fyxmll W^nivmii^ pitotg THE GIFT OF (A p^ M<^^ JS^yh^rjos, ...jiiMi Cornell University Library The original of tiiis bool< 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/cu31924055814465 scpplbmbn^ to the Aknals of thb Ambkican Academy op Political and Social Sciencb, "" January, igor. from: Yale University Lii: jyiASSACHUSETTS LABOR LEGISLATION AN HISTORICAL AND CRITICAL STUDY v> BY SARAH SCOVILL WHITTELSEY, PH. D. WITH AN INTRODUCTION BY ARTHUR TWINING HADLEY , Preiident 0/ YaU University. f PHILADELPHIA : AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE. QirOLAND : p. S. King & Son, 2 Great Smith Street, Westminster, I.ondon, S. W. France : I>. I.arose, rue SoufiSot 22, Paris. Gbkmany; Mayer & Miiller, 2 Frinz I.ouis Ferdi- nandstrasse, Berlin, IT. W. Italy : Direzione del Giornale degli Qcon- omisti, via Monte Savello, Palazzo Orsini, Rome. Spain : S. 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The Outlines of Sociology. By Iinplete List of Publications Sent on Application American Academy of Political and Social Science STATION B, PHILADELPHIA MASSACHUSETTS LABOR LEGISLATION AN HISTORICAL AND CRITICAL STUDY BY Sarah Scovill Whittelsey Ph. D. WITH AN introduction BY ARTHUR TWINING HADLEY President of Yale Unvoersify \ TABLE OF CONTENTS. Introduction. By Arthur T. Hadi,by, President of Yale Page. Univesrity 5, 6 Preface 7 Chapter I. Historical Sketch of the I/abor Laws of Massa- chusetts : Child Labor — Hours of Labor — Safety and Sanitation — Inspection — The Employment Contract — Wage Payment — Arbitration 9-34 Chapter II. Economic Effects : Effect upon Production- Effect upon Investment — Effect upon Wages — Effect upon Employment — Summary , 3S-69 Chapter III. Effects other than Economic : Health — Stand- ards of Living — Citizenship 70-78 Chapter IV. Massachusetts Labor Legislation Viewed from the Standpoint of Economic Theory : The Position of Government — Principles of Government Interference — Critical Review of Massachusetts Labor Legislation upon the Basis of the Study Presented 79-103 Chapter V. Summary and Conclusion 104-106 Appendixes: A. Table and Digest of Labor Laws . ... 107-143 B. Bibliography I45-I57 (3) INTRODUCTION. Amid the many things which are valuable in the earlier reports of the Massachusetts Labor Bureau, none possess more permanent importance than the dispassionate analyses of the eiifects of labor laws which were prepared by Colonel Wright and his associates. The investigation of the work- ings of the ten-hour law in Massachusetts mills is a historic example of economic study which is as good as anything of its kind that has been done in the United States. But in more recent years the work of the Massachusetts Bureau has run in somewhat different channels. It has been to some degree crowded out of the fields of legislative investiga- tion by the mass of purely statistical work which has been entrusted to its charge. And while the activity of its former chief is continued in his work as the head of the United States Bureau of Labor, the very breadth of the investiga- tions which he is conducting forbids that complete treatment of any one field of legislation which was possible in his earlier labors. Under these circumstances, the economic effects of Mas- sachusetts labor legislation as they had worked themselves out in recent years seemed an appropriate subject for a thesis for the degree of Doctor of Philosophy at Yale. In her treatment of this theme Miss Whittelsey has presented the subject under three distinct aspects: an analysis, a history, (S) 6 Annals of the American Academy. and a criticism. Her analysis shows what is the present condition of the Massachusetts statute books on the various subjects connected with labor. The history shows when these statues were passed, and what were the motives and causes which led to their passage. The criticism undertakes to show what have been the effects, economic, social and moral, of the various forms of statutory regulation. In a field of this kind it is hardly to be expected that the results will be startling. If they were, the method and the impartiality of the thesis would be op^n to great distrust. It is for the serious student of legislation rather than for the doctrinaire or the agitator that a painstaking criticism of this kind is intended. It has special value at the present day, when so many other states are following the example of Massachusetts in this line, and when there is a tendency to introduce similar methods of regulation into other depart- ments of economic life besides those which are involved in the contract between the employer and the wage earner. Whether this tendency is to be regarded as a good or an evil thing is a matter of opinion on which thoughtful men differ ; but there can be no question among thoughtful men of all parties that the maximum of good and the minimum of evil are to be obtained by studying dispassionately the results of past experience before we make experiments in new fields. Arthur T. Hadley. Yale University. PREFACE. In labor legislation Massachusetts leads American experi- ment and calls upon sister States to follow her example. Does her accomplishment warrant this? The question is of practical moment, and oflfers the student of economic theory an attractive field for scientific investigation. In how far has this legislation been in accordance with the teachings of economic theory? It is the object of the present work to state such facts in regard to the history and effects of these laws as could be disentangled from the network of party strife that envelops the subject; to review them critically, and, guarding against the inaccuracy of too sweeping generalization from limited data, to draw such conclusions as are warranted by the study presented. The special thanks of the writer are due to the Hon. Car- roll D. Wright for courtesies extended ; to President Hadley, Mr. F. J. Stimson, of Boston, and the Rev. Newman Smyth, of New Haven, for their valuable assistance in advice and criticism ; and to others for their kindness in aiding to secure material for the work. (7) CHAPTER I. HISTORICAL SKETCH OF THE LABOR LAWS OF MASSACHU- SETTS. Child Labor — Hours of Labor — Safety and Sanitation — In- spection — The Employment Contract — Wage Payment — Arbitration. Before 1830 there were no distinct labor laws in Massa- chusetts. The laws enacted from 1830 to 1867 were avow- edly faulty, hastily constructed, and unenforcible as placed upon the statute books. They seem to have been intended rather to still the clamor of labor agitators — then forcing the claims of labor upon public attention — than as any serious effort to correct the evils in the labor situation. In reading them, one is painfully impressed by the too evident lack of any earnestness of purpose or care in their formulation. Lest, however, the rigor of these statements meets with ob- jection, let us call in evidence the enactments themselves. Early Child Labor Laws. Child labor, here, as in England, was the first aspect of the labor question to receive attention ; nor does it need argu- ment to convince that the conditions which prevailed de- manded reform. (9) lo Annals of the American Academy. In 1836 an act (c. 245) was passed concerning the em- ployment and schooling of laboring children, which was suc- cessively amended in 1838 (c. 107) ; 1842 (c. 60) ; 1849 (c. 220); 1855 (c. 379), and 1858 (c. 83), and embodied in c. 