniformity in factory legislation were to be secured.' As a result of the report of this commission the Canton of Glarus wrote to the Council of Zurich, requesting agreement to a plan for the protection of labor on an international basis. No action, however, resulted. The following year, at the Congres Internationale de Bienfaisance, which met at Brussels, a Bavarian named Hahn submitted a plan calling for an "international law i"Dernier, pressant et respectueux appel en faveur des int6rgt5 des classes souffrantes si dignes et la solicitude constante des gouvernements et si intimement et ISgitimetnent life aux destinies des Princes et des Peuples". Archives Diplomatiques, Deuxi^me S&ie, Tome XXXVI (1890) pp. 39-40. 2 Krawtchenko, Nicolas. "Un Pr^curseur du Droit International Ouvrier, Daniel Legrand (1783-1859)." Rnue Clniralt de Droit Internationale Public. Annie 17, pp. 221-225. Paris ' Archives Diplomatiques, DeuxiJme SIrie (1890), Tome XXXVI, pp. 40-41. 6 relative to industrial work." This suggestion was received favorably and a year later, in 1857, it was approved.* In 1858 Johann Bluntschli, a German jurist, in his "Deut- sches Staats-Worterbuch," discussed the problem of inter- national labor regulation, thereby giving far-reaching pub- licity to the movement.'' Various writers of more or less prominence in Germany, France and elsewhere, took up the question, and thenceforth it became a topic of ever-widening agitation throughout Europe. The First Internationale, 1866 In November, 1847, a workingman's association, at first exclusively German, but subsequently organized on an in- ternational basis under the name of the Communist League, held its congress in London.' Three months after its organi- zation it issued the "Communist Manifesto," written by Karl Marx and Friedrich Engels. The "Manifesto," which first appeared in German and then in French, is undoubtedly one of the most important Socialist documents. It was revolutionary in character and discussed the conditions that, in the opinion of its authors, had created a down-trodden proletariat in the hands of a dominant capitalism and an- nounced the principles whose adoption would ultimately re- sult in the supremacy of the working class. Its keynote, "Workmen of the World Unite!" has remained the watchword of Socialism to this day. The "Communist Manifesto" was widely circulated and was a contributing factor in the political unrest of 1847-1848 that swept over Europe. With the fail- ure of the Revolution of 1848 in France, radicalism in Europe suffered a check. After a dozen years, however, it was again in full swing. Out of the continued agitation grew in 1864 the Interna- tional Workingmen's Association, formed in London with the avowed purpose of uniting the militant working populations of Europe and America. This Association, known as the First Internationale, held its initial meeting at Geneva in ' Mahaim, "Le Droit International Ouvrier," p. 197. * See Article on "Fabrikewesen und Fabrikarbeiter," in Vol. Ill, pp. 476-495 of the "Dcutsches Staats-Worterbuch." ■"AUegemeine Statuten und Verwaltungs-Verordnungen der Internationalen Arbeiterassozia- tion." Amtliche Deutsche Ausgabe; Guillaume, James. "L'Internationale, Documents et Souvenirs (1864-1878)", Tomes I-IV, Paris, 1905-1910; "Historical Survey of International Action Affecting Labor." United States. Bureau of Labor Statistics. Bulletin No. 268. Chapter III, pp. 34-64; Ayusawa, Iwao Frederick, "International Labor Legislation", pp. 26-29. 1866. Trade union representatives from England, France, Germany, Italy, Poland and Switzerland were present at the organization meeting. Although little more than a conference of trade unionists representing different nations, the meeting was significant for the set of resolutions adopted. These subsequently became regular trade union demands and presented a basis for later discussions of international labor legislation. They urged the workers to demand a limitation in the hours of work for all classes of labor, prohibition of gainful employment of children between nine and thirteen years of age, the limitation of the hours of work of older minors, prohibition of night work for women and of all work injurious to the health of the workers, and finally, govern- mental action to secure international protection for labor. At the following meeting of the Internationale in 1867, at Lausanne, Switzerland, the same program of labor legis- lation by international action was outlined. Socialist prin- ciples were adopted for the first time, with the result that the English adherents, who favored a strictly trade union pro- gram, withdrew. At the subsequent meeting in 1868 at Brussels, at the meeting at Basle in 1869 at which the United States was represented among the delegates for the first time, at the meetings in London in 1871 and at the Hague in 1872, the same agitation was continued. Internal disagreements with a group of anarchists headed by Mikhail Bakunin, who had been admitted into the Internationale in 1869, and internal dissensions among the delegates who could not agree upon Socialist principles, finally led to disruption of the Internationale.^ At its last congress, which took place at Philadelphia in 1876, the organization was formally dissolved. Its persistent demands, urged continually at its meetings in important centers of Europe, served^, however, to make the question of international labor legislation a leading issue which was taken up by numerous Socialist and other radical bodies. The Second Official Move and Developments in Ger- many AND in France, 1871-1885 Between 1871 and 1885, individual efforts in behalf of international labor legislation continued in various European • See Brupbacher, "Marx unci Bakunin: Ein Beitrag zur Geschichte der Internationalen Arbei- terassoziation." MUnchen; G. Birk & Co., n. d. 2023. countries, but without avail. In France, Louis Wolowski, in his "Le Travail des Enfants dans Les Manufactures,"^ urged that exploitation of women and young persons was rendered necessary because of foreign competition. These evils, he urged, might be obviated through international agreement in the same way as had been done with the slave trade. In 1873 he suggested to the French National Assembly a definite plan for international labor agreements. In Germany similar suggestions were made. In 1871, a theologian, named Thiersch, appealed to the German Em- peror to call an international labor conference. More sig- nificant was the proposal in the same year by Count von Bismarck to the Comte de Beust of Austria for a conference between both countries. As a result of this suggestion, a conference was called at Berlin in November, 1874, but no definite agreement was adopted between the two countries.^ In 1876 the President of the Swiss Republic urged before the Swiss National Council "the conclusion of international treaties tending to regulate labor questions in a uniform manner in all the industrial states."^ He also suggested an international conference to consider certain standards of labor legislation. No action was taken immediately, but in 1880 he presented a definite motion before the national chamber, directing the Swiss Federal Council to take up with the various industrial nations of Europe the question of establishing international regulations of labor in factories. This motion was considered and adopted in 1881 and, as a result, the Swiss Government, through its diplomatic represen- tatives in England, France, Germany, Austria, Belgium and Italy, made an effort to ascertain which of these nations would join with it. With the exception of Belgium, which made no reply, all of the governments indicated that they were opposed to the idea.'* The second oflBcial move, therefore, was without result. In January, 1885, Baron Hertling, subsequently one of the German Chancellors, in a debate in the Reichstag, made a strong appeal for international labor laws. Chancellor von ^ Wolowski, Louis. "Le Travail des Enfants dans Les Manufactures: Lecons de M, Wolowski 14-17 avril, 1868" (Extrait du Bulletin de la Socifit6 de Protection des Apprentis et des Enfants des Manufactures.) 2 Bulletin des Internationalen Arbeitsamtes, Vol. Ill, p. 9. ' Arclmes Diplomaliques , DeuxiSme S^rie (1890), Tome XXXVI, p. 41. »/WiJ.,pp. 41-46. 9 Bismarck, however, condemned the suggestion as "impossible and impracticable" and, although a heated debate followed, the Reichstag took no action. ^ In 1884 and 1885 the Chamber of Deputies at Paris was urged by a number of its members to enter into international labor agreements with other countries.^ Deputies favoring such action argued that industrial evils must be combatted internationally and that the experience with international commercial treaties offered a basis for international labor legislation. Further Efforts, 1886-1890 Despite the failure to secure action from any of the govern- ments, the agitation for international factory regulation and for international agreements with regard to social legislation was continued privately, in the press, at public meetings and at conferences of various organizations.' In 1886, at a labor conference in Paris to consider the limitation of the length of the workday, a resolution was adopted, urging the workers of all countries to demand that their governments enter into international agreements for the protection of labor. The Congress of Trade Unionists of France, at its meeting at Montlufon the following year, responded to this appeal by demanding that the French Government negotiate with other countries for the protection of labor. The First Internationale had been disrupted, owing to difficulties with the anarchistic elements that had been ad- mitted to membership, but in 1889 the Second Internationale was formed. Its first meeting was held in Paris on July 14, 1889, the hundredth anniversary of the fall of the Bastille, and was attended by over 400 delegates representing the trade union and Socialist organizations of twenty countries. This congress endorsed the action of the Swiss Government of 1881 for an international labor conference and urged its membership to give such support to the Swiss Government's proposal as would result in its materialization. It declared its unequivocal belief in the class struggle until the working 1 Mahaim, "Le Droit International Ouvrier," pp. 200-203. 'France. Chambre des Ddputfe. Journal Officiel. Dibats Parkmenlaires. Annfe, 1884, Tome I, 26 Janvier, pp. 190-194, and Annde, 188S Tome II, 8 D&embre, p. 177; Chatelain, L. La Protection Internationale Ouvrike", pp. 17-20. 'Fontaine, Arthur. "La Legislation Internationale du Travail." In: Revue Politiaut el Parletnenlaire, Paris, 1914, Tome LXXIX, p. 231. 10 class would be emancipated. It also adopted a program calling for prohibition of the employment of children under 14 years of age and of all night work, adoption of the 8-hour day and of one day's rest in seven, establishment of minimum standards of health and of wages, creation of systems of state- paid national and international factory inspection, and similar measures designed to improve the condition of industrial wage earners.^ Meetings of the Second Internationale were held in Brussels in 1891, Zurich in 1893, London in 1896, Paris in 1900, Amsterdam in 1904, Stuttgart in 1907, Copenhagen in 1910 and Basle in 1912. A meeting was planned for Vienna in 1914 but was prevented by the war. These meetings, held at different strategic centers in Europe, served not only as a means of sowing the seed of Socialist doctrine, but also of urging the international unity of labor and the necessity of international labor legislation. The Third Effort of the Swiss Government, 1889 Meanwhile, in 1889 the Swiss Federal Council addressed a note to the European governments, suggesting an international conference to consider the advisability of agreement on such questions as prohibition of Sunday work, elimination of the employment of women and children in dangerous and un- healthy processes, regulation of night work, adoption of a minimum age at which children might be admitted to industry, and similar regulation of factory labor. This note was sent to fourteen nations.^ Four — Germany, Denmark, Norway, and Sweden — made no reply. Russia refused to take part on the ground that the size of her Empire made it impossible to enforce any labor law throughout the entire country. Spain acknowledged receipt of the note, but took no action. Eng- land and Italy stated that they were doubtful whether any definite result could be accomplished. Only six of the fourteen governments — France, Luxemburg, Belgium, Aus- tria-Hungary, Holland and Portugal — gave a definitely favorable reply. The conference was originally planned for September, 1889, but owing to the nature of the responses it ' Chatelain, "La Protection Internationale Ouvrifere," pp. 20-22; Boilley, "La L6gislation Internationale du Travail," pp. 63-76. 'Archives Ditlomatiques, DeuJtitoe Siiie (1890), Tome XXXVI, pp. 46-53. 11 was postponed to the following year.'^ On January 28, 1890, formal invitations with detailed programs were sent to all the nations, with a request that they be represented at the international labor conference which would have its initial meeting at Berne, Switzerland, on May 5, 1890.^ The Congress of Berlin, 1890 While the stage was thus set for what was looked forward to as the first international labor conference, the invitations were withdrawn and the meeting did not take place in Switzer- land. This sudden change in plan was due to the action of Emperor William II of Germany, who on February 4, 1890, sent an imperial order to Chancellor von Bismarck, directing him to approach the Governments of England, France, Bel- gium and' Switzerland and ascertain how ready they were to enter into an international agreement for the improvement of industrial conditions.^ In this order the Emperor stated that this action was caused by his solicitude for the mainten- ance of German industry in competition with the international market and added: "The difficulties which oppose themselves to the betterment of the condition of our workers and which result from international competition can be, if not surmount- ed, at least diminished in no other way than by the interna- tional agreement of the countries which dominate the inter- national market." The countries previously invited by Switzerland, with the exception of Russia, whose refusal was regarded as certain, were approached by Bismarck. The Emperor himself invited the Holy See to be represented, and Pope Leo XIII accepted with enthusiasm.* The pro- gram outlined for the Congress included such questions as the regulation of labor in the mining industry, regulation of Sunday labor, regulation of child labor, regulation of the work of young persons, and regulation of the labor of women.* The Congress of Berlin met from March 15 to March ^ "Circulaire du Conseil federal aux gouvernements des fitats industriels de TEurope concernant radjournement de la conference Internationale sur le travail dans les fabriques." Archives Diplo- matiqucs. DeuxiSme S&ie (1889), Tome XXXI, p. 342. ' Archives Diplotnatiques, "La Conference OuvriSre de Berne," Deuxi^me Sirie (1890) Tome XXXm, pp. 372-374. ' Reichsanzeiger, Feb. S, 1890; Archives Diphmaliques, Deuxitoe Sirie (1890), Tome XXXIII, pp. 325-326. 'The Papal reply is given in Archives Diplomatigues, Deuxi&ne S&ie (1890), Tome XXXV, pp. 18-19. ' Archives Diphmaliques, Deuxiime Sirie, Tome XXXIII (1890), pp. 328-329. 12 29, 1890, with representatives from England, France, Ger- many, Austria, Hungary, Belgium, Holland, Denmark, Italy, Norway, Portugal, Sweden, Spain, Switzerland and Luxemburg present. The Congress concerned itself, how- ever, more with discussion of what should be done by the different nations than with definite d cision of what to do. Besides an interchange of opinion and a decision that it would be desirable to meet again, nothing was accomplished .^ The Congress of Berlin was significant, however, in that it marked the first official action by the governments of Europe. Furthermore, it served to encourage the efforts of all those individuals and associations who had favored international labor legislation. International Labor Conferences, 1897-1900 The decade, 1890-1900, is significant in marking the begin- ning of the development of large scale industry in a manner such as had never been witnessed since the Industrial Revolu- tion, and in ushering in a new era in international social and economic action. Organizations interested especially in social reform which had formerly received but little attention outside , their respective membership ranks began, through their international meetings in various industrial centers on the continent and in the United States, to assume a position in the public eye such as they had never been favored with before. At these congresses it was the invariable practice to pass certain resolutions and endorse programs of various kinds, and at many of these the question of international labor reform came up for consideration. Thus a growing sentiment began to develop which gave much encouragement to the proponents of international labor legislation. ^ Of no little significance was the union in 1891 of the two opposing Socialist groups, who since 1882 had met separately, but now at their Congress in Brussels joined forces on a pro- gram endorsing "the class struggle in the conviction that there can be no possibility of the emancipation of the working class as long as there are ruling classes." Emile Vandervelde, a young Belgian Socialist, who in 1919 was a member of the ' Archives Diplomatiques, Deuxiime S6rie (1890), Tome XXXV, pp. 18-74. 137-185; Mahaim, "Le Droit International Ouvrier," p. 207. 2 See "Historical Survey of International Action Affecting Labor." United States. Bureau of Labor Statistics, Bulletin No. 268, Chapters III-V, pp. 34-116. 13 commission that drafted the Labor Part of the Treaty of Versailles, expressed the thought of Congress when he declared that "for the first time revolutionary Socialists and trade unionists have found themselves in agreement in proclaiming the necessity of the class struggle. Here is a new fact without precedent; the Socialists of the entire world are united in accord with the words of Karl Marx 'Workmen of the World Unite!' " The Congress before adjournment adopted a pro- gram favoring social and labor reform. In 1896 the Swiss Government, which had hitherto taken the initiative in the efforts to effect international labor agree- ments, suggested to the various European governments the advisability of establishing an international statistical labor bureau to serve as a clearing house of information on labor and social legislative matters. Because of the general opposi- tion to the project, no effort was made to carry it out. The following year the Swiss Federation of Labor called an International Conference for Labor Protection which met at Zurich in April, 1897. Thirteen European countries and the United States were represented by trade union delegates. The conference discussed and approved action relating to prohibition of Sunday work, limitation of the labor of women and young persons, regulation of night work and labor pro- cesses dangerous to health and safety, and also methods for more stringent factory inspection. It favored applying governmental inspection to all kinds of productive employ- ment, endorsed universal suffrage, announced the right of labor to organize without hindrance, urged persistent propa- ganda to secure the demands of trade unionism and desired that periodic international labor conferences should be held and that simultaneous efforts should be made to secure enact- ment of the same labor measures. The International Association for Labor Legislation In September, 1897, at the instance of Professor Ernest Mahaim, of Liege University in Belgium, a Congress for International Labor Legislation was called at Brussels. This Congress included a number of persons who had participated in the Congress of Brussels in 1891, but like the conference at Zurich, it was unofficial in character. A number of questions 14 within the field of international labor legislation were consid- ered, but the significance of this Congress was not in the deci- sions which it reached, but in the work of a Committee of Three which it appointed to consider the means for making similar congresses more eflFective. This Committee of Three, after a number of meetings, evolved a plan for "a large inter- national association of the friends of international labor legis- lation." The plan was ultimately carried to fruition in the establishment of the International Association for the Legal Protection of Labor, commonly called the International Asso- ciation for Labor Legislation. The first meeting of this Association was called in July, 1900, in Paris, at the same time that the World's Fair was in progress. Persons attended from the United States, Mexico, England, France, Russia, Germany, Austria, Hungary, Belgium, Holland, Denmark, Switzerland, Spain, Australia and New Zealand. The Congress considered labor questions similar to those which had received attention of previous con- gresses, and which had come to be more or less recognized demands of the trade unions.^ It went a step farther, how- ever, and set up under the direction of Prof. Stephan Bauer an International Labor Office, with headquarters at Basle, to col- lect and publish from time to time the legislative measures taken in different countries for the protection of labor. The Office promptly began to issue regular bulletins in English, French and German, containing information regarding labor legislation. While the Association was an unofficial body com- posed of private national associations in various countries, including the United States,^ it soon won support from various governments and proved a most important factor in developing international labor agreements. Two conventions, one regu- lating the use of white phosphorus, and the other prohibiting the night work of women, were adopted by it in 1905, were submitted to the various governments and, at a diplomatic Conference held at Berne, Switzerland, in September, 1906, were duly confirmed by them.' In 1908, the Association sug- gested action limiting to ten hours the workday for women, *Mahaim, "Le Droit International Ouvrier," pp. 210-218; Chatelain, "La Protection Inter- nationale OuvriJre," pp. 87-94. ' The Association in the United States is known as the American Association for Labor Legisla- tion and was established in 1906. ' Mahaim, "Le Droit International Ouvrier," pp. 245-291 . 15 and advocated the prohibition of night work of boys. After five years of delay these matters came for consideration before a second conference at Berne in September, 1913, at which delegates representing the governments of England, France, Germany, Austria, Hungary, Belgium, the Netherlands, Norway, Sweden, Switzerland, Spain, Portugal and Italy were present. No conventions were adopted, the delegates contenting themselves with drawing up a protocol requesting the Swiss Federal Council "to present to the Governments concerned — ^with a view to such diplomatic negotiations as may seem good to them" — proposals prohibiting night work for young persons and making ten hours the maximum work- day for women and young persons. The Association could, however, merely suggest matters for international agree- ment; it had no power to force a decision or the carrying out of the measures approved. In spite of these limitations, the International Association for Labor Legislation exerted a profound influence on labor legislation in and between different countries and may be looked upon as the direct predecessor of the International Labor Organization of the League of Nations. ^ Definite results in international labor legislation were soon visible. In 1904 Italy and France entered into a treaty for the reciprocal protection of workmen in their respective coun- tries. International labor agreements were entered into in the same year between Italy and Switzerland and between Italy and Germany, and in the following year between Ger- many and Austria-Hungary and between Belgium and Luxemburg. Thereafter such agreements for the reciprocal protection of labor developed quite generally, twenty-three being entered into between the years 1904 and 1914.* Immediate Causes of the Establishment of the Inter- national Labor Organization At the annual meeting of the American Federation of Labor in Philadelphia, in 1914, a resolution was adopted, calling for a world congress of representatives of organized labor 1 Bauer, Steplian. *'The International Labour Office in Basle." Tfte Economic Journal, Sept., 1903. Vol. XIII, pp. 438-443; Bauer, Stephan. "Geschichtliche Motive des Internationalen Arbeiterschutzes." VUrtdjahrschrift filr Social und Wirlschaflsgeschickit, 1903, Vol. I, pp. 79-104. ^Mahaim, "Le Droit International Guvrier", pp. 219-245; "Historical Survey of International Action Affecting Labor." United States. Bureau of Labor Statistics. Bulletin No. 268, pp. 138-162. 16 of the different nations to meet at the same time and place as the peace conference, with the object of "restoring fra- ternal relations" between the organized labor movements of Europe and America, and for the purpose of "protecting the interests of the toilers and thereby assisting in laying foun- dations for a more lasting peace." The Executive Council of the American Federation of Labor was further authorized to transmit copies of this resolution to the International Fed- eration of Trade Unions, to all "trade union centers" through- out the world and also to the President of the United States, with a view to ascertaining their opinions and also the extent of their desire to cooperate in the proposed world labor congress. While the national trade union federations of some countries, such as those of France, Australia and South Africa, approved the resolution, the support was not so general as to warrant further action and it was subsequently aban- doned. In 1916, however, the Executive Council of the American Federation of Labor, in its report to the Thirty- sixth Annual Convention in Baltimore, again recommended that organized labor of both belligerent and neutral countries participate in the peace negotiations through official repre- sentatives from their respective organizations. The Execu- tive Council stated that:^ Since the first proposal submitted by the American Federation of Labor to the labor organizations of Europe has been definitely rejected by them, we suggest that the organized labor movements of those countries that shall participate in the general peace con- ference to determine terms and conditions of peace at the close of the war, shall urge upon their respective governments that the wage earners shall be represented in an official commission from their respective countries. The same policy ought to be pursued also by organized labor movements of neutral countries if it shall be determined that neutral countries also will participate in the general peace congress. Thus representatives of wage earners would be seated with other representatives of the nations in general conferences connected with the formulation of peace terms. In this way the ideals and needs of wage earners would be presented and considered by the general oificial body. This proposal came up for discussion before a conference of delegates of the labor organizations of England, Italy, Belgium and France, in Paris, on May 1, 1916. A committee * "Report of the Proceedings of the Thirty-sixth Annual Convention of the American Federa- tion of Labor, held at Baltimore, Md., Nov. 16-25, 1916," p. 55. 17 was appointed to prepare a program for the International Labor Conference to be held at Leeds, England, in July, 1916, and a number of resolutions were passed, the preamble to which stated that:' The conference declares that the peace treaty which will terminate the present war and will give to the nations political and economic independence should also insure to the working class of all countries a minimum of guarantees of a moral as well as of a material kind concerning the right of coalition, emigration, social insurance, hours of labor, hygiene and protection of labor, in order to secure them against the attacks of international capitalistic competition. Other resolutions proposed the establishment of an inter- national commission to supervise the application of laws on social insurance, labor migration, hours of labor, hygiene and accident prevention. It was also suggested that this commission should help in organizing future conferences which the various governments might convene for the purpose of amending and developing labor legislation. The Confer- ence further proposed the establishment of an international labor office to coordinate and consolidate studies, statistics and national reports on the application of labor laws, prepare international inquiries, and make studies of labor conditions, and pointed out that the office of the International Association for Labor Legislation at Geneva might be put to use in carrying out this program. After protracted discussion the confer- ence at Leeds gave its approval to the plan of organizing an international conference before negotiations of peace were begun. The Leeds resolutions were transmitted to all national trade union federations and to all central craft organizations in a circular letter in October, 1916. ^ The Scandinavian federations transmitted them to Karl Legien, Secretary of the International Federation of Labor, the "Trade Union International," whose headquarters were in Berlin. This action was taken in the hope of winning the cooperation of the trade union organizations of Central Europe and of neutral nations. The International Federation of Labor prepared an outline of "peace demands" which it sent to 1 The Leeds and Berne Programs are given in: United States. Bureau of Labor Statistics. "International Labor Legislation and the Society of Nations." — By Stephan Bauer. Bulletin No. 254, pp. 123-129. sibid., pp. 12-13. 18 its component national federations on February 15, 1917, and in June of the same year it was decided at a meeting at Stock- holm that this program should be considered by a conference of the International Federation of Labor to be held at Berne on October 1, 1917, under the auspices of the Swiss Federation of Labor. At this conference labor representatives of the German, Austrian, Hungarian, Bohemian, Bulgarian, Danish, Norwegian, Swedish, Dutch and Swiss labor organizations approved a resolution calling for the recognition in the Peace Treaty of the International Association for Labor Legislation as the means for promoting and enforcing international pro- tection of labor legislation, and that the international labor office of this Association should collect and publish informa- tion relating to labor legislation, make studies and prepare reports on the development and application of social legisla- tion, and further convoke international congresses for the promotion of labor and social legislation to which the signatory states should send official representatives. At the thirty-seventh annual convention of the American Federation of Labor in Buffalo in November, 1917, a resolu- tion was passed unanimously urging that* . . . there should be incorporated in the treaty that shall constitute the guide of nations in the new period and conditions into which we enter at the close of the war, the following declara- tions, fundamental to the best interests of all nations and of vital importance to wage-earners: 1. No article or commodity of commerce shall be shipped or delivered in international commerce in the production of which children under the age of 16 have been employed or permitted to work. 2. It shall be declared that the basic workday in industry and commerce shall not exceed eight hours. 3. Involuntary servitude shall not exist except as a punishment for crime whereof the party shall have been duly convicted. 4. Establishment of trial by jury. The resolution also enumerated six political demands of organized labor, favored the exchange of labor representatives among nations, "according to them the same authority and honor that is given to any other diplomat," and contained the following clause: ' "Report of the Proceedings of the Thirty-seventh. Annual Convention of the American Federa- tion of Labor, held at Buffalo, N. Y., Nov. 12-24, 1917," pp. 62-63, 451-453. 19 When a peace conference is held it should be at a time and place when and where the workers of the vanquished as well as those of the triumphant countries may participate upon an equal- ity, in order that the best interests of labor and of the trade union movement may be fully promoted. Early in 1919, when President Wilson went to Europe to take part in the drafting of the Peace Treaty, he was ap- proached by representatives of the trade unions in Europe, with the request that the program adopted at Berne be in- corporated in the Treaty and that an institution be set up charged with the carrying out of this program.* In order that both this program and the organization which would be required to put it into execution might also be studied from the point of view of the American trade union movement, Samuel Gompers was summoned to Paris. Important international labor conferences were also held at Berne by the Second Internationale and the International Federation of Trade Unions at the very moment when the Peace Conference was assembling. The inter-dependence of national labor reforms with international peace appeared as a dominant preoccupation of both conferences, and the settlements suggested aimed first at securing an enduring peace as a preliminary condition for the reforms which could then follow. Consequently, the programs of the Berne Conferences were mainly political rather than economic. The trade unionists ultimately adopted unanimously a "Labor Charter" which contained a constructive program, but exhibited very definite German and revolutionary ele- ments which resulted in the Charter giving the impression of a somewhat irresponsible document, although it embodied the point of view of a large and powerful element in labor circles. The persistent agitation and demands of the trade unions, coupled with the influence which they exerted on all govern- ments during the war, led Premier Clemenceau to announce at the first Plenary Session of the Peace Conference that the first steps toward the organization of the Peace Conference itself would be the creation of three commissions, the first to examine the responsibilities for the war, the second to ' Oudegeest, J. "The Trade Unions and the International Labour Office." The Inlernational Trade Union Movement, July, 1921, p. 98. 20 deal with the crimes committed in the war, and the third to consider international labor legislation. Professor James T. Shotwell of Columbia University, who was present at the Peace Conference and helped to shape the Labor Pro- visions, says that the announcement that international labor legislation would be included in the work of the Conference "produced a degree of surprise that amounted to bewilder- ment."' This surprise was not due to any lack of interest in labour problems, but to the fact that up to the very moment of this announcement no word had reached the public that the Conference . . . had any intention to move industrial problems to the fore. . . There were two conjectures as to why the Conference had taken this step. The first was that the real masters of policy, the great Powers, had not reached agreement as to how they were to pro- ceed in the settlement of the larger issues before the Conference, and that as there was need to give some outer indications of activity in the meantime, the public and the smaller Powers were being put off with something of general interest to keep them occupied. The other was that the governments of Europe were nervous in the face of a rising industrial unrest, with un- known Bolshevistic possibilities, and had, therefore, to offer to Labour a definite and formal recognition at the very opening of the Conference, both to justify themselves with reference to the war in the past, and to hold forth the hope of a larger measure of international labour agreements in the future. Whether the governments of Europe were nervous or not in the winter of 1918-19, there was plenty of reason for uneasiness. We have now become so used to the Bolshevist regime that we cannot any longer realise how deeply it first stirred the passions of all classes in Europe — the bourgeois with fear, the radicals and revolutionaries with uneasy hope. Then the wild fires of revolu- tion in Germany seemed to presage universal anarchy, and at least one or two of the governments represented at Paris were thought to stand in daily danger of being overthrown. The long shadow of Russia could not be obliterated from Europe. Whatever the influences that led the Powers to take this step, at the second Plenary Session of the Peace Conference on January 25, 1919, the following resolution was adopted: That a Commission, composed of two representatives apiece from the five Great Powers, and five representatives to be elected by the other Powers represented at the Peace Conference, be appointed to inquire into the conditions of employment from the international aspect, and to consider the international means necessary to secure common action on matters affecting conditions 'This and quotation following from Shotwell, J. T.,in Solano, John E., "Labour as an International Problem," pp. 42-44. 21 of employment, and to recommend the form of a permanent agency to continue such inquiry and consideration in cooperation with and under the direction of the League of Nations. The commission appointed consisted of representatives of the United States, Great Britain, France, Italy, Japan, Belgium,! Cuba, Poland and Czecho-Slovakia. Samuel Gom- pers, President of the American Federation of Labor, was named Chairman of this commission. George N. Barnes, a British labor leader and member of the British War Cabinet, and Paul J. Colliard, Minister of Labor of France, were named Vice-Presidents, and Arthur Fontaine, Director of the French Department of Labor, and Chairman of the Executive Committee of the French State Railways, was named Secre- tary. This commission, after thirty-five meetings, was able to agree upon a report which was submitted to the Peace Conference, and was substantially adopted by it at the fourth Plenary Session on April 11, 1919.^ While it is undoubtedly true that the strong position of organized labor and the power which its leaders exercised were immediately responsible for the adoption of the labor sections of the Treaty and the creation of the international labor machinery therein provided, it must be recognized that the continued agitation for international labor legislation, running for. more than a century and reaching into most of the industrial nations, exerted a profound influence. 1 With the approval of the other Powers, Belgium, on January 27, 1919, nominated two repre- sentatives on the Commission while Cuba, Poland and Czecho-Slovakia each nominated only one. 3 Great Britain. Ministry of Labour. "Labour and the Peace Treaty." [Pamphlet.] Lon- don, 1919. 31 pp. 22 PLAN OF ORGANIZATION OF THE INTERNATIONAL LABOR ORGANIZATION LEAGUE OF NATIONS ± COUNCIL INTERNATIONAL LABOtJ OBGANIZATION GENERAL CONFEQENCES W INTERNATIONAL LABOn OFFICE tn PANEL FOR COMMISSIONS OF mauiRY M HV.»M-..-; SCIENTIFIC DIVISION I iLmoa uoniATioirf rr 13 11=3 n^^=^ iottf — -| I ivwHiWw- I r-nsr DIPLOMATIC DIVISION TECHNICAL DIVI3I0K1 ] \^iJ^ 1921, National Industrial Conference Board CHAPTER II THE LABOR SECTIONS OF THE TREATY OF VERSAILLES* The labor sections of the Treaty of Versailles constitute Part XIII and comprise Articles 387-427 inclusive. Inas- much as these Articles form the basis upon which the Inter- national Labor Organization rests, and inasmuch as they contain what is frequently referred to as the Labor Charter, it is important that the content and spirit of these be clearly understood. Articles 387-399, inclusive, outline the structure of the permanent labor organization. Articles 400-420, inclusive, describe the procedure to be followed by the General Con- ferences, the International Labor Office with its Governing Body, and the Commissions of Enquiry, which form the three important branches of the permanent organization. Articles 421-423, inclusive, relate to the application to colonies, protectorates and possessions, which are not fully self-govern- ing, of the Conventions decided upon by the General Con- ferences, to the ratification of Amendments adopted by the Conferences and to questions or disputes pertaining to the interpretation of the Labor Part of the Treaty. Articles 424—426, inclusive, contain transitory provisions relating to the calling of the first General Conference and the procedure to be followed pending the establishment of the League of Nations and the creation of a Permanent Court of Inter- national Justice. Article 427 contains nine broad general principles which the signatory powers to the Treaty consider "well-fitted to guide the policy of the League of Nations." These forty-one Articles outline the methods, machinery and governing principles of the International Labor Organi- zation. They are preceded by a preamble which states the ' The same Labor Sections as in the Treaty of Versailles were incorporated in the treaty with Austria signed at Samt-Germain-en-Laye on September 10, 1919, in the treaty with Bulgaria signed at Neuilly-sur-Seine on November 27. 1919; in the treaty with Hungary signed at the Trianon on June 4, 1920, and inthat with Turkey signed at SSvres on August 10, 1920. In the Treaty of St. Germain these sections constitute Part XIII, Articles 332-372, inclusive; in the Treaty of Neuilly-sur-Seine they constitute Part XII and comprise Articles 249-289, inclusive; in the Treaty of Trianon they constitute Part XIII, Articles 315-355 , inclusive; and in the Treaty of sivres they constitute Part XII, Articles 374-414, inclusive. For convenience the Treaty of Versailles is here used and the textual references are to the Labor Sections of that treaty. 