42 of the General Statutes. This provided, in outline, as follows : ^ Three months of schooling shall be given to children under fifteen years of age in manufacturing estab- lishments, the employer being under a penalty of $50.00 fine for violations (1836, c. 245). A sworn certificate of school attendance shall release him from this liability (1838, c. 107). Children under twelve years of age shall not be employed longer than ten hours a day. The School Com- mittee shall prosecute violations of the child labor laws (1842, c. 60). In 1849 (c. 220) the annual schooling re- quirement, was eleven weeks, which was increased to eigh- teen in 1858 (c. 83). Also as the pre-requisite of employ- ment the child must have passed the prescribed period in the schools "during the twelve months next preceding" the time of employment. Although this clause was stricken out by amendment (1855, c. 379) it appeared again in the Gen- eral Statutes, which at the same time omitted the provision concerning certificates, a significant illustration of the care- less fashion with which these laws were habitually treated. That such codification or omission from the codification made the slightest practical difference the reader is not to suppose, for in either case they were simply dead letters upon the statute books and stood at best for the ineffectual recog- nition of a social need, a cold statement of prevailing social sentiment. Law of 1867. — Even at a time when more attention was given to these matters, we find laws almost as faulty as their less earnest predecessors. A measure was passed in 1866 concerning the employment of children, but was soon modified by lessened requirements in 1867 (c. 285). This latter act long stood as "the sole factory law of the common- I Cf. Digrest : Child Labor, Age and Education. Child Labor Law of 1867. 11 wealth," and is worthy of study as a sample of the "im- proved" legislation of that day. It provided, (i) that no child should be employed under the age of ten years ; (2) that if employed between the ages of ten and fifteen years, the child should have had at least three months' schooling during the preceding year, if he had lived within the state dur- ing the preceding six months; (3) that no child under fifteen years should be employed longer than sixty hours in one week. The law applied to manufacturing and mechan- ical establishments, and was enforcible against "owner, agent, superintendent or overseer" who "knowingly employs or permits to be employed," and against "parent or guardian who allows or consents." A penalty of $50.00 was imposed for violation, and the constable of the commonwealth was re- quired to detail one deputy to enforce the law. "The gather- ing of valuable information and preparation of statistics" was "the chief duty of this special deputy" according to the constable's next report. This law thus gave no power, ( i ) to secure evidence ; or (2) to enter where refused. (3) It contained no provision for prosecution; (4) It provided no means for determining age or school attendance ; (5) It specified by title parties liable, in such a way that, by proving himself only a "contractor," a guilty employer escaped penalty ; ^ (6) It left an open way of escape also through the word "knowingly" ; (7) It detailed a force (one deputy) entirely insufficient to the task of inspection and enforcement. If proof, beyond the reading of such a law, were necessary to indicate its uselessness, it is not lacking in the reports of the new Bureau of Statistics of Labor (1870), where it is plainly called a "dead letter" (p. 197). There is much evidence from other sources to corroborate the statement. Evidence of the viola- > Report of tlie Massachusetts Bureau of Statistics of ]>bor, 1870, pp. 137, 158. 12 Annals of the American Academy. tion of "all" provisions of the law was submitted in quantity to the legislature, but no case of successful prosecution was found. In 1873 the complaint went forth : "We permit by sheer and unpardonable neglect an educational compul- sory law to go wholly unenforced, and we elevate to the position of law-makers some who are law-breakers of the very statute, now become a statute of words only, with its provisions neglected and its penalties disregarded." ^ Ex- ceptions of conformity at Fall River, Salem, New Bedford and Springfield are noted with cheerfulness. No decisive action, however, was taken for some years. Hours of Labor. Meantime discussion of the situation was becoming more general. Labor leaders were vociferous and presented many bills, not only for reform in the administration of existing law, but for further restrictions. There was especially a strong agitation for curtailment of the hours of labor for women and minors. In answer to this constant importunity, commissions were appointed, in 1865 and 1866, to inves- tigate the subject of hours of labor in relation to prevailing conditions among the working classes. These reported against a short-hour measure, and the only concession made to the demand for reform was the establishment of the Bureau of Statistics of Labor in 1869. The appointment of such a bureau had also been the recommendation of previous commissions. Ten-hour Law of 1874. — Not until 1874 did the move- ment for shorter hours issue in the enactment of the ten-hour law (1874, c. 221). This limited the labor of women and minors (under eighteen years) to ten hours per day, ex- cept to make good time lost in a stoppage for repair within the same week, or when it was designed to give one short day's work. In no case were hours to exceed sixty per week. It applied to all manufacturing establishments, and willful 1 Report of the Massachusetts Bureau of Statistics of Labor, 1S73, p. 387. The Ten-Hour Law of 1874. 13 employment — or acquiescence in the employment — of such women or minors, in violation of the statute, was punishable by fine ($50.00), upon prosecution within a year. Appar- ently experience had not taught its lesson yet. The law of 1874 was "practically not in operation until 1879, when the word 'willfully' was stricken by c. 207 of that year." ^ Again, though effort was made to prosecute offences — especially in several cases at Fall River — corporation 'law- yers found numerous reasons why complaints, as drafted, should be quashed, and purely formal arguments were sus- tained by the courts in the face of the best evidence of viola- tion. ^ Lawyers interpreted the law as satisfied by sixty hours per week, regardless of how hours per day were dis- tributed, and this added greatly to the difficulty of collect- ing evidence. It was impossible for any inspector to watch any woman for the whole of a week, and unless her own tes- timony corroborated, and filled out the time between the hours at which he had seen her at work, the case was lost. Sometimes, however, convictions were given upon such testi- mony. ^ The fact is constantly brought out in the inspec- tor's reports, that a large number of operatives habitually ignored the law, which was framed for their benefit and at their request. Many of them steadily refused to give in- formation or testimony touching violations. Ways of evad- ing requirements were numerous. The time devoted to starting and stopping machinery was absurdly prolonged. Again, where a factory ran an eleven-hour day, each woman and child was required to leave for half an hour in each half day, but her neighbor tended two sets of machinery during her absence — "doubling up," this was technically called. ' Interaational Association of Factory Inspectors, Report of Convention, 1894, p.65. * The Statute of 1874 (c. 221), as amended by the Statute of 1880 (c. 194), applies only to persons who are " permanently therein (in the establishment) employed." Complaint agfainst a manufacturing corporation for violation in employing a cer- tain woman, without having posted a printed notice in a conspicuous place in the room in which she was employed stating the number of hours' work required of such persons on each day of the week — considered insufficient. Commonwealth V. Osborn Mill, 130 Mass. 33. ' Mass. Department of Police Report of 1S94, Inspection, p. 65. 