23 causes that influenced the Members of the League of Nations to set up the International Labor Organization. In contrast to the Articles that follow, the preamble is rather sweeping in character. It strikes the keynote of the Labor Part of the Treaty and, because of its somewhat general character, may come to play an important part in its interpretation. As will be seen later, indications of this are already evident. Because of its importance the preamble is given here in full, while the Articles are presented in substantial outline: PREAMBLE Whereas the League of Nations has for its object the establish- ment of universal peace, and such a peace can be established only if it is based upon social justice; And whereas conditions of labor exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; as, for example, by the regulation of the hours of work, including the establishment of a maximum working day and week, the regulation of the labor supply, the prevention of un- employment, the provisions of an adequate living wage, _ the protection of the worker against sickness, disease and injury arising out of his employment, the protection of children, young persons and women, provision for old age and injury, protection ot the interests of workers when employed in countries other than their own, recognition of the principle of freedom of association, the organization of vocational and technical education and other measures; Whereas also the failure of any nation to adopt humane condi- tions of labor is an obstacle in the way of other nations which desire to improve the conditions in their own countries; The HIGH CONTRACTING PARTIES, moved by sentiments of justice and humanity, as well as by the desire to secure the permanent peace of the world, agree to the following: The Permanent Organization (Articles 387-399) In order to carry out the purposes enumerated in the preamble, it is provided that a permanent organization shall be set up. The original Members of the League of Nations are to be the original Members of the International Labor Organization; thereafter membership in the League of Nations is to carry with it membership in the International Labor Organization. The permanent organization is to consist of (1), a General Conference of Representatives of the Members of the Inter- 24 national Labor Organization; and (2), an International Labor Office. The Treaty also provides for the creation of a Panel of the Commissions of Enquiry, from which these commissions shall be appointed, as the need arises, to hear and pass on com- plaints against Members of the International Labor Organ- ization, This Panel is to exist irrespective of whether specific Commissions of Enquiry are appointed or not. The General Conference of Representatives: From time to time as occasion may require, and at least once in every year, it is required that a General Conference of the representatives of the nations within the International Labor Organization shall be held either at the seat of the League of Nations or at such other place as may be decided by the General Conference at a previous meeting, by a two-thirds vote of the Delegates present. The Conference is to be composed of four representatives of each Member nation. Of these four representatives, two are to be Government Delegates, one is to represent the em- ployers and one the work people of each respective Member. Each Delegate may be accompanied to the General Conference by advisers, but these must not exceed two in number for each item on the agenda of the meeting. When questions of special concern to women are to be considered by the General Conference it is provided that at least one of the advisers shall be a woman. The Treaty stipulates further with regard to the non- Government Delegates and advisers that these shall be chosen by the Governments in agreement with the respective indus- trial organizations in their countries which are most repre- sentative of employers or work people as the case may be. Advisers may not vote at the General Conferences and are not to address the meetings except on a request made by the Delegate whom they accompany and with the special permis- sion of the President of the Conference. A Delegate may, by written notice to the President of the Conference, appoint one of his advisers to act as his deputy, and the adviser, while so acting, may speak and vote. The names of the Delegates and their advisers are to be communicated to the International Labor Office by the Government of each Member of the International Labor 25 Organization. The credentials of Delegates and their ad- visers are subject to the scrutiny of the General Conference, which may, by a two-thirds vote of the Delegates present, refuse to admit any Delegate or adviser whom it deems not to have been nominated in accordance with the conditions enumerated. Each Delegate is entitled to vote individually on all mat- ters which are considered by the General Conference. If one of the Members of the International Labor Organization fails to nominate one of the non-Government Delegates, whom it is entitled to nominate, it is provided that the other non-Gov- ernment Delegate shall be permitted to sit and speak at the Conference but not to vote. If the Conference decides to exclude one of the non-Government Delegates of any of the Member nations, the other non-Government Delegate is to be allowed to sit and to speak but not to vote. The International Labor Office: The Treaty further pro- vides that the International Labor Office is to be established at the seat of the League of Nations as part of the Inter- national Labor Organization. The direction of the Inter- national Labor Office is placed in the hands of a Governing Body. This Body is to consist of 24 persons, 12 representative of the Governments in the International Labor Organization, six of the employers and six of the workers. Of the 12 per- sons representing the Governments, it is provided that eight shall be nominated by the Members of chief industrial im- portance and four nominated by Members selected for the purpose by the Government Delegates to the Conference, exclusive of the Delegates of the eight Members just referred to. The question as to which are the Members of chief industrial importance is to be decided by the Council of the League of Nations. The period of office of the Members of the Governing Body is set at three years. Vacancies on the Governing Body are to be filled in such manner as may be determined by the Governing Body, subject to the approval of the General Conference. The Governing Body is to elect its own chair- man, and is also to regulate its own procedure and to fix its own time of meeting. Special meetings must be held upon written request of at least 10 Members of the Governing Body. 26 A Director of the International Labor Office is to be ap- pointed by the Governing Body. He shall be subject to the instructions of the Governing Body and is responsible for the efficient conduct of the International Labor Office. The Director is to serve as the Secretary of the Conferences and he or his deputy is required to attend all meetings of the Governing Body. The staff of the International Labor Office is to be appointed by the Director. He is not limited in his selection of persons, except that it is provided that, as far as possible and with due regard to the efficiency of the work of the Office, he shall select persons of different nationali- ties. It is further provided that a certain number of these shall be women. The functions of the International Labor Office are defined as "the collection and distribution of information on all subjects relating to the international adjustment of con- ditions of industrial life and labor, and particularly the examination of subjects which it is proposed to bring before the Conference with a view to the conclusion of international conventions, and the conduct of such special investigations as may be ordered by the Conference." The International Labor Office is charged with the task of preparing the agenda for the meetings of the General Conferences as settled by the Governing Body, which is required to consider all suggestions as to the agenda that have been made by the Government of any of the Members or by any representative organization. It is also to edit and to publish in English, French, and in such other languages as the Governing Body may think desirable, a periodical paper dealing with problems of industry and employment of international interest. It is its duty also to consider complaints made against any Member of the International Labor Organization by any other Member or representative association of employers or employees and to publish its findings or to request the appointment of a Com- mission of Enquiry to investigate the complaints and to report on them. In addition to these functions it is to have such other duties and powers as are assigned to it from time to time by the General Conference. Government Departments dealing with industrial and em- ployment questions may communicate directly with the Director of the International Labor Office either through 27 their Government representatives on the Governing Body or, failing such a representative, through such other qualified official as a Government may nominate for the purpose. It is provided also that the International Labor Office shall be entitled to the assistance of the Secretary-General of the League of Nations in all questions where such assistance can be given. Traveling and subsistence expenses of Delegates and their advisers and of Representatives attending meetings of the General Conference, and of the Government Members of the Governing Body are to be paid by their respective Govern- ments. All other expenses of the International Labor Office and of meetings of the General Conference or of the Governing Body are to be paid to the Director by the Secretary-General of the League of Nations out of the general funds of the League. The Director is to be responsible to the Secretary- General of the League for the proper expenditure of all sums turned over to him. Procedure of the International Labor Organization (Articles 400-420) The procedure to be followed by the General Conferences and by the International Labor Office is specified in the Labor Sections of the Treaty. It is provided that the agenda for all meetings of the General Conference are to be settled by the Governing Body who shall consider any suggestions as to the agenda that may be made by the Government of any of the Member nations, or by their respective organizations most representative of employers and workpeople. The Director of the International Labor Office is required to act as the Secretary of the General Conferences and must trans- mit the agenda so as to reach the Members of the International Labor Organization at least four months prior to the meetings of the Conference, and, through them, the non- Government Delegates when appointed. Any of the Governments of the Members may formally object to the inclusion of any item or items in the agenda, but the grounds for such objections must be set forth in a reasoned statement addressed to the Director who is required to circulate this to all the Members of the International Labor Organization. Items to which objections have been made 28 are not, however, to be excluded from the agenda if at the General Conference a majority of two-thirds of the votes cast by the Delegates present is in favor of their consideration. If the Conference decides by two-thirds of the votes cast by the Delegates present that a subject not on the agenda shall be considered by it, such a subject must be included in the agenda for the following meeting of the Conference. The General Conference is required to regulate its own procedure, elect its own President and appoint its own com- mittees to consider and report on any matter. A simple majority of the votes cast by the Delegates present, except on Recommendations and Draft Conventions and other matters expressly stipulated in the Treaty, decides on all questions. A ballot shall be void, however, unless the total number of votes cast is equal to one-half, or more, of the number of Delegates at a Conference. The Conference is empowered to add to any committees which it appoints technical experts who shall give such assistance as they can, but who shall have no vote. When a decision with reference to an item on the agenda has been reached, the Conference will then decide as to whether the proposal to be adopted shall take the form of: (a) A Recommendation to be submitted to the Members for con- sideration, with a view to effect being given to it by national legislation or otherwise, or (b) A Draft International Convention for ratification by the Members. In either case a two-thirds majority of the votes cast by the Delegates present is necessary on the final vote for the adoption of a Recommendation or of a Draft Convention. It is further stipulated that in framing Recommendations or Draft Conventions of general application the General Con- ference shall give due consideration to those countries in which climatic conditions, the imperfect development of industrial organization or other influencing conditions give rise to substantially diflPerent industrial conditions, and shall suggest such modifications as it deems necessary to meet the case of such countries. Upon the adoption of a Recommendation or Draft Con- vention an authenticated copy signed by the President of the General Conference and the Director of the International 29 Labor Office is to be deposited with the Secretary-General of the League of Nations. The Secretary-General will then send a certified copy to each of the Members of the Inter- national Labor Organization. Each Member nation is required, within the period of one year from the closing session of a General Conference or, if exceptional circum- stances make it necessary, not later than one year and a half after the termination of a Conference, to bring such Recom- mendations and Draft Conventions as have been approved and transmitted to it, before the proper legislative or other authorities within whose competence the matter lies, for enactment or other action. Each Member of the International Labor Organization is required to advise the Secretary-General of the League of Nations of what action is taken on the Recommendations and Draft Conventions approved by the General Confer- ences which have been submitted for action. While the Members are required to submit Recommendations and Draft Conventions to their proper legislative or other authori- ties, no obligation shall rest upon them if, upon doing so, no legislative or other action is taken to make a Recommen- dation effective, or if the consent of the proper authority to a Draft Convention is not secured. A federal state whose power to enter into conventions on labor matters is subject to limitations may, at the discretion of its government, treat a Draft Convention to which such limitations apply as a Recommendation only; but this is to be interpreted in accordance with the principle that "in no case shall any Member be asked or required, as a result of the adoption of any Recommendation or Draft Convention by the Conference, to lessen the protection afforded by its existing legislation to the workers concerned." Draft Conventions shall be binding only upon the nations that ratify them. Any convention coming before the General Conference for final consideration that may fail to receive the required two-thirds favorable vote of the Delegates present may, nevertheless, be agreed to by any Members of the International Labor Organization and shall be binding only upon them. Each Member of the International Labor Organization is required to make an annual report to the International 30 Labor Office on whatever measures it has taken, in order to give effect to the provisions of a Convention to which it is a party. These reports are to be made in such form and are required to contain such definite data as the Governing Body may request. A summary of these reports is to be submitted to the following meeting of the General Conference by the Director of the International Labor Office. On complaint to the International Labor Office by an indus- trial association of employers or of workers that any Member has failed to give effective observance to any convention to which it is a party, the Governing Body may refer such a complaint to the proper Government against which it is directed and invite that Government to make such a reply thereto as it may deem fit. If within a reasonable time no reply is received, or if the reply is regarded as unsatisfactory by the Governing Body, the latter may publish the complaint and the reply, if any has been made. Any Member of the International Labor Organization, if it is dissatisfied with the manner in which another Member is observing a Convention which it has ratified, may file a complaint with the International Labor Office, and the Gov- erning Body may, at its discretion, either communicate the complaint to the Government in question, or may refer it to a Commission of Enquiry for consideration and recommenda- tion. The Governing Body is empowered to pursue the same procedure either of its own motion, or on receipt of a com- plaint from a Delegate to the General Conference. The Government against which a complaint is so directed may send a representative to participate in the proceedings of the Governing Body, while the question is being considered. Adequate notice of the date on which the matter is to be considered must be given to the Government in question. A Commission of Enquiry is to be constituted in the follow- ing manner: Within six months after the Treaty has come into force, each Member of the International , Labor Organization shall nominate three persons of industrial ejfperience, one of whom shall be a representative of employers, one a representative of workers and one a person of independent standing. All these nominees are to constitute a panel from which the Members of the Commission of Enquiry are to be drawn. 31 The qualifications of the persons nominated for this panel are subject to the scrutiny of the Governing Body, which may, by two-thirds vote, refuse to accept the nomination of any person whose qualifications it may deem unsatisfactory. Upon application of the Governing Body, the Secretary- General of the League of Nations shall nominate three per- sons, one from each section of the panel, and these three shall constitute a Commission of Enquiry. The Secretary-General shall also designate one of the three as President of the Com- mission. None of the three persons nominated shall, how- ever, be nationals of any Member directly concerned in the complaint. The Members undertake that, in the event of the reference of a complaint to a Commission of Enquiry, they will each, whether directly concerned in the complaint or not, place at the disposal of the Commission all information in their pos- session which bears upon the subject matter of the complaint. The Commission of Enquiry, after proper hearing, is to pre- pare a report covering its findings on all questions of fact relevant to the issue, and make such recommendations as it thinks advisable. It may also recommend the punitive economic measures against a defaulting Government which it regards as appropriate and which it considers that other Governments would be justified in adopting. The report of the Commission of Enquiry must be communicated to the Secretary-General of the League of Nations, 'who, in turn, shall report it to the Governments concerned in the complaint and see that it is published. Within one month thereafter each of the Governments concerned in the com- plaint is required to advise the Secretary-General as to whether it is willing to accept the recommendations made by the Commission of Enquiry, or whether it intends to refer the complaint to the Permanent Court of International Jus- tice of the League of Nations. The decision of the Perma- nent Court of International Justice shall be final with regard to all complaints. The Court may affirm, alter or reverse any of the findings or recommendations of the Commission of Enquiry. If any Member should fail to carry out within the specified time the recommendations of the Commission of Enquiry, or of the Permanent Court of International Justice, any other 32 Member may take against it the measures of an economic character which are indicated as most appropriate to the case. The defaulting Government may at any time inform the Governing Body that it has taken the steps required to con- form with the recommendations of the Commission of En- quiry, or the Permanent Court of International Justice, and may request that the Secretary-General of the League of Nations appoint a Commission of Enquiry to verify its contention. If the report of the Commission of Enquiry is in favor of the defaulting Government, the other Members of the International Labor Organization shall immediately discontinue the punitive economic measures which they have taken. General Provisions (Articles 421-423) The Members of the International Labor Organization agree to apply Draft International Conventions which they have ratified to their colonies, protectorates and possessions which are not fully self-governing, except where owing to local conditions the Convention is not applicable, or where modifications necessary to adapt it to local conditions are required. Each Member must notify the International Labor Office of whatever action it has taken in respect of each of its colonies, protectorates and possessions which are not fully self-governing. Transitory Provisions (Articles 424-426) The Treaty provides that the first meeting of the General Conference shall take place in October, 1919, at Washington, D. C. The Government of the United States is requested to convene the first conference. The Governments of the United States, Great Britain, France, Italy, Japan, Belgium and Switzerland are specified as an International Organizing Committee for the purposes of the first conference, with power to add such other Members as they deem necessary. The agenda for this first conference is also specified. This in- cludes the following five major problems: (1) Application of the principle of the eight-hour day or of the 48-hour week; (2) Prevention of and provision against unemployment; (3) Employment of Women — (a) before and after childbirth, (J) during the night, and (c) in unhealthy processes; (4) The 33 employment of children, includmg — («) fixing a minimum age of employment, {b) regulating employment during the night, and (c) in unhealthy processes; (5) Extension and application of the International Conventions adopted at Berne in 1906 relative to the prohibition of night work for women in indus- trial employment and the prohibition of white phosphorus in the manufacture of matches. General Principles Underlying the International Labor Organization (Article 427) The final section of the Labor Part of the Treaty of Ver- sailles is of prime importance, both because of its economic character and because of the nine broad principles which it announces as binding on all Members of the International Labor Organization and as underlying the Organization itself. Because of its importance this section is quoted in full: The High Contracting Parties, recognizing that the well-being, physical, moral and intellectual, of industrial wage earners is of supreme international importance, have framed, in order to fur- ther this great end, the permanent machinery provided for in Section I and associated with that of the League of Nations. They recognize that diflferences of climate, habits and customs, of economic opportunity and industrial tradition, make strict uni- formity in the conditions of labor difficult of immediate attain- ment. But, holding, as they do, that labor should not be regarded merely as an article of commerce, they think that there are methods and principles for regulating labor conditions which all industrial communities should endeavor to apply, so far as their special cir- cumstances will permit it. Among these methods and principles, the following seem to the High Contracting Parties to be of special and urgent importance: First. The guiding principle above enunciated that labour should not be regarded merely as a commodity or article of com- merce. Second. The right of association for all lawful purposes by the employed as well as by the employers. Third. The payment to the employed of a wage adequate to maintain a reasonable standard of life as this is understood in their time and country. Fourth. The adoption of an eight hours day or a forty-eight hours week as the standard to be aimed at where it has not already been attained. Fifth, The adoption of a weekly rest of at least twenty-four hours, which should include Sunday wherever practicable. 34 Sixth. The abolition of child labor and the imposition of such limitations on the labor of young persons as shall permit the continuation of their education and assure their proper physical development. Seventh. The principle that men and women should receive equal remuneration for work of equal value. Eighth. The standard set by law in each country with respect to the conditions of labor should have due regard to the equitable economic treatment of all workers lawfully resident therein. Ninth. Each State should make provision for a system of inspection in which women should take part, in order to ensure the enforcement of the laws and regulations for the protection of the employed. Without claiming that these methods and principles are either complete or final, the High Contracting Parties are of opinion that they are well fitted to "guide the policy of the League of Na- tions; and that, if adopted by the industrial communities who are members of the League, and safeguarded in practice by an adequate system of such inspection, they will confer lasting bene- fits upon the wage earners of the world. The significant phases of the Labor Sections of the Treaty of Peace are: (1) That they create for the first time in the history of nations an official body to act on international labor legisla- tion. Such organizations as had preceded it were voluntary and, while sometimes participated in by government repre- sentatives, possessed no official character and their acts and decisions were not binding on the nations. At present fifty- four countries are comprised in the International Labor Organization, those of importance which are still outside the Organization being the United States, Mexico, Russia, Turkey and Hungary.^ There are also a number of minor nations such as Ukrainia, Armenia, Georgia, Azerbaijan and Liechtenstein, which are outside the Organization. (2) The Treaty sets up permanent machinery to deal with international labor questions. This International Labor Organization has thus become the industrial-economic arm of the League. This permanent machinery consists of (a) The General Conferences, and (b), the International Labor Office. The former is of the nature of an international conference differing from existing legislative bodies in that its decisions are not binding on the nations until the nations 1 Hungary has applied for admission to the League; this will probably be granted by the Assem- bly, in which case Hungary will also become a Member of the International Labor Organizatian, 35 themselves, through their proper legislative or other authority, have given their consent. The latter is a research organiza- tionto serve as a clearing house of information on international labor questions, by its publications and other efforts to seek to secure the adoption of and to raise labor standards, and particularly to examine subjects which it is proposed to bring before the Conference with a view to the conclusion of Inter- national Draft Conventions, and to conduct such special investigations as may be ordered by the Conference. (3) By the provision that the General Conference shall meet at least once a year the Organization has been given a stand- ing and a power not possessed by any of the unofficial bodies that preceded it. In the case of the International Association for Labor Legislation which was the direct predecessor of the present International Labor Organization, much time had to be spent in pourparlers and diplomatic feelers before action by the nation could be secured. Thus, while the International Association presented in 1908 the question of the adoption of conventions establishing the ten-hour day for women and prohibiting night work of boys, it was not until 1913 that the Governments could be brought together to consider these conventions, and even then, as has been indicated, the action was unsatisfactory. Moreover, the diplomatic conferences, when called, had the power to modify the conventions in such a manner as they thought fit. Under the present method, after the General Conference has determined on the form of a Draft Convention, the Member Nations of the Organization have no power to change this except after a lapse of ten years. (4) The former conferences were sporadic in character and were dependent on the good-will and financial support of their constituent associations. The present International Labor Organization is supported from funds provided by the League of Nations, and the expenses of the representatives to the General Conferences are met by their respective Governments. During the year 1921, of a total budget of 2 1,000,000 gold francs, the League of Nations allotted 7,000,000 gold francs, or one-third of its total income, to the Inter- national Labor Organization. For the year 1922 the League of Nations voted 6,500,000 francs of its total appropriation of 20,500,000 francs to the International Labor Organization. 36 (5) Because of the intermittent and unofficial character of previous international conferences and because also most of their time was spent in discussion in order to effect agree- ment, their accomplishments tended to be meager. From 1900 to 1913 the International Association for Labor Legisla- tion, acting through diplomatic channels, was able to effect the adoption of only two Conventions by a small group of countries and to secure a meeting to consider two other pro- posed Conventions which were not ratified. With its highly organized staff, with the resources in its control and with its ability to effect results, because of its official position, the present International Labor Organization was able, at its first General Conference in Washington, in 1919, to secure the adoption of six Draft Conventions and six Recommendations, at its second General Conference at Genoa, in 1920, to secure the adoption of three Draft Conventions and four Recommen- dations, and at its third General Conference at Geneva, in 1921, to secure the adoption of seven Draft Conventions and eight Recommendations. With the provision that it shall meet not less frequently than once a year, it is certain that the General Conference will become the means of making a large number of decisions bearing on labor questions. (6) It should be noted also that the present Organization is unique in that, while governed by majority votes, except where expressly stipulated in the Labor Part of the Peace Treaty, the representatives vote as individuals and not in national groups. This gives greater freedom to the repre- sentatives, but brings into relief also the possibility of action by a special group through its solidarity. Evidences of this are not lacking, since already the International Federation of Trade Unions and the International Organization of Industrial Employers have been working toward effecting uniform opinion and uniform action among their respective employee and employer representatives in the General Con- ferences and on the Governing Body of the International Labor Office. (7) The Treaty also provides for the effective carrying out of the Labor Provisions by making possible complaint against any of the Governments for failure to observe the principles to which they subscribe in entering the International Labor 37 Organization, investigation of complaints through Commis- sions of Enquiry and the Permanent Court of International Justice and provision for punitive economic measures, such as the adoption of a blockade, refusal of passports, etc., against defaulting nations. With the interdependence of nations, particularly at the present time, with continued disturbing conditions, this threat is bound to be of much influence. (8) The Labor Sections of the Treaty are significant in that they undertake to enunciate a series of principles which are bound to be of more or less influence and which have been called by trade unions their Labor Charter. The first of these principles that "labor should not be regarded merely as a commodity or article of commerce" is almost a repetition of the language of the Clayton Act, passed by Congress in 1914, which states that "the labor of a human being is not a commodity or article of commerce." The other principles, relating to the right of association, the payment of a wage "adequate to maintain a reasonable standard of living," the adoption of the eight-hour day or 48-hour week "as the stand- ard to be aimed at where it has not already been attained," the adoption of a weekly rest of at least 24 hours, the abolition of child labor, equal pay to men and women for work of equal value, equitable economic treatment of workers and state inspection of factories, are all of interest and of vital and far- reaching irnport. 38 CHAPTER III THE WORK OF THE INTERNATIONAL LABOR CONFERENCES The Treaty provides that the first General Conference of representatives of the Member Nations of the International Labor Organization should be held in Washington in October, 1919, and requests the Government of the United States to convene this Conference. Inasmuch as the United States was not a member of the League of Nations, it had no author- ity to participate in the International Labor Organization. But, upon request of the Secretary of the United States De- partment of Labor, a resolution was passed by both Houses of Congress in August, 1919, authorizing the President to convene and arrange for the first International Labor Conference, pro- vided that this should not be construed as authorizing him "to appoint any delegates to represent the United States of America at the said meeting of such conference or to authorize the United States of America to participate therein unless and until the Senate shall have ratified the provisions of the said treaty of peace with reference to such general interna- tional labor conference." On August 11, 1919, the President cabled an invitation to thirty-four countries to be represented in the first official annual meeting of the International Labor Conference to be held in Washington beginning October 29, 1919. When the Conference met for its first session, delegates were present from thirty-five nations and before the close the total rose to thirty-nine, as follows: Argentine, Belgium, Bolivia, Brazil, Canada, Chile, China, Colombia, Cuba, Czecho-Slovakia, Denmark, Ecuador, France, Great Britain, Greece, Guatemala, Haiti, India, Italy, Japan, Kingdom of Serbs, Croats and Slovenes, Netherlands, Nicaragua, Norway, Panama, Paraguay, Persia, Peru, Poland, Portugal, Roumania, Salvador, Siam, Spain, South Africa, Sweden, Switzerland, Uruguay, Venezuela. Altogether 123 delegates were present, of whom 73 were government delegates, 25 employer delegates and 25 employee delegates. These were assisted by a body of 150 advisers, of whom 23 were women. 39 The United States was not officially represented at this con- ference. Owing to the restrictions imposed by the Congres- sional resolution, the Government of the United States was not permitted to participate in the Conference, but the Government was, nevertheless, unofficially represented in the person of Secretary of Labor William B. Wilson, who was elected President of the Conference and presided in that capacity during the entire session. The Chamber of Com- merce of the United States had been invited to send a delegate but did not accept the invitation. The American Federation of Labor sent its President, Samuel Gompers, but he attended only one sitting, unofficially and without a vote. Germany and Austria were neither invited nor represented, but the question of their admission into the International Labor Organization was one of the early matters to come before the Conference at Washington. After an extended discussion it voted that "in anticipation of their admission to the League of Nations and in view of their expressed willingness to co- operate in the work of the International Labor Organization, Germany and Austria are hereby admitted to membership in the International Labor Organization with the same rights and obligations possessed by the other Members of the Labor Organization."' The application of Finland for admission into the Inter- national Labor Organization raised a difficult question of law, since that country was neither a signatory to the Treaty of Versailles nor one of those mentioned in the Annex to the Covenant of the League of Nations. Opinion was divided, but the Conference finally agreed, without deciding the ques- tion of principle, to admit the Finnish delegation to take part in the deliberations on the same conditions as other countries which had not yet adhered to the Covenant of the League.^ Subsequently Luxemburg was admitted on the same terms.' As summarized by H. B. Butler, Secretary-General of the Conference and now Deputy Director of the International Labor Office, "the vigorous debate which took place on this subject indicated a strong feeling in the Conference that the Labor Organization should be as far as possible autonomous, * League of Nation;;. International Labor Conference. First Annual Meeting (Oct. 29, 1919- Nov. 29, 1919), pp. 21-26; 276. »/iid., pp. 89, 208-212,276. •/Mi., p. 114,212,276. 40 and should not necessarily be guided by political considera- tions. In fact, the whole action of the Conference in regard to its composition showed the determination of the delegates to throw open the Labor Organization as widely as possible, so that its decisions might benefit the workers of all countries without exception."* The Conference then proceeded to organize its work, select- ing officers and various committees. The Treaty provides that the Conference shall have scrutiny over the credentials of delegates and their advisers without specifying the form of these credentials. Protests against the labor appointees of those countries to the Conference came from France, South Africa, Japan and Argentina, on the ground that the represen- tatives chosen had not been selected from the organization most representative of the workers. A complaint was made by the Cuban employers' representative that the Govern- ment had interfered in the selection of the employers' dele- gate. These complaints were referred to a Commission on Credentials, which, after investigation, held the grounds for complaint inadequate and took no action.^ The Conference also took up the task, entrusted to it by the Treaty, of nominating the representatives on the Governing Body of the International Labor Office. It will be remem- bered that the Treaty provides that the Governing Body shall consist of twenty-four members, of whom twelve are to be appointed by the Governments, six by employers and six by employees, and that of the twelve Government members eight are to be nominated by the eight states "of chief industrial importance." Each of the three groups at the Conference met separately to elect its representatives. The Government group, subject to a protest by India, agreed that the eight states of chief industrial importance shall be the United States, Great Britain, France, Germany, Italy, Belgium, Switzerland and Japan. Article 393 of the Treaty outlines the composition and method of election of the Governing Body. An organizing committee appointed at Paris to arrange for the Washington Conference prepared a list of eight states of chief industrial ' Solano, E. J. "Labour as an International Problem," pp. 202-203. * League of Nations. International Labor Conference. First Annual Meeting (Oct. 29, 1919 — Nov. 29, 1919), pp. 206-207. 41 importance, and since no rule existed relative to determina- tion of the industrial importance of the various Members, objections to the list were invited. Poland, Sweden, Canada and India claimed the right of inclusion, India making her appeal direct to the Council of the League of Nations which is empowered by the Treaty to decide any question as to which are the states of chief industrial importance. A decision by the Council was expected before the Washington Conference opened, but this was made impossible owing to difficulties connected with the failure of the United States to enter the League. The Selection Committee at the Conference ac- cepted the provisional list of eight states drawn up at Paris and recommended that elections be held in spite of the tech- nical irregularity of its constitution because of the objections which had been raised. India, China, Persia and Siam ab- stained from voting, India protesting openly against the procedure.' As the United States was not a Member Nation of the International Labor Organization, the other seven nations appointed their representatives, and the delegates of the remaining Member nations were called upon .to select four of their number to nominate four representatives and a fifth to act as a substitute for the United States until that country joined the International Labor Organization. The nations chosen were Poland, Spain, Argentina and Canada, and, as substitute for the United States, Denmark. The employers and employees each nominated six representatives, one of the six in each case being appointed provisionally pending the entry of the United States. As finally constituted the Governing Body was composed of representatives of the following nations:'' Government Representatives Great Britain France Germany Italy Belgium Switzerland Poland Spain Argentina Canada Japan Denmark I At the meeting of the Council of the League at San Sebastian in June, 1920, India's claim was rejected, the Council ruling that: "Considering the special circumstances in which the Members of the Governing Body of the International Labor OMce were elected, and in view of the fact that the substitution of India for a country already represented on the Governing Body would entail a complete revision of the list of Members, the Coimcil considers that if the claim of Inc^a in this respect be upheld, this alteration would not in any case come into operation before the expiration of the mandate granted to the selected countries, that is to say, before 1922." R'^League of Nations. International Labor Conference. First Annual Meeting (Oct. 29, 1919— Nov. 29,1919), p, 131. 42 Employers' Representatives Great Britain France Italy Belgium Czecho-Slovakia Switzerland Workers' Representatives Great Britain France Germany Sweden Holland Canada While this procedure was strictly in accordance with the terms of the Treaty, it developed a difficulty which had not been foreseen. Of the 24 representatives appointed, 20 turned out to be from European countries, although two were to give way to representatives of the United States when that country would enter the International Labor Organiza- tion. The non-European countries naturally felt that they were not properly represented on what was the administrative body of the International Labor Office and openly stated their dissatisfaction. A resolution offered by one of the repre- sentatives of South Africa in the Conference was adopted by a vote of 43 to 39 expressing disapproval of the composition of the Governing Body.' The motion had no definitely prac- tical effect beyond calling attention to the fact that a revision of the constitution would be necessary at some future Con- ference. The First International Labor Conference The agenda of the Washington Conference was fixed by the Treaty of Versailles, and comprised the following subjects: (1) Application of the principle of the eight-hour day or the 48- hour week. (2) Question of preventing or providing against unemployment. (3) Women's employment: (a) Before and after child-birth, including the question of maternity benefit; (b) During the night; (c) In unhealthy processes. (4) Employment of children: (a) Minimum age of employment; (b) During the night; (c) In unhealthy processes. ^League of Nations. International Labor Conference. First Annual Meeting (Oct 29, 1919— Nov. 29, 1919), pp. 196-197, 277. 43 (5) Extension and application of the International Conventions adopted at Berne in 1906 on the prohibition of night work for women employed in industry and the prohibition of the use of white phosphorus in the manufacture of matches. Soon after organizing, the Conference set up Commissions on unemployment, women's employment, the employment of children and regulation of work in unhealthy processes, and in each case the principle was adopted of appointing an equal number of government, employers' and workers' representa- tives.* The question of regulation of the length of the work day and work week was not immediately referred to a com- mission since both its importance and difficulty marked it as a question of outstanding interest to the delegates. After two days of debate which brought out clearly the differences between the employer and employee groups, two commis- sions were appointed, one of fifteen persons to consider the general problem of the hours of work, and the other of twenty- four persons to consider it in relation to tropical and other countries in which special climatic and other conditions exist. With the reports of its various Commissions as a basis the Conference, after discussing each of the problems before it, agreed to adopt six Draft Conventions and six Recommenda- tions.'' These Draft Conventions and Recommendations constitute the real work of the First International Labor Conference. The six Draft Conventions relate to the following subjects: (1) The Limitation of the Hours of Work in Industrial Under- takings to Eight in the Day and Forty-eight in the Week The words "industrial undertakings" are defined in the Conven- tion as including all: (a) "Mines, quarries, and other works for the extraction of minerals from the earth. (b) "Industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed; including shipbuilding and the genera- tion, transformation, and transmission of electricity or motive power of any kind. 1 JWiJ.,pp. 38-39. >/Wd., pp. 222-255, 256-264. 