14 Annals of the American Academy. Amendments. — To meet these evident defects in the opera- tion of the act, a series of amendments were passed. In 1879 (c. 207) the word "willfully" was stricken out. In 1880 (c. 194) the posting of notices, stating daily hours of work, etc., was required, but this met with still further difficulty. Forms were, therefore, given out later from the police department (1886, c. 90) which required the additional statement of time allowed to start and stop machinery and time given for meals. These notices were also ordered to be posted in conspicuous places in the workrooms. The necessity of more definite form and placement of notices had been made evident. For example, an early notice had been found illegibly written — without break be- tween the words — on a card four or five inches square, and placed over the doorway. This was a compliance with law apparently considered to be a good joke on the inspector by the witty employer. A few similar cases publicly ad- vertised — names and . all — in Boston newspapers did more than successful prosecution to enforce these measures, not in themselves burdensome. The clause which required notices to include the time given to start and stop the ma- chinery, however, proved worse than useless as an aid to enforcement. It made nothing more definite, and really gave encouragement to the abuse it attempted to check. This very grave defect was speedily remedied by the amendment of 1887 (c. 280), which required the statement of "the hours of commencing and stopping work, hours when time for meals begins and ends, or if exempted (St. 1887, c. 215)^ the time, if any, allowed for meals." In another clause also this act struck a telling blow at an evasion which had taxed the vigilance of the inspectors. The most trivial accident to ma- chinery which, in itself might not have entailed appreciable loss of time had again and again been made the pretext for much lengthened overtime employment. This amendment, permitting overtime only when the stoppage lasted thirty > See Digest : Hours of I,abor, Meal Honrs, Hours of Labor 1883-1900. 15 minutes or longer, and after a full, written report had been sent to the chief of police or inspector, brought the case to the attention of officers before violation was likely to be at- tempted, while the sinner who still evaded by rendering a false report had to face a more severe penalty if detected. In 1883 (c. 157) the law had been extended, by amend- ment, to "mechanical and mercantile establishments," and hours of labor were again regulated in mercantile establish- ments by c. 275 of 1884, which also required posted notices and certificates showing the age of children employed. In 1887 (cc. 215 and 330) meal hours for women and minors were carefully and, as it has proved, successfully regulated. The law of 1888 (c. 348) added a new restric- tion to prevent night work by children under fourteen years of age (from 7 p. m. to 6. a. m.), and an act of 1890 (c. 183) extended a similar measure to women and minors (10 p. m. to 6 a. m.). Again in 1892 (c. 357) the hours of labor for women and minors in manufacturing and mechanical establishments were cut to fifty-eight per week, and the same reduction in hours has since been extended to those employed in mercan- tile establishments, with the reservation that the restriction shall not apply in retail shops during the month of De- cember (1900, c. 378). A recognized legal form of complaint, adopted in 1892 (c. 210), also greatly facilitated prosecution for offences and made the law "comparatively easy to enforce" and "generally obeyed." ^ Having so far digressed into the subject of hours of labor, it may be well to insert here the few other acts which relate thereto. State Nine-hour Day. — In 1890 (c. 375), a nine-hour day was enacted for employees of the Commonwealth, which was extended to counties, cities and towns in 1891 (c. 350), and > International Association of Factory Inspectors, Report of Convention, 1894, p. 66. i6 Annals of the American Academy. in 1893 (c. 406), to all manual labor under contracts made by, or on behalf of, the Commonwealth. The later stat- ute of 1899 (c. 344) curtailing hours to eight per day, is optional, being dependent upon acceptance by a majority of the qualified voters of the town or city. Street-car Hours. — In 1893 (c. 386) a special restriction also reduced hours for street-car conductors, motormen and drivers to a daily service of ten within twelve consecu- tive hours, and required that extra time — ^allowed on ex- traordinary occasions, such as holidays, etc. — should receive extra compensation. Later Child Labor Laws. Age and Schooling. — To return to the legal requirements concerning age and schooling of children. In 1876 (c. 52) the worthless "law of '67" was put aside in favor of a new one of the same tenor. This substituted twenty weeks for the three months' schooling requirement for children under fourteen years of age, and called for a certificate of school attendance as evidence. Children under ten years were of course barred from labor, as before. The law was made to cover mercantile and mechanical establishments as well as manufactories, and truant officers were assigned the duty of visiting these establishments and of reporting violations. In 1878 (c. 257) certificates of birth and age of youths under sixteen years were required to be kept on file with the school certificates of those under fourteen. No children of school age were allowed to be employed during periods of public school session, unless they could both read and write English, and had received twenty weeks' schooling "during the year next preceding employment." The am- biguity of the wording of these laws gave inspectors much trouble, for the "year" was variously interpreted to mean school year, calendar year, or last twelve months and, since no special form of school certificate was prescribed, the most Educational Requirements. 