44 (c) "Construction, reconstruction, maintenance, repair, alteration, or demolition of any building, railway, tramway, harbor, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, tele- graphic or telephonic installation, electrical under- taking, gas work, water work, or other work of con- struction, as well as the preparation for or laying the foundations of any such work or structure. (d) "Transport of passengers or goods by road, rail, sea or inland waterway, including the handling of goods at docks, quays, wharves or warehouses, but excluding transport by hand." It will be seen, therefore, that this Convention covers all mining activity, all manufacturing processes and all industries dealing with construction, communication and transporta- tion, as well as public utilities. In all these industries the eight-hour day or 48-hour week is to be the nominal work- period. It is further provided that where by law, custom or agreement between the associations of employers and em- ployees or, where such organizations do not exist, between rep- resentatives of employers and workers, the hours on one or more days are fixed at less than eight, the limit of eight hours may, with the approval of the competent public authority, be exceeded on the remaining days of the week, provided that in no case shall the daily limit of eight hours be exceeded by more than one hour. This provision is intended to make possible a work week of 48 hours, with a Saturday half holiday. It is also provided that in shift processes persons may be em- ployed in excess of eight hours in any one day and 48 hours in any one week if the average number of hours over a period of three weeks or less does not exceed eight per day and 48 per week. Longer hours than eight per day and 48 per week may be worked in case of actual or threatened accident, in case of urgent work that must be done to machinery or plant and in case of "force majeure," but only in so far as this may be necessary to avoid serious interference with the ordinary working of the undertaking. Further exception is made in the case of processes which must be carried on continuously by succession of shifts, provided that the working hours shall not exceed an average of 56 per week and that in no case shall this afFect any rest days which may be secured by na- tional law to the workers in such processes in compensation for the weekly rest day. 45 In exceptional cases, and with the approval of the govern- ment, agreements may be entered into between associations of employers and employees for a longer daily working period, provided that the total of 48 hours for the week is not exceeded. Each government is to determine its own regulations relative to permanent exceptions permissible in cases of preparatory or complementary work and also where the work is inter- mittent in character, and shall fix the temporary exceptions that may be allowed in order that an establishment may cope with extreme pressure of work. These regulations may be made only subsequent to consultation with the associations of employers and employees affected and shall fix the maximum additional hours in each case and the rate for overtime to be not lower than one and one-quarter times the regular wage rate. Copies of the acceptance and regulations must be furnished the International Labor Office which shall make an annual report thereon to the General Conference of the Inter- national Labor Organization. Employers must keep promi- nently posted within their establishments, the hours at which regular work begins and ends, and, where shift work prevails, the hours when each shift begins and ends. These notices shall also indicate such rest intervals during the working period which are not reckoned as part of the working hours. Each employer shall keep a record, in a manner prescribed by law or regulation, of the additional hours worked beyond those in the posted notice. In the case of Japan the Draft Convention is applied to all mining, quarrying and other extractive industries, to manu- facturing plants employing 10 persons or more, to the indus- tries enumerated in paragraph 'V' (page 45), wherever these undertakings shall be defined as "factories" by the proper governmental authority, and to the industries enumerated in paragraph "d" above, with the exception of those engaged in the transport of persons or goods by road, the handling of goods at docks, quays, wharves and warehouses, and also trans- port by hand. It is also applied to such of the undertakings enumerated in paragraph "b" and "c" (pages 44 and 45), as may be designated by the proper governmental authority to be highly dangerous or involving unhealthy processes, regard- less of the number of persons employed. The actual working hours of all persons 15 years of age or over in any public or 46 private industrial establishment shall not exceed 57 per week as against a previous 84, except that in the raw silk industry the limit shall be 60 hours per week as against a previous 93. For all persons under 15 years of age and for all persons of whatever age in any public or private establishment engaged in underground work in the mines, the limit of actual working hours shall be 48 per week. A weekly rest period of at least 24 consecutive hours shall be allowed to all classes of workers, and Japanese factory legislation shall be modified so that such legislation will apply to all factories employing 10 or more persons in place of the present 15 or more. The Draft Convention is to become effective in Japan not later than July 1, 1922, and the prescription of the 48-hour week for persons under 15 shall be modified not later than July 1, 1925, to include all persons under 16. In British India the 60-hour week shall be the limit as against a previous 72, but further provisions for the limitation of hours in India shall be considered at a future meeting of the General Conference. The Convention is not to apply to China, Persia and Siam, but provisions for the limitation of hours in these countries shall be considered at a future meeting. In the case of Greece it is provided that the limitation with respect to eight hours per day and 48 hours per week shall be applied to certain specified industries not later than July 1, 1923, and to a much larger group of specified industries not later than July 1, 1924. In the case of Roumania it is provided that the Draft Con- vention shall go into effect not later than July 1, 1924. With respect to all other countries, however, it is provided that each Member ratifying the Convention shall bring its provisions into operation not later than July 1, 1921, and shall take such action as may be necessary to make the provisions effective . In case of war or other emergency endangering the national safety, the provision of this Draft Convention may be sus- pended. Formal ratifications must be communicated to the Secre- tary-General of the League of Nations and each Member undertakes to apply the Convention to its colonies, protec- torates and possessions which are not fully self-governing, 47 except where it is inapplicable because of local conditions or where modifications are necessary in order to adapt it to local conditions. As soon as two Member Nations have reported that they have ratified the Draft Convention, the Secretary- General of the League of Nations is to notify all of the Mem- bers of the International Labor Organization. The Draft Convention shall come into force on the date on which such notification is made and shall be binding on those Members who have registered their ratification. Thereafter it is to come into force for any other Member upon its ratifi- cation by such Member and registration with the Secretary- General of the League. A Member ratifying the Convention may denounce it after the expiration of 10 years from the date on which it first comes into force, but such denunciation shall not take effect until one year after notice of denunciation shall have been registered with the Secretary-General of the League. At least once in every 10 years the Governing Body of the International Labor Office is to present to the General Conference a report on the working of the Convention and the measures necessary for its modification or revision. These measures shall then be placed on the agenda of one of the Conferences. The adoption of this Draft Convention was recognized within the Conference as marking one of its most important accomplishments. The question was exhaustively examined for three weeks by two Commissions and was further debated at length in the full Conference, and the attitude of the employer and employee groups was clearly stated. The employers indicated their willingness to accept the eight-hour day or 48-hour week in principle, but proposed modifications in its provisions, suggesting that the term eight-hour day and 48- hour week shall be made to refer to actual and not nominal hours of work. They pointed out that the adoption of an eight-hour day or 48-hour week is of little value unless there is a guarantee that the industries shall work to their fullest normal capacity and unless there is "unanimous agreement to maintain and increase output."' Beyond this, they urged the need of in- creased production at this time, particularly in those countries affected by the war; that a reduction in. work hours would un- doubtedly be accompanied by a loss in output which could not 'League of Nations. International Labor Conference. First Annual McetinK (Oct 29 1919— Nov. 29, 1919), p. 41. ' 48 be compensated for except by improvements in management or in machinery; and that such improvements were not a matter of immediate accomphshment. "Machinery cannot be developed as one would like, tools cannot be transformed and new instruments invented in a day.''^ They argued further that the adoption of the eight-hour day was a social measure and that social measures must not be confused with those of an economic character. "Industry is not a philan- thropic work or a matter of parlor theorizing. The object of industry is to create products for sale in the hope of finding purchasers. If production does not take place under condi- tions that are sufficiently advantageous for finding such pur- chasers, then such industry founders and is ruined and the workmen whom it is employing are discharged — thrown out of work. These are absolute facts against which nothing can be said or done." The representatives of the employees contended that argu- ment for the eight-hour day and 48-hour week was futile, since these were already an accomplished fact; that the workers intended to maintain their struggle for shorter hours; that the eight-hour day and 48-hour week must be regarded as the maximum which they would be willing to accept and that they would not give up their half holiday on Saturday. The schedule of hours, they said, was not in itself everything; production, rather, was determined by the degree of organiza- tion and the extent and use of machinery in an establishment. "Production does not depend solely on the presence of labor in the workshop, but on the organization of labor and the improvement of machinery. In other words, we see that at the beginning of its work the conference stated explicitly that it is done with that human slavery which binds the laborer to his factory; and that it is no longer the human mind alone which determines production, but also the development of machinery and the rational organization of labor. "^ They argued that the shorter workday was one of the aspirations of the workers and that they must not be denied the gains that come with industrial progress. Samuel Gompers, who was extended the courtesy of addressing the Conference as a guest, contended that production is increased rather than diminished 1 League of Nations. International Labor Conference. First Annual Meeting (Oct. 29, 1919— Nov. 29, 1919), p. 44. ' Ibid., p. i2. 49 PROPERTY OF LIBRARY NEW YOilK ST£Tc ^HMSICil VERSITY 107^3^ by the shorter workday.' "It is a fact, which all history of industry bears out, that there is more produced by the worker, everything else being equal, in an eight-hour day than in a nine, ten or twelve-hour day. . . Everything being equal, without improved machinery, without any additional driving force or power, a man, working in a factory or any other establishment eight hours a day, will produce more than in another establishment under the same conditions, if the work- men in that establishment work ten or twelve hours a day." He argued that wherever the hours of work were longest, machinery and methods of production were least improved, and that new inventions tended to make industry daily more efficient. He urged that the eight-hour day be made the maximum of daily work, and that "in the United States we are going beyond it, and we mean it, too, and we are not going to reduce production. . . . We are not going back nor are we going to be driven back. . . The immediate future requires it and requires a better regulation than can be adopted upon any other question. If the employers main- tain the position that has been put forth, then all the labor delegates can do is to appeal over their heads to the repre- sentatives of the Governments, and the representatives of the Governments, as the result of the expression and the feelings of the needs of all their peoples, will support a proposition so manifestly fair as the maximum eight-hour day." After an extended discussion the whole question was referred to a committee on the hours of work, consisting of fifteen persons equally divided between the Government, employer and em- ployee representatives. This committee after twelve sessions brought in a report which formed the basis of the Draft Convention on the eight-hour day.^ Of particular interest were the exceptions made with refer- ence to undeveloped countries, particularly Japan and British India. The Japanese labor representatives favored the adoption of the eight-hour day in Japan similar to that applied to European countries. This contention was supported by some of the leading labor representatives in the conference.^ It was finally voted down on the close vote of 45 to 42, the justification being that the reduction in hours prescribed for ^ Ibid,, pp. 44-46. ' Ibid., pp. 222-227 , 114. 'Ibid., pp. 158-167 50 ■Japan was sufficiently serious since the Japanese Factory Act limited the hours of work to thirteen per day, without pro- vision for a weekly holiday or a Sunday rest. It was argued further that to apply the eight-hour day to Japan would force her to reduce her production by about 60%, whereas the appli- cation of the eight-hour day to other countries would result in a reduction of their production of not more than 10%. (2) Unemployment By this Draft Convention each Member agrees to transmit to the International Labor Office at intervals of not more than three months all available information relating to unemploy- ment and the measures taken to combat it. Each Member further agrees to establish a system of free public employ- ment agencies under control of a central authority. Advisory committees on the activities of these free public employment agencies shall be appointed and shall include representatives of employers and of employees. Where public and private free employment agencies exist, efforts shall be made to coordinate their operations on a national scale. Members of the International Labor Organization ratifying this Draft Convention who have systems of unemployment insurance in effect in their respective countries shall, upon agreement on satisfactory terms, make arrangements whereby their nation- als, working in the territory of another Member, shall be admitted to the same rights of benefit as prevail in the country in which they are employed. Provisions similar to those in the Draft Convention on the eight-hour day and 48-hour week relating to the procedure in ratifications, the application of the provisions of the Convention to colonies, protectorates and possessions, the period when the Convention shall come into force and the procedure in denunciations and the decen- nial investigation of its working, are also included. (3) The Employment of Women before and after Childbirth This Draft Convention provides that in all industrial or commercial undertakings no woman shall be permitted to work during the six weeks preceding her confinement, and shall have the right to leave her work upon production of a medical certifi- cate, stating that her confinement will probably take place 51 within six weeks. Each woman so absent, irrespective of age or nationaHty, whether married or unmarried, shall be paid benefits "sufficient for the full and healthy maintenance of herself and her child" provided out of public funds, or by a system of insurance, the exact amount of which shall be determined by the competent authority in each country; she shall be further entitled to the additional benefit of free attendance of a doctor or certified midwife. The mistake of a medical adviser in estimating the date of confinement shall not operate to exclude a woman from receiving the benefits from the date of the medical certificate up to the date on which the confinement actually takes place. A woman worker who is nursing her child shall be allowed half an hour twice a day during the working hours for this purpose. A woman absent from work because of her expected or actual confinement, who remains absent for a longer period, due to illness certified to by a physician as arising out of pregnancy or confinement and therefore rendering her unfit for employment, shall not be dismissed unless her absence shall have exceeded a maximum period fixed by a competent authority in each country. The date when this Draft Convention shall go into force is fixed as July 1, 1922. The usual provisions relating to ratification, application to colonies, protectorates and possessions not fully self-governing, and also denunciation and investigation, are contained in this Draft Convention. (4) The Employment of Women during the Night This Draft Convention is to come into force upon ratifica- tion not later than July 1, 1922. It provides that women, without distinction of age, shall not be employed in any in- dustrial undertaking during the night, the term "night" to be interpreted as certifying a period of at least 11 consecu- tive hours, including the interval between 10 P.M. and 5 A.M. In countries where no government regulations as yet apply to the employment of women in industrial undertakings during the night, the term "night" may be provisional for a period not exceeding three years, to be taken to signify a period of only 10 consecutive hours, including the interval between 10 P.M. and 5 A.M. Exception to prohibition of employment of women during the night is made in the case of "force majeure" 52 and in cases where work has to do with raw or other materials in course of treatment, which are subject to rapid deteriora- tion or spoilage, and where such night work is necessary to preserve the materials from certain loss. In India and in Siam the Draft Convention may be suspended by the govern- ment in respect to any industrial undertaking except fac- tories, as defined by the national law. In industrial establish- ments influenced by the seasons or in cases where exceptional circumstances demand it, the night period may be reduced to 10 hours on 60 days of the year! In countries where climatic conditions render work by day particularly trying to health, the night period may be shortened beyond that prescribed in the provisions of the Draft Convention. (5) Fixing the Minimum Age for Admission of Children to Industrial Employment This Draft Convention provides that children under 14 shall not be employed in private or public industrial under- takings, except that in Japan children over 12, who have finished the course in the elementary school, may be ad- mitted into employment, and that in India children under 12 may be employed except in factories working with power and employing more than 10 persons, in mining and other extrac- tive industries, and in land transportation, exclusive of trans- portation by hand. Every employer shall be required to keep a register of all persons under the age of 16 employed by him, together with the dates of their birth. (6) The Night Work of Young Persons Employed in Industry This provides that persons under the age of 18 shall not be employed during the night in any public or private industrial undertaking, except where only members of the same family are employed. Persons over the age of 16 may be employed during the night in the manufacture of iron and steel, in glass works, paper mills, raw sugar factories and in gold mining reduction work, where by reason of the nature of the process, the work is carried on continuously during the day and night. Exception is made for the employment of persons between the ages of 16 and 18 in cases of emergencies beyond control, emergencies not foreseen or not of periodic character, and S3 such as would interfere with the normal working of an indus- trial establishment. When ratified the Draft Convention is to go into force not later than July 1, 1922. In the case of Japan the Draft Convention is to apply only to young persons under 15 years of age until July 1, 1925, and thereafter only to persons under 16. In the case of India the Convention is to apply only to factories as defined in the Indian Factory Act, and shall not apply to male persons over 14 years of age. The six Recommendations' adopted by the Washington Conference are concerned with: (1) Unemployment It is recommended that each Member of the International Labor Organization take measures to prohibit the establish- ment of employment agencies which charge fees or which carry on their business for profit. Where such agencies exist, it is further recommended that they be permitted to operate only under government license and that all practicable measures shall be taken to secure their abolition as soon as possible. The recruiting of bodies of employees in one country for employment in another should be permitted only by mutual agreement between the countries concerned and after con- sultation with employers and workers in each country in the industries concerned. It is recommended that each Member of the International Labor Organization shall undertake to establish an effective system of unemployment insurance, either through a government system or a system of govern- ment subvention to associations whose rules provide for the payment of benefits to unemployed members. It is also recommended that the execution of all public work shall be coordinated with the view to reserving as much of it as is practicable for periods of unemployment and for districts most affected by it. (2) Reciprocity of Treatment of Foreign Workers It is recommended that the Members of the International Labor Organization shall, on condition of reciprocity and upon terms to be agreed between the countries affected, admit foreign workmen, together with their families employed within 'League of Nations. International Labor Conference. First Annual Meeting (Oct. 29, 1919— Nov. 29, 1919), pp. 256-264. 54 its territory, to the benefit of its labor laws and regulations, as well as to the same right of lawful organization enjoyed by its own workers. (3) Prevention of Anthrax It is recommended by the General Conference that ar- rangements shall be made for the disinfection of wool in- fected with anthrax spores, either in the country exporting such wool or, if this is not practicable, at the port of entry in the country importing such wool. (4) Protection of Women and Children against Lead Poisoning In view of the danger involved for both women and children, it is recommended that women, and young persons under the age of 18, be excluded from employments in which there is danger from lead poisoning. These employments are speci- fied and include such activities as furnace work in the reduc- tion of zinc or lead ores, manipulation, treatment, or reduc- tion of ashes containing lead, the manufacture of solder or alloys containing more than 10% of lead, the manufacture of litharge, massicot, or red lead, white lead, or orange lead, and in mixing and pasting in the manufacture or repair of electric accumulators. It is further recommended that the employment of women, and of young persons under the age of 18, shall be permitted in processes involving the use of lead compounds only where provision has been made for exhaust ventilation so as to remove dust and fumes at the point of origin, where tools and work rooms are kept clean, where there is provision for notification of lead poisoning to governmental authorities and compensation for such poison- ing, where there is provision for periodic medical examination, for proper washing, special protective clothing and mess-room facilities, and also where the bringing in of food or drink into work-rooms is prohibited. In addition, it is recommended that in industries where soluble compounds can be replaced by non-toxic substances, the use of these compounds shall be strictly regulated. A lead compound containing more than 5% of its weight soluble in a quarter of 1% solution of hydro- chloric acid shall be considered as soluble for the purpose of this recommendation. 55 (5) The Establishment of Government Health Services It is recommended that the Members of the International Labor Organization shall institute a system of efficient fac- tory inspection, if they have not already done so, and shall, in addition, establish a government health service for the purpose of safe-guarding the health of the workers. (6) The Prohibition of the Use of White Phosphorus in the Manufacture of Matches The General Conference recommends that those Members who have not already indicated their adherence to the Berne Convention of 1906, relating to the prohibition of the use of white phosphorus in the manufacture of matches, shall do so. The Second International Labor Conference The first General Conference of the International Labor Organization, which met at Washington, D. C, from October 29 to November 29, 1919, was essentially an industrial Con- ference since the measures which it was called upon to con- sider, and the Draft Conventions and Recommendations which it adopted, concerned more particularly the manufac- turing industries. The second meeting of the General Con- ference took place at Genoa, Italy, from June 15 to July 10, 1920, and was essentially a maritime conference, the ques- tions coming before it applying particularly to fishermen and seamen. The agenda for this meeting covered the following subjects: 1 . Application to seamen of the Convention drafted at Washing- ton, last November, limiting the hours of work in all industrial undertakings, including transport by sea and, under conditions to be determined, transport by inland waterways, to eight hours in the day and 48 in the week. Consequential effects as regards manning and the regulations relating to accommodation and health on board ship. 2. Supervision of articles of agreement. Provision of facilities for finding employment for seamen. Application to seamen of the Convention and Recommendations adopted at Washington in November last in regard to unemployment and unemploy- ment insurance. 3 . Application to seamen of the Convention adopted at Washing- ton prohibiting the employment of children under 14 years of age. 4. Consideration of the possibility of drawing up an International Seamen's Code. 56 The Conference, after a four weeks' session, adopted three Draft Conventions and four Recommendations. ^ The three Draft Conventions adopted by the Genoa Conference relate to: (1) Fixing the Minimum Age for Admission of Chi ldren to Employment at Sea Children under 14 years of age shall be prohibited from employment or work on vessels, except where only members of the same family are employed. Exception is also made in the case of school and training ships which are under public supervision and authority. The term "vessel" is defined so as to include all ships and boats of any nature engaged in maritime navigation, exclusive of ships of war. For the purpose of enforcement of this Draft Convention, each ship- master shall be required to keep a register of all persons em- ployed on board who are less than 16 years of age, together with the dates of their birth. The Convention contains the usual provisions relating to its application to colonies, pro- tectorates, and possessions which are not fully self-governing, deposit of ratifications with the Secretary-General of the League, enforcement, denunciation, and decennial report of its working. The Draft Convention is to go into effect not later than July 1, 1922. (2) Unemployment Indemnity in case of Loss or Foundering of the Ship All persons employed on any vessel engaged in maritime navigation, whether publicly or privately owned, exclusive of ships of war, shall, in case of loss or foundering of the vessel, be paid an indemnity against unemployment at the same rate of wages at which they were employed. This indemnity is to be paid by the owner or persons with whom the seamen have contracted for services, and shall be paid for the days during which idleness continues, except that the total indemnity to any one seaman may be limited to not more than two months' wages. Seamen shall have the same remedies for recovering such unemployment indemnities as ^League of Nations. International Labor Conference. "Draft Conventions and Recommenda- tions Adopted by the Conference During its Second Meeting, IS June-10 July, 1920. Authentic Texts." 57 they have for recovering arrears of wages which are earned during the service. Members ratifying the Draft Conventiop are required to bring its provisions into operation not later than July 1, 1922, but the Draft Convention may be denounced after five years from the date in which it comes into force. (3) Establishment of Facilities for Finding Employment for Seamen This Draft Convention undertakes to apply to seamen, except officers, engaged in maritime navigation, the pro- visions of the Convention and Recommendations relating to unemploymsnt adopted by the Washington Conference. The Draft Convention . provides that persons, companies, or other agencies shall not be permitted to find employment for seamen on any ship where such activity is carried on as a commercial enterprise for pecuniary gain, and no fee shall be charged either directly or indirectly for securing such em- ployment, except that existing agencies of a commercial character may be permitted to continue their work tem- porarily under government license, provided that such work is under government inspection and supervision, and that each Member shall take all practicable measures to abolish such commercial enterprises for pecuniary gain as soon as possible. Each Member ratifying this Convention further agrees to organize and maintain an efficient and adequate system of public employment offices for finding employment for seamen without charge, and to maintain such public em- ployment offices either under the direct control of the State or of representative associations of ship owners and seamen jointly, or under the control of a central authority. The work of these employment offices is to be administered by persons with practical maritime experience, and under the guidance of advisory committees consisting of equal numbers of representatives of ship owners and seamen. The powers of the advisory committees with respect to their choice of a chairman from outside their membership, the degree of State supervision, and the assistance from persons interested in the welfare of seamen, shall be determined by the Govern- ment of each country. In all cases freedom of choice of ship is to be assured to seamen, and freedom of choice of crew to ship owners. 58 Necessary guarantees for protecting all parties shall be included in the contract of employment, and proper facilities shall be assured to seamen for examining such contract before and after signing. Members ratifying this Draft Convention are to extend reciprocal opportunity to seamen of all other countries ratifying the Convention, to make use of public offices under their direction in order to secure employment. Each country is to decide for itself whether provisions similar to those contained in this Draft Convention shall be applied to deck officers and engineer officers. The remaining articles of this Convention contain the usual provisions relating to rati- fication, application to colonies, protectorates, and posses- sions, denunciation and decennial investigation, exception being made with regard to the denunciation period, which is fixed at five years instead of ten. The four Recommendations adopted at the second meeting relate to: (1) 7"^!? Limitation of Hours of Work in the Fishing Industry The second General Conference first took up the question of how far the Washington Draft Convention relating to limitation of hours of work in industrial undertakings, trans- portation, communication, and public utilities might be ap- plied to the fishing industry. In view of the fact that among the principles underlying the International Labor Organiza- tion is one pledging the Members to adopt, in so far as their special circumstances permit, an eight-hour day or 48-hour week as the standard to be aimed at, where it has not already been attained, the Conference decided to recommend that each Member shall, in consultation with the organization of employers and employees concerned, enact legislation limit- ing in this direction the hours of work of all persons engaged in the fishing industry, with such special modifying provisions as might be necessitated by the conditions surrounding the fishing industry in each country. (2) Limitation of Hours of Work in Inland Navigation This is similar in intent and spirit to the Recommendation relating to the application of the eight-hour day and 48-hour week in the fishing industry. It is recommended by the 59 General Conference that the Members, in consultation with the respective organizations of employers and employees con- cerned, shall enact legislation looking to the adoption of the eight-hour day and 48-hour week "with such special provision as may be necessary to meet the climatic and industrial conditions peculiar to inland navigation in each country." The Recommendation urges further that Members of the International Labor Organization, whose territories are riparian to waterways which are used in common by their boats, shall enter into agreements seeking the limitation of hours of work on such waterways to eight per day and 48 per week, and that international legislation shall follow as far as possible the general lines of the Draft Convention at Wash- ington relating to the limitation of hours of work. The meaning and application of the term "inland navigation" as distinguished from "maritime navigation" is to be determined by consultation of each Member with its organizations of employers and employees concerned, and this decision is to be communicated to the International Labor Office. Each Member is required to report to the International Labor Office within two years after adjournment of the Genoa Con- ference, concerning the progress it has made toward carrying out this Recommendation. (3) The Establishment of National Seamen's Codes It is recommended that each Member shall undertake the embodiment in a seamen's code of all its laws and regulations relating to seamen, so that the seamen of the world, whether engaged on ships of their own or foreign countries, shall have a better comprehension of their rights and obligations, and that the task of establishing an International Seamen's Code may be advanced and facilitated. (4) Unemployment Insurance for Seamen With a view to securing the application to seamen of the Recommendation concerning unemployment adopted at the Washington Conference, it is recommended that each Member of the International Labor Organization establish for its seamen an eflFective system of unemployment insurance, whether such unemployment arises from shipwreck or any 60 other cause, and that such insurance shall be paid by the Government or by means of government subventions to industrial organizations whose rules provide for payment of benefits to unemployed members. The Third International Labor Conference The Third International Labor Conference was scheduled to take place in Geneva, Switzerland, in April, 1921, but was postponed to the fall of the same year. The agenda for this meeting was fixed as follows by the Governing Body:^ 1 . Reform of constitution of the Governing Body of the Inter- national Labor Office. 2. Adaptation to agricultural labor of the Washington decisions concerning the regulation of the hours of work. 3. Adaptation to agricultural labor of the Washington decisions concerning: (a) Measures for the prevention of or providing against un- employment; (b) Protection of women and children. 4. Special measures for the protection of agricultural workers: (a) Technical agiicultural education; (b) Living-in conditions of agricultural workers; (c) Guarantee of the rights of association and combination; (d) Protection against accident, sickness, invalidity and old age. 5. Disinfection of wool infected with anthrax spores. 6. Prohibition of the use of white lead in painting. 7. The weekly rest day in industrial and commercial employment. 8. (a) The prohibition of the employment of any person under the age of 18 years as trimmer or stoker, (b) Compulsory medical examination of all children on board ship. The Conference opened at Geneva, Switzerland, on October 25, 1921. Representatives of thirty-five nations were present on the first day and this number rose to thirty-eight on the second and reached its maximum of thirty-nine countries on the third day. The first day of the Conference was spent in organizing. Arthur Fontaine, President of the Governing Body of the International Labor Office, called the Conference to order and in his address reviewed the progress made by the International Labor Office. He cautioned, however, that too much work should not be attempted by the Conferences and that more satisfactory results in the way of legislation were to be ex- ' International Labor Office, Official Bulletin, Sept. 8, 1920, pp. 5-6. 61 pected of the different nations if a minimum amount of legis- lation were suggested. In the course of his address he said: Not only must conventions be drawn up with great care and leisure, not only must they be examined and weighed, perhaps during several months between the drawing up and the final vot- ing of Draft Conventions, but they must also not be too numer- ous. Neither should the recommendations, although these are easier to draft, be too numerous. The Washington Conference produced six Recommendations and six Draft Conventioiis. They may involve the presentation of twelve Bills to a Parliament in a single year, since the Conferences are annual — and those Bills are to be added to all the political and financial bills, the examina- tion of which devolves upon Parliament. If so many decisions are taken, it means that the movement of international legislation will inevitably fall into arrears. It is to the Governing Body, which has to prepare the Agendas for the Conference, that this piece of counsel is specially directed. If it is. the opinion of the Conference, the Governing Body will reduce with the greatest energy the Agendas, which are sometimes loaded up, even by the indications of the Conference. If the Agendas are strictly cut down, there will be great gain in every respect — in rapidity, in pre- cision and in the efficiency of our work.' Lord Burnham, of Great Britain, ex-Member of the House of Commons and proprietor of the London Daily Telegraph, was elected President of the Conference. The first day was given over almost entirely to organization and approval of credentials of the Delegates. The first real task which confronted the Conference was a decision on the question of competence and jurisdiction of the International Labor Conference to deal with agricultural questions. This question was officially raised by the French Government in two formal objections of May 13, 1921, and October 7, 1921. DirectorThomasof the International Labor Office, in placing the objections of the French Government before the Conference, called attention, too, to the fact that the Swiss Government on January 7, 1921, had proposed that the agricultural questions on the agenda be either with- drawn or referred to a subsequent session of the Conference.^ In considering this proposal of the Swiss Government, the Governing Body had decided to apply the procedure of Article 402 of the Treaty of Versailles and to refer to the Delegates at the conference the question of exclusion from the agenda of the items objected to, a two-thirds vote being essential for a decision. * League of Nations. International Labor Office. Third Session. Geneva. Provisional Record, October 25, 1921, p. 3. ^International Labor Office, Official Bulletin, Jan. 19, 1921, pp. S-7 62 The importance of this question was realized by all the delegates present and by their representative governments, since a decision declaring the International Labor Conferences incompetent to deal with agricultural questions would have removed agricultural questions from the scope of work of the International Labor Organization, and would have limited to a considerable degree the work of the International Labor Office. Mr. Fontaine, in his capacity as a government representa- tive of France, presented the objections of his Government, pointing out that agricultural labor is a different field from that of industrial labor; that the conditions under which work is performed vary materially in both groups; that differences of national, economic, social, climatic conditions, and tech- nical requirements, would make possible the adoption of vague formulae only, offering no basis for effective regulations.^ He pointed out that the Treaty of Peace made no mention of agricultural workers and that the French Government con- sidered the regulation of agricultural labor conditions as inopportune at the present time. Mr. Jouhaux, the workers' delegate of France, objected to the attitude of his Government, arguing that in the discussions of the commission which drafted the Labor Sections of the Treaty of Peace, it was expressly understood that agricultural labor would be covered by the Labor Provisions of the Treaty of Versailles, that the French Government, through its representatives, expressed itself at that time in favor of having agriculture included, that Mr. Clemenceau, the Prime Minister, had expressed a fear that the trade union organiza- tions did not represent the agricultural workers and that the governments, in their selection of representatives to the Conferences, should see that the interests of the agricultural workers were fully represented.'' He argued that there was no reason for the change in attitude of the French Government, except one of political expediency. He urged that the objec- tions made by certain agricultural interests in France, which the French Government had cited in its complaint, were not representative of the attitude of all French agricultural employers, that the French Government had not acted fairly, 1 League of Nations. International Labor Oifice. Tiiird Session, Geneva. Provisional Record, Oct. 26, 1921, pp. 5-6. 'im., Oct. 26, 1921, pp. 8-9. 63 since it had sided with the employers against the workers, instead of acting as a mediator, and that the French Govern- ment's interpretations would seriously limit the scope of the work of the International Labor Office and be tantamount to a decision "that no agricultural interests should ever be con- sidered by Commissions appointed by the International Labor Office." Finally, he pleaded for a discussion of agricultural questions, inasmuch as "agricultural organizations throughout the world will be following this discussion with very great interest." Mr. Fontaine, for the French Government, took issue with Mr. Jouhaux's statement, holding that the question was not one of the political opportunism, and that the French Govern- ment had from the earliest days, both inside and outside of the International Labor Conference, indicated its doubts as to the competence of the International Labor Organization to deal with agricultural problems. I would like to remind you that during 1919 at the Conference on International Labour Legislation, when the Peace Treaty was be- ing discussed, I had to speak on several occasions against the prin- ciple of regulating agricultural labor, and anyone who wishes to do so can refer to the summaries of my speeches, as they have been published. I said on those occasions that it was impossible to fix the duration of the hours of agricultural work. You can- not define it by the day or by the week. It is a work which does not begin or end at any particular point of time. Therefore in the first draft the question of the duration of hours was limited to purely industrial enterprises, to the exclusion of agricultural work. 1 spoke in the same terms about the question of the age of admission, and the Commission supported my view. Therefore I say it is not recently, or merely due to the consideration of political oppor- tunism, that the French Government has taken this attitude. It has for long held that agricultural questions are not ripe either for national or for international legislation. Again, since 1919 the French Government has not waited in order to express the doubts which it has held on this question. These doubts were raised in the French Parliament in 1920. They were discussed by the Governing Body in 1921. Since that time feeling has grown and has extended in agricultural circles in France, and has produced such a violent opposition that the French Government could not fail to take account of it. And it is not only in France that this feeling has been aroused. There are other States which have been forced to consider the inexpediency of discussing agri- cultural questions at this moment. You will shortly have to speak on this question on behalf of your Governments, and whatever view you take of its expediency or inexpediency, I wish to insist that it is a question of practical expediency and not of political expediency. It is on this ground that the French Government 64 raises it and appeals to the provision of Article 402 of the Treaty of Versailles.' The general discussion which followed brought out the fact that while many of the- governments were opposed to the application to agriculture of the Washington Draft Conven- tions, establishing the eight-hour day or 48-hour week in agriculture, they were opposed to a decision that would declare the International Labor Organization incompetent to deal with agricultural questions. The Colombian government representative stated that it was unfortunate that the Treaty of Versailles did not speci- fically mention agricultural workers. They are always forgotten more or less, those poor men who are in a field digging and bearing the fierce heat of the sun. They are always forgotten, because the workers of the towns shout and pro- test, thereby obtaining justice at times. Then, the workers of the towns, who are called industrial workers, are feared; justice is done to them if possible — at any rate a beginning of justice. But the workers in agriculture, unfortunately for them, are more neglected, because they have not the means of defending them- selves; thus here, among the representatives of thirty-five coun- tries, there is not a single representative of agriculture.^ He stated that his Government favored the inclusion of agri- cultural items in the agenda of the International Labor Con- ferences. It was, however, definitely opposed to the eight- hour day regulation, either at the present time or at any future time. The Government representative of Chile took a similar position and pleaded that "on the general grounds of humanity, agricultural questions and the agricultural laborer should be given the protection accorded by the Peace Treaty to other workers."' The Indian workers' representative favored inclusion of agricultural questions in the agenda on the ground that there was as much exploitation by capitalism in agriculture as there was in industry.* Sir A. D. Hall, British government representative, stated that while only industry was specifically mentioned in the Treaty of Versailles, nevertheless the International Labor Conference had not considered itself as going outside of the scope of the Treaty when it had considered shipping questions '■Ibid., October 26, 1921, p. U. 'Ibid., p. 13. 'Idem. *Idem. 65 the previous year at Genoa, Italy. He argued that the use of the word "industry" in the Treaty was not intended to limit the work of the International Labor Organization to manufacturing industry; on this account he favored the reten- tion of the agricultural items on the agenda of the Third International Labor Conference. Moreover, he felt that neither his Government nor any of the other governments dared to exclude agriculture from their purview. How shall we stand — I am speaking as a Government repre- sentative — ^with respect to the workers of our own countries if we deny the competence of this assembly to consider their questions ? In Great Britain there are at the present time more than a million agricultural workers who are in receipt of wages. Are we to go back to those men and say that they are out of court in all inter- national considerations, that their case may never be put here, that they have no status whatever, that they are, as it were, inter- nationally speaking, outlawed? No. I say that we cannot pos- sibly take that point of view. Again, are we to tell the women of many countries, who complain that by old custom they are in- volved in conditions of labour, that they can never put their case because they happen to be engaged in agriculture, that though there may be measures drawn up for the protection of women against these evils in industrial matters yet this Parliament, the one Labour Parliament of the world, will refuse to consider women and the women's case if those women are engaged in agriculture? Again, I say we cannot go back and maintain that position.' He urged the delegates not to confuse the discussion of the question of competence which had been raised by the French Government with either that of expediency or opportunism, but rather to view the matter apart from the merits of the propositions which were contained on the agenda. A decision to exclude agriculture from the field of the International Labor Conferences would, he held, have a deleterious effect on the agricultural worker and promote, rather than retard, the movement from the country to the cities. Raising the question of the purpose of the Conference, he said:^ We want to exalt agriculture, we people who believe in agricul- ture and stand by it. We want to exalt the position of the agri- cultural laborer; we want to put him alongside his industrial brothers and sisters. We know in every country there is at the present time an increasing disposition to come away from the land and to enter into industries, and if we tell the agricultural workers, the men and women upon the land, that they are outlaws, that they are not going to be considered when the conditions for the 1 /Wd., Oct. 26, 1921, p. 14. >II>id.,p. IS. 66 amelioration of the working classes are discussed, we only intensify that withdrawal from the land. Upon motion of Jules Carlier, Belgian employers' delegate, discussion was postponed to the following day so as to give the various delegates an opportunity to consider the matter among themselves with a view to facilitating a decision. ^ At the opening of the session the following day Mr. Mahaim, a Belgian government delegate, urged that in principle he did not think it necessary for the assembly to decide whether it had jurisdiction on any question, since an assembly of this kind "by its very actions decides whether it has jurisdiction or not." He urged that the Conference proceed with the discussion of the agricultural items on the agenda, by that very act affirming its jurisdiction. He pointed out that those who denied the jurisdiction of the Conference might, in accordance with the labor provisions of the Treaty, take the question before the Permanent Court of International Justice. However, to clear up this point and enable the Conference to proceed with its work, he proposed the following resolution, which he asked the Conference to adopt: The Conference, considering that it has jurisdiction to deal with matters relating to agricultural labour, decides to consider the expediency of retaining the questions under numbers II, III, and IV of the Agenda, taking each of these questions in succession.* He added that the government groups had adopted this principle by a majority of 32 votes. This resolution was subsequently amended by Mr. Mahaim so as to read as follows:' That the Conference, considering that it has jurisdiction to deal with matters relating to agricultural labour, decides to main- tain on its Agenda the questions under the numbers II, III, and IV. Mr. Zaalberg, a Netherlands government delegate, asked for the withdrawal of agricultural questions from the agenda of the Conference, although stating that he did so for different reasons from those given by the French Government. He stated that his Government has already adopted a great many social reforms with regard to industry and hoped that one day 1 Itid., p. 16. »/6id., Oct. 27, 1921, p. 44. 'Idem. 67 these may be applied to agriculture, but that it believed that consideration of the questions at this Conference premature. He added that the Netherlands Government has put forward a Bill restricting the hours of labor in agriculture, but that "it considers that it would only increase the difficulties with which the International Labor Organization is faced if this question, which has not been thoroughly studied, and which is not really mature for discussion in the present economic situation, is taken into consideration," and therefore, in the name of the Netherlands Government, he considered that this question should not be discussed at the present session of the International Labor Conference.' Subsequent debate was shrouded in some confusion, the delegates not understanding the purpose of the resolutions offered or the effect of a vote. Frequent reference was made to the rules governing procedure and the Secretary-General of the Conference, (Albert Thomas, Director of the International Labor Office), tried to clarify the situation. While the French Government's objection to the agricultural items had been made on the score both of lack of jurisdiction of the Interna- tional Labor Organization and inexpediency of agricultural labor regulation, attention began to center on the latter objection.^ Considerable discussion arose over the legality of the objec- tion of the French Government to the consideration of the agricultural questions, and also regarding the understanding and interpretation of Mr. Mahaim's resolutions. Mr. Baldesi, workers' delegate of Italy, emphasized the necessity of acting first on the protest of the French Govern- ment as to the expediency of considering agricultural questions as a whole at this Conference. He pointed out that a precedent on this matter of the Conference dealing with agricultural questions had already been set at the Washington Conference in 1919, when a resolution was presented by the Italian delegate. Dr. di Palma, deciding that a Draft International Convention for the protection of agricultural workers should be submitted to the International Labor Conference. He pointed out that this resolution was afterwards passed and came up as a resolution by Mr. Crawford, workers' delegate of South Africa, indicating that this question would be placed i/Wd., Oct. 27, 1921, p. 47. '/4U., pp. 46, 98 68 on the agenda of the next meeting. He added that Mr. Crawford's resolution was passed at Washington by 42 votes for and 14 against, failing of adoption, however, because a quorum of delegates was not present. Mr. Baldesi maintained that the Conference could not ignore what was done at the Washington Conference. In his own name, and in that of Mr. Jouhaux, he proposed the following resolution*: This Conference considers that the Agenda as proposed by the Governing Body is in accord both with the decisions taken by the Washington Conference and with the reasonable demands of the agricultural workers.' Mr. Matsumoto, Japanese workers' representative, sup- ported the resolution of Mr. Baldesi and stated: Japanese workers are second to none in resenting the fact that such a proposal has been made by the French Government. We are, however, confident that it will never meet with the approval of this Conference, and we hope that little time will be spent in deciding so plain an issue. Mr. Crawford, of South Africa, in an attack on the legality of the objection of the French Government, also referred to the two-thirds vote which had been taken at the Washington Conference in 1919 on his resolution to include the question of agricultural labor in the agenda of the next meeting. The President of the Conference ruled, however, that "that has nothing to do with it, because that only says that it should be considered by the Conferences" and further that "Article 400 of the Treaty of Peace lays down that the agenda for all meetings of the Conference shall be settled by the Governing Body. In any case, any Government has the right to object under Article 402, to any item on the agenda, however and under whatever circumstances they appear."* In order that the objections of both sides might be met and ' the question definitely settled Mr. Mahaim and Mr. Baldesi proposed a new resolution which amended and combined the previous resolutions. The resolution was as follows:* The Conference, considering that it has jurisdiction to deal with matters relating to agricultural labour, and considering that the Agenda as proposed by the Governing Body is in accord with the decisions taken by the Washington Conference and with the reasonable demands of the agricultural workers, decides to con- 1 /Wi, Oct. 27, 1921, p. 49. >/Wi.,p. 49. »/Wi., p.S2. /WJ.,0ct. 27, 1921, p. 58. 'Ibid., p. 59. 70 was put to a record vote with a result of 63 for and 39 against the retention of the item on the agenda. Seventeen delegates were absent or abstained from voting. Thus, failing of the necessary two-thirds vote the item was withdrawn from the agenda.^ This vote seems to mark a turning point in the Conference, for although not unexpected, it was a check to the hopes of the workers' delegates. One of their number, Mr. Baldesi, of Italy, moved immediately that a vote on Item III of the agenda, namely. Adaptation to agricultural labor of Washingron decisions con- cerning: (a) Measures for the prevention of or providing against unem- ployment, (b) Protection of women and children, be postponed until the following day, "in order that the workers' group may meet and decide on its attitude, because in view of the decision just taken they find themselves in a difficult position, and I think we should have an opportunity of consulting as to our attitude." This motion was seconded by Mr. Jouhaux, workers' delegate of France, and was adopted 43 to 38. ^ Before adjourning for the day the Conference voted to set up Commissions on (1) Weekly Day of Rest, (2) White Lead, (3) Anthrax and (4) Maritime Questions.' The Commission on the Weekly Day of Rest was composed of 36 members selected equally from the three groups of government, employers' and workers' delegates. The other Commissions were composed of 24 members each selected in the same manner. The Conference also passed a resolution referring the ques- tion of the Reform of the Constitution of the Governing Body (Item I of the agenda) to the Commission of Selection.* At the Sixth Sitting of the Conference on October 29, the question of the retention of Item III on the agenda was taken up, and after a long discussion it was voted, 90 votes for and 17 against, to retain the item for consideration by the Conference.^ Similarly, Item IV, relating to special measures for the protection of agricultural workers, was retained on i/W(i., Oct. 28, 1921, pp. 101-102. 'Ibid., p. 103. » Ibid., pp. 104-106. * Ibid., p. lOi. » Ibid. Oct. 29, 1921, pp. 130-133. 71 the agenda of the Conference by a vote of 93 for and 13 against.' The Conference, having voted on October 28 to withdraw from the agenda of the Conference the item relating to regula- tion of hours of work in agriculture, passed a resolution pro- posed by the Italian, British and Netherlands government delegations to the effect that:^ The Third Session of the International Labor Conference de- cides that the regulation of the hours of work in agriculture be inserted in the Agenda of a future Session of the Conference. In presenting this resolution, Mr. de Michelis, of Italy, Chairman of the Commission of Selection, stated that the debate which had taken place on the retention of Item II on the agenda "has left in the minds of many delegates the impression that all the agricultural questions, including the eight-hour, should be the subject of thorough and profound examination, and in consequence a number of proposals had been received both from Government Delegations and from workers' delegates suggesting that the question of the regula- tion of the hours of work in agriculture should be placed upon the agenda of a future Session of the Conference." Mr. de Michelis indicated that, as a result, the Commission had secured an agreement amongst the various proposers of motions on a common motion, viz., the resolution just cited. He stated further that if this motion were adopted, it would be for the Governing Body of the International Labor Office to consider in what circumstances and at what Session the question should be placed upon the agenda.' The vote on the resolution was 73 in favor and 18 against.* Despite the feeling that the ultimate welfare of the Interna- tional Labor Organization was rather impeded than aided by the adoption of numerous Draft Conventions and Recom- mendations, the Conference produced a larger number of these than did either of the two previous Conferences. Al- together seven Draft Conventions and eight Recommendations were adopted. Four important resolutions bearing on the accomplishments of the Conferences and the future work of the International Labor Organization were also agreed upon. 1 Ibid., pp. 134-137. 'lUd., Oct. 31, 1921, pp. 163-165. 'Ibid., p. 163. * Ibid., p. 165. 72 The seven Draft Conventions adopted by the Third Interna- tional Labor Conference deal with the following subjects: (1) Age for Admission of Children to Employment in Agriculture Children under fourteen years of age may not be employed nor may they work in any public or private agricultural under- taking except outside the hours fixed for school attendance. If employed outside the hours of school attendance, the employment shall not be such as to prejudice their attendance at school. Children may, however, be employed on light agricultural work for purposes of practical vocational instruc- tion, especially during the harvest time, provided such employment does not result in curtailment of the total annual school term to less than eight months. The usual provisions regarding ratification, registration, notification, application to colonies, possessions and protectorates, denunciation after ten years and examination after ten years for the purpose of revision or modification, are included. The Draft Convention provides also that it shall come into effect not later than January 1, 1924. (2) Right of Association and Combination of Agricultural Workers Each member ratifying this Convention undertakes to secure to all those engaged in agriculture the same rights of associa- tion and combination as to industrial workers, and to repeal any statutory or other provisions restricting such rights in the case of those engaged in agriculture. The usual provisions with regard to ratification, etc., follow. (3) Workmen's Compensation in Agriculture Each member of the International Labor Organization ratifying this Convention undertakes to extend to all agricul- tural wage earners its laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment. The usual provisions with regard to ratification, denunciation, decennial report of its working and application to the colonies, posses- sions and protectorates which are not fully self-governing, 73 follow. Each Member ratifying this Convention agrees to bring its provisions into operation not later than January 1, 1924. (4) The Use of White Lead in Painting Each member of the International Labor Organization ratifying this Draft Convention agrees to prohibit the use of white lead and lead sulphate and all products containing these pigments in internal painting of buildings. Exception is made in cases where the use of such pigments is considered necessary for railway stations or industrial establishments. The use of white pigments containing a maximum of 2% of lead, expressed in terms of metallic lead, is permitted, and the limitations on the use of white lead or lead sulphate are not to apply to artistic painting or fine lining, but the govern- ments shall define the limits of such forms of painting and shall regulate the use of white lead, lead sulphate and their products in conformity with the principles specified below. No male person under eighteen years of age and no females shall be permitted to engage in any painting work where white lead, lead sulphate or their products are used, but the com- petent authorities shall have power, after consultation with the employers' and workers' organizations concerned, to per- mit the employment of painters' apprentices in prohibited work with a view to their education in the painting trade. The prohibition prescribed above shall come into force six years from the closure of the Third Session of the International Labor Conference (November 19, 1921). Each member ratifying this Convention agrees to regulate the use of white lead, lead sulphate and all products containing these pigments in operations for which their use is not pro- hibited, in accordance with the following principles: L (a) White lead, sulphate of lead, or products containing these pigments shall not be used in painting operations except in the form of paste or of paint ready for use. (b) Measures shall be taken in order to prevent danger arising from the application of paint m the form of spray. (c) Measures shall be taken, wherever practicable, to pre- vent danger arising from dust caused by dry rubbing down and scraping. n. (a) Adequate facilities shall be provided to enable work- ing painters to wash-during and on cessation of work. 74 (b) Overalls shall be worn by working painters during the whole of the working period. (c) Suitable arrangements shall be made to prevent cloth- ing put off during working hours being soiled by paint- ing material. III. (a) Cases of lead poisoning and of suspected lead poison- ing shall be notified, and shall be subsequently verified by a medical man appointed by the competent author- ity, (b) The competent authority may require, when neces- sary, a medical examination of workers. IV. (a) Instructions with regard to the special hygienic pre- cautions to be taken in the painting trade shall be dis- tributed to working painters. The competent authority shall consult with the employers' and workers' organizations concerned with a view to taking all necessary steps for the observance of the regulations of this Draft Convention. Morbidity statistics shall also be obtained among working painters by notification and certifica- tion of all cases of lead poisoning and morbidity statistics by a method approved by the official statistical authority in each country. The Convention contains the usual provisions with regard to ratification, etc., and provides for its being put into effect not later than January 1, 1924 by those Members who ratify it. It will be observed that this Draft Convention does not relate to the use of white lead, etc., in exterior painting of buildings, etc., except in the case of the employment of males under 18 years of age and of all females. In the case of employment of males under 18 years of age, except painters' apprentices, and of all females, the use of white lead, etc., is prohibited in all painting work of an industrial character. It will be further observed that this Draft Convention differs with regard to the employment of males under 18 years of age and of all females from the Recommend ation^ adopted at the Washington Conference in 1919, in that the Recommenda- tion referred to prohibits the employment of such persons only in processes of manufacture which involve the use of lead compounds, etc., such as, in furnace work in the reduction of zinc or lead ores, the treatment or reduction of ashes containing lead, the manufacture of solder, litharge, red lead, white lead or orange lead, etc., and that where their employment is ' Cf. p. ss- 75 permitted adequate provisions shall be made for exhaust ventilation so as to remove dust and fumes, for clean tools and workrooms, and for proper washing facilities. The Draft Convention, however, relates only to the actual painting occupation itself.^ (5) Application of the Weekly Rest in Industrial Undertakings This Draft Convention provides that the entire staff em- ployed in any industrial undertaking, whether public or private, shall in every period of seven days be allowed a rest period of at least twenty-four consecutive hours. This rest period shall, where possible, be granted simultaneously to the entire staff of the undertaking, and shall wherever possible be fixed so as to coincide with the traditions and customs of the country or district. Exception may be made in the case of undertakings in which only persons of one single family are employed, and each Member of the International Labor Organization may authorize total or partial exceptions (includ- ing suspensions or diminutions), special regard being had for all proper humanitarian and economic considerations and after consultation with responsible associations of employers and employed wherever such exist. Such consultation shall not be necessary in the case of exceptions already in effect under existing legislation. Where suspensions or diminutions in the weekly rest period are made, provision for compensatory periods shall, as far as possible, be made except in cases where agreements or customs already provide for such compensatory periods. A list of the exceptions to this Convention adopted by each Member shall be communicated to the International Labor Office and every second year any modifications in its list of exceptions. A report on this subject shall be made to the General Conference by the International Labor Office. To facilitate the application of the provisions of this Conven- tion, each employer, director or manager shall, where the weekly rest is given to the whole staff collectively, be required to post notices or make known by other means approved by 1 The question of prohibition of the use of white lead in painting was, after the agricultural items, most provocative of dispute. In certain quarters the questionnaire on this subject issued by the International Labor Office in preparation for the Third International Labor Conference had been vigorously and bitterly attacked. The Office had been accused both of insufficient study of an intricate problem and of deliberate partisanship and of having sided with the paint manufacturers of one country in an attempt to mjure those of another. The Office states that after the Director had replied to these charges, they were not further pressed. International Labor Renew, February, 1922, p. 181. 76 the Government the days and hours of collective rest. Where the rest period is not granted collectively to the entire staff the rest period shall be made known by means of roster drawn up in accordance with the method approved by the legislation of the country or by a regulation of the competent authority. Each nation ratifying the Convention agrees to bring its provisions into operation not later than January 1, 1924. The Convention contains the usual provisions with regard to ratification, denunciation, decennial report and application to colonies, possessions and protectorates which are not fully self-governing. (6) Minimum Age for the Admission of Young Persons to Employment as Trimmers or Stokers Young persons under the age of eighteen shall not be employed as trimmers or stokers on any vessel engaged in maritime navigation whether publicly or privately owned, exclusive of ships of war, school-ships or training-ships ap- proved and supervised by public authority and vessels mainly propelled by other means than steam. Exception is also made in the case of young persons under eighteen shown physically fit by medical examination, whose employment as trimmers or stokers is limited to the coastal trade of India and of Japan, subject to regulations made after consultation of the most representative organizations of employers and em- ployees in those countries. When a trimmer or stoker shall be required in a port where only young persons of less than eighteen are available, such young persons may be employed provided they are at least sixteen years old and that two young persons are employed in place of the trimmer or stoker. To facilitate the enforcement of the provisions of this Convention every shipmaster shall be required to keep a register of all persons under eighteen employed on board his vessel, or a list of them in the articles of agreement, and of the dates of their births. Articles of agreement shall contain a brief sum- mary of the provisions of the Convention. The Convention contains the usual provisions with regard to ratification, registration, notification of Members, application to colonies, possessions and protectorates, denunciation, after ten years and decennial investigation with a view to revision or modifica- 77 tion. It is provided by a resolution adopted by the General Conference that the provisions of this Draft Convention shall not apply to the fishing industry. (7) Compulsory Medical Examination of Children and Young Persons Employed at Sea This Draft Convention provides that the employment of any child or young person under eighteen years of age on any vessel engaged in maritime navigation, whether privately or publicly owned, exclusive of ships of war or vessels on which members of the same family are employed, shall be conditional on the production of a medical certificate attesting fitness for such work. The certificate must be signed by a doctor approved by the competent authority. Such continued em- ployment at sea of any young person shall be contingent on the repetition of such a medical certificate at intervals of not more than a year and the production after each such exam- ination of a further medical certificate attesting the person's fitness for such work. A medical certificate becoming invalid through expiration during a voyage may be prolonged to the end of the voyage. In urgent cases the competent authority may permit a young person under eighteen to embark without having undergone the examination specified, provided, how- ever, that the examination is undergone at the first port at which the vessel calls. The Draft Convention is to come into operation not later than January 1, 1924. The usual provi- sions with regard to registration, ratification and notification of Members, application to colonies, possessions and protecto- rates, decennial denunciation and decennial consideration for the purpose of revision or modification follow. It is provided by a resolution passed by the Conference that the provisions of this Draft Convention shall not apply to the fishing industry. The eight Recommendations adopted by the Conference are: (1) The Prevention oj Unemployment in A griculture The General Conference recognizing that the Draft Conven- tion and Recommendation concerning unemployment adopted at Washington "are in principle applicable to agricultural workers, and recognizing the special character of unemploy- ment in agriculture," recommends that each member shall 78 consider measures which will have as their object the preven- tion or provision against unemployment suitable to their respective agricultural and economic conditions. Six different measures are suggested for consideration: (1) Adoption of modern technical methods to bring under culti- vation land either not now worked or worked partially but which could be made to yield an adequate return. (2) Encouragement of adoption of improved systems of culti- vation and more intensive use of land. (3) Development of facilities for land settlement. (4) Taking steps, through provision of transport facilities, with a view to reducing work of temporary character accessible to unemployed workers. (5) Development of industries and supplemental employments that will employ agricultural workers suffering from seasonal unemployment provided steps are taken that such work is carried on under equitable conditions. (6) Taking steps for encouragement of the creation of agricul- tural workers' co-operative societies for working, purchase or operation of land, and for this purpose taking measures to increase agricultural credit in favor of cooperative agri- cultural associations of land workers having as their object the use of land for production. Each Member of the International Labor Organization shall furnish the International Labor Office with a periodical report dealing with the steps taken to give effect to this recommenda- tion. (2) The Protection, Before and After Childbirth, of Women Wage Earners in Agriculture The General Conference recommends that each Member of the International Labor Organization take measures to insure to women wage earners in agricultural undertakings protection before and after childbirth similar to that provided by the Draft Convention adopted at Washington for women employed in industry and commerce. Such measures should include the right to a period of absence from work before and after child- birth and to a grant of benefit during the period, provided either out of public funds or by means of a system of insurance. (3) Night Work of Women in Agriculture It is recommended that the Members of the International Labor Organization take steps to regulate the employment of 79 women wage earners in agricultural undertakings during the night in such a way that they shall be assured a period of rest compatible with their physical necessities and consisting of not less than nine hours' which shall, when possible, be con- secutive. (4) Night Work of Children and Young Persons in Agriculture Each Member shall take steps to regulate the employment of children under fourteen engaged in agricultural employment during the night in such a way as to assure them a rest period of not less than ten consecutive hours, and of young per- sons between the ages of 14 and 18 engaged in agricul- tural employment during the night in such a way as to assure them a rest period of not less than nine consecutive hours. (5) The Development of Technical Agricultural Education The General Conference recommends that each Member of the International Labor Organization endeavor to develop vocational agricultural education and to make such education available to agricultural wage earners on the same conditions as to other persons engaged in agriculture. Each Member is requested to send at regular intervals a report to the Interna- tional Labor Office giving as full information as possible as to the administration of the laws, the sums expended and the measures taken to develop vocational agricultural education. (6) Living-in Conditions of Agricultural Workers Each Member of the International Labor Organization that has not already done so shall take statutory or other measures for the regulation of living-in conditions of agricultural workers. Such measures shall lay down any provisions which may be necessary in respect to special climatic or other conditions affecting agricultural work in its country and shall be drawn up after consultation with the employers' and workers' organ- izations concerned if such organizations exist. Such measures shall apply to all accommodation provided by employers for the housing of their workers either individually or in groups or with their families, whether the accommodation is provided in the houses of such employers or in buildings placed by them at the disposal of their workers. They shall 80 also provide that unless climatic conditions make heating superfluous, the accommodations intended for agricultural workers or their families shall contain rooms which can be heated. Accommodations intended for groups of workers shall provide a separate bed for each worker, shall afford facilities for insuring personal cleanliness and shall provide for the separation of the sexes. In case of families, adequate provision shall be made for the children. Stables, cowhouses and open sheds shall not be used for sleeping quarters. Each Member of the International Labor Organization is requested to take steps for the observance of such measures. (7) Social Insurance in Agriculture The Conference recommends that each Member of the International Labor Organization extend to agricultural wage earners the benefit of its laws and regulations instituting systems of insurance against sickness, invalidity, old age and other similar social risks on conditions equivalent to those prevailing in the case of workers in industry and commerce. (8) The Application of the Weekly Rest in Commercial Establishments It is recommended that each Member shall take measures that will result in the provision for a rest period of 24 consecu- tive hours in every seven days for the entire staff employed in any commercial establishment, public or private. Wher- ever possible, this rest period shall be granted simultaneously to the entire staff of each establishment and should be fixed so as to coincide with the days already established by tradi- tion or custom in the country or district. Exceptions may be made, but if so, a list of them should be made and transmitted to the International Labor Office, with subsequent reports bienially of any modifications in this list. The International Labor Office may present a report on these exceptions and modifications to the International Labor Conference. Both Item I on the agenda of the Conference, relating to the "Reform of the Constitution of the Governing Body of the International Labor Office," and the question of the "Reform of the Standing Orders of the Conference," were referred back to the Governing Body for further study, it being 81 decided to place these questions on the agenda of the next General Conference. In its report on the "Reform of the Constitution of the Governing Body" the Committee of Selection indicated that the subject should have further study- since it would necessitate an alteration of Part XIII of the Treaty of Versailles. With regard to the item on the agenda relating to the "disinfection of wool infected with anthrax spores," the Conference, following the recommendation of the Anthrax Committee, adopted unanimously a resolution that the Conference "considers that the question of universal com- pulsory disinfection of wool and hair infected with anthrax in its economic and humanitarian aspects has not yet been sufficiently studied to justify the conclusion of an international convention" and requests the Governing Body of the Inter- national Labor Office to appoint Members representing the chief producing and manufacturing countries to serve on an Advisory Committee to examine the question and present a report to the Governing Body in time for consideration by the International Labor Conference in 1923. It proposed that an international Convention on the subject be postponed and that the cooperation of the United States be invited. The resolution regards the eradication of the disease among animals as the ultimate solution of the problem and recom- mends that the Advisory Committee be instructed to make enquiries as to the most practical and effective methods of preventing infection and to report on its findings. The resolution recognizes that the danger to workers of infection by anthrax from hides, skins, etc., is also serious and deserves careful study and investigation. On November 15, 1921, a resolution was unanimously adopted by the General Conference, making an exception to the application to regions devastated by the war or in which work has been interrupted for a long period by the occupation of armies, of the Washington Convention concerning "night work of children" for minors between 14 and 16 years of age and providing that the provisions of the Washington Conven- tion shall apply to these regions not later than December 31, 1923. Two other significant decisions, in the form of resolutions which do not carry with them the force of a Draft Convention or a Recommendation, were arrived at by the Conference. 82 The first of these may be considered a corollary to the Draft Convention adopted by the Conference, relating to Weekly Rest in Industrial Undertakings, and the second relates to the general unemployment crisis which has developed world- wide importance. The first resolution deals with the subject of a "Saturday half-holiday" and invites the competent author- ity of each country "to encourage collective agreements be- tween the employers' and workers' organizations, in order to fix, wherever the working conditions of industry, trade or profession concerned permit, a rearrangement of the hours of labor which will allow of an extension of the weekly rest to at least thirty-six hours." The resolution relating to the unemployment crisis instructs the International Labor Office to institute a "special enquiry on the national and international aspects of the unemployment crisis and on the means of combatting it" and "to undertake all the necessary negotiations for the convocation of an International Conference which would study the remedies of an international character likely to put an end to the unemploy- ment crisis." Action Taken for the Ratification of the Decisions of the Washington, Genoa and Geneva Conferences Article 405 of the Treaty provides that each of the Members shall within one year from the closing session of the Confer- ence, and in exceptional cases, not later than eighteen months from the closing session, bring the Recommendations and Draft Conventions before the proper authority for the enact- ment of legislation or such other action as is deemed advisable. A report was submitted to the Governing Body during its Eleventh Session, held at Geneva from January 17 to January 19, 1922, on the action taken by the Members of the Inter- national Labor Organization for the ratification of the deci- sions of the Washington, Genoa and Geneva Conferences.^ The report submitted to the Governing Body is outlined below in substantial form supplemented by later information reported by the International Labor Office.' This comprises both legislation actually adopted' and legislation projected in the form of bills introduced or pre- pared for introduction and official decrees or resolutions by ' International Labor Office, Official Bulletin, Geneva. February 22, 1922, pp. H3-128. ' This information also appears in tabular form in the same issue of the Official Bulletin, pp. 128-133. 83 the necessary competent authority to make the ratification effective. The list contains reference only to legislation or action taken subsequent to the Washington Conference. The Office reports further that no cognizance was taken of cases in which legislation existing at the time of the Confer- ence already covered the provisions of the Draft Conventions and Recommendations. Up to the beginning of April, 1922, the International Labor Office had reported that 29 ratifications have been registered by the Secretary-General of the League of Nations. Since the Washington Conference eleven states have ratified the Berne White Phosphorus Convention. Eighty-five Acts or other meas- ures for the ratification of Conventions have been adopted and 119 Bills or other measures to the same end have been adopted, introduced, drafted or prepared. Four states (British Colum- bia, Bulgaria, Greece and Roumania) have ratified, or author- ized by Parliamentary Acts ratification of, all of the six Wash- ington Draft Conventions. Bulgaria and Roumania are the only Members which have authorized approval of all of the Wash- ington Recommendations. No member has ratified or author- ized ratification of all of the Genoa Draft Conventions up to the present time. With regard to the Recommendation adopted at the Washington Conference relating to reciprocity of treatment of foreign workers. Draft Conventions on this subject have been signed between Argentina and Italy, between Belgium and Netherlands, between France and Italy, between France and Poland, between France and Czecho-Slovakia, and between Italy and Luxemburg. A treaty of commerce between Italy and Czecho-Slovakia also contains an article giving effect to this Recommendation. Switzerland has con- cluded an agreement providing for reciprocity of treatment for the unemployed with Germany, Italy, Luxemburg, Liechtenstein and Czecho-Slovakia. "^ Action Taken on Washington Decisions The last session of the Washington Conference was held November 29, 1919, so that the latest date within which action on the decisions of this Conference could be taken was May 29, 1921. Up to the beginning of April, 1922, the following action on the decisions of the General Conference had been reported by the International Labor Office. ' laternational Labor Office, Daily Intelligence, Geneva, October T, 1921, p. 53. 84 Conventions i. ratification Conventions Ratified^ Austria: Adhered to Berne White Phosphorus Convention, March, 1921.2 Bulgaria: Act to ratify the six Draft Conventions, adopted on 31 October 1921.3 Czecho-Slovakia: Act concerning the ratification of certain Draft Conventions adopted by the International Labour Conference at Washington in 1919 (24 February 1921). (Hours; night work women; minimum age.) Adhered to Berne White Phosphorus Convention, March 1921. » Denmark: Instrument of ratification of Unemployment Draft Convention signed on 24 September 1921. Finland: Act for ratification of the Draft Convention concern- ing unemployment (18 June 1921). Adhered to Berne White Phosphorus Convention, 13 October 1921.2 Free City of Danzig: Adherence to Berne White Phosphorus Convention communicated by Poland, 23 August 1921. * Great Britain: Orders in Council of 5 July 1921, authorizing communication of ratification of four Draft Conventions. (Unemployment; night work women; minimum wage; night work young persons.) Greece: Acts for the ratification of the six Draft Conventions (15-28 Juljr 1920). Act adopting the Washington Recommendation concerning the Berne White Phosphorus Convention (24 June 1920). India: Resolutions of Council of State and Legislative Assembly of February 1921 recommending ratification of four Draft Conventions. (Hours; unemployment; night work women; night work young persons.) Adhered to Berne White Phosphorus Convention, 30 De- cember 1919. i* Japan: Adhered to Berne White Phosphorus Convention, 14 Octo- ber 1921.2 Norway: Government proposal to ratify Draft Convention con- cerning unemployment approved by Parliament (13 June 1921). Poland: Adhered to Berne White Phosphorus Convention, 1921.' Roumania: Act for the ratification of the six Draft Conventions and of all the Recommendations (promulgated on 9 May 1921). South Africa: Ratification of the Draft Convention concerning night work of women approved by the Executive Council of the Government (29 September 1921). 1 The measures in several cases consist only of resolutions, recommendations, etc., authorizing the formal communication of ratification. States included under this head are those whose ratifi- cations have been actually registered by the Secretary-General. 2 This Berne Convention formed the subject of one of the Washington Recommendations. The measures indicated have been taken since the Washington Conference. 'International Labor Office, Official Bulletin, Geneva, March 15, 1922, pp. 169-176. 