17 inadequate and useless statements were submitted in good faith. For example the following enlightening information was thus collected : 1879. This certifies that has complied with the law in regard to school attendance as I understand it. Chairman School Committee. The person who signed this certificate evidently did not understand the law and probably meant to say so. Another certificate reads as follows : 1879. This certifies that the following-named children have at- tended school the time required by law. Chairman School Committee. Then follow the names of thirteen children employed in the mill, some of whom proved to be under ten years of age. Another certificate says that " has been to school to me one year and a half and has been a good boy." These certificates were not exceptional. Hundreds of similar ones were found on file all over the state. Evasion of the law by parents was very common and difficult to provide against. One very successful way of ob- taining the certificates desired was by persenting one child of the family — who was of age and description to pass the requirements — twice, at a sufficient interval, and so to take out two certificates under different names, — one to be given to the younger sister. ^ The enforcement of the educational provisions was also most discouragingly hindered by the growing numbers of > International Association of'Factoiy Inspectors, Report of Convention, pp. 67,68. l8 Annals of the American Academy. French-Canadians and other foreigners entering Massa- chusetts factories. ^ This, and the better statistical returns, probably account for an apparent increase of illiteracy among minors over fourteen years of age, which was noted in the early eighties. Again, in connection with these school laws, we have con- tinued efforts to strengthen weaknesses, and to build up guards against the constant and costly leakage. A form of certificate was ordered to be prescribed by the State Board of Education, and to be approved by the attorney- general (1880, c. 137). Employment of those under twelve years during the hours of public school session was for- bidden ( 1883, c. 224) . And, since much practical difficulty was experienced in enforcing this hour requirement, days were substituted for hours, and no such employment was permitted at all during days of public school session (1885, c. 222). Again, by c. 433 of 1887, every person who "regularly" employed a minor, of one year's residence in the State, un- able to read and write English, yet not a regular attendant at day or evening school, was held liable to fine ; subsequently (1891, c. 317) the word "regularly," another of those loop- holes left by the careless legislator, was stricken out. At the same time (1887, c. 433) provision was made for the is- suance of special certificates by the School Committee — for fixed periods of time — in cases where the strict observance of law worked hardship. The Committee was also required to post in three public places, a two weeks' notice of the opening of each term of the evening school. The public and evening school requirement was again and more clearly de- fined in 1889 (c. 13s) . It was chiefly for the benefit of these illiterate working minors that the duty of maintaining even- ing schools was originally imposed by statute upon every city of 10,000 inhabitants. Notwithstanding these improvements, inspectors still com- > Massachusetts Department of Police, Report of 1882, Inspection, p. 20. Child Labor Laws i888-i8go. 19 plained that, in spite of certificates duly signed and re- ligiously kept on file, children often appeared undersized for the age given. ^ The law was no sufficient check upon false statements by parents, and truant officers gave the matter little attention. Enactments, in 1888 (c. 348), raised the age limit to thir- teen years ; limited night work, as noted above ; gave power to the chief of police, with approval of the governor, to for- bid employment of children under fourteen years in urn- healthy occupations ; dictated a legal form of school certifi- cate, and employment ticket, which must be presented be- fore the certificate should be signed; prescribed means of verifying statements of parents concerning age, etc., by» reference to school census or papers of birth and baptism;, and punished false statements with fine or imprisonment. Still there was trt)uble with certificates. Employers often retained them when dismissing children, some thus se- curing a goodly stock against a time of need, until it was expressly stated, as a law with a penalty, that such certifi- cate was the property of the child to whom it had been granted, and must be returned upon discharge (1890, c. 299). Abuse in granting special permits to work also called for another clause appending a requirement of evening school attendance during such special employment, unless a phy- sician's certificate showed physical inability to both work and study (1890, c. 48). Other child-labor laws further limit their employment in particular occupations. Peddling and Begging. — In connection with the body of license laws, c. 50 of the General Statutes incorporated a provision which authorized the mayor and aldermen or selectmen to restrict or license sales by minors. " This measure, however, waited twenty-five years for the needed • Massachusetts Department of Police, Report of 1887, Inspection, p. 63. ' See also Public Statutes, c. 68, sec. 2. 20 Annals of the American Academy. reinforcement of a law which should hold those controlling or using children to beg or peddle responsible and penalize violations; while it was not until 1892 (c. 331) that the fact of independent violation by minors was recognized and dealt with by the direct imposition of a fine upon the young offender. The headlong haste of these enterprising young business men, who wished to be first to bring their goods to a promis- ing market, so often resulted in dreadful accidents to chil- dren who attempted to board street-cars, that an act was at last passed forbidding street-railway corporations to allow children under ten years of age to enter their cars for the purpose of peddling papers or other articles ( 1889, c. 229) . In Circuses, Shows, etc. — In another field of at least equal importance statutory regulation was tardier. In 1874, 1877 and 1880 laws were passed prohibiting license to circuses, shows, etc., where parts were taken by children under fifteen years of age (1874, c. 279), and "belonging to the public schools," when "in the opinion" of the board of licensers, such occupation endangered their moral or physical health (1880, c. 88). Persons controlling these children were bound to an observance of the law under penalty of $200.00 fine, or six months' imprisonment (1877, c. 172). Not to Operate Elevators. — In factories, or elsewhere, children under fourteen years of age must not clean dan- gerous machinery in motion or dangerously near to moving machinery ( 1887, c. 121 ) . And again, the custody or opera- tion of an elevator cannot be entrusted to minors under fifteen years ( 1890, c. 90) . We thus reach at last the codification of this body of laws in 1894 (c. 508), "an act regulating the employment of labor," which is substantially the law of to-day. The Statute of 1898 (c. 494) is in the main a restatement of the provisions of c. 508, of 1894, except that it raised the age limit, debarring from employment in factory, workshop and mercantile establishments all children under fourteen Safety and Sanitation, 21 years of age, and imposed somewhat stricter conditions con- cerning certificates. So greatly had child labor already been reduced by the forerunners of this law, however, that Chief Wade estimates that its enforcement has displaced less than one hundred children. ^ Safety and Sanitation. Conditions of safety and sanitation, as affecting labor, were not so early forced upon the attention of legislators. To-day, however, their regulation constitutes one of the most important chapters in the labor legislation of the state. It was again labor agitators who first demanded action in this field. In 1874 the Bureau of Statistics of Labor made an investigation