85 Sweden: Ratification of the Draft Convention concerning un- employment approved by Riksdag (6 May 1921). Adhered to Berne White Phosphorus Convention, 27 Febru- ary 1921. i Ratification Authorized by Parliament {Acts, etc.) Finland: Act approving the ratification of two of the Washing- ton Draft Conventions (according to press reports). (Mini- mum age; night work young persons). ^^ Switzerland: Order for the ratification of the Draft Convention concerning unemployment (finally approved by the two Federal Chambers in October 1921). Federal Order authorizing the Federal Council to ratify three Draft Conventions (finally approved by the two Federal Chambers in October 1921). (Night work women; mini- mum age; night work young persons.) Ratification Recommended to Parliament {Bills, etc.) Argentina: Bill for the ratification of the six Draft Conventions (17 September 1920). Austria: Proposal of Minister of Social Administration to ratify four Draft Conventions. (Hours; unemployment; night work women; night work young persons) . Belgium: Bill for the ratification of the six Draft Conventions (introduced in the Chamber of Representatives March, 1921). Brazil: General Bill No. 665 of 1920 for the approval of all the Draft Conventions (adopted at the first reading by the Cham- ber of Deputies). France: Five Bills for the ratification of five Draft Conventions (29 April 1920). (The Bill for the ratification of the Draft Convention con- cerning the employment of women before and after child- birth was adopted by the Chamber of Deputies on 30 Decem- ber 1920. No Bill was introduced with reference to the Draft Convention concerning unemployment.) Germany: Six Draft Conventions submitted to the Provisional Economic Council (Reichswirtschaftsrat) and Reichsrat. (The Government has recommended ratification of all the Draft Conventions except that concerning childbirth. The Provisional Economic Council recommended ratification with- out exception.) Italy: Bill for the ratification of four Draft Conventions (carried in the Chamber of Deputies, 6 August 1921). (Un- employment; childbirth; night work women; night work young persons.) Netherlands: Bill providing for the ratification of the Draft Convention fixing the minimum age for the admission of children to industrial employment (21 July 1921). Bill providing for the ratification of the Draft Convention concerning night work of women (21 July 1921). Bill providing for the ratification of the Draft Convention concerning night work of young persons employed in industry (21 July 1921). 1 This Berne Convention formed the subject of one of the Washington Recommendations. The measures indicated have been taken since the Washington Conference. 2 International Labor Office, Official Bulletin, Geneva, March IS, 1922, p. 176. 86 Cill reserving to the Crown authority to ratify the Draft Bonvention Umiting the hours of work to eight in the day and 48 in the week (21 July 1921) . Bill reserving to the Crown authority to ratify the Draft Convention concerning unemployment (21 July 1921). Bill reserving to the Crown authority to ratify the Draft Convention concerning the employment of women before and after childbirth (21 July 1921). Poland: Bill concerning the ratification of five Draft Conven- tions (first reading 4 October 1921; referred to the Commis- sions on Foreign Affairs and on Protection of Labour.) (All Conventions except night work of women.) Spain: Bill for the ratification of the six Draft Conventions (7 April 1921). II. APPLICATION Acts, etc. Austria: Act of 11 March 1921 amending sickness insurance legislation. (Childbirth.) Adherence to Berne Convention concerning night work of women, 25 July 1921. Belgium: Act establishing the eight-hour day and 48-hour week (14 June 1921). (Hours; night work women; minimum age; night work young persons.) British Columbia (Canada): Act limiting the hours of work in industrial undertakings (April 1921). Act to amend the Employment Agencies Act Repeal Act (April 1921). Act concerning the employment of women before and after childbirth (April 1921). Act concerning the employment of women during the night (April 1921). Act fixing the minimum age for admission of children to in- dustrial employment (April 1921). Act concerning the night work of young persons employed in industry ( April 1921). Bulgaria: Amendment to Section 13 of the Hygiene and Indus- trial Safety Act. (Minimum age) . Denmark: ActofS January 1920. (LFnemployment). Act concerning employment exchanges and unemployment insurance (22 December 1921). (Unemployment.) Act concerning apprenticeship (6 May 1921). (Night work of young persons.) Finland: Regulation of 13 November 1872 amended so as to prohibit not only the manufacture of phosphorus matches, but also their importation and sale. Free Citv of Danzig: Adherence to Berne Convention on night work of women, 23 August 1921, communicated by Poland. Great Britain: Women, Young Persons and Children (Employ- ment) Act, 1920. (Night work women; minimum age; night work young persons.) Greece: Provisions of the Berne White Phosphorus Convention of 1906 incorporated in Labor Code. 87 India: Factory Act 1911 Amendment Act (Effective from 1 July 1922. (Hours; minimum age.) I Italy: Decree of 23 December 1920 prohibiting the use of white phosphorus in the manufacture of matches. Japan: Act concerning pubUc employment exchanges (promul- gated 9 April 1921, came into force 1 July 1921). (Unemploy- ment.) Act prohibiting the use of white phosphorus in the manufac- ture of matches (adopted on 11 April 1921, came into force onl January 1922). Norway: Act of 16 July 1920 amending the Act of 6 August 1915 concerning contributions from the State and municipalities to unemployment funds, and the additional Act of 29 July 1918. (Unemployment.) Poland: Constitution of 17 March 1921. (Minimum age.) Roumania: Act of 22 September 1921, concerning organization of employment exchanges. (Unemployment.) Spain: Royal Order of 15 January 1920 (fixing general regulations for the application of the eight-hour day) . (Hours .) Royal Order of 29 September 1920. (Unemployment.) Sweden: Act concerning hours of work, 22 June 1921 (repeals the Act of 17 October 1919). (Hours.) Bills, etc., Introduced Argentina: Bill establishing the eight-hour day and 48-hour week in industrial and commercial undertakings (voted by the Chamber of Deputies 3 June 1921) . (Hours.) Bolivia: Bill establishing the eight-hour day for miners, railway- men and others (press report) . (Hours .) Brazil: Bill concerning the employment of women. (Child- birth; night work of women.) Bill concerning the employment of children. (Minimum age; night work young persons .) Chile: Bill concerning hours of labor (April 1920). Bill concerning the employment of women and children (April 1920). (Childbirth; minimum age; night work young per- sons.) Bill concerning certain general measures of social legislation. Bill for the establishment of a system of public labor ex- changes. (Unemployment.) Draft Code of Labor and Social Welfare (submitted to the National Congress). (Minimum age; hours; night work for women; night work for young persons; childbirth; unemploy- ment.) Bill concerning measures for the prevention of unemploy- ment. Cz echo-Slovakia: Bill concerning the organization of labor ex- changes and insurance against unemployment (11 January 1921). Denmark: Bill limiting hours of work in industrial undertakings to eight in the day (introduced by four private members in the Folketing on 14 December 1921 and referred to a Parliamen- tary Commission). 'International Labor OfSce, Official Bulletin, Geneva, March IS, 1922, pp. 177-179. 88 Bill concerning the hours of labor in industry (21 January 1921). (These two Bills are identical in text.) Bill concerning the employment of women before and after childbirth (21 January 1921). Bill concerning the night work of women (21 January 1921). Bill concerning the employment of children and young persons (21 January 1921). (Minimum age; night work young persons.) France: Bill concerning social insurance, 22 March 1921 (includes maternity insurance). (Childbirth.) Germany: Bill concerning hours of work of industrial workers (introduced in the Reichsrat). (Hours; childbirth; night work of women; minimum age; night work of young persons.) Italy: Bill concerning hours of labor in industry, commerce and agriculture (5 February 1920). Bill concerning compulsory sickness insurance (introduced in the Chamber, 5 February 1920) . (Childbirth .) Japan: Bill concerning industrial labor (May 1921). (UXEMburg: Bill establishing the eight-hour day and the 48-hour week (27 July 1920). Poland: Private members' Bill concerning the employment of women and young persons (first reading in the Diet, 7 June 1921). (Minimum age.) Portugal: Bill to amend the labor laws (29 January 1921). (Childbirth; night work of women; minimum age; night work of young persons.) Roumania: Bill concerning the protection and assistance of women in childbirth (1921). Bill concerning contracts of engagement (introduced in the Chamber). (Minimum age.) Switzerland: Bill concerning the employment of women and young persons in crafts and trades (approved by the National Council and, with slight modifications, by the Council of States in October 1921). (Night work women; minimum age; night work young persons.) Bills, etc.. Drafted or in Preparation Czecho-Slovakia: Bill prohibiting the night work of young persons. Poland: Bill concerning public labor exchanges. (Unemploy- ment.) Bill concerning night work of women and young persons. Bill concerning the use of white phosphorus. South Africa: Bill to amend the Factory Act. (Hours.) Uruguay: Bill for the establishment of labor exchanges in the Departments. (Unemployment.) Recommendations Acts, etc. Argentina: Convention with Italy concluded on 25 March 1920 (approved by the National Congress, 18 June 1921). (Re- ciprocity.) 89 Austria: Labor Inspection Act Amendment Act (14 July 1921). (Government health services.) Belgium: Royal Decree of 30 December 1920 modified by Decree of 7 March 1921 regulating State contributions to unemploy- ment funds, etc. (Unemployment.) Convention with Netherlands (9 February 1921). (Re- ciprocity.) Chile: Decree of 1919 concerning the regulations relative to labor inspection. (Government health services). Czecho-Slovakia: Convention with France (20 March 1920). Treaty of Commerce with Italy (23 March 1921). (Reci- procity.) Denmark: Act of 5 January 1920 concerning unemployment insurance. (Unemployment.) France: Franco-Italian Treaty signed at Rome on 20 September 1919. (Unemployment; reciprocity.) Franco-Polish Convention of 3 September 1919 concerning emigration and immigration. Additional Convention of 14 October 1920 concerning in- surance and social welfare. (Unemplovment; reciprocity.) Convention with Czecho-Slovakia of 20 March 1920. (Re- ciprocity.) Germany: Decree of 26 January 1920 concerning unemployment benefit. Great Britain: Women and Young Persons (Employment in Lead Processes) Act, 1920. (Lead poisoning.) Italy: Franco-Italian Treaty signed at Rome on 30 September 1919. Act of 29 May 1921 promulgating the Franco-Italian Treaty. (Unemployment; reciprocity.) Treaty of Commerce with Czecho-Slovakia of 23 March 1921. (Reciprocity.) Labor Treaty with Luxemburg, concluded 11 November 1920. (Reciprocity.) Luxemburg: Labor Treaty with Italy, concluded 11 November 1920. (Reciprocity.) Netherlands: Act concerning animals (26 March 1920). (An- thrax) . Royal Decree of 10 August 1920 modified by Decree of 22 October 1920 made under Section 10 of the Labor Act, 1919. (Lead poisoning.) Convention with Belgium of 9 February 1921. (Reciprocity.) Poland: Compulsory Sickness Insurance Act (19 May 1920). (Government health services.) Franco-Polish Convention of 3 September 1919 concerning emigration and immi|;ration. Additional Convention of 14 October 1920 concerning insurance and social welfare. (Unemployment; reciprocity.) Order of 20 September 1920 of the Minister of Public Health and of the Minister of Labor and Social Assistance concern- ing the notification of cases of poisoning by lead, arsenic, etc. (Lead poisoning.) Agreement concluded on 24 June 1921 with the Austrian 90 Government concerning the recruiting of Polish agricultural seasonal workers. (Unemployment.) Constitution of 17 March 1921. (Reciprocity.) Spain: Convention concluded with the Liberian Republic concern- ing the recruiting of manual wbrkers for Fernando Po. (Unemployment.) Bills, etc.. Introduced Brazil: Bill concerning the employment of women. Bill concerning the employment of children. (Lead poison- ing.) Chile: Bill concerning the employment of women and children (April 1920). (Lead poisoning.) Bill concerning industrial health and safety (April 1920.) Bill concerning the establishment of a labor inspectorate. (Government health services.) Draft Code of Labor and Social Welfare (submitted to the National Congress.) Bill concerning the organization of a central labor exchange. (Unemployment .) Czecho-Slovakia: Bill concerning unemployment insurance. (Un- employment.) Denmark: Bill to amend Act of 29 April 1913 concerning employ- ment exchanges (21 January 1921). (Unemployment.) France: Bill concerning public labor exchanges. (Unemploy- ment.) India: Factory Act 1911 Amendment Bill (adopted by the Legislative Assembly and on 23 January 1922 by the Council of State). (Lead poisoning; anthrax.) Poland: Bill concerning commercial employment agencies (voted by the Council of Ministers, 18 February 1920; adopted at the third reading by the Labor Committee of the Diet). (Un- employment.) Bill concerning labor inspection. (Government health services.) Portugal: Bill to amend the labor laws (29 January 1921). (Lead poisoning.) Switzerland: Federal Bill concerning the employment of young persons and women in crafts and trades (approved by the National Council and, with slight modifications, by the Council of States in October 1921). (Lead poisoning.) Bills Drafted or in Preparation Austria: Draft Decree concerning the employment of women and children in dangerous and unhealthy processes. Belgium: Bill for the creation of a system of compulsory unem- ployment insurance. Luxemburg: Bill for the creation of a system of compulsory un- employment insurance. Netherlands: Bill to give effect to the Recommendation con- 91 cerning unemployment (shortly to be submitted to the States General) . Bill to give effect to the Recommendation concerning anthrax (shortly to be submitted to the States General). Poland: Bill concerning State provision of facilities for finding employment (in course of preparation by the Ministry of Labor). (Unemployment.) Approval Authorized India: Resolution of Legislative Assembly concerning creation of Government health services (19 February 1921). _ Roumania: Act for the ratification of the Draft Conventions and adoption of the Recommendations. Switzerland: Federal Bill concerning the employment of young persons and women in crafts and trades (approved by the National Council and, with slight modifications by the Coun- cil of States, October 1921). (Lead poisoning.) Approval Recommended to Parliament Germany: Resolution of the Reichstag adopting all the Recom- mendations. Action Taken on the Genoa Decisions The last session of the Second General Conference at Genoa was held on July 10, 1920, so that- the last date on which action on these decisions could be taken was January 10, 1922. Up to the beginning of April, 1922, the following action on the decisions of the General Conference had been reported by the International Labor Office.' Conventions 1. ratification Conventions Ratified Great Britain: Order in Council of 5 July 1921 for ratification of Draft Convention concerning minimum age. Norway: Instrument of ratification of Draft Convention concern- ing employment for seamen signed on 26 October 1921. Sweden: Instruments of ratification of Draft Conventions con- cerning minimum age and employment for seamen signed on 12 September 1921. Ratification Recommended to Parliament {Bills, etc.) Belgium: Bill approving the diplomatic Convention, signed on 4 June 1921, relating to the Draft Conventions (will shortly be submitted for the royal signature in order to be presented to the legislative Chambers) . Denmark: Three Bills providing for ratification of the Draft Con- ventions (submitted to the Rigsdag IS April 1921). 1 International Labor Office, Official Bulletin, Geneva, February 22, 1922, pp. 125-127. 92 Germany: Bill approving the Draft Conventions. India: Resolutions of the Legislative Assembly and of the Coun- cil of State recommending ratification, with reservations, of the Draft Convention concerning minimum age (26-27 Sep- tember 1921). Netherlands: Bills dealing with the Draft Conventions (ap- proved by the Superior Labor Council; will shortly be in- troduced in the Second Chamber of the States General) . Poland: Bill for the ratification of the Draft Conventions (adopted by the Ministerial Council on 3 January 1922; shortly to be submitted to the Constituent Assembly) . II. application Acts, etc. Australia: Commonwealth Navigation Act, 1919-1920. (Un- employment indemnity.) Great Britain: Women, Young Persons and Children (Employ- ment) Act, 1920. (Minimum age.) Bills, etc.. Introduced Chile: Draft Code of Labor and Social Welfare. (Unemploy- ment indemnity.) Switzerland: The Genoa Draft Conventions and Recommenda- tions have been adopted by the Council of States (15 Decem- ber 1921).! Bills, etc.. Drafted or in Preparation Denmark: Draft Maritime Code. France: Draft Maritime Code. (Minimum age; unemploy- ment indemnity; employment for seamen.) Italy: Bill giving effect to the Draft Conventions (will probably be submitted to Parliament during its next Session). Netherlands: Bill concerning the regulation of employment ex- changes. (Employment for seamen.) Poland: Bill concerning the labor of women and young persons. (Minimum age.) Sweden: Bill concerning the establishment of a national seamen's code (will probably be submitted to the Riksdag during the 1922 Session). (Unemployment indemnity.) Recommendations Acts, etc. Germany: Decree concerning unemployment benefit of 26 Janu- ary 1920. (Unemployment insurance) . Bills, etc.. Introduced Chile: Draft Code of Labor and Social Welfare. (Fishing; inland navigation; unemployment insurance.) Switzerland: The Genoa Draft Conventions and Recommenda- tions have been adopted by the Council of States (15 De- cember, 1921).! 1 International Labor Office, Official Bulletin, Geneva, February 22, 1922, p. 136. 93 Bills, etc., Drafted or in Preparation Argentina: National Seamen's Code in preparation. Canada: National Seamen's Code in preparation. Denmark: National Seamen's Code in preparation.^ Finland: National Seamen's Code in preparation.' France: National Seamen's Code in preparation. Italy: Bill concerning the establishment of a national seamen's code. Netherlands: Draft public administrative regulations. (In- land navigation.) Norway: National Seamen's Code in preparation.' Poland: Bill to amend the Law of 2 June 1902 concerning mari- time service. (National seamen's codes.) Draft regulations concerning the monthly maximum of hours of labor. (Inland navigation.) National Seamen's Code in preparation. South Africa: Hours of Work Act. (Fishing.) Shipping Bill (to be redrafted). (National Seamen's codes.) National Seamen's Code in preparation. Sweden: Bill concerning the establishment of a National Sea- men's Code (will probably be submitted to the Riksdag dur- ing the 1922 Session) .' Approval Recommended Denmark: Two draft Parliamentary decisions (deposited in the Rigsdag 15 April 1921). (Fishing; inland navigation.) Germany: Draft Resolution of the Reichstag approving all Recommendations . Great Britain: Unemployment insurance Recommendation ac- cepted by the Government, 8 November 1921. Action Taken On the Geneva Decisions The last session of the Third General Conference at Geneva was held on November 19, 1921, so that the last date on which action on these decisions can be taken is May 19, 1923. Up to the beginning of April, 1922, the following action on the decisions of the General Conference had been reported by the International Labor Office. Recommendations Bills, etc., Drafted or in Preparation Netherlands: Shop-closing Bill (weekly rest in commercial estabUshments.)^ * Denmark, Norwaj^ and Sweden are revising the Maritime Acts which constitute their chief maritime code, in conjunction with Finland. The Commissions set up by the four States have submitted draft seamen's codes to their respective Governments. ' International Labor Office, Official Bulletin, Geneva, February 22, 1922, p. l28. 94 CHAPTER IV ACCOMPLISHMENTS OF THE INTERNATIONAL LABOR OFFICE The International Labor OiEce is provided for in the Labor Part of the Treaty of Versailles as part of the permanent machinery of the International Labor Organization. Its duties are defined in Article 396 of the Treaty as follows: The functions of the International Labour OiEce shall include the collection and distribution of information on all subjects relat- ing to the international adjustment of conditions of industrial life and labour, and particularly the examination of subjects which it is proposed to bring before the Conference with a view to the conclusion of international conventions, and the conduct of such special investigations as may be ordered by the Conference. It will prepare the agenda for the meetings of the Conference. It will carry out the duties required of it by the provisions of this Part of the present Treaty in connection with international dis- putes. It will edit and publish in French and English, and in such other languages as the Governing Body may think desirable, a periodical paper dealing with problems of industry and employment of international interest. Generally, in addition to the functions set out in this Article, it shall have such other powers and duties as may be assigned to it by the Conference. Under the provisions of Article 393 of the Treaty of Ver- sailles the representatives of the Governing Body of the International Labor Office are to be appointed by the dele- gates to the General Conference. As the first General Con- ference did not take place until October, 1919, the Inter- national Labor Office could not formally come into existence until after the Conference had made its nominations. On November 25, 1919, the representatives on the Governing Body were finally nominated and approved, and on Novem- ber 27 they held a meeting while the Conference was still in session. At this meeting, Arthur Fontaine, Chairman of the Executive Committee of the French State Railways and Director of the Labor Department in the French Min- istry of Labor, was named Chairman for three years. Albert 95 Thomas, a leading French SociaUst who, during the war, had been Minister of Munitions in France, was named pro- visional Director of the International Labor Office. The Office did not actually commence work until the be- ginning of the year 1920. At its first official meeting it made Mr. Thomas's provisional appointment effective under the rules of the Conference, and he is still Director of the Office. He immediately set about to surround himself with the necessary staff, a task that was rendered rather difficult because the Office had no quarters and because the Govern- ing Body, in its eagerness to get under way, decided to carry out certain tasks which made speedy organization desirable, and further fixed the second General Conference for June of the same year. After considerable negotiation with the British Government, the Office was able to secure quarters in a building in London that had been commandeered for war purposes. By the end of the year 1920 a staff of 210 persons, representing 17 different nationalities, had been secured. The choice of a staff divided among nationals of the different Members was made necessary not only by the conditions of the Treaty (Article 395) but also by the fact that negotiations had to be carried on with countries speaking different languages. In order to assure proper qualifications and training of the employees of the Office, a list of eligibles was drawn up from which future appoint- ments, below the higher administrative posts, might be made. These eligible lists constitute a sort of international civil service, and appointments have been made by written examinations, supplemented by oral examinations and specific requirements as to education, economic training and industrial experience. One of the first tasks decided upon by the Governing Body was to make a study of labor conditions in Russia. In order to facilitate this work, a Russian Section was formed within the Office to study the original source material bearing on Russia. By the end of March, 1920, when the Governing Body assembled for its second meeting, the Director was able to inform them that much progress in the investigation had been made, and that no political difficulty would be raised by the European Governments to the proposed mission to Russia. It was accordingly decided that a commission be sent to 96 Russia as soon as possible. Difficulties were, however, en- countered in the negotiations with the Soviet Government which made it impossible for the commission to proceed into Russia, and it was accordingly decided that from the official reports and other reliable material a report should be prepared that would give as authentic information as possible about the conditions of labor, production, labor legislation, and other pertinent matters. This report entitled "Labor Conditions in Soviet Russia," which is perhaps one of the most compre- hensive of contemporary studies of economic conditions in that country, was issued in June, 1920. The agenda of the Washington Conference was specified in the Labor Sections of the Treaty of Versailles (Article 426, Annex). The agenda of the second Conference at Genoa was, under the terms of Article 396, fixed by the International Labor Office. This agenda covered four major questions: (1) Hours of Work at Sea. (2) Unemployment of Seamen. (3) Employment of Boys on Board Ship. (4) An International Maritime Code. For the guidance of the Conference a questionnaire was sent out to various governments in February, 1920, seeking information that might be helpful in framing the Draft Con- ventions and Recommendations for the regulation of maritime labor. Replies to this questionnaire did not begin to come in until May, but when the Conference met at Genoa on June 15, 1920, reports comprising 395 pages were laid before them. These contained most of the information available on the subject for discussion. This Conference, as has been indi- cated in Chapter III, adopted three Draft Conventions and four Recommendations. The Conference was, however, re- garded as a failure by the International Labor Office, since it was unable to agree upon a Draft Convention for the limitation of the hours of work, which was regarded as the most important item of the entire agenda. The question narrowed down, however, as to whether the Conference should adopt the French method of providing for a 48-hour week with unlimited overtime, compensated by additional wages or extra time off in port, or whether it should adopt the British Government's proposal of a 56-hour week at sea and a 48-hour week in port with strict Hmitation of overtime. 97 The seamen favored the French system; the shipowners were opposed to either alternative. The decision thus came to rest with the government delegates. The final vote when taken stood at 48 to 25, preventing the adoption of a Draft Convention by two-thirds of a vote. A Recommendation for a limitation of the hours of work in inland navigation and in the fishing industry was, however, adopted. In addition a joint maritime commission consisting of five ship owners and five seamen was appointed to serve as a consultative body to assist the International Labor Office in its work connected with seamen. The second General Conference adjourned on July 15, 1920. On August 5, 1920, the International Seafarers' Federation held its annual meeting at Brussels, and a resolu- tion was there proposed in favor of a widespread inter- national agitation, with a view to effecting a general seamen's strike because the Genoa Conference had failed to secure the 48-hour week for seamen. An amendment for the appoint- ment of a delegation of seamen to interview the Director of the International Labor Office, with a view to arbitration between the shipowners and seamen, was moved and adopted. It was agreed that if arbitration failed, a strike of 48 hours was to be called in all ports, and that if after this manifestation the demands of the seamen were still not complied with, a strike committee should be created by the International Seafarers' Federation to fix a date for a general strike and to see that this was carried out. The Delegation met with the Director of the International Labor Office in September and the latter agreed to use his efforts to bring about a meeting between the shipowners and seamen. Although recognizing the difficulties in the way of securing an agreement, the Director communicated with the International Shipping Federation, which agreed to meet representatives of the International Seafarers' Federation to discuss the hours of labor on board ship and to see whether any agreement with regard to this could be secured. A few days after this decision had been reached the Joint Maritime Commission met in Geneva, Switzerland, and this gave opportunity for the shipowners' and seamen's representatives to discuss in detail the proposed conciliation conference. The commission agreed that the conference should take 98 place toward the end of June, 1921, and invited the Director of the International Labor Office to preside over its sessions. At the meeting which took place ia Brussels on January 25, 1921, commissions were appointed to study further the ques- tions at issue. While Director Thomas took his place on this conciliation conference as a private individual and not as official representative of the International Labor Office, his service, according to a statement in the January, 1921 number of the International Labour Review, issued by the Labor Office, marked "the first attempt at conciliation between employers and workers on an international scale" and gave "a most remarkable illustration of the possibilities of the International Labor Organization."^ At the annual meeting of the Secretariat of the Interna- tional Seafarers' Federation the efforts of the International Labor Office to aid the maritime workers to secure the adop- tion of the 48-hour week was lauded and it was voted unani- mously:^ That this meeting of the International Seafarers' Federation expresses its deep appreciation of the efforts made by Mr. Albert Tfiomas, Director of the International Labor Office, in regard to the adoption of the principle of the 48-hour week for seafarers, and asks him to continue his efforts with a view to bringing about a settlement of the question. After the Geneva Conference, the headquarters offices of the International Labor Office were moved to Geneva, where they are at present. Two important divisions — the Scien- tific Division and the Diplomatic Division — were set up, the first to be responsible for the collection, compilation, and assimilation of information relating to industrial conditions that are of international interest, and the second to conduct the official correspondence with the different Members and to see that proper action is taken with reference to the Draft Con- ventions and Recommendations, and that the obligations stipulated in the Treaty of Versailles are properly observed.' The Scientific Division of the International Labor Office '"The First Year of the International Labour Organization.'' International Labour Raiitw, January, 1921, p. 27. « International Labor Office, Daily Intelligence, September 6, 1921, p. 589. > Thomas, Albert. "The Task of the International Labour Office." In: Solano, "Labour as an International Problem," pp. 249-270; "The First Year of the International Labour Organiza- tion." International Labour Review, January, 1921, pp. 23-40. 99 has set up five sub-sections in order to carry on its work effectively: (1) The Intelligence Section follows the daily press and periodical literature for information regarding events in the field of in- dustry and labor. -A Sub-Section of Translation makes trans- lations for the entire staff of the Office. (2) The Labor Legislation and Administrative Section trans- lates and publishes texts of labor laws and administrative order* in various countries. (3) The Statistical Section deals with questions of industrial statis- tics. (4) The Publications Section has charge of the preparation for printing and editing of all publications issued by the Inter- national Labor Office. (5) The Library is aiming to build up a large collection of litera- ture relating to labor and industry. The Scientific Division has already issued a large number of publications. In September, 1920, it began the issuance of Daily Intelligence^ which was a daily publication appearing in French and in English, summarizing current events relat- ing to labor and industry. In September, 1920, the Office began to issue the Official Bulletin, a weekly official journal designed to describe the activities of the International Labor Organization and to give pertinent information regarding the attitude in different countries toward the International Labor Organization. In January, 1921, the Office began the publication of the monthly International Labour Review, a scientific popular magazine containing articles of interest to employers, employees, and governments. It contains articles by economists, trade union leaders, employers, and others, as well as articles prepared in the International Labor Office, and is now being issued in both English and French editions. The International Labor Office has also issued four series of periodical reports, the first being studies and reports on various labor questions, such as industrial relations, economic conditions, employment and unemployment, workmen's compensation and social insurance, welfare work, maritime affairs, etc.; the second a bibliographical series containing lists of publications both official and non-official, and con- taining also special bibliographies on particular subjects; the third a legislative series giving reprints and translations > The Daily Intelligence, fiist issued as b. daily publication, was later issued twice a week and now appears weekly under the title Labour and Industrial It^ormation. 100 FUNCTIONS OF THE INTERNATIONAL LABOP ORGANIZATION LEAGUE OF NATIONS j - I IDNAL DEACC COURT OF INTERNATIONAL , JUSTICE 3 sEWE^couoTorRerEnENttwHEK MEMBEB STATES FAII. TO «T M DEC- OMMENDATIONS AND tHwrTCOHVlHIIIW: INTERNATIONAL LABOR ORGANIZATION GENERAL CONFERENCES INTERNATIONAL LABOR OFFICE T KCDMMENMTIONl A ■ CONVENT BNS Fl COMMISSIONS OF INQUtRY O CDNSlOCHATlON BV TnEOEN- © 1921, National Industrial Conference Board of texts of laws, decrees and orders relating to labor, and published in English, French, and German; and the fourth containing reports of the International Labor Conference, giv- ing verbatim accounts of the proceedings and the official texts of the Draft Conventions and Recommendations adopted by each of the Conferences. The Diplomatic Division, in addition to conducting the correspondence with the Members of the International Labor Organization, is charged with the task of preparing the agenda for the Conferences and the reports on subjects which are to be considered. It also performs all the secretarial work in connection with the meetings of the General Conference and the Governing Body, and conducts the official correspondence with the League of Nations. To assist both the Scientific and Diplomatic Divisions, eight Technical Services, devoted respectively to Immigration and Unemployment, Agriculture, Russia, Industrial Health, Cooperation, Maritime Affairs, Social Insurance, and Production, have been created to make special studies where required. In order to keep closely in touch with conditions and move- ments in the more important countries, the International Labor Office has appointed permanent correspondents in Great Britain, France, Italy, Germany and the United States, who serve as intermediaries between the Office and the Governments, employers' associations, and trade unions in these countries, who gather information for the Office and also furnish the home press with information regarding the work of the International Labor Organization. The expenditures of the International Labor Office and the Governing Body which is in charge of it are met by funds provided by the League of Nations. The budget of the International Labor Office for the year 1921 called for an expenditure of slightly more than seven million gold francs, or one-third of the total income of the League of Nations.^ The sum of seven million gold francs is equivalent to about one and one half million dollars. The question of the financing of the League of Nations and also the International Labor Organization has from the first been a matter of serious concern, since in view of existing finan- 1 "By agreement gold francs are converted into English pounds at the rate of 20 gold francs to £1." See International Labour Review, Jan., 1921, pp. 39-40. 101 cial conditions in all countries the requirements of a sum of 21,250,010 gold francs necessary for the League's work in the year 1921 and of 20,748,455 gold francs in 1922 has naturally proved burdensome. At the meeting of the second Assembly of the League, held at Geneva from September 5 to October 5, 1921, it was de- cided that the expenses of maintaining the League and its constituent organizations be borne in the following propor- tions, and that this system of allocation be applied on January 1, 1922, and be kept in effect until revised:^ Units Units States Payable States Payable Albania 2 Japan 65 Argentina 35 Latvia 5 Australia 15 Liberia 2 Austria 2 Lithuania 5 Belgium 15 Luxemburg 2 Bolivia 5 Netherlands IS Brazil 35 New Zealand 10 British Empire 90 Nicaragua 2 Bulgaria 10 Norway 10 Canada 35 Panama 2 Chile 15 Paraguay 2 China 65 Peru 10 Colombia 10 Persia 10 Costa Rica 2 Poland 15 Cuba 10 Portugal 10 Czecho-Slovakia 35 Salvador 2 Denmark 10 Roumania 35 Esthonia 5 Serb-Croat-Slovene Finland 5 State 35 France 90 Siam 10 Greece 10 South Africa 15 Guatemala 2 Spain 35 Haiti 5 Sweden 15 Honduras 2 Switzerland 10 India 65 Uruguay 10 Italy 65 Venezuela S Altogether the International Labor Office has been fortunate not only in the support which it has received from the League of Nations, but also in the assistance that has been given it by governments and the various organizations of employers and employees. This and the large appropriation that has been made available for it, have enabled it to proceed in a manner which has greatly facilitated its work. Already it has issued several hundred publications and has made good progress in securing action by the different members on the Draft Conventions and Recommendations that have been adopted by the General Conference. Nevertheless, conflicts 'League of Nations. Information Section. Monthly Summary of Ihc Ltaguc of Nalians No. 6, Oct., 1921, pp. 121-122. 102 of a rather serious character have arisen within the OfRce and may have some influence on the work of the Oflfice in the future. One of these has involved the important question of the use of the International Labor OfiBce for propaganda purposes. The case in point is this: At the seventh session of the Governing Body of the Inter- national Labor Office in January, 1921, the Director of the Office presented a complaint from the Secretary-General of the Genieral Union of Workers of Spain relating to the conduct of the Spanish Government with respect to the workers. The complaint set forth that the Spanish Government was engaged in various "outrages" against the workers' organiza- tions; that it was making efforts to suppress the trade unions in direct violation of the Labor Principles in the Treaty of Versailles to which Members of the League of Nations had sub- scribed and which bound them to recognize the right of em- ployers and of employees to organize; that the Government by the illegal use of the military forces and by censorship of the press, by favoritism toward the capitalist groups, by breaking up meetings of trade unionists, by arresting labor leaders and active labor sympathizers, and by other cruel and unjustifiable methods was attempting to break up the solidarity of the working classes and their organizations. The document, written in the usual style of such trade union documents, went on to cite numerous cases of alleged false arrest, imprisonment and infringement of personal liberties. The request was made that the International Labor Office call the attention of the Spanish Government to the matter, in order that the latter might fulfill its obligations as specified in the Labor Sections of the Treaty of Versailles and cease the "outrages which the workers' organizations of our country have suffered at the hands of the Spanish Government." After the Director of the International Labor Office had presented this complaint, the representative of the Spanish Government on the Governing Body of the Office replied to it. He pointed out that the statements in the complaint were not true as to the facts; that the Spanish Government had never denied the right of the workers to organize and had never interfered with the conduct of its organizations where they had been constituted in conformity with the law; but that it was opposed to all revolutionary acts; and that the^cases cited 103 were of such character, involving illegal exercise of the right of association and, in almost every instance, propaganda by action or attempts against the agents of public authority, against employers and most often against other workers. He condemned these acts as anarchic and dangerous and, therefore, without justification. He stated further that the entire dispute was solely within the sovereignty of the execu- tive authority of the Spanish Government, and that it was not a matter to be discussed by the International Labor Office which was not competent to judge or even to comment upon the facts; and he, therefore, requested that the meeting proceed without further discussion of the matter. To this request objection was made by Leon Jouhaux, head of the French General Confederation of Labor, and Jan Oudegeest, Secretary of the International Federation of Trade Unions and a leading Dutch labor leader, both of whom are representatives of the workers on the Governing Body. Mr. Jouhaux urged that the complaint was of a serious character, brought against a Member of the International Labor Organi- zation, and that no evidence to warrant questioning the accuracy of the statements in the complaint of the General Union of Spanish Workers had been presented. He urged disregard of the Spanish Government's claim that the question was domestic in character and, therefore, not within the right of the International Labor Office to examine, since, if the view of the Spanish Government were accepted, it would be possible for any government, faced by complaint, to declare the question a domestic one in which the International Labor Office could not interfere. In his opinion, furthermore, the principle in the Treaty of Versailles, affirming the right of association, had been violated and an enquiry by the Inter- national Labor Office should be made. He stated that unless such investigation were made, the good-will of the Spanish Workers toward the International Labor Organization would be prejudiced, and distrust for the principles upon which the Organization rested would follow. Mr. Oudegeest took a similar position, urging that the General Union of Spanish Workers had a membership of 700,000 persons, and that it was, therefore, a body not to be ignored. The Spanish representa- tive, however, was firm in his position that the question was not one to be discussed by the Governing Body, that it was 104 not debatable, and that it could not properly be brought before the International Labor Office. As a result of this discussion, the Director of the Inter- national Labor Office pointed out that the question was a difficult one which involved the essential principles of the International Labor Organization. The International Labor Office might intervene and make an enquiry, but could do so only with the approval of the government concerned. How- ever, the Spanish Government had stated that the question was of a domestic character, and that it was opposed to an enquiry; and under the circumstances intervention was diffi- cult, if not impossible. Nevertheless, he desired to present the viewpoint that the workers' organizations had adopted an attitude of sympathy and confidence towards the Inter- national Labor Organization, and this was largely due to the statement of principles enunciated in the preamble and final article of the Treaty of Versailles. Any action that might prejudice this good-will of the trade unions must, in his opinion, be deplored. He appreciated that it was difficult "even for experts in the theory of trade unionism to determine where the exercise of freedom of association ended and where politics began. "^ Furthermore, the International Labor Office was depending on the voluntary action of different states; it could force them to carry out measures to which they had once given their approval, but could not force them to take action on measures which they had not officially approved. This was the case of the Spanish Government which regarded the acts of the unions as revolutionary and committed under the influence of anarchist groups. He appealed to the workers' representatives for support, and stated that:^ The workers might ask what was the use of the International Labor Organization. Similarly, during the first Assembly of the League of Nations, it was asked what was the use of an Assembly which was compelled to yield on many points. It must be remem- bered that the international institutions are still only in process of formation. Hesitation or inability to act must not be regarded as retrogression; the truth was that every measure of intervention constituted a fresh achievement, such as gave life to the Organiza- tion. There were certain measures which the Governing Body could take, and others which in the existing circumstances, could not be taken; for, as had been said with regard to the League of Nations, the fundamental principle and the only force upon ' International Labor Office. Official Bulletin, Feh. 16, 1921, p. 234. 'Idem. 105 which the International Labor Organization depended, was the public conscience, in so far as it was developed, and action was only possible in the measure of that development. The Director recalled the resolution adopted by the Internation- al Federation of Trade Unions which was to the effect that the Trade Union organizations were to take action in their respective countries on the lines of the measures which they required the International Labor Office to take and that it would be unjust to condemn the International Labor Office because it had not jret been able to take certain steps, whilst the force of public opinion and of the workers' organizations in the various countries was still insufficient. The Chairman of the Governing Body held that an enquiry would be almost impossible because of the difficulty of dis- tinguishing between trade union and political action of a workers' organization, and that in face of the objections of the Spanish Government to an enquiry, no further action should be taken, but he suggested that the discussion of this question should be published. Upon motion It was voted that the discussion be published In the form of an extract from the Minutes and that the discussion of the matter should be closed. In the Official Bulletin of the International Labor Office for February 16, 1921, a full statement of the discussion on the complaint of the General Union of Spanish Workers was printed. As a consequence of this a protest was made by the representative of the Spanish Government at the following session of the Governing Body in April, 1921. The Spanish representative pointed out that the publication of the Pro- ceedings In this manner raised an important Issue, since It involved the use of the International Labor Office as a propa- ganda agency In behalf of a particular group. A similar view was taken by other Members of the Governing Body, and it was finally decided that the publication of the complaint of the Spanish Workers should not be regarded as a precedent for future similar publication, lest the publications of the International Labor Office should become a ground for polemics and propaganda of various kinds. Closely connected with this question of the use of the International Labor Office for propaganda purposes, Is that of the character of Investigations to be carried on by the Office. In the winter of 1920 the Taylor Society, a small organization of production managers and engineers, engaged 106 m the study of production and labor problems in industry in the United States, passed a resolution at one of its meetings requesting the International Labor Office to make an investiga- tion into the three-shift system in the iron and steel industries. Although Article 389 of the Treaty recognizes only such industrial organizations as are "most representative of em- ployers or working people," the Director of the Office held that under the general functions of the Office "it should take every opportunity of collecting and assimilating information which would inform the various countries of the industrial methods and organizations adopted by other countries, and it, therefore, considers that the enquiry is one which it would not be justified in refusing to undertake." A questionnaire was, in consequence, sent out, but the results of this investiga- tion are not yet available. Nevertheless, this method of procedure, which may make it possible for organizations of any character having a particular axe to grind, under the guise of eagerness to secure further information, to obtain the assistance of the International Labor Office, suggests also the possibility of the use of the Office for purposes outside the limits of the original scope. Some criticism has developed over the method of work of the International Labor Office. This criticism is based on the score that at times the Office, in its investigations, has gone outside the scope ordered by the Governing Body, that its investigations have been tendentious and not always impartial, and that they have not helped toward pacification of employer- employee relationships. These criticisms have been openly made at the meetings of the Governing Body of the Inter- national Labor Office and were especially prominent in the discussion at the Eleventh Session of the Governing Body in Geneva in January, 1922, when the publication of the Enquiry into Production was being considered. The Enquiry into Production had been decided upon at the Fourth Session of the Governing Body in 1920, when the world was faced with a crisis of underproduction. The investigation had been suggested by a member of the employers' group who specified certain factors which should be taken into consideration. As the investigation progressed, this member, as well as others of the employers' group, objected repeatedly that the investigation was being enlarged beyond its original 107 limits. This was defended by the International Labor Office on the score that the economic conditions affecting production had altered since the initiation of the investigation and that the crisis of underproduction had given place to an unemploy- ment crisis. In this view, the Office was supported by the workers' group on the Governing Body which held that the investigation had been continued in the spirit in which it had begun, but that it was necessary to adapt it to altered economic forces. The employers were, however, dissatisfied. In France, the Confederation Generale de la Production Fran- 9aise, the central employers' association, took a definite stand against the investigation and requested its members not to reply to the questionnaires sent to them.^ In other countries there was also active opposition. Dissatisfaction with the report was even more pronounced among the employers when advance parts of the Enquiry became available. The International Federation of Trade Unions and the workers'^ group on the Governing Body, how- ever, stated that they were well pleased with the study.* Effort by the Director of the International Labor Office to secure the consent of the Governing Body to publication of the Enquiry into Production was opposed by the employer representatives. A compromise was finally reached that the study be published, but that the Director be requested to indicate the conditions under which the investigation had been ^ The letter sent by the Coiif€d6ration G6n€rale de la Production Francaise to its members read as follows: "It has come to oxur notice that the International Labour Office has sent to a large number of employers' organizations a questionnaire relative to an Enquiry on Production which that Office is instituting just now. "We feel constrained to point out to the unions affiliated to our Confederation that in carry- ing out this Enquiry, which is of an economic character, the International Labour Office is en- tirely exceeding the powers conferred upon it by the Treaty of Versailles. The Labour Office was created for the sole purpose of investigating questions relative to the regulation of Labour and was not intended to deal with problems concerning the general economic situation. When the_ draft questionnaire was brought to their notice, the employers' representatives on the Gov- erning Body of the International Labour Office protested strongly against this unauthorized exten- sion of its activities; it is in opposition to their wishes that this questionnaire has been drawn up. "Furthermore one has only to read some of the_ questions to realize that the organizations are invited to supply particulars on the present situation of their industry, about the cost of produc- tion, etc.; particulars in other words, which may prejudice the interests of our members, for the data thus suppHed may come into the hands of our industrial competitors in other countries. Under these circumstances we earnestly recommend our affiliated organizations not to reply to the questions submitted to them. "We would also like to make it clear to the International Labour Office that the French em- ployers disapprove of its encroaching upon domains about which there are no provisions in the Treaty of Peace. We call upon our affiliated organizations to remind the Director of the Inter- national Labour Office that the questions which he has submitted to them are of a purely economic character and do not in any way come within the scope of the social problems with which that Office was entrusted by the Treaty of Versailles, and that consequently they do not consider themselves called upon to give the information asked for. _ "The attitude of the French Employers' Association is, therefore, fully_ justified under the circumstances and it seems to us that the organizations would be well advised to proceed with caution in their relations with the international organization which has its headquarters in Geneva and to consult the groups to which they belong before sending in any reply whatsoever." 2 The Inlernational Trade Union Movement, Dec. 19, 1921, pp. 183-191. 108 planned and in a general way the observations that had been made on the Enquiry by the representatives on the Governing Body.i A growing feeling among the employer representatives of the need of a closer definition of the functions of the Inter- national Labor Office led to an introduction by them at the Seventh Session of the Governing Body in April, 1921, of a proposal aiming to define exactly what was meant by "en- quiries," and to limit enquiries exclusively to investigations carried out under Articles 396 and 41 1-420 of the Treaty of Versailles.^ This proposal would have tended to give the researches of the International Labor Office a purely docu- mentary character and would have limited them to questions previously fixed by the Governing Body and confined ex- clusively to the sphere of international labor legislation. The proposal was objected to by the employee representatives who urged that it would arbitrarily limit the activities of the International Labor Office. They argued that the guide for the work of the International Labor Office must rather be in the broad provisions of the Preamble to the Labor Sections of the Treaty of Versailles, and that the intention of the International Labor Organization was the development of an agency "not stamped with a dry bureaucratic spirit, neither a work of functionaries, but a work which finds in the urgency of progress a necessary activity." They stated that the International Labor Office must rest on a broad foundation, that its contribution lay largely in its social value, that those who drafted the Labor Sections of the Treaty of Versailles had agreed on a minimum number of principles so that the maximum good might be obtained from them, and that the effect of the employers' resolution would be to secure the narrowest interpretation of these. In presenting the workers' viewpoint, Mr. Jouhaux, one of the labor representatives, urged that: We must take into account the moral considerations which, in the mind of the masses, are of more value than the material con- siderations. We must respect the social value, that we, the workers' group, have attached to Part XIU. You will not oblige us to say that the experiment has failed and that on the social ground the recourse to strength is the only arm of those who aim at ■International Labor Office, Official Bulletin, Feb. 15, 1922, pp. 4-5. 'Ibid., May 4, 1921, pp. 512-514. 109 improvements. It has been said that we are at a standstill. So let it be. Let us strengthen the Office, but it is not strengthened by the restriction of the limits of its action nor by the alienation of the small rights that have been given to us. We must not deprive Part XIII of its human character. The employers' proposal was defeated. The employee representatives thereupon introduced a proposal for a broad interpretation of the functions of the Office, but this too v^as defeated. Following a statement by the Director of the Office relating to the conduct of the enquiries hitherto en- trusted to it by the Governing Body, a resolution was adopted as follows:^ The Governing Body considers that it is neither desirable nor necessary to define precisely the nature of the enquiries which may be instituted by the International Labour Office in virtue of the attributes conferred upon it by the Peace Treaty and within the sphere as defined by the Preamble to Part XIII. The Governing Body decides that henceforth questionnaires relating to special and important enquiries must be submitted to the Governing Body, as well as the general plan of the enquiry and an estimate of the cost. Subsequently, the employer group on the Governing Body decided to avail itself of Article 423 of the Treaty of Versailles, which provides that questions or disputes relating to the in- terpretation of the Labor Part of the Treaty shall be referred to the Permanent Court of International Justice, and requested an interpretation of the term "enquiries" and of the scope of Article 396, defining the functions of the International Labor Office.2 This division of opinion has tended to cause somewhat of a rift in the Governing Body and to draw the employer and employee representatives into two separate camps. At a meeting of the Assembly of the League of Nations at Geneva on December 17, 1920, a resolution was adopted re- questing the Council of the League to appoint, as soon as possible, a small Commission of Experts to enquire into the organization, method of work, efficiency, number, salaries and allowances of the staff, general expenditure and all other fac- tors which would enable the Assembly to form an opinion of the work of the Secretariat of the League and of the Interna- ' International Labor Office, Daily Intelligence, Apr. 15, 1921, pp. 138-139. * The letter and attitude of the employers' group is explained in: Pinot, Robert. "L'Organi- sation Fermanente du Travail." La Rtvue de Paris, Annfie 28, Tome 3, May 1, 1921, pp. 165-199. 110 tional Labor Office based on a full knowledge of the facts. The resolution also requested that a report be made not later than June 1, 1921. At the meeting of the Council in Paris on Feb- ruary 21, 1921, this resolution was approved and a Com- mission created as requested.^ The Commission of Experts appointed was essentially a commission of diplomats, since no person of intimate indus- trial experience was a member of it. It consisted of Enrico Avet, Counselor of State of the Kingdom of Italy, J.N. Figue- ras, Chairman of the Bank of Bilbao, Spain, Robert A. John- son, of the British Treasury, G. Noblemaire, Member of the French Chamber of Deputies, and Carlos Villanueva, Nicara- guan Minister at Paris. It commenced its investigations of the departments and activities of both the League of Nations and the International Labor Office on April 18, and on May 7, 1921, less than three weeks later, had its report ready for sub- mission. This report is divided into two sections. Part I dealing with the findings on the Secretariat of the League of Nations, and Part II with the International Labor Office. Referring here only to the findings in Part II, the Com- mission stated at the outset that it was deeply impressed by the unique position of the International Labor Office with reference to the solution of International labor problems. The report of the Commission was printed as a Communica- tion to the Council and the Members of the League, Docu- ment A. 3, 1921. It is entitled "League of Nations. Or- ganization of Secretariat and of the International Labour Office. Report of the Commission of Experts Appointed In Accordance with the Resolution Adopted by the League of Nations at its Meeting of December 17th, 1920." Its position invests it, as distinct from all the other centres of activity which constitute the League of Nations, with functions of a somewhat exceptional character, functions which must be dis- tinguished by bringing a definite and essentially autonomous entity into harmony with that spirit of unity which is not only indis- pensable, but which must be as perfect as possible where the relations of international institutions are concerned.* The Commission sketched briefly the constitution of the International Labor Organization and pointed out that its inquiry was concerned solely with the International Labor ' League of Nations. Official Journal, March-April, 1921, pp. 113-114. ' Report of the Commission, H 104. Ill Office. It then addressed itself to various criticisms that had been leveled at the Office, and this part of its report is largelya defense of the Office against these criticisms. The Commis- sion states that it is aware "that certain criticisms have been made in various quarters and particularly, as it so happens, in the countryi which is most strongly represented on the Gov- erning Body of the International Labor Office, against the general policy which inspires the activities of that Office." The general charge that the Office is "a laboratory for the manu- facture of a particular brand of 'social' or 'Socialist' doctrines" is denied as without foundation, and the Commission devotes itself to a defense of the International Labor Office on certain specific charges. Its report holds that the accusation frequently made, that the Office has entered into direct relations with trade unions and other workers' organizations "instead of keeping its activi- ties within the limits which would be imposed upon them were they to confine their relations to Government depart- ments only," is not well founded, since "the criticism might equally be made in other quarters that the Office has entered into direct relations with the employers and other organiza- tions." It holds that this question is primarily one for the dis- cussion of the Governing Body of the International Labor Office whose object it is to accumulate complete, correct and impartial information on the industrial problems of the day, and with whom it must necessarily be left to estimate the rela- tive importance of the various organizations with which it would be desirable to establish relations with a view to further- ing the researches of the Office.^ The Commission further states that "the International Labor Office has also sometimes been accused of departing from that calm and judicial atmosphere which is essential to an organization which exists mainly for purposes of documenta- tion, and indeed of having on some occasions taken sides." It holds that "we are of the opinion that when it is a question of stating its views, for example, on such questions as the regu- lation and protection of women and children in industry, the use in factories of white lead or other deadly poisons, etc., the International Labor Office is not only entitled, but is in duty 1 Great Britain. 2 Report of the Commission, H 113-114. 112 bound, to take sides. Nevertheless, we feel bound to insist upon the absolute necessity of strict impartiality over all matters where difficulties and disputes may arise.''^ In answer to criticisms regarding the admission of certain states, particularly Germany, into the permanent Organiza- tion of the International Labor Office, the Commission points out that the admission of Germany was expressly desired by the Supreme Allied Council and that, therefore, the Office should not be blamed. Moreover, it holds that the League of Nations will in no way be complete, nor the League fully equipped for its task, until every nation in the world has become associated with its endeavors, and that the work of documentation which is such an essential part of the activities of the International Labor Office, would be seriously impaired if the Central European countries were not represented. Summing up its defense of the Office from the criticisms that have been leveled against it, the Commission of Experts states:^ We think that, generally speaking, the work which has been set on foot by the International Labour Office and its handling of social and industrial questions, often of a most delicate and controversial nature, are clearly within the limits laid down by the Treaties and cannot but contribute to strengthen and increase its authority. Nevertheless, we feel bound to place it on record that this very authority, welcome and desirable as it is, might be compromised, especially when its enquiries lead it inevitably over the border line into adjoining, and often closely connected, fields of activity, such as, for instance, that of economics, unless the International Labour Office were to act with the greatest possible prudence and laid no claim to do more than supply the necessary element of co-ordination together with such data and statistics as it alone is in a position to provide. It is fair, however, to state in this connection that the Commission are fully satisfied that the International Labour Office has hitherto made every endeavour to confine its enquiries and activities within the proper limits, and above all to keep in close touch with the Secretariat and the vari- ous Technical Organizations that have been set up in the League of Nations. The Commission then takes up the question of the staff and financial control of the Office. It recommends that the highest posts, namely those of Director and Deputy-Director, should be filled by appointment from outside the Office, but that the subordinate personnel, including routine clerks, typists and household staff, should be recruited locally. The intermediate ' Report of the Commission, U 115. >/6W., H 117. 113 grades should be recruited internationally and should be given long term engagements, "twenty-eight years in the case of shorthand-typists, clerks and staff posts, and in the case of Members of Section and Officers of equivalent rank twenty- one years, or up to fifty or fifty-five years of age in very excep- tional cases."^ The Commission gives the following reason for recommending long term engagements:^ The character of the work undertaken by the International Labour Office demands in a high degree intensive study, close re- search, and the accumulated experience which can only be so acquired. The officials employed will therefore require long training and a close application to the highly specialized subjects which they are called upon to study, before they reach the zenith of their usefulness to the Office. It might often be disastrous to insist upon the premature replacement of individuals, merely in order to give an opportunity to a subject of another nation. Specified scales of salaries and annual increases are recom- mended.* These salaries are suggested with due regard to the cost of living in Geneva in the spring of 1921, and it is urged that they should be reviewed whenever the cost of living should fall or rise to any considerable degree. These salaries range from 44,000 Swiss francs, with an annual increase of 2,500 francs, to a maximum annual salary of 56,000 francs for the Director, on the one hand, to 5,400 Swiss francs for copying typists locally recruited, with annual increases of 175 francs until the salary is 8,000 francs, on the other. The present salary of the Director is 72,000 gold francs and his entertain- ment allowance 68,000 francs, making a total of 140,000 gold francs. The present salary of the Deputy-Director is 52,000 gold francs and his entertainment allowance 20,000 gold francs.* The Commission of Experts in its examination of the work of the Secretariat of the League of Nations raised the question of entertainment allowance, stating that "There is no doubt that hospitality is an excellent engine of diplomacy, and a real aid to good relations. Entertainment allowances, therefore, are sometimes inevitable. It seems, however, that there are certain objections to the system at present in force in the Secretariat." They pointed out that while certain high 1 Report of the Commission, II 120. 'Ibid., 11121. *Ibid., 1121, 124, 146. < Foi full salary roll of the International Labor Office, see League of Nations, Official Journal, June, 1921, p. 398-404. 114 ofl&clals receive entertainment allowances, "part of which is certainly justifiable, the high total of which does not in all cases appear to be warranted by correspondingly onerous or well defined obligations, certain of their colleagues, directors or members of sections, receive no entertainment allowances except in the indirect and unjustifiable form of subsistence allowances, too large, as we have already said, for strictly personal needs, too small, if entertaining on any considerable scale is actually necessary." In the report on the International Labor Office nothing was said that referred to entertainment allowances, the Com- mission of Enquiry having decided to leave this question for further consideration at another time. In its "Memorandum upon the Report of the Commission of Experts"|^ drawn up by the Governing Body of the International Labor Office at its eighth Session in Stockholm from July 5, to July 7, 1921, it was recommended that the present grants of entertainment allowances be continued. The Commission adds that it wishes it to be distinctly understood "that they consider that the salaries which are now being paid in many cases in excess of those suggested . . . are justified, having regard to the necessity for recruiting specially well-qualified personnel in the organiza- tion period."^ It recommends, however, that as soon as conditions become normal the salary scale suggested by it be put into effect. Subsistence allowances, to be paid in addition to salary during absence on special work outside of the city of Geneva, range from 25 to 60 Swiss francs per day, according to grade of service. It is finally suggested that an old age pension plan be established, and that members of the staff be required to contribute a certain fixed percentage, "say, 10 per cent," of their salaries into the pension fund. With reference to the financial control of the Office, the Commission recommends that it is essential that the Assembly of the League, which has the power to vote funds, should have some measure of control of the expenditures proposed by the Governing Body of the Office; that a budget should be pre- pared annually by the Director and submitted to the Finance Committee of the Governing Body and by it transmitted to > International Labor Office, Official Bulletin, Sept. 7, 1921, pp. 173-181. •Report of the Commission, H 146. US the Secretary of the League for inclusion in the general budget of the League; and that the accounts of the Office should be audited by an expert official who shall see that all expendi- tures are supported by proper vouchers and have been properly authorized. The Commission commends the method of organization of the staff of the Office which has made it possible for the Direc- tor to keep himself informed of numerous important phases of development in the work of the Office, but adds:^ We would like to record our opinion that it may be desirable at some future date, when the work of the International Labour OiEce has attained greater stability than at present and when the need for centralization is less urgent, to give increased responsi- bility to heads of Divisions with advantage to the general working of the Office. Closer co-ordination between the Divisions and Technical Sections of the Office is advised. "Concentration is not neces- sarily centralization, and we suggest that, as opportunity occurs, every effort should be made to attach the work of the Technical Sections more definitely to that of the Divisions." It is recommended that there be set up, co-ordinating with the existing Diplomatic Division and Scientific Division, a Divi- sion devoted to Publication and Intelligence. As has been indicated in Chapter III (pages 42-43), difficulty developed at the Washington International Labor Conference with the representatives of non-European countries, who felt that they were not sufficiently represented in the affairs of the International Labor Office. To meet this situation, the Office, early in 1921, established a special Latin-American service to keep in closer contact with these countries, and this step was approved by the Commission of Experts in its report. On September 2, 1921, the Director of the Office wrote to each of the Latin- American countries, calling their attention to the need of maintaining a close liaison, stating that its funds were not sufficient "to enable the Office to organize a liaison service which would ensure rapid and effective com- munication with all the States who are Members of the Inter- national Labor Organization," and suggesting that "each Latin- American Government, or all combined, should arrange to establish a special channel of communication and contact 1 Report of the Commission, U 133. 116 by creating a secretariat in their own countries or a common representation at the International Labor Office. "i It is especially urged by the Commission that the Office limit its investigations to such subjects as are likely to lead to legislation within the next few years; that it should avoid "those on subjects that might be termed 'fishing enquiries' of a general nature, however tempting such researches may be to the general study of industrial and labor problems, and whatever interest they may have possessed in the past from an ideal point of view. We note with satisfaction that the policy of the Governing Body and of the Director of the Interna- tional Labor Office has, in general, been directed to this end." The Commission expresses its dissatisfaction with the Enquiry into Production and the studies of the industrial situation in Russia, stating that:^ The enquiry on production, although of interest from a theoreti- cal point of view, does not appear likely to lead to any practical issue at the moment, and has involved an immense labour and the issue of a long questionnaire in a very large number of languages entailing heavy expenditure. In the same way the Section deal- ing with the industrial situation in Russia should not be continued, once its members have succeeded, in spite of the great difficulties which have attended the execution of their task, in collecting sufficient data on this subject. It is further recommended that the L>aily Intelligence, which exclusive of postage has been "costing no less than 120,000 gold francs a year," an amount which is stated to be scarcely justified by the use of the bulletin, should be published weekly or at least bi-weekly instead of daily, and further that the library of the Office should be planned on a more moderate scale than at present.' 1 Internaaonal Labor Office, Official Bulletin, September 14, 1921, pp. 193-196. 2 Report of the Commission, II 136. 'At the 8th Session of the Governing Body of the International Labor Office the report of the Commission of Experts was considered at length and a Memorandum thereon drawn up for the information of the Assembly. The points in this Memorandum are not of special mterest and relate almost exclusively to the internal management of the International Labor Office. The Memorandum itself is published in the Official Bulletin for September 7, 1921, pp. 173-181. 117 CHAPTER V THE STRENGTH AND WEAKNESS OF THE INTERNATIONAL LABOR ORGANIZATION At present fifty-four nations are comprised in the member- ship of the International Labor Organization. These are:' Albania Denmark Norway Argentina Ecuador Panama Austria Esthonia Paraguay Belgium Finland Peru Bolivia France Persia Brazil Germany Poland British Empire Greece Portugal South Africa Guatemala Roumania Australia Haiti Salvador Canada Hedjaz Kingdom of Serbs India Honduras Croats and New Zealand Italy Slovenes Bulgaria Japan Siam Chile Latvia Spain China Liberia Sweden Colombia Lithuania Switzerland Costa Rica Luxemburg Uruguay Cuba Netherlands Venezuela Czecho-Slovakia Nicaragua Inasmuch as under the terms of the Labor Sections of the Treaty of Versailles each Member Nation of the International Labor Organization undertakes, subject to local conditions, to apply to each of its colonies, protectorates and possessions which are not fully self-governing, all Draft Conventions of the International Labor Organization, about three-quarters of the world's territory is under the influence of the labor machinery of the Treaty of Versailles. Among the nations still outside the International Labor Organization are the 1 League of Nations. International Labour Conference, Third Session, Geneva, 1921. ''Report of the Director." Second Edition, p. 8. 118 United States, Mexico, Hungary, Turkey, and Russia, and a number of small nations, such as Georgia, Liechtenstein, Ar- menia, Ukrainia and Azerbaijan. Moreover, irrespective of whether the League of Nations continues as a force in international political relations, it seems fairly certain that the International Labor Organiza- tion will continue to be an active body. The historical back- ground of the International Labor Organization, with more than one hundred years of agitation behind it, the close-knit organization of the national federations of trade unions which have given the weight of their support to it, and the belief of a large number of governments in the need and value of international labor agreements, support this view. As George N. Barnes of Great Britain has indicated, the International Labor Organization "will play a great part in the future readjustment of economic and social relations be- cause it will at once promote, and appeal to, a growing social consciousness." Whether this consciousness is well-founded or not is another question; the fact is that, following the Armis- tice, there was a feeling in most countries that labor had made a marked contribution to the war and that it should be rewarded for its service in some way. Added to this there was a powerful feeling of sentimentalism such as follows in the wake of every world catastrophe, and which in this case was directed in favor of labor. The Influence of New Political Factors It should also not be lost sight of that the World War exerted a vital political as well as economic influence on most of the nations of the world, and that the actions taken by them at the war's termination were not altogether disinter- ested. On the one hand, the war split Europe into a large number of independent repubhcs, poHtically as well as eco- nomically jealous of one another and nearly all fearful lest any neighbor should secure advantage over them. Their safety thus came to lie in measures that operated in the same degree with respect to all. For this reason many of them were no doubt led to support the Covenant of the League of Nations, which gave them recognition, and the machinery set up by the Covenant, which assured them not only pro- tection, but some measure of economic equality. The condi- 119 tion which the war created, made a League of Nations and an International Labor Organization not only possible, but from the viewpoint of some nations, highly desirable. Besides, the termination of the war found a new political hegemony in Europe. A dozen new republics had been created, and within these, diverse elements existed which threatened to rend them apart. The "fourteen points" of President Wilson, with their promises of popular sovereignty and autonomy, had become the basis for numerous internal political demands which imperilled the stability of these new nations. Furthermore, the tendency of nearly all democratic governments is to pursue a policy of opportunism and to yield to political pressure rather than retire from office. The situa- tion at the end of the war thus came to be particularly favor- able to such groups that presented a united front, and it was turned to good account by the trade unions whose leaders were unceasingly active. Effect of the Augmented Power of Organized Labor On the other hand, it should be noted that the period of the armistice found organized labor in all nations at the crest of its wave of influence. The war had created in all industrial countries a condition in which the position of labor was vastly strengthened and in which the political parties in control, in order to insure their unhampered success in the prosecution of the war, were forced to yield more and more to the demands of the trade unions. Trade union leaders were alert to take advantage of every opportunity to strengthen the position of the organizations which they represented, and because of their close unity the trade unions were able to win for themselves a position of influence, in many cases clearly out of proportion to their numerical strength. This was frankly recognized even by trade union leaders. Jan Oudegeest, Secretary of the International Federation of Trade Unions and one of those influential in the establishment of the International Labor Organization and, as a member of the Governing Body of the International Labor Office, active in its aflFairs since its inception, writes:^ ' International Federation of Trade Unions, The Inlernatioital Tradt Union Movement, July, 1921, pp. 97-98. 120 The fact is too often overlooked that this Labour Office owes its origin to circumstances created by the war as well as to the power which the trade unions developed during the war. It must be remembered that especially in the belligerent countries the govern- ments, which needed the cooperation of the workers for the prose- cution of the war, made all sorts of concessions to the Trade Unions the result being that the latter were in a position to push through reforms which under more normal circumstances would have taken years to accomplish. Furthermore, it must not be forgotten that the employers made enormous profits during that period and in order to be in a position to maintain these profits they conceded very many of the demands made by labor. It can be understood, therefore, that under these circumstances and at the instigation of the workers' organizations the Labor Office was created. Effect of the Fear of Radicalism The termination of the war, with its threat of Bolshevist inundation, served only to strengthen the position of the organizations of labor, which saw their opportunity in em- phasizing the danger from Bolshevist and other radical in- fluences, and set themselves up as the only agencies who could stem the tide of radicalism. This condition was cer- tainly typical of the United States, and a perusal of the public utterances and writings of diplomats and others whose coun- sels were influential in establishing the League of Nations and the International Labor Organization, gives ample evi- dence that the same condition was true in other countries. Thus David Hunter Miller, legal advisor of the American Commission to Negotiate Peace, in his recent book, "Inter- national Relations of Labor," states:' And here I would like to put to those critics who consider the Labor Clauses as a dangerous innovation in international aflFairs, this question: What was the alternative at Paris? There was a demand in Europe for international recognition, for recognition, by the Peace Conference, of the right of international protection for labor. That demand was not the demand of a few agitators, but was the demand of millions of voters, many, and perhaps most, of whom had actually fought in the war. I do not say that the \ refusal of that demand would certainly have upset some of the ' governments of Europe — although I believe that it would, but even if it had not, it would inevitably have turned that public sentiment into revolutionary channels and would have made it a force in opposition to the public order of the world, instead of making it, as the Treaty has done, a force— and a very powerful force — in support of civilization. In the same spirit, Emile Vandervelde, a leading Belgian Socialist and labor leader, who during the war was Minister ipp. 70-71. 121 of State and later Minister of Justice in his country, and who served as one of the members of the commission that drafted the Labor Part of the Treaty of Versailles, in addressing the fourth Plenary Session, of the Peace Conference in support of the adoption of the Labor Charter and the International Labor Organization stated: I consider that the work of the Commission has been measurabljr just, a transaction, and, I dare say, a work of transition, of transi- tion between the absolutism of the employing class, which has been the regime of yesterday, to the sovereignty of labor, which, I ardently believe, will be the regime of tomorrow. To pass from one to the other there are two roads: one is strewn with violence and insurrection, the other takes one there as swiftly, but without clashes and blows. If I dared put my thought into tangible language, I would say that to accomplish the revolution which we feel operating through the whole world, there is the Russian method and the English method. It is the English method which has triumphed with the Labor Commission. The same thought was echoed by others at this session of the Peace Conference. Influence of Liberal Sentiment A lofty idealism, which swept the whole world and ran the gamut from extreme sentimentalism to a desire to scrap the whole social order, and strong pressure from interested groups were thus powerfully inspiring influences that made for the adoption of the Labor Party of the Treaty of Versailles. Coupled with these were influences of a no less compelling character. On the one hand, there was a frank and serious desire by many liberal-minded persons, which found support in the \ ranks of Goverment officials, industrialists, economists, and I others, that some frank and honest efforts should be made, j not only to apply such remedies as would not result in violent 'change, but also to lay the foundations for progressive im- provement of labor standards to the end that the working classes might come to share more and more in the gains that come with advancing civilization. This position was taken by Jules Carher, President of the Comite Central Industriel de Belgique, a leading Belgian employer and until recently President of the International Organization of Industrial Employers, in addressing the International Labor Conference 122 at Washington regarding the attitude of the employers as follows:' I must, therefore, reject most energetically and with all my heart the accusation that has been brought against us that we are obstructionists and that we are too dilatory. We came here in good faith, desirous of arriving at that peaceful solu- tion which was longed for by the founders of the League of Nations, and we cannot permit any one to cast suspicion on our sincerity. We are square and honest, and the workers who have treated with us often know this well. . . Everyone of us, in his factory, in his business, has an overwhelming responsibility which he does not lose sight of for a single instant and which imposes on him the duty of maintaining. . . production, not only for himself but for the workmen he employs. . . We have the same aims and purposes. We can only achieve the wish of everybody by going hand in hand. And we want to do this — we want to do it with all our hearts. We ask you to give us your hands, to put your hands in ours, which we extend to you loyally and sincerely, I repeat, like honest men, if there ever were such. The Need for a Stabilizing Force in Labor Regulation and Control On the other hand, there was the necessity of supporting the stability of many European governments in which the socialistic parties occupied dominant positions. The war had served to increase vastly the power of these groups. More- over, it should be noted that on the continent the socialist and trade union movements have grown up side by side and have been looked upon as two phases of the same movement to effect a better social order. Their development has not been marked by the attitude of hostility characteristic of the movement in the United States. The reason for this is that in many European countries Socialism antedated trade union- ism, and the Socialists have generally favored and encouraged the trade unions. Furthermore, many of the larger trade unions are socialistic in their sympathies. The fact that the war swept socialist governments into office in many of the belligerent nations, and the fact also that these governments recognized that trade union support was vital to their con- tinuance in power, led them, in turn, to support measures that had as their aim strengthening of the trade unions as well as improvement of the conditions of labor. In some cases, however, the demands of the trade unions seemed even too 'League of Nations, International Labor Conference, First Annual Meeting, (Oct. 29, 1919— Nov. 29, 1919), p. 44. 