of the general provisions concerning safety, ventilation, etc., found in Massachusetts factories and considered it an appropriate field for legislative inter- ference, ^ while the reports of factory inspectors drew attention to the large number of accidents occurring, which might have been prevented by the proper protection of ma- chinery. The first enactment was in 1877 (c. 214). It required dangerous machinery — belting, gearing, etc. — ^to be guarded ; allowed only engines to be cleaned while in motion; and exacted the provision of stairways, fire-escapes, ap- paratus for extinguishing fire, doors opening outwards, and passage-ways kept clear of obstructions as preparation for the possible contingency of fire. Without entering into details of these laws — ^which can be more profitably studied directly from the summary and table given below * — their general course of growth may be indicated as follows : The requirements became continually more explicit and ' Massachusetts Department of Police Inspection, 1899, Report of, p. 15. > Report of the Mass. Bureau of Statistics of I,abor, 1874, pp. 112-156. ' See Appendix ' 'A." 22 Annals of the American Academy. stringent concerning the guarding of machinery, mode of egress, etc. Building certificates guaranteed more careful plans. Explosives obstructing ways and dangerous in case of fire were expressly dealt with in c. 137, Act of 1881. The too common habit of locking doors during the hours of labor was forbidden (1884, c. 52). Communication with the engine-room by bell or tube (1886, c. 173), or by ap- pliance controlling the motive power (1890, c. 179), was exacted to provide against accident. Safety appliances were required for elevators, and where such were unsatisfactory to inspectors, the latter were ordered to post placards for- bidding their use. Also, as already noted, children were for- bidden to operate elevators (1890, c. 90). The extension of these laws was urged, and aided in the accomplishment of practical results, by a continuous stream of common-sense criticism from all sides. Suggestions from inspectors especially, have not only brought out minor dif- ficulties in the laws as passed, but have had some value in pointing out other dangers to be guarded against. A recent development of life-protective regulations has been the provision of inspection for steam boilers and engines and the requirement that engineers and firemen who operate these shall be duly licensed. Statutes requiring license for the erection and use of furnaces, engines and boilers are, of course, of long standing in the Commonwealth, and the power to inspect these at will was also early bestowed upon the mayor and alderman or selectmen (1852, c. 191, and 1859, c. 259). Their growth was, however, very slow and their effectiveness limited. The statutes of 1895 (cc. 418 and 471) materially altered the situation. These transfer the re- sponsibility of inspection from city officials to the state in- specting department, to which men specially fitted for the duties have been appointed ; require the owners of an unin- sured steam boiler to report its location and to hold an in- spector's certificate testifying its condition to be satisfactory, and require the examination of engineers and of firemen be- Tenement Workshops. 23 fore the license is issued to them, without which they may not operate any plant. ^ Special laws concerning cleanliness, general sanitation and ventilation of factories and workshops were also enacted, for the better health of operatives, in 1887 and 1888 (c. 103 and c. 305). These, at first concerned only with manufac- turing establishments, were later extended, in so far as they were applicable, to mercantile and other industries. Tenement Workshops. — Especially important is the present movement to regulate conditions in workshops where clothing is made. In addition to the ordinary re- quirements of the general sanitary laws concerning tene- ments, the Acts of 1891 (c. 357) and 1892 (c. 296) were passed especially to choke a growth which threatened to develop into that dread disease, the sweating system. These laws defined the workshop as "any house, room or place used as a dwelling and also for the purpose of making, altering, repairing or finishing for sale any ready-made coats, vests, trousers or overcoats, except by the family dwelling there"; and required the proprietor of such a shop to notify the chief of police of its location, of the na- ture of the work done, and of the number of his employees, in order that such premises and the garments made there might be kept under strict surveillance. It is perhaps need- less to say that this invitation to advertise their business was not accepted by some of the more retiring employers, and a time consuming game of hide and seek has varied the routine of inspection. The law insisted that tenement-made goods should be labeled, and punished by a heavy fine any person "knowingly" ofifering such for sale unlabeled or falsely labeled ; it also attempted to guard against the ship- ment to Massachusetts of infected or unclean clothing. ^ Subsequent amendments made definitions clearer and re- quired workers to obtain licenses from the police department > For exceptions see : Digest, Safety and Sanitation ; Boilers, s See Digest : Sanitation, Tenement Workshops. 24 Annals of the American Academy. before receiving employment. The Act of 1898 (c. 150), which is chiefly a restatement of those which went before, modified them very considerably in one point, that it pro- hibited work upon wearing apparel intended for sale "in any room or apartment in any tenement or dwelling," "except by the family dwelling there," while any family desiring to do this work must first procure a license, employers being forbidden to contract in any way with unlicensed workers. Exception was made in the case of a room or apartment "which is not used for living or sleeping purposes" nor connected with one so used and to which there is a separate outside entrance. In the enforcement of these measures, the inspection de- partment receives the co-operation and support of both state and local boards of health. Inspection and Enforcement. Concerning the enforcement of the factory laws, the varied and contradictory statements made in the reports of inspec- tors form an interesting, if not overprofitable, study. It may be taken for granted that the number of cases of viola- tion are not there overstated. Already, in our review of the statutes themselves, the chief points of difficulty have appeared somewhat in the amend- ments and extensions made. It must also be borne in mind that the enforcement of the earlier laws was much hindered by the insufficient number of police detailed to the work. At first the unreliable mechanism of truant officers and local town or city officials was solely depended upon for in- spection. Then, under new child-labor statutes, a single deputy was in each case detailed by the police department to aid enforcement (1866, c. 273; 1867, c. 285). The law of 1877 (c. 214), increasing the duties of factory inspection by regulations looking to the safety of employees, provided that members of the state detective department should act as inspectors of factories and public buildings, to report and Inspection and Enforcement. 25 prosecute violations of this act as well as of other measures relative to the employment of women and minors. At the same time the power was bestowed which had long been sorely needed, — the right to enter and examine as their duties might require. It was however still claimed, with good reason, that it would take this force at least three years to visit Massachusetts' manufacturing and other establish- ments as required by law. ^ In 1879 (c. 305), the governor was authorized to appoint two regular inspectors from the police department. Better administration was finally secured in 1888 (c. 113), by separating the detective and inspection forces — ^the in- spectors then numbering ten. Since this date successive ad- ditions have raised their number to twenty-five. Their work is now apportioned by districts ; and four inspectors, of whom two are women, are reserved for special duty as de- tailed. With the enactment of stringent steam-boiler inspec- tion laws, a new department of boiler inspectors, now num- bering ten, was created. Civil-service examinations became a requirement in the departments when Massachusetts gov- ernment service in general fell under such regulation, so that the governor now makes his appointments from among those candidates who have successfully passed the prescribed examinations. In early reports ignorance of the law, especially among local officials, was a common complaint. Cases, where re- strictions upon child labor worked hardship, drew forth petitions for exceptions from city authorities and Boards of Charities. ^ At a time of business depression ( 1877) it was candidly admitted "I have made no effort to enforce this law (ten-hour law of 1874), contenting myself with notifying parties working over hours that they were liable under the law^ There are scattered complaints of inattention, lax administration, "gross neglect," etc., on the part of truant of- > Massachusetts Department of Police, Report of 1878, Inspection, p. aS. ^ Ibid., -p. 29. s Ibid., 1877. p. 21. 26 Annals of the American Academy. ficers. In 1880 the chief rather ruefully remarks, "it would afford me great pleasure if I could truthfully state that I found the laws relative to the employment of children in manufacturing establishments generally complied with." Yet the very next year, in another connection, such general com- pliance is broadly stated as already a fact ( 1881, p. 7) . There seems to have been considerable difference in this matter between districts, compliance being more general where manufacturing interests were larger, richer and less pressed by competitors. Notwithstanding discrepancies, such as the instance just noted, the reports, studied in succession, with special refer- ence to the decrease in non-conformity, give sufficient evi- dence of progress. Whereas in 1880 it was still "a common thing to find children under ten years at work in mills," within the decade such labor was reduced to comparatively few cases of viola- tion, which grow steadily less. Even as regards school certificates there is general compliance to-day, and only scattering complaint. Some foreman has put children to work on promise of certificates not then presented; he also employs without certificates in vacations ; some children still pass under false ages ; a few illiterate minors have been found. ^ That there is a growing appreciation of the importance of the educational requirements is certainly indisputable, and it is Chief Wade's testimony that "no provision of the law in relation to children is more faithfully observed by em- ployers than those requiring school attendance, and certifi- cates to establish the fact." ^ Personal investigation in numerous factories, mills and shops has convinced the writer of the substantial accuracy of this characterization. Enforcement of the short-hour laws met with much more open and decided opposition. Men who would have felt it ^ Massachusetts Department of Police, Report of 1S97, Inspection, p. 198. ' Ibid., 1899, p. 9. Enforcement of Ten-Hour Law. 27 a shame to humanity and citizenship openly to oppose their penny's gain to just health and schooling requirements for children, here planted themselves firmly on grounds of eco- nomic necessity. The strongest possible interests ranged themselves against the ten-hour law. Passed in 1874, the clause making willful violation alone punishable, vitiated its usefulness and left it little more than a threat, until the clause was stricken out, as already noted, in 1879. Then followed years of struggle in the courts and of greater struggle in the factories to obtain evidence from fearful or unwilling employees. Once in possession of such data, however, the amended law insured success to prosecu- tion. Indeed it became only necessary to convince the em- ployer that any evidence for prosecution was in hand to persuade him to compliance without process of law. We may concur with the statement of the chief constable, made in 1883 : "It is certainly creditable to the managers of these vast industrial interests, that they have so generally com- plied with the statute ^ which has no parallel in the legisla- tion of adjacent states." ^ There is abundant evidence that the sixty-hour law had become a custom, hardly needing the inspector's supervision, well before the enactment of the fifty-eight-hour law. In itself, the very passage of that measure argues that the sixty- hour limit was no longer seriously opposed. Concerning this reduction also the report of 1897 affirmed that very few factories were working women and minors the full time allowed by law and that many notices called for "from two to four hours less." * This may have been due in part, of course, to the business depression. Measures for safety and sanitation in factories and elsewhere met, from the first, with readiest acceptance. Early inspection on these lines found an appalling neglect of precaution, and there was a good deal of grumbling at the 1 Ten-hour law, Public Statutes, c. 74, J§ 4-5. ' Massachusette Department of Police, Report of 1883, Inspection, p. 16. » Urid., 1897, p. 89. 28 Annals of the American Academy. requirements of old-maidish inspectors, who were often called upon to show much ingenuity to prove to skeptical proprietors that their "impossible orders" could be carried out. Such difficulties are, of course, still to be found in cases of old buildings, but compliance, so far as practicable, is general. The steady decrease of accidents from un- guarded machinery is strong proof of this. All inspectors report factories to be in predominantly "good" sanitary con- dition. It is claimed that Massachusetts legislation and in- spection in this regard are superior to England. The most difficult task undertaken on these lines, and one hardly old enough yet to be justly criticised as ill-en- forced, is the regulation of the tenement workshop. It was a tribute to the vigilance of inspectors that the special in- vestigations made in 1898, by the Boston branch of the Consumer's League, resulted in convincing that body that the laws there were pretty well enforced, and that conditions compared especially favorably with those in New York. It is curious to note the attitude of employers towards these labor laws. Invariably offering persistent oppo- sition to the enactment of each new measure, even to the first safety requirements; they, nevertheless, fall one after another into line and obedience. Inspectors constantly at- test their "cheerful spirit of compliance," and their general courteous treatment, even before the law gave inspectors explicit power to enter, investigate, etc. The Employment Contract. We have noted, in connection with the passage of the above measures, the presence of an organized body of labor strong enough to make its opinion respected by legislators. The Labor Union was indeed the antecedent cause of much of the labor legislation of the state. As labor began to assurne pretensions to organization, various unions sought to gain legal status through the special charters then granted at the option of the government. This The Rights of Labor. 