123 much for the Socialist governments. The International Labor Organization thus offered the opportunity of a safety valve. It assured progressive improvement in labor conditions and standards, but in a way that did not interfere with political stability, and from the national viewpoint this was highly advantageous since it put all, Members of the International Labor Organization under the same regulatory conditions. Obstacles' TO International Labor Legislation What is the outlook, however, for the international Labor Organization, and what is likely to be its influence on the United States? It must be apparent that this question must be considered both from the viewpoint of the possibilities of and limitations on international labor regulation and also the economic-industrial position of the United States. The Importance of Production Obviously various difficulties in the way of international labor legislation exist. The termination of the World War found a great void of economic products in almost all countries. In spite of the present world economic depression and un- employment, this void still exists. There will continue to be for many years the need for increased and more intensive -y production if a more normal and satisfactory economic situa- tion is to be secured. Some of the Draft Conventions and Recommendations adopted by the General Conference cannot help, however, but restrict production. This is particularly true of the Draft Convention relating to the eight-hour day and 48-hour week. Investigations made by the National Industrial Conference Board, and by other reliable agencies, , both in the United States and in other industrial nations, show that on the whole reductions in hours within certain limits ' are accompanied by losses in output about in proportion and sometimes greater than proportional to reduction in hours. They show also that the ability to make up in part or entirely for losses in output is determined by the extent of automatic machine work as contrasted with hand work in industry, and the ability to effect improvements in methods and efficiency of management and machinery. They indicate further that while a certain work schedule may have a beneficial influence 124 on production in one industry, that the same schedule may be totally unsuited to another industry from the viewpoint of production, and that in general a single schedule of hours is not equally adaptable to all countries:^ During the discussions of the Washington Convention on the eight-hour day, it was frankly admitted, even by many labor leaders, that reductions in hours would be accompanied by a loss in output. George N. Barnes, British Government delegate, estimated that it would result in an average loss of output in most countries of about 10%, whereas if applied to Japan it would cause a production loss of 60%.^ The adoption of high labor standards will, in some cases, operate to increase production costs, and these higher costs will have to be dis- tributed over all of society if industry is to operate on an eco- nomic basis. In the end, society will pay, as it always has paid, irrespective of whether these standards accrue to the advantage of all or to that of a special group or groups. The '] adoption of certain standards cannot, therefore, but prove a, retarding influence to an improved and, consequently, stable' economic world condition. International Economic Differences Furthermore, vital economic differences exist among nations, which make it difficult to apply the same standards to all. The Labor Sections of the Treaty of Peace take account of this, and Article 427 states that the High Contracting Parties to the Treaty recognize that:' . . . differences of climate, habits and customs, of economic opportunity and industrial tradition, make strict uniformity in the conditions of labor difficult of immediate attainment. But, hold- ing as they do, that labor should not be regarded merely as an article of commerce, they think that there are methods and prin- ' See the following studies of the National Industrial Conference Board: Research Report No. 4 — "Hours of Work as Related to Output and Health of Workers — Cot- ton Manufacturing." Research Report No. 7 — "Hours of Work as Related to Output and Health of Workers — Boot & Shoe Industry." Research Report No. 12 — "Hours of Work as Related to Output and Health of Workers — ^Wool Manufacturing." Research Report No. 16 — "Hours of Work as Related to Output and Health of Workers — Silk Manufacturing." Research Report No. 18 — "Hours of Work as Related to Output and Health of Workers— Metal Manufacturing." Research Report No. 27 — "The Hours of Work Problem in Five Major Industries." Research Report No. 32 — "Practical Experience with the Work Week of Forty-Eight Hours or Less." ' League of Nations. International Labour Conference, Third Session, Geneva, 1921 . "Report of the Director." Second Edition, p. 8. »Cf. Chapter II, p. 34. 125* ciples for regulating labor conditions which all industrial com- munities should endeavor to apply, so far as their special cir- cumstances will permit. The Treaty furthermore attempts to make provision for equitable treatment among the nations, and provides thati^ In framing any recommendation or draft convention of general application the Conference shall have due regard to those countries in which climatic conditions, the imperfect development of indus- trial organization, or other special circumstances, make the indus- trial conditions substantially different, and shall suggest the modi- fications, if any, which it considers may be required to meet the case of such countries. J How far this will be carried out is a question of more or less speculation. Certain it is that the labor representatives in the General Conference will seek to establish as high stand- ards and to leave as few exceptions as possible. Evidence of this exists in the proceedings of the three General Confer- ences that have already been held. Even in the case of Japan, which is admittedly a country of low labor standards, the Japanese labor representative, Shichiro Muto, urged that the eight-hour day should be applied to his country, irre- spective of what industrial loss would follow, and was sup- ported in this contention by many European labor representa- tives in the Conference; the resolution was lost by the close vote of 45— 43. A decisive factor in the defeat of this motion was the appeal of George N. Barnes, ex-Cabinet Minister and British Government Delegate to the Conference; this appeal is in itself not without interest:^ We have met in the special commission, and we have regarded this matter from the viewpoint of making treaties with Japan and the other countries concerned; and here let me say that in my judgment Mr. Oka and his colleague [the two Japanese Govern- ment delegates] have met us fairly. The employers' delegates have also been induced to go a long way in the direction of all those who have spoken this morning, and what we have done is really to make treaties with the Governments, including Japan. We have made these bargains, and I think if they are endorsed we go away with the perfect understanding that these bargains will be carried out. They have all the force of treaties. But what happens if you turn them down? Can you impose your will upon Japan? Can you impose your will upon India? Not at all. If you turn these treaties down, and you do not put in their place something else to which you as a full conference 'Article 405. 'League of Nations. International Labor Conference. First Annual Meeting. (Oct. 29, 1919— Nov. 29, 1919). p. 165. 126 might induce these Governments to agree, then those Govern- ment delegates go back reUeved of the moral obligation. At preseiit they are under a moral obligation to put into effect these bargains that we have made with them. While it is true that a Convention or Recommendation to be adopted must have the approval of two-thirds of the -j delegates to the General Conference, and that with the three different groups of Government, employer and employee representatives present, fair judgment should prevail, the fact is that allowance must be made for human interests and weakness. Men are men, and they are not changed suddenly by the fact that they meet in splendid halls, or that they are serving under an agency that has for its aim the establishment of social justice, or other high ideals. There is always the danger that in critical matters more ^ compelling questions of opportunism, politics, and selfish advantage will take precedence over economic considerations. / The; attitude of the workers' representatives is stated un- equivocally by Jan Oudegeest, Secretary of the International Federation of Trade Unions, in The International Trade Union Movement for July, \92\-y The governments and the employers are beginning to realize that in the domain of Social Legislation this institution will be used by the workers' organizations as a weapon to batter down the strongholds of Capitalism and Reaction . The enemies of Labour are trying to win back the ground which they lost during the war and are endeavouring to bring the working classes back again to the position of dependence and servitude in which they had been held for so many generations. In that way they are trying to deprive the Labour Office of its power and to make of it a mere office for the collection and distribution of documents. And in case these designs do not succeed, they desire to destroy that institu- tion altogether. We have been observing these manoeuvres for a considerable period and the Labour Group on the Governing Body have made a firm stand against the attacks launched by the governments and employers. We do not know if our opponents will gain much by these attacks, but we do know that our International and its repre- sentatives on the Governing Body cannot consent to cooperate with an institution if its functions are to be confined to the collec- tion and distribution of reams of paper. And we know further- more that if the Governments persist in their refusal to give effect to the decisions and recommendations of the General Conferences the workers will discontinue their support of the International Labour Office. >pp. 103-104, and 100. 127 While admitting that the peculiar conditions prevailing in certain countries may necessitate certain deviations from the Conventions already agreed to, we cannot, however, tolerate a continuance of the present state of affairs, and our next Congress will have to take a definite decision in regard to the situation. . . . Our opponents began already to show signs of uneasiness at the Washington Conference when they found that the workers' organi- zations representing all countries formed an almost united front under the leadership of the Bureau of the International Federation of Trade Unions. The trade unions of the various countries had fully appreciated the danger of divided counsels at Washington. This was one of the considerations which led the trade unions at their Amsterdam Congress in July, 1919, to consolidate their forces by establishing the International Federation of Trade Unions. The ruling classes were also displeased to see that, with a few solitary exceptions, the members of the Labour Group in the Governing Body of the International Labour Office invariably showed absolute unanimity, by which the Labor representatives were able to force through several measures despite the opposi- tion of certain governments and certain employers and by which on several occasions they even succeeded in turning to the ad- vantage of the working classes a number of proposals submitted by the opponents of Labour on the Governing Body. Yet, geographic and economic differences exist which can- not be lost sight of.^ CHmate, the condition of the soil, and geographical location vitally affect industrial conditions and the mode of industrial life. Economic laws, moreover, are not man-made laws. The problem of international labor legislation is all the more difficult and complex, because it gives rise to different factors than does the problem of labor protection within a nation. Underneath International labor legislation there must be the broadest economic foundation and whether representatives of special groups actuated by particular interests can agree upon conditions that will not only be equitable to all nations but in line with sound eco- nomic development is, of course, a question that time will /tell. Fear of a common danger led the Allied Governments to economic cooperation In the war. They bought their supplies together; they allocated ships, foodstuffs and raw materials; they solved their financial problems in a remark- able spirit of team-work that assured success. As soon as the Armistice was signed the old spirit of conflict returned. Millions of persons were left starving In Europe. Countries outside which possessed raw materials and food were prevented ^ee Ayusawa, "International Labor Le^lation," pp. 13S-170, for a statement of the diffi- ." U. 128 culties toward international labor legislation and for an opposite view Bauer, "International Labor Legislation and the Society of Nations." U. S. Bureau of Labor Statistics, Bulletin No. 254, DP. 115-121. either from feeding or trading with their neighbors. Even to- day economic barriers and jealousies exist and no one can say whether with an improvement in the economic and political state of Europe these attitudes will be intensified or not. Pressure of various kinds led to the establishment of the International Labor Organization as a means of meeting the problem of labor unrest and satisfying the demands of the trade union leaders. The years that have elapsed since the Armistice have relieved much of this pressure. As time goes on and conditions improve international economic com- , petition will increase. How these changed conditions will affect the international attitude is not merely a matter of conjecture. Already much evidence exists to show the changing attitude of governments, employers and employees toward the International Labor Organization. Prominence of National Considerations In the discussion of the historical background of the Inter- national Labor Organization, attention has been called to the efforts of the Swiss Government to secure the establish- ment of international labor treaties and legislation. The Swiss Government has since the beginning been a Member of the International Labor Organization and participated in both the Washington and the Genoa Conferences. Yet, with respect to the third General Conference, the Swiss Govern- ment took an attitude which is probably a forecast of the attitude that will be taken by other nations on questions of fundamental significance to them. The leading item on the agenda of the third International Labor Conference, which opened at Geneva on October 25, 1921, related to the application to agricultural workers of the Washington decisions with regard to limitation of the hours of work to eight per day and forty-eight per week. On October 8, 1920, the Swiss Peasants' Union addressed a letter to a number of foreign agricultural associations and also to the Director of the International Labor Office, calling attention to this item on the agenda and objecting to the conclusion of an international convention for the regulation of agricultural labor on the score that "such a convention would be of a nature calculated gravely to compromise the 129 well-being of mankind."^ The letter went on to state that the calling of the Third Conference to consider the regulation of agricultural labor "has caused some surprise in the agricul- tural world, where, until now, the employer has in no way felt the need of any international regulation of labor. National legislation also in the various countries has scarcely taken cognizance of the conditions of agricultural labor, and has, in general, confined itself to provisions affecting Sunday rest and the insurance of the workers. It was only after the influence of the repercussions of the war and of revolu- tionary movements that certain States sought to apply to agriculture the principles of the protection of workers which have been adopted in industry. The same motives appear to have caused the International Labor Office to propose the conclusion of an international convention." The statement indicated the extreme difficulty of applying labor conventions to agriculture and expressed the belief that such conventions will not be observed. It suggested that a discussion of international agricultural labor regula- tions should not be inspired "in an entirely one-sided fashion by persons ignorant of the peculiar conditions of agriculture, by workers' leaders imbued with Socialist doctrines, and by delegates of the rural workers." It indicated objection to international conventions applying to agricultural labor, because of (a) the increasing need for agricultural products; (b) the shortage of agricultural labor; (c) the probable effects of restrictions of the hours of work in agriculture; (d) the difference between agricultural and industrial work, and (e) the impossibility of applying international conventions to agricultural work. As a result of this attitude, the Swiss Peasants' Union stated its unqualified opposition to the adoption of a convention applying to agricultural labor and its refusal to participate in any convention of this kind, and has appealed to agricultural associations in other countries to take similar action. On January 7, 1921, the President of the Swiss Republic, in behalf of the Swiss Federal Council, wrote to the Governing Body of the International Labor Office, indicating his Govern- ment's concern lest regulations similar to those applying to industrial labor be applied to agricultural labor. In his ilntemational Labor Office, Official BuUetin, Dec. 8, 1920, pp. 17-24. 130 letter he pointed out that the paucity of national legislation applying to agriculture was not due to any fortuitous circum- stance, but that "the causes for this abstention on the part of the legislator are to be found in the very character itself of agricultural labor. Nature dictates laws which govern work in agriculture and in doing so she renders superfluous, if not dangerous, the intervention of man in this sphere." Such national legislation as existed was in his opinion isolated in character and gave no justification for international regu- lation.' Agriculture is that sphere which lends itself least to inter- national regulation. Conditions of labour in it depend on cir- cumstances varying so much from one country to another that it appears to us impossible to think of rendering them uniform. They should, on the contrary, adapt themselves in each country, even in each region, to the nature and the fertility of the soil, to climate and to the various forms of land ownership, all of which are factors that international regulation cannot by its very nature take adequately into consideration. In view of these things it is understandable that Swiss agricultural circles should have dis- played some inquietude at the news that the conditions of labour in agriculture are about to be the object of the deliberations and the decisions of the International Labour Conference. These fears are the more justified since the consequences of the decisions of the International Labour Conference will affect the en- tire population. International regulation cannot, in fact, result otherwise than in a reduction of the hours of labour and conse- quently in further increases in the cost of agricultural products, a result which, under present circumstances, when a fall in prices is a necessity daily becoming more imperative, would be deplor- able and is inadmissible. In addition, the President of the Swiss Republic pointed out that it would be unwise to try to apply the Washington conventions to agriculture without knowing first how far the Washington conventions had been adopted; that, if regula- tion of agriculture was sought, it should follow only upon intensive study of the probable effects; and that, out of all fairness, a conference which was to consider agricultural ques- tions should be participated in to a larger degree than had been the existing conferences by agricultural representatives. An attitude similar to that of Switzerland was also taken in other countries, notably in France, where, during a dis- cussion in the French Senate on December 30, 1920, the French Minister of Agriculture, in reply to a question, stated > International Labor Office, Official BuUetin, Jan. 19, 1921, pp. 32-39. 131 that, because of the diversity of conditions and organization of the agricultural industry, it belonged in a different field than did factory labor; and, that in view of the special condi- tions in which, French agriculture had been placed during the period following the war, the Government was considering whether they should not indicate their objection to having agriculture considered by the General Conference and, in conformity with the provisions of the Labor Sections of the Treaty, asking that these be struck from the agenda of the forthcoming conference. Subsequently on May 13, 1921, the French Government, in accordance with the requirements of Article 402 of the Treaty, filed with the Director of the International Labor Office a "reasoned statement" of its objections. The first seven paragraphs of this statement read:' The French Government would have no observations to make on this Agenda if it did not include the question of the regulation of hours of work in agriculture, a question on which it finds itself obliged to make every reservation. It is considered that if a careful examination is made as to how the question has been envisaged in the various countries, the majority of which have not issued any legislation in so complex a field, it will appear that the inclusion of this item in the Agenda is premature. Very few countries are therefore in a position to study the problem from an international point of view. It would be in fact difficult for them to do so, since up to the present the attempts which have been made in this direction do not permit an approach to the subject with adequate knowledge. It would seem further to be hazardous to seek to attain a con- certed system of regulation in the various nations concerned, in view of their diversity in climate, class of agriculture, system of cultivation, and of the countless uncertainties and vicissitudes inherent in agriculture. The working day is naturally short in winter, of moderate length in spring and autumn and long in summer. Not only does it vary season by season, but during any one season it is subject to inclemency of weather, the impossibility of working on certain days, the necessity of saving the harvest by urgent work, etc., etc. What could be accomplished by regulation which must neces- sarily adapt itself to these conditions, and would not therefore be able to regulate the length of the working day ? It would merely establish averages with wide margins, impossible to supervise — a sort of legal make-believe consisting entirely of exceptions. On the other hand, if such a regulation is strict, it will impose on agri- cultural production an intolerable burden. 'The full statement of the French Government is given in the Official Bulletin of the Inter- national Labor Office, June 13, 1921, pp. 649-654. 132 Experience proves that laws of such a nature, without precise definition and impossible of supervision, only produce difficulties and disappointment. The regulation of labour ought not to be as it were a will-o'-the-wisp, an empty pretence; where it is possible and necessary it should be effective; where it cannot be effective it should be avoided. The French Government went on to cite in detail the ob- jections of the Commission of Agriculture set up by the Chamber of Deputies and of the National Confederation of Agricultural Associations, and concluded: In view of the considerations put forward above, the French Government, in conformity with the procedure laid down by Article 402 of the Treaty of Versailles, formally objects to the in- clusion in the Agenda of the Third International Labour Confer- ence of the item relating to the regulation of hours of labour in agriculture. The then Prime Minister of France, Mr. Briand, had also stated that in the event of the overruling of his Government's protest to exclude the item from the agenda, the French government delegates would be instructed to oppose the adoption of a Convention on the subject. "France would remain, under those conditions, completely free not to assert itself by its signature with the adoption of decisions which might express in this matter the policy which it could not make its own."^ Without undertaking to pass on the validity of these argu- ments urged and without questioning the sincerity of the ! persons or agencies advancing them, the fact is unescapable 1 that, where the national welfare will be vitally concerned, j the nations will be influenced solely by considerations of j their immediate national welfare. With different national I interests, with various national and economic conditions, i and with small states of little industrial significance having ; the same power in the International Labor Organization in voting on Draft Conventions and Recommendations as large and highly developed industrial countries, it is highly doubtful whether the best interest of each individual nation will be promoted. That, even in the world of organized labor, the trade union leaders may have overshot the mark in influencing the estab- lishment of the International Labor Organization is evidenced from their statements. Trade unionism is in one aspect a 1 International Labor Office, Official Bulletin, Aug. 17, 1921, p. 123. 133 propagandist movement, and in the field of propaganda the agitation generally brings greater support than does the actual reform. As political parties often prefer to be outside the Government in order to be free to criticize those in control rather than themselves to assume the reins and responsibility, so the trade union leaders have found their followers with waning enthusiasm now that the International Labor Organi- zation is a reality, although the rank and file strongly de- manded it when it did not exist. Some of the trade unionists have come to feel that the Labor Organization is a body far removed from the local and, therefore, more immediate in- terests of trade unionism. The International Federation of Trade Unions, which itself has carried on insistent propaganda in behalf of the International Labor Organization, in an ofiicial statement in July, 1921, pointed out;^ The International Labour OflSce at Geneva is not in a very- favorable position as regards the propaganda which it needs so much and which ought to be made by the governments as well as by the organizations of employers and workers. . . . In the world of Labour the propaganda about which we have just spoken leaves very much to be desired. We readily admit that in order to promote the development of the institution in question the Labour and Trade Union journals cannot allot very much space to the activities of the Labour Office or to the great struggle which is being carried on there by the Labour Group against the representatives of the employers and the govern- ments. We fully admit that trade union journals have to deal in the first instance with matters affecting their respective trades. But after making all allowances in that respect, it cannot be denied that the attention which the Labour Office receives from the trade- union press is exceedingly scanty. On the one hand it seems that the Labour Office is considered to be too far removed from the sphere of the immediate interests of most of the organizations, while on the other hand it would seem as if the trade unions prefer to avoid all mention of the Labour Office in order thereby to escape the hostile clamourings of the Communists who, as is known, allege that the special purpose of the Labour Office is to use the trade union organizations as the tools of the capitalists and the lackeys of the bourgeoisie. Attitude of Government, Employer and Employee Representatives The altered attitude of governments, employers and em- ployees has been well described by Albert Thomas, Director ' International Federation of Trade Unions, The International Trade Union Movement. July. 1921, p. 97. 134 of the International Labor Office, who, writing in January, 1921, stated thatr^ Whatever may be the temper of employers and workers today, after eighteen months in which their disputes have been renewed, the period of peace negotiations was a period when the desire for justice between classes brought the International Labour Organi- zation into being. It is not surprising that from the moment of its inception all had high hopes for it, not only the labor organiza- tions which were the most directly interested and which saw in the Treaty a victory for themselves, but also the employers' associa- tions and the Government delegates. Today perhaps these hopes seem contradictory, perhaps they are so in part, but at a moment like that of which we are speaking it seemed possible to bring them into harmony. First, the hopes of the labor world — the most novel and daring of them all. The trade union organizations were conscious of having acquired in their respective countries a credit, nay, a pres- tige, altogether unprecedented. They were conscious of exercis- ing upon their governments an influence which they sometimes exaggerated, but which still was undeniable. Their leaders in the Allied countries shared^on the Commissions, at least — in the Peace negotiations. They had joined with the neutrals and even with their enemies of yesterday to reconstitute an international trade union federation which, before the war, had never existed save in embryo, but which henceforth was to share all the in- fluence acquired by each separate union in its own country. They had proclaimed a charter of labor, the fundamental principles of which were to guarantee to all wage-earners freedom and well- being. And, now, thanks to the experience of high officials, men of learning, and statesmen, associated with the work of the Commission on International Labor Legislation, they had secured the introduction into the actual text of the Treaty of part at least of the Chapter they had proclaimed. In their vision they beheld it applying with logical completeness '\ the principles of protection of labor and of justice, securing by the ; economic cooperation of all nations greater stability in employ- { ment, a more equitable distribution of raw materials to all nations, assuring to emigrants equality of conditions in matters of labor and wages, — in a word, creating a complete labor economy, based on / the right to work instead of on the pursuit of wealth, on organiza-/ tion instead of anarchical competition. It was natural that after all their bitter struggles and perils they should hope for a great social revolution, not the less complete because accomplished progressively and by pacific means. The hopes of the employers were less ambitious. The renewal of labor disputes in the last years of the war had already created some bitterness. Big strikes had, in fact, already broken out. Even the growth of workmen's organizations caused anxiety to many of them. The spirit of national unity, so noble and impres- sive feature of the early period of the war, had lost much of its strength. Besides, employers might complain that they had not been consulted in the preliminary work of organization. 'International Labor Review, Jan., 1921, pp. 9-11. 135 It is none the less true that many of them sincerely believed in the possibility of a regime of conciliation, an era of social peace. At first reserved and cautious, many of them accompanied their delegates in spirit to Washington, and gave their allegiance to the Draft Conventions and Recommendations. Those who tried to see into the future dreamed that, when the "wave of war-weari- ness" or "idleness" had passed, a more humane labor system, a system by which wage-earners should participate in profits and per- haps later in management, might revive that joy of production and "industrial enthusiasm" of which the St. Simonists loved to talk, and thus provide a guarantee of continuous and abundant pro- duction. The Governments themselves could not but regard the new organization with sympathy. On the one hand the International Labor Organization might dissipate the ever-recurring fear of international competition which threatened the existence of vari- ous isolated attempts at reform. Some protection of this nature seemed all the more necessary because after the War, when many parts of Europe were in a state of revolution, the most daring re- forms were being introduced, and many states were obliged, under irresistible pressure, to adopt laws like the Eight-hour Law, which before the War was almost universally declared impracticable, or at any rate only practicable if adopted by all important competing industrial States. In their responsibility for public safety, their preoccupation with the difficult problems of demobilization, the anxiety caused by the revolutionary propaganda carried out everywhere by Bolshevist Russia, the Governments could not avoid making an attempt to find for themselves some systematic scheme for settling the social disputes which the sufferings of the War had produced. They, too, in spite of the scepticism with which at times the future of the International Labor Organization was regarded, sometimes allowed themselves to hope for results which seemed to them desirable from the International Labor Organization. Perhaps in many minds these feelings are no longer so promi- nent. Some perhaps would be disposed to disavow them alto- gether. Yet these changes in attitude might be expected. A stroke of the pen could not, of itself, by creating a League of Nations, bring with it an international political millenium, nor could the setting up of an international labor organization in the Treaty of Versailles result in the immediate solution of the problem of industrial unrest or the ushering in of a new regime in industrial relations. Different geographic conditions, differ- ences in climate, natural resources and productivity of the soil, international competition, social conditions sanctioned by time and custom, and economic law, have operated as restrictive influences on international labor legislation and have influenced the attitude of men's minds. A wave of sympathy for the laboring classes, a surge of magnanimity 136 and a strong desire to do away with "injustice, hardship and privation" could not but undergo a change when confronted with the stern realities of practical conditions when the heat of passion had passed. Yet, this altered state of mind should not lead to the con- clusion that the International Labor Organization has in any serious sense been weakened or that its importance has in any way been decreased. The Organization has its sanc- tion in the provisions of the Treaty and so long as these provisions are carried out it will continue to be a force. Furthermore, with the support of the International Federa- tion of Trade Unions and the trade union organizations in various countries, with the support of governments and of groups of employers, the Organization should be able to continue as an effective agency. As Albert Thomas had stated with regard to the Organization,^ "Whatever obstacle it meets, whatever resistance opposes it, it will live." There is no reason either to despair or to doubt. If the limitless hopes in the midst of which the Office was born are deceived by her contact with reality, if generous and competent impulses have changed into the hostility either of interests or of ideas, there is no reason to close one's eyes to the possibilities of the future. . . . The reconstruction that has come with peace, the new situations which have arisen, the relations between the various peoples, have one and all increased the necessity for knowledge. Uniform methods of observation and procedure in investigations, standard- ized principles and practices in statistics, are more than ever indispensable. Every day requests for needful information stream into the international Labor Office and replies are sent out. When the Scientific Division is adequately staffed and is able to deal with these inquiries promptly and fully, it will be impossible to overthrow the new Organization. At the present time international labor legislation is by no means at a standstill. Certainly, ratifications of the Draft Con- ventions come but slowly. Parliamentary procedure is tediously long. Undoubtedly, too, future attempts to promote international legislation, to make it more complete, to extend it to other fields, will meet strong opposition or will have to encounter an inertia which is the more to be feared inasmuch as it is less premeditated. Yet, in spite of the fact that the Conventions for the time being will only be applied in a limited number of countries and will thus come short of the universality which is desirable, the practical progress thus made in the course of a single year can by no means be considered negligible. To begin with, there are always the definite pledges made by the States which signed the Covenant. In a way they are sanc- tioned by the social consequences of the war. The mere placing of ^International Labor Remew, Jan., 1921, pp. 16-18. 137 a Draft Convention before a Government necessarily compels it to consider the question of social legislation. Under the new Organization international legislation can neither be ignored nor smothered. Assuming that the state of public and political opinion is not such as to cause the draft thus brought before Parliament to be embodied in the labor legislation of the country concerned; as- suming that the decisions arrived at by the Conference result in tangible reforms for only a very limited number of countries; assuming that at some future time it may be necessary to follow the sound advice given by Mr. Barnes and limit Conventions to reforms that have already been adopted by most of the chief States and which would consequently obtain their votes; even then, whether considered group by group, category by category, or in- dustry by industry, the partial results thus obtained would never- theless make for the well-being of the workers. Moreover, if the progress is crystallized in the form of international Conventions, an undoubted guarantee is given to the working classes. The submission of the eight-hour day in an international Convention renders more likely its successful adoption by the national Parlia- ments. The international codification of a reform which has already been adopted by some States tends to impel others to bring conditions of work in their own country up to those prevailing in States which have adhered to the general agreement. Moreover, allowance is made in the Conventions for such States, particularly those with tropical climates, so as to make the reform less sweeping in nature, while yet representing a first step in the direction of progress. Yet, again, should they not wish to ratify a Convention as it stands, they are nevertheless constrained to introduce legislation as some proof of their willingness to join in the general movement. For instance, a State desiring special conditions or further excep- tions with regard to the prohibition of night work for children in certain industries might not ratify the Washington Convention, but might nevertheless pass a new law, excluding the two or three industries which for the moment it wishes to leave unaffected, but prohibiting night work in all others. Such progress would be as- cribable, indirectly but none the less certainly, to the International Labor Organization . Finally, to take the worst possible case, suppose that the most moderate Conventions are not adopted . It might happen that the various States would reject in their own legislative assemblies even the very mildest type of reforms. Yet the effort towards inter- national legislation thus begun might nevertheless result in the continuation of negotiations between the various parties and end in the adoption of a direct agreement of a conciliatory nature, which, although precarious, although concluded for a short time only, would yet be better than the bitter struggles between workers and employers which are so disastrous to social and economic well- being. The Labor Part of the Treaty accords to Governments double the representation given to the employers and em- ployees. Much speculation existed early in 1919 as to the 138 effect of this arrangement, the International Federation of Trade Unions holding that the employee group would remain a hopeless minority in the decisions of the General Conferences and that the Government and employer representatives would always combine against it. Experience has shown that this view is without justification and that the larger vote of the Government delegates has usually been turned to the advan- tage of the employee group. While, as indicated in Chapter II of this report, voting in the General Conferences and in the Governing Body of the International Labor Office, the two arms of the permanent machinery of the International Labor Organization, is by individuals and not by groups, a tendency to draw together in groups showed itself early. This ten- dency, growing out of a natural community of interest, has now become a general practice, both employer and employee delegates each coming together privately in order to discuss and determine their attitude on questions before these come up in open meeting. The Government group, the largest of the three and and the one whose vote has been a deter- mining factor, has had no occasion for such organization. \ It has in consequence come to be looked on as the group i most open to conviction and its members have frequently been > able to act as conciliators between the employer and em- ployee groups. It must be recognized, however, that these ' representatives are generally without industrial experience, although they hold a decisive position, and that it is character- istic of all governments to covet continuance in office and in consequence invariably to follow a policy of opportunism. At the time of the signing of the Armistice and up to about the middle of 1920, the trade union influence was in the ascend- ant and the governments were naturally mindful of this. Since then the pendulum has begun to swing the other way so that trade unionists, who formerly expressed great satisfac- tion over the work of the International Labor Organization, are now critical of both governments and employers. Typical of this change is the view of Jan Oudegeest, a prominent trade union representative on the Governing Body of the Inter- national Labor Office and Secretary of the International Federation of Trade Unions, who in July, 1921, wrote:^ ' International Federation of Trade Unions, The International Trade Union Movement, July. 1921, p. 100. 139 One can readily understand that the employers and the govern- ments, who are every day becoming more and more reactionary and are beginning to regret the concessions wrung from them by the workers during the war (concessions which we by no means consider adequate), are now increasing their eflForts to disparage the work of the Labour Office and are attempting to_ divert its activities along more conservative lines. There are evident signs that these reactionary elements are doing their utmost to destroy as quickly as possible this institution which was established as a result of that influence and power of the workers' organization which they are now beginning to fear so much. Against this may be taken the view of H. B. Butler, Deputy Director of the International Labor Office, who, in summarizing the accomplishments of the first International Labor Conference at Washington of which he was also Secretary-General, stated:' While it cannot be said generally that the size of the Government group had any very marked effect one way or the other, owing to the differences of view which appeared among the official repre- sentatives on almost all questions on which there were important divisions, it is nevertheless the case that the double Government vote was on the whole more favorable to the workers than other- wise. Criticism or Frequency of Meetings Some criticism has developed both within the Governing Body of the International Labor Office, the General Confer- ences and the Members of the International Labor Organiza- tion over what is regarded as the haste to show a record of accomplishment in a relatively short period of time. Since October, 1919, three General Conferences have been held — at Washington, D. C, at Genoa, Italy and at Geneva, Switzerland — and a fourth is to be held in Geneva in October, 1922. Attendance at these conferences is coming to be looked upon as burdensome, especially in the more distant non- European countries. At the third General Conference in 1921, a South African delegate objected to the planning of annual conferences and expressed the opinion that "for distant countries that is almost too frequently." He pointed out that since the Conference meets for a limited time, "The great problems which are set down for discussion do not always get the attention that they should. There is a tendency for us to be hasty." He urged that "it interferes with the possi- bility of getting the acceptance of States to the ultimate work ' Butler, H. B. "The Washington Conference, 1919." In: Solano, "Labour As An International Problem,'' p. 211. 140 of the Conference," and suggested "that the general work performed by these Conferences should, at any rate, not be annual, but occasional, that is to say, that as you had a special Conference a year ago dealing with Maritime Ques- tions, so in periodical or alternate years you should have Conferences dealing with [general] questions. In that way, you would give the distant countries a chance of being con- stantly represented when general questions were discussed." A similar view is expressed by J. S. Edstrom, employers' delegate of Sweden and Vice-President of the third Inter- national Labor Conference. He states that "the work is going on almost too rapidly. If an alteration of Part XIII of the Peace Treaty is possible, I will deem it advisable that from now on the international conferences be held only every second or third year. Already the Conventions and Recom- mendations passed by the Washington Conferences are of such a number and of such great importance that it would take some time for States to adopt new laws and alter old ones in order to accommodate themselves to the proposed suggestions, particularly now when world economic conditions are so disturbed."^ With this criticism the International Labor Office states that it is in entire agreement and holds that the way out is to lighten the agenda of the conferences.^ The Director of the International Labor Office is on record "that in the interests of this Organization itself we ought to do nothing to reduce the frequency of these Conferences," and further that "it should be possible to do something to reduce the work of the Agenda, and by this means to reduce the length of the Conference."^ The frequency of the General Conferences and the amount of work which these are required to consider and pass upon is regarded as responsible for the large number of Draft Con- ventions and Recommendations adopted, and for the burden which has been thrown on the Member States through the enforced consideration of so many labor measures with a view to giving effect to them by legislation or otherwise. At the third General Conference, Arthur Fontaine, Chair- man of the Governing Body and French Government repre- sentative, urged as a "counsel of prudence" that fewer subjects • International Labor Retiew, March, 1922, p. 379. *Idem. •League of Nations. International Labor Conference. Third Session, Geneva. Prmtnonal iJecori, Nov. 9, 1921,p. 363. 141 be considered and acted upon at the annual Conferences, since otherwise "the movement of international legislation will inevitably fall into arrears. "' Similar views have been expressed by other Government representatives. Propagandist Tendency of the International Labor Office Furthermore, the character of the International Labor Organization as a propaganda influence cannot be overlooked. In Leaflet No. 1 of the International Labor Ofiice, the question is raised, "How can the International Labor Office succeed in its work?" The answer as given in the leaflet is, "It must be provided with means of propaganda; this is indispensable for making its efforts generally known. . . . The methodical and organized action of the great Unions and Federations in democratic countries can obtain from their parliaments the passing of the Conventions." In another publication of the International Labor Office,^ it is stated: It is true that if a national Legislature rejects a Convention or a Bill to bring the terms of a Convention into operation, the country ' concerned bears no further responsibility; but the fact that every ' Convention must be brought forward for public discussion in every country, even those whose delegates may have voted against it, ' is of very great importance and guarantees that public opinion in the several countries will weigh and pass upon the merits of every Draft Convention voted by the International Labor Con- ference. Effect of the Absence of the United States The absence of the United States from membership in the International Labor Organization has not only been a source of regret to the Organization and to its various Member States but has already begun to raise serious questions as to the future of the Organization should the United States continue to abstain therefrom. This question has already received the official attention of the International Labor Organization . The Director of the International Labor Office, in his report to the Third International Conference at Geneva in 1921, pointed out that the unsettled condition of world affairs, the low rate of exchange and the consequently higher costs of production of American goods which "at present ^League of Nations. International Labor Conference. Third Session, Geneva. Pravisionat Record, Oct. 25, 1921, p. 3. * "Studies and Reports," Series A, No. 8, "Tlie International Labour Organization," p. 3. 142 prevent the danger of American competition from being felt in Europe," have prevented "such serious consequences as might have been the case at another time."^ What the effect of the continued improvement of world economic condi- tions, and the return of a more normal basis of competition, may have in the event of the United States remaining outside the International Labor Organization and therefore outside the influence of its decisions, is already becoming more than a matter of mere speculation. The same applies in a minor degree to Russia, which is the second great State which is out- side of and therefore not bound by the decisions of the Inter- national Labor Conferences.^ These decisions, whether or not they improve the conditions of the workers, exercise a punitive effect, and by fixing certain standards and conditions of labor for the Members of the International Labor Organization which do not apply to States outside the Organization, create an inequality in the competitive basis between Member and non-Member States. The framing of more Recommendations and Draft Con- ventions by successive International Labor Conferences and their adoption by the Members of the International Labor Organization, will thus tend to increase this inequality. This may result in giving non-Member States an advantage in world markets or may slow up both the adoption of regulatory measures by the International Labor Conferences and their approval by the several Members. The Industrial Philosophy of the United States With particular reference to the United States, it may be noted that the Labor Sections of the Treaty of Versailles have a significant interest. In the United States the principle is widely accepted that the individual establishment is the unit of production and of mutual interest on the part of both employer and employed. It was pubHcly reaffirmed during the President's First Industrial Conference at Washington. This arrangement gives maximum freedom to the employer and employees in an establishment jointly to fix their conditions of labor to their mutual satisfaction. The Draft Conventions 'League of Nations. International Labour Conference. Third Session, Geneva, 1921. "Report of the Director." Second Edition, pp. 8-9, K 14-16. 'Ibid., pp. 8-9, 1 15. 143 and Recommendations of the International Labor Organiza- tion tend to substitute the industry for the establishment as the productive unit. Such a change would be of far-reaching influence on employment relations in the United States. Moreover, in the United States the principle of the open shop has always prevailed in the majority of industries. This is not the case in other industrial countries, particularly in Europe, where the closed union shop is the rule, in practice if not in theory, and where collective bargaining through trade union representatives is the common procedure. Thus there is a sharp difference in point of view, and this difference is all the more apparent when particular questions are examined. On the continent the principle has been followed that whatever can be done by government, should be; in the United States, however, the principle has always been that government con- trol and interference should as far as possible be avoided. The result has been that on the continent the governments have exercised much influence in the control of industrial activities and in the determination of employment relations. Thus insurance against sickness, invalidity and unemployment are almost universal in Europe, whereas in the United States they are looked upon with doubt as to their social value. In the same way state ownership of railways and of other indus- tries is common in Europe, but does not prevail in the United States. All this has operated to create different points of view and it may well be questioned whether the Draft Conventions and Recommendations would permit of these viewpoints being harmonized. These differences in view have already come into conflict in the International Labor Conferences. On one occasion at the Washington Conference in 1919, a report was brought in relative to a study by the League of Nations of the distribu- tion of raw materials. Favorable action was strongly urged by Gino Baldesi, the Italian workers' delegate, on the score that much idleness existed in some countries due to lack of neces- sary materials while other countries with an abundance of materials were preventing their exportation. N. W. Rowell, Canadian government delegate, emphatically protested against consideration of such questions by the Conference, and stated:* * League of Nations. International Labor Conference. First Annual Meeting. (Oct. 29, 1919— Nov. 29, 1919), p. 158. 144 I say, with great respect, this conference has no more jurisdiction over the question of the distribution of raw materials, which the delegate from Italy referred to, than it has over the question of discovering a way of navigating from the earth to the moon. It might just as well be clearly understood that the nations which have raw materials will deal with them as they believe fair and in the national interest, but they will deal with them by their own parliaments, their own legislatures, and they will not accept international regulations with reference to the control of their private property. H. B. Butler, Secretary-General of the Washington Con- ference, stated that the discussion on this and on other sub- jects "served to bring out the divergence of interest between the New World and the Old, which emerged more than once during the Conference and was perhaps one of its most sig- nificant features. "1 It is important, too, to remember with regard to inter- national labor legislation that the United States has much more at stake than have many of the other countries. It occupies a leading place in trade, industry and agriculture. The Draft Conventions and Recommendations of the Inter- national Labor Organization would thus be certain more vitally to affect it. On the other hand, those nations which are essentially agricultural would have no interest at heart in the decisions made with respect to manufacturing indus- tries, yet they would be permitted to vote on an equal basis. Inasmuch as in the United States the regulation of labor conditions as a matter of public welfare, except in interstate commerce, is a matter specifically reserved to the separate states, it is apparent that a serious constitutional difiiculty exists with regard to the adoption of the Draft Conventions of the International Labor Organization by the United States Congress. Provision is made in the Labor Sections, of the Treaty of Versailles to meet this difficulty. Paragraph 9 of Article 405 of the Treaty of Versailles says: "In the case of a Federal State, the power of which to enter into Conventions on labour matters is subject to limitations, it shall be in the discretion of the Government to treat a Draft Convention to which such limitations apply as a Recommendation only, and the provisions of this Article with respect to Recommendations shall apply in such case." This, however, would mean that the decisions of the ' See Solano, "Labour as an International Problem," p. 227. 145 General Conference would come as Recommendations before each of the several separate state legislatures, and would become merely proposals for industrial legislation. The above-quoted paragraph was the result of very pro- longed discussions in the Commission on International Labor Legislation set up by the Peace Conference and by a sub- Committee specially appointed to examine the difficulties which the American delegates (Mr. Gompers and Mr. Robinson) had put forward in respect to the situation in the United States. The objections to the original draft which contained no provisions as to Recommendations were, from the American point of view, stated as follows by Mr. Robinson: (1) The Senate has the constitutional power and duty to advise and consent to Treaties; (2) Congress has legislative powers in such matters as have been delegated to it by the States of the Union, but labor legisla- tion (the police power) is generally understood to be among the subjects reserved to the individual States. Neither the Federal Executive nor the Federal Legislature could give any assurance that legislative action would be taken in any of the States. (3) The legislation of Congress may be declared to be uncon- stitutional by the Supreme Court of the United States and the legislation of the States by the State Judiciary or the Federal Judiciary. The provision as to Recommendations which was adopted by the Commission and by the Peace Conference and which now figures in the Treaty of Versailles was accepted by the American representatives on the Commission because it circumvented the difficulties as above summarized, in that the only initial obligation which would now devolve upon the Federal Government would be the official communication of the texts of the Draft Conventions adopted to each state for such action as each state might consider fit. The only consequent obligation would be that of formal communication, but not ratification, of such measures as might be taken by the individual states. Relations Between the Trade Union Movement AND THE International Labor Office The fact cannot be lost sight of that in time the Inter- national Labor Organization will, aside from its influence on the international regulation of labor, have two important elFects. It will tend, first, to develop an international labor 146 • legislature whose decisions will be binding on the states, and, second, it will tend to augment vastly the power and '' influence of the trade unions throughout the world. The first may be a matter not capable of immediate attainment, but the fact is that those who are closest to the International Labor Organization, already have indicated their hopes in this direction, while the International Labor Organization itself has been no less outspoken. In one of its reports the International Labor Office states'- Suggestions have been made that the Conferences should be endowed with full legislative powers. This proposal involves very difficult constitutional questions, and is impossible to carry into effect in the present state of political organization. Lack of time alone would have been sufficient to prevent the Commission of the Peace Conference, which drafted the scheme of the International Labor Organization, from dealing with this question fully. But the fact that that Commission did adopt, by a majority, a resolu- tion recommending that wider powers should be given eventually to the Conferences, indicates the probability that this question will be brought up again at a later date. With respect to trade unionism it should be noted that the trade unions have from the beginning been vitally interested in the International Labor Organization. Their attitude has not been wholly disinterested, since the principles enunciated^ in the Labor Part of the Treaty of Versailles have not only 1 given the trade unions recognition on an equality with govern- ments and employers, but have assured them certain guaran- tees which were not possessed hitherto. The trade unions have been quick to see that the International Labor Organi- zation offered them an opportunity to secure much more quickly, and through the medium of national legislation, what \ they heretofore could secure only through propaganda, strike \ or pressure on legislative bodies, the results of all of which were ; neither certain nor always immediate. At the annual con- ferences of many of the more important national and inter- national trade union bodies resolutions in support of the International Labor Organization have been passed. Such resolutions were passed, for example, by the British Trade Union Congress in 1920 and by the 15th Congress of the Con- federation Generale du Travail of France .^ The latter, in '"Studies and Reports," Series A. No. 8, pp. 3-4. ' For copies of these resolutions see the issues of the Daily Intelligence published by the Inter- national Labor Office. 147 referring in its resolution to the Washington Conference, stated that: In sending representatives to this Conference, the proletariat of this country is not yielding to a desire to enter into relations with the representatives of governments and employers, but is affirming the clear determination of the workers of the whole world to take an eflFective part, and to play an essential role in the development of world conditions, and to exercise permanent and effective control over the operation and development of the new international organism. ... It is in this attitude of mind that the General Confederation of Labor is about to take part in the deliberations of the First Inter- national Conference on Labor Legislation. It will work, in agreement with the workers' International, for the recognition of the rights of labor throughout the world and for the freedom of action of all the proletariats, including the Russian proletariat, which are united in a common conception of liberation by means of regenerated labor. Typical of the action taken by trade unions is the report made by the Office of the Pan-American Federation of Labor which was approved by its 3rd Congress in January, 1921: The International Labor Organization was devised as a part of the League of Nations so that it would investigate, study, and dis- cuss conditions in the labor world and make to the Members of the League such recommendations as to labor legislation as it deem- ed advisable for the benefit of the working people of the various countries. This is especially important to those countries where the working conditions and the standard of living do not come up to the level of the most advanced countries, industrially and other- wise. Therefore, it is highly important that the trade union movements of each of the American countries that are Members of the League and, consequently. Members of the International Labor Organization, should demand of their respective Govern- ments that in all the conferences of that organization a labor member should be included in the delegation, and this member to be designated according to the stipulation in the Covenant, that is, by agreement with the representative labor organization of the respective countries. The recommendation of the Washington Conference in the matter of labor legislation to be enacted by the Members of the League of Nations should also receive the earnest attention of the trade union movement, so that in each country where such meas- ures as recommended are not yet incorporated in the Statutes, they may be so incorporated. The duty of the International Labor Organization is to recommend labor legislation, and we conceive it to be the duty of the trade union movement in our respective countries to see to it that those recommendations be enacted into law. . . . Because of the advantages accruing to the masses of the peoples of all countries of the world, we strongly recommend the adoption of the recommendations of the Washmgton Conference by the countries of the Western Hemisphere. 148 On its part the International Labor Organization recognizes that its greatest support will come from the trade union or- ganizations, has made its appeal for such support directly to them, and has indicated its close sympathy with them. Thus, in its Leaflet No. 1, issued by the International Labor Office, entitled, "What is the International Labor Office?" it is stated that:* The International Labor Office is the outcome of reiterated demands on the part of the working class. . . . The Inter- national Labor Office has its roots in the working class move- ment and it is by that alone that it can live. . . . Every worker, every believer in progress should support the work of the International Labor Office. In the same spirit is the utterance of Albert Thomas, Director of the International Labor Office, who, in the course of an address of welcome to Alexandre Millerand, now Presi- dent of France, to the International Labor Office in Geneva, stated: In spite of bitter criticism, in spirit of the traditional dogmatic arguments, the organized workers have realized what a powerful instrument of social transformation an international organization of labor can, and should, be. They have shown for the Office a sympathy of which we are proud. In Genoa, in spite of serious difficulties, some of which were insurmountable, the seamen pre- served an unshaken confidence in us. Not more than a few weeks ago, in advance even of you, the Miners' Conference was our guest in these gardens, and on our terrace the miners of Wales sang with religious fervour their popular hymns of joy and hope . It is not without anxiety nor without emotion, as you will understand, that we welcome the hopes which the militant workers have in our work. We know with what firmness and energy they have come to take their seats at the Conferences and on the Govern- ing Body of the Office. We feel painfully how serious it would be to fail to respond or to respond incompletely to all these aspira- tions, to all these hopes, and it is for this reason that we shall be glad to welcome here statesmen who know and appreciate our efforts and who, at any cost, through the vicissitudes of politics, assist us in transforming all those hopes into a living reality. Of the same tenor is an article by Ernest Greenwood, correspondent in the United States of the International Labor Office, who in writing in the Boilermakers' and Iron Ship Builders' Journal of November, 1920, stated: ' See also "The International Trade Union Movement and the Labor OfBce," by J. Oudegeest, Secretary of the International Federation of Trade Unions, in the International Labour Review, Jan., 1921, pp. 41-44, in which he says: "Another subject for rejoicing is the fact that the workers of the different countries have so quickly come together again, so that the Labor Office lends sup- port to and receives support from the International Federation of Trade Unions which was re- established last year at Amsterdam." » pp. 701-702. 149 It has been said that the International Labor Organization has nothing to oflFer American Labor for the reason that American con- ditions of employment and American labor laws are of the highest standard in the world. This is not true. Even though condi- tions of employment may be better than those in any other country in the world, this does not mean that still further improvement is not desirable. Any improvements in the condition in other countries must be beneficial to both American labor and American industry. . . . The International Labor Office has a great deal to offer that is beneficial both to American labor and American industry. Similar in character is the statement in Leaflet No. 1, an ofScial document of the International Labor Office: The International Labor Office has its roots in the working class movement and it is by this alone that it can live. The methodical and organized action of the great Unions and Federations in democratic countries can obtain from their Par- liaments the passing of the Conventions. They can also assist the Office in securing from Governments the rigorous enforcement of Conventions. International labor legislation, like all national legislation, depends entirely on the efforts of the citizens and workers of each country. The International Labor Office provides a powerful engine for the assurance, in the words of Peace Treaty, of "per- manent benefits" to all the wage earners of the world. Thus, by an appeal to self-interest and a vague promise of future gain, it is hoped that the interest and the support of or- ganized labor will be won. The potential influence of the International Labor Organiza- tion as a force in upbuilding the strength of the trade unions in securing the recognition of them as the representatives of the workers, both organized and unorganized, and enforcing recognition of collective bargaining through trade union representatives, is recognized by trade union leaders and sympathizers. Mr. G. N. Barnes, formerly labor leader, now government representative on the Governing Body, says:^ The right of combination for which workers in the past fought so hard and so long finds no place in the scheme of the conference except by implication — but its full recognition is there all the same. As already explained, the governments of the member states repre- sented at the conference, while being recognized as the national units and the connecting links with the International Labor Office, are expressly bound to recognize the industrial associations of employers and workers in their representative countries and to appoint their non-government delegates to the conference in agreement with these industrial associations. This marks a tre- mendous advance in public recognition regarding the right of work- ' Set Solano, "Labour as an International Problem," pp. 30-34. ISO ers to combine to promote their interests. To measure its importance the past struggles of workers for the right to combine must be recalled, together with the vehemence of the opposition they encountered. . . . Happily there is a better spirit now approaching the old con- ceptions of the worker's lot in life and the opposition to his right to improve it having gone the way of all errors. There is in all democratic countries a general recognition of the rights of the worker, as well as the need for improvement in regard to the conditions of his life and work, as the only possible foundation of a healthy, prosperous and peaceful community. For some years the Trade Unions have been regarded as the trustees of the work- ers' interests and their leaders as the advocates through whom workers can bargain on terms of equality with employers and the government regarding their interests. There could be no more striking illustration of the change of public opinion regarding industrial combinations of workers than the recognition of their right to representation in the International Labor Conference. Trade Unionists no longer find themselves opposed as disturbers of the peace or tolerated as necessary evils. They are recognized as co-workers with other organized forces for the common good. The worker has won the right of combination. He is now to perfect a more efficient, comprehensive and powerful system of combination which will not only be national, but international in scope. The International Labor Office as a Political Influence It should be recognized in this connection that modern trade unionism is both a political as well as an indus- trial movement. In many countries special labor parties exist. In others, as in the United States, vehere organized labor does not have its own political party, it has followed an opportunist policy of catechising the existing parties and then promising its support to the one which it considers most favorable to it. Where the industrial aspirations of trade unionism end, and where the political aspirations begin, is sometimes very difficult to say. Yet, this is a most important question which has already given rise to difficulty in the International Labor Office, and it is certain that it may become of more serious character in the future. This is particularly so, because many of the statements in the pre- amble and in the General Principles of the Labor Part of the Treaty are, as has been indicated, general in character and capable of varied interpretation. An illustration of the difficulties that may arise from a problem of this kind is given in the discussion of the complaint of the General Union 151 of Spanish Workers before the Governing Body of the Inter- national Labor Office.^ In the same way, the International Federation of Trade Unions, which is both a political and a labor organization, has given its support to the International Labor Office because, as it states in one of its official publications, The International Trade Union Movement, for January, 1921, (page 2): "We see in the estabhshment of this institution the first serious step in the direction of the object we have in view." Its object, as defined in the same pubUcation, is: "By firm cooperation and purposeful organization, to lead the proletariat to the final goal, viz., the liberation of the masses from the yoke of capitalism," and to do this by a world revolution that will lead to Socialism. The Federation has voted to carry on a continuous propaganda for the socialization of the means of production. Because of its extremely radical character and because of the prominence of its political aims, the American Federation of Labor, in the spring of 1921, decided to with- draw from membership in it. Voting Power of Small States The fact that small States, of relatively little industrial importance, can be admitted into the International Labor Organization and vote on an equality with other larger States, is a weakness which has provoked much criticism. This criticism has been officially recognized by the Director of the International Labor Office who, in a report to the Third International Conference of Geneva, in October, 1921, stated that "the admission of small States has sometimes given rise to apprehension. At the time of the Genoa Confer- ence it provoked insistent criticism. If the Convention on hours of work had been adopted, in spite of the opposition of great States possessing a merchant marine of several million tons, by a majority of small States possessing either a very small or no merchant marine, the authority of the Organiza- tion might have been endangered."^ While the fact that the major industrial States have a larger representation on the Governing Body which fixes the agenda > 5« Chapter IV, pp. 103-106. :ional Lat i Edition, 152 2 League of Nations. International Labour Conference. Third Session, Geneva, 1921. '•Report of the Director." Second Edition, pp. 6-7, f 11. of the sessions of the International Conferences is expected to make up for this weakness in giving equality in voting power to small States,' it may be justly questioned how effective such control may be. When important industrial-economic problems, such as regulation of the hours of work, methods of combating unemployment and the like are occupying international attention, it is difficult to see how the Governing Body can for long keep them out of the arena of discussion before the International Labor Conferences. Inasmuch as the discussions are looked to as a basis for action, whether that action be the appointment of a commission for further investigation and report, or the adoption of a Recommendation or a Draft Convention, the decision must emanate from the Conference as a whole. When a question is thus thrown into the Conference the small States have equal power with the large in determining its disposition. The employer delegates in the General Conferences have already come to feel this and one of their number, Robert Pinot of France, who is at present a member of the Governing Body, not long ago in an article in La Revue de Paris pointed out the serious consequences of giving the newer political states and those of secondary industrial importance a voting power greater in toto than that enjoyed by the older and more intensively industrial nations*. He states that at the Wash- ington Conference Great Britain, France, Belgium, Switzer- land, Italy, Denmark, Netherlands, Norway, Sweden, Spain and Portugal, representing the old and more highly industrial European states, had 44 delegates. On the other hand, Czecho- slovakia, Poland, Finland, the Kingdom of the Serbs, Croats and Slovenes, Roumania and Greece, new and not essentially industrial states, had 22 delegates "without precise mandate and responsive to the influence of the confusion of ideas in their respective countries." Besides, twenty-two nations in Asia, Africa, Central America and South America all, with the exception of Japan, of secondary importance industrially, had 52 delegates. Thus, in a Conference called upon to decide on such questions as the regulation of hours of work and of employment in manufacturing and closely allied industries, 48 delegates (inclusive of those from Japan) came from highly •JMi, p. 7 t 11. « La Revue de Paris, Annge 28, Tome 3, May 1, 1921, pp. 173-176. 153 industrial states while 70 did not. Yet the voting power of all delegates was equal. Similarly at the Second General Confer- ence at Genoa in 1920, in the discussion and vote on the appli- cation of the eight-hour day and 48-hour week to the maritime industry, the important consequences of extending to each nation, irrespective of population and industrial importance, an equal voting power are clear and apparent. The question of the regulation of the hours of work in the maritime industry was admitted by all as the most important question on the agenda. The vote was exceedingly close, the adoption of a convention being defeated by two-thirds of a vote. Nations like Poland, Roumania, Czecho-Slovakia, Uruguay and Vene- zuela, with an inconsiderable amount of shipping, were re- corded in favor of a Draft Convention for the eight-hour day or 48-hour week in maritime work. Great Britain, Spain, Japan, Denmark, and Norway, with large merchant marines, were among the nations recorded as opposed to the adoption of a Draft Convention. Altogether the sixteen governments who favored the adoption of a Draft Convention represented but 10,980,000 tons of shipping, the seven governments who opposed the adoption of a Draft Convention represented 25,570,000 tons of shipping.' Lord Inchcape, President of the International Shipping Federation and a well-known British ship owner, speaking in London in December, 1920, expressed the danger of the consequences of extension of equal voting power to all countries, when he said: I need not remind you of the very considerable apprehension with which, during last summer, we followed from day to day the pro- ceedings of the International Labour Conference at Genoa. The chief subject for discussion by the International Delegates — dele- gates not only of maritime but also of inland countries without a seaboard, all possessing equal voting powers, whether they repre- sented large or small populations — ^was the regulation of the hours of labour at sea. The proposal which was before the Conference sought to establish a working week of 56 hours for the deck, 48 hours for the stokehold and 70 hours for the catering departments. I am not in the least exaggerating when I say that after a fairly long experience as a shipowner, it is my considered opinion as well as the opinion of every shipowner with whom I have discussed the matter, that if the Conference, instead of rejecting the proposal by a narrow majority of individual votes, had adopted that hard and fast principle, the result would have had a disastrous effect on shipping and the conveyance of goods and passengers by sea. The suggested regulation of the seafarer's hours of labour would 1 See E.J. Solano, "Labour as an International Pioblem," pp. xxxi-xxxii. 154 have involved a great enlargement of crews, a great increase in expenditure and a serious curtailment of space. I hope the pro- posal may not be revived . The fact that at the General Conference the vote of the delegates of any of the Central American republics or of such countries as Siam, Haiti, Liberia, Hedjaz or Persia, has the same weight as a vote o the delegates of Great Britain, Germany, France and the other highly developed industrial countries, may lead to unwise and even harmful decisions. Difficulty of Selecting the "Most Representative" Organizations of Employers and Employees An interesting question arises here that may prove to be of more or less importance. The Treaty provides that each nation shall be represented on the International Labor Organization by four delegates; two of whom shall be govern- ment representatives and two representing respectively the employers and employees; and that these last two delegates shall be chosen in agreement with the industrial organizations which are most representative of each respective group. Since the question of an interpretation as to which industrial organization is most representative of the employers or the employees is to rest with the government of each particular nation, it may be seen that wide latitude for interpretation exists. What, for example, is the most representative or-^ ganization of employees in the United States.? The question] is even more important with respect to employers, since the' industries of the United States are so varied. Moreover, it may well be questioned whether an employer or an employee whose experience is limited to one particular industry can pass on questions that vitally affect the welfare of other industries. This is particularly so with such widely differing fields of activity as manufacturing, agriculture, shipping, land transportation and trade. At the General Conferences that have been held, questions affecting various industries have required decision. The Treaty has sought to meet this difficulty by providing that each delegate to the General Conference may be accompanied by not more than two advisers for each item on the agenda. Whether this arrangement can meet the difficulty indicated is open to 155 question. The matter is not, however, altogether an idle issue, since already the International Federation of Trade Unions has appealed to the trade unions to see that their representatives in the General Conferences shall vote together in the same manner on questions at the General Conferences, so that their solidarity may assure decisions favorable to the workers. Such a policy, while it may result in action favor- able to the workers, does not necessarily mean that the measures will be conducive either to national well-being or the sound development of industry. The trade union workers may more often be concerned with gains for the groups which they represent, than with other considerations. Point is given to this thought by an interview with a leading workers' representative in the International Labor Organization, Jan Oudegeest, who has taken an active part from the beginning in the Organization and is still on its Governing Body. Mr. Oudegeest is also Secretary of the International Federation of Trade Unions. Following his return to Holland, after participating in the General Conference at Washington, an interview with him was published in the Nieuwshlad van het Noorden in Amsterdam. Describing conditions in America, he stated that:^ Politically, America is about on the same level as we were in 1840; economically as we were in 1880. As regards their cultural life, they are about so far as we were in the eighteenth century. One gets more or less the impression that they still are in the after- math of the feudal days, when the tillers of the soil regarded the noble owners of the ground as the only things of importance in their lives. The only difference is that bankers and big business men have taken the place of junkers and barons. The general education stands on a very low level. One does not read. The newspapers give a remarkable picture of the state of education. They contain very much, but hardly anything worth reading. . . . . . . Wages are, in general, poor. What Europe thinks of that is entirely incorrect. There are some workers who get pretty fair wages; but these are what we would call "foreworkers." They must be capable to work with two or three helpers, toward whom they must act like slave-drivers, to get always more work out of them. But these helpers get much, much lower wages. They can only exist by working extremely much overtime. In America they work 14 to 16 hours a day, including Sundays, with the result that no laborer can last long, but is soon exhausted. And among oflSce help and civil service employees the same condi- tions exist. A good many of them work on Sundays in the oflSces of lawyers, etc., in order to earn a little additional pay. *See editorial by Samuel Gompers entitled. "European 'Squints' of America," in American Pidtrotiomst, May, 1920, pp. 443-446. 156 Such statements, which have no foundation, and which would appear to have no purpose except to stimulate legisla- tion and give appearance of a crusader's movement to the efforts to secure international labor legislation, cannot be designed to secure that good-will which the League of Nations and the International Labor Organization covet. The International Labor Organization and Industrial Unrest Finally, the main fact should not be overlooked that the International Labor Office was established essentially to improve labor conditions, to raise existing standards of labor legislation and to work for more humane conditions of labor. The Organization was ostensibly created to be a direct aid to workers in their efforts to improve their economic position, and its acts must inevitably be of such a nature as to be of special benefit to the workers. The process of continually taking from one group to add to the benefit of another, being essentially unsound, cannot in the long run be designed to develop most amicable relations between them. Moreover in the very nature of events the employers are continually put in a position where they must in the majority of instances oppose the demands of the workers' groups. The government representatives, being generally without industrial experience and without contact with practical business affairs, cannot be expected to decide in these questions with full appreciation of the economic factors involved or of the results that would spring from a particular decision. The tendency of the | International Labor Organization is thus in the long run to I greatly strengthen the position of the trade unionist and immediately to place the employer group in the position of ' obstructionists, a situation that cannot be expected to foster that spirit of economic justice and good-will which is enun- • ciated as the aim of the Labor Part of the Treaty. Summary It would appear, therefore, from the study of the Inter- national Labor Organization that its work is capable of both good and ill. That industrial Conditions in many countries should be improved and that they are capable of improvement 157 is not to be questioned. Whether the present state of men's ^minds is such as to secure the accomplishment of the purposes enunciated in the Preamble of the Labor Sections of the Treaty, and whether the existing International Labor Organi- zation is best suited for the purpose for which it has been established, is deserving of the careful and profound consider- ation of everyone who has the national and individual indus- trial welfare at heart. This is especially true in the United States where a policy of industrial relations, having its foundation in a different industrial-economic conception from that prevailing in Europe, is generally the rule. The policy in the United States favors maximum freedom for the individual to develop, and is generally opposed to state interference except where it is essential to the public welfare. It favors as a sound basis of employment the open shop policy, which, as defined by the Anthracite Coal Strike Commission of 1902-1903, rests on the ground "that no person shall be refused employment, or in any way discriminated against, on account of membership or non-membership in any labor organization; and that there shall be no discrimination against, or interference with, any employee who is not a member of any labor organization by members of such organization." Moreover, this policy believes in direct negotiation between employer and employee in the individual establishment, as against negotiation through third parties. This difference in policy, which may be said to constitute the difference in industrial philosophy of the United States and that of other countries, is of vital significance. To this philosophy may be ascribed, in large measure, the develop- ment of our industries to a position of commanding importance and social service, the better general economic status of the wage earner and the generally higher standard of living in the United States. It has its roots in the social structure of the United States as based on the fundamental concepts of our Constitution, and in our conception of the place and function of the individual and his opportunity for self-advancement. Individual rather than group or class consciousness may be said to be the distinct heritage of the United States. Participation of the United States in the International Labor Organization at the present time would lead to the 158 abandonment of our industrial philosophy. It would tend , to promote the development of industrial relations along lines similar to those now prevailing in Europe, and therefore be j a decided departure from the present industrial policy of the | United States, the effectiveness of which is being tested \ anew in this era of unprecedented industrial and economic readjustment brought about by the recent World War. The question therefore arises whether or not it would be a wiser policy to let these two industrial philosophies, that of the United States and that which may be characterized as the European, work out side by side unhindered for a sufficient time, so that it may be conclusively proved under which philosophy all those engaged in industry, and society as a whole, will best be served. 159 PUBLICATIONS OF THE NATIONAL INDUSTRIAL CONFERENCE BOARD (Prices given are for paper-bound copies; cloth binding fifty cents additional) Research Reports Research Report No. i. 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