29 cumbrous method finally gave place in 1888 (c. 134) to a general law allowing the labor union to acquire the rights of an incorporated body. During the whole course of this development, from the early, struggling, unrecognized gatherings of workmen to this later-day trade union, the interest and endeavor of labor organizations have been to win for labor recog- nition and protection under the employment contract. Not to education, nor to regulated hours, nor even to pro- visions for safety and sanitation has the adult male laborer put forth any claim, but solely to his rights under the labor contract. For these he has fought again and again. To protect the individual, the law of 1875 (c. 211) forbade trade unionists to seek to prevent the employment of those not of their number; as did c. 330 of the Acts of 1892 the intim- idation of workers by employers who desired to prevent them from joining labor organizations. The worker's entire free- dom in voting was also early guarded (1849, c. 321) ; and time to vote assured to him (1887, c. 272). The question which to-day stirs most discussion is the extent of the right of an employee to exact damages for bodily injuries sustained in service, or of the employer's lia- bility. The right of an employee to recover such compensation rested until 1887 solely upon the provision of the Common Law that a master is liable to his servant "only for his own negligence, and may relieve himself from liability by stipulat- ing in an employment contract that he is not chargeable for injuries resulting from defects of machinery, etc., or by giving express notice of risks. He cannot, however, so excuse his own culpable negligence." ^ There is a penalty upon total disregard of the safety of workers. In very many cases special contracts, exempting the em- ployer from liability, were successfully used, until they were declared void by an Act of 1877 (c. loi). Cases of similar ' W. I. Taylor, Employer's Liability, pp. 27-28. 30 Annals of the American Academy. contracts, however, appear much later than this date, espec- ially in out-of-the-way districts, where the ignorance of all parties effectually protected the employer. In 1882 the Bureau of Labor was directed to investigate the question of employers' liability, and to report as to the necessity of legislation upon that subject in Massachusetts. The report made was substantially in favor of the enact- ment of measures similar to those of English laws. No ac- tion, however, was taken. In 1886 (c. 260) a report of accidents occurring in fac- tories or manufacturing establishments, and causing death or four days' detention from work, was required to be sent to the district police. Later (1890, c. 83) the regula- tion was extended to mercantile establishments and the chief of police was required to return written acknowledgment of the receipt of such report to the sender (1894, c. 481). The records annually published have since 1886 told a tale of grewsome interest. They expose an astonishing carelessness to danger on the part of workers, but they also teach in a most practically forcible way where the chief dangers to be guarded against lie. It is reassuring to note that succes- sive reports show a considerable decrease in the number of cases where due protection might have prevented injury. It can hardly be said that the long-striven-for statute de- fining the employer's liability for injury to his employee was, in the form in which it issued forth in 1887 (c. 270), alto- gether satisfactory to its originators. It provided that if an employee himself "exercising due care and diligence," be injured (i) through machinery defective on account of neg- ligence of the employer, or his agent appointed to keep it in repair, while the employee was either ignorant of the defect or had given warning concerning it ; (2) through negligence of the superintendent; or (3) through the negligence of one "in charge or control of any signal, switch, locomotive en- gine or train upon a railroad," the employee or his legal rep- resentative "shall have the same right of compensation and The Employers' Liability. 31 remedies against the employer as if he had not been an em- ployee." In case of instantaneousdeath,thenextof kin,"if dependent upon the wages of the deceased," may maintain an action for damages, as though the deceased had consciously suffered and not died instantaneously. The maximum damages al- lowed are $4,006, or in case of death, which includes injury, $500 to $5,000, according to the culpability of the employer, and also with regard to the proportion which his contribu- tions may bear to the whole of an employee's benefit fund. An amendment in x888 (c. 155) also requires notice to be given to the employer signed by, or on behalf of, the injured man, such notice to be served, in case of death, by the ad- ministrator. Wages. Another most important item in the balance sheet of the employment contract is the rate of wages. On the side of wage protection there at once rises to mind the great mass of special wage lien laws, and exemptions of wages from at- tachments, taxes, etc. Such laws, in varying form, are of old standing and well-nigh universal; they serve simply to guarantee to the laborer wages rightfully earned, and do not claim our attention in the present study. Laws of more importance for the economist to investigate are those which stipulate the period of payments, regulate fines, conditions of forfeiture, etc. Among the earliest of these laws was one enacted in 1875 (c. 211), which provided that in any manufacturing estab- lishment where the laborer was required to give notice before leaving under penalty of forfeiting any part of his wages earned, a similar penalty should be enforcible against the employer discharging without notice, except for incapacity or misconduct, or in case of a general suspension of labor, an exception which was stricken out in 1895 (c. 129). 32 Annals of the American Academy. It is stated that the demand for weekly payment originated about 1875 among the Fall River Unions, where the con- cession was refused by employers. These Unions did not rest until they had carried their object to fulfillment through the acts which now impose such payment upon all corpora- tions and certain specified occupations. The first law, that of 1879 (c. 138), applied only to city laborers. It was extended in 1886 (c. 87) to certain cor- porations, amendment after amendment steadily widening its scope until it became applicable to cities, municipal corporations, and incorporated counties, and, with limitations, to "any person or corporation in any manufacturing busi- ness," to "contractors," to those engaged "in any of the build- ing trades, in quarries or mines, in public works, in con- struction or repair of railroads, ' street railways, roads, bridges, sewers, gas, water or electric-light works, and in laying pipes or lines." ^ To-day, therefore, this regulation affects a majority of the employees in the state. Complaint of violation may be brought by the chief of district police or the inspector, and the only allowed defence is absence of, or claim against the employee; actual tender refused ; and attachment or valid assignment of wages. But no assignment of wages, either directly or indirectly, to the corporation is valid (1887, c. 399), and payment of wages after complaint is brought is no defence (1891, c. 239). Finally, another addition to this series of amendments (1896, c. 241) forbids special contract as a means of exempting employers from the obligation of weekly payments. Turning, with some curiosity, to the much debated regula- tion of fines, we see that Massachusetts statutes concern themselves only with such as are levied upon weavers for imperfect work. Fines, not to exceed actual damage, at first allowed in accordance with printed and posted lists, in cases of "willfulness, incapacity or negligence," and when discovered and shown to the weaver on the first examination • See : Digest, Wage Payment. Regulation of Fines. 33 of the goods (1887, c. 361), were, in 1891 (c. 125), entirely forbidden. This overradical provision was pronounced by the court to be unconstitutional ^ and was consequently revoked the next year (1892, c. 410), when an act was substituted against the "grading" of weavers' wages, except for imper- fections pointed out to the weaver, and by amounts agreed to by both parties. Chapter 534 of the Acts of 1894 also added a regulation, in accord with these, that a printed ticket specifying work re- quired, wages paid, etc., be given with each warp to weavers paid by the piece, cut or yard, and to frame-tenders, warpers and operatives paid by the pound. The occupier or manager of every textile factory was required also to post notices in every job workroom specifying in detail the character of each kind of work and the rates of compensation (1894, c. 144). With this data, workers could compute for themselves more accurately the wages due on their day's work. Another law, which appears to have been passed in the interests of justice, enjoins deductions from the wages of women and minors or overtime work unremunerated at the regular rates, when such employees have been detained against their wills in the workrooms during a stoppage of machinery (1898, c. 505). Arbitration. Such questions as the rights of labor in employment, and as the amount of a just and fair wage, have been the cause of almost innumerable strikes and labor controversies. They suspend industrial processes and injure the laborer, the em- ployer and the community, so that the adjustment of these disputes has become one of the most serious problems which confronts the state. Massachusetts has attempted to meet the situation by the establishment of boards of arbitration. Before 1886 there was a system of local boards open to 1 Commonwealth v. Ferry, 155 Mass. 117. 34 Annals of the American Academy. the voluntary recourse of disputants. In 1886 (c. 263) a permanent State Board of three persons, appointees of the governor, was installed as a sort of court of appeal from decisions of the local boards. The local boards had had but little to do, but this court of appeal had even less. It therefore began to tender its services and in 1887 the legal right and duty of initiative was given, together with the ordinary court powers to subpoena witnesses, require papers, etc. The Board claims to have had little practical need to use these powers, for the necessary information has always been willingly brought. Acceptance of the intervention of the Board is, of course, still voluntary. "As a matter of fact, their work, even quantitatively considered, is entirely respectable." ^ I Cummings, Indnst. Arbitration, Qt. Jour, ^on., July, 1895, p. 359. CHAPTER II. ECONOMIC EFFECTS. 'Effect upon Production — Effect upon Investment — Effect, upon Wages — Effect upon Employment — Summary^ From this brief review of the laws enacted and the method" of their enforcement, we turn now to a study of their eco- nomic effects. Here we encounter a bewildering number of absolutely contradictory statements, from which it is no easy task to disentangle a few facts. Tax on Production. Given this series of laws acting upon manufacturing in- terests, the first question before the economist is : Have they been a tax upon the productive power of Massachusetts ? The laws, as we have seen, deal with (i) Child Labor, (2) Hours of Labor for Women and Minors, (3) Sanitation and Safety, (4) The Employment Contract and the Employer's Liability for Injury to Employees, and (5) Wage Payments. Of these, we may disregard the expenses imposed by safety and sanitary requirements ; for employers themselves recog^ nize such as incumbent upon them, law or no law ; while for many years now no complaints of injustice or caprice in the orders of inspectors have been made. It would also be idle calculation from the practical point of view to attempt to (35) 36 Annals of the American Academy. place a money value upon the results of restrictions upon child labor, which, nevertheless, tend to narrow the supply of cheap workers. But the statutes concerning the em- ployer's liability for injury sustained by an employee, the re- quirement of weekly wage payment, and, above all, the short- ened hours of labor, have been loudly denounced as burden- some taxation and deserve careful consideration. The first two regulations are of minor importance. Under the statute which extends and defines somewhat more broadly the common law principle of employer's liability, it has become very generally the custom to take out a new form of special accident insurance to cover the risk which these more definite obligations impose. This has, there- fore, raised the manufacturers' fixed charges by an in- considerable percentage. The law leaves decisions of fact largely to the jury, and while employers acknowledge the enactment to be commendable, they have had some reason for complaint on account of verdicts rendered more upon grounds of mercy toward the unfortunate than of justice to the responsible. As regards the regulation of the method of paying wages, weekly payments have so increased the ofSce work in many establishments that additional clerks have been required to perform it, and the old method of receipt taking has been abandoned as too time-consuming. There is advanced also the claim that business concerns are obliged to give long credits themselves on orders received, which make such weekly cash payments, on their part, decidedly inconvenient, if not actually burdensome. These expenses appear, however, of but slight considera- tion when compared with the ever-resisted mandate of shortened hours of labor. The whole battle of the labor movement centres in this issue. On one side stands the claim that the increased efficiency, both in labor and man- agement, the higher speed of machinery, etc., which are forced upon producers, fully compensate — and more than The Cost of Short Hours. 37 compensate — for the loss of time. To this is opposed the charge that such legislation has already so taxed — ^without corresponding compensation — Massachusetts' manufacturers that they cannot compete with like industries in other places. Curtailment of hours tends to make fixed charges assume undue proportion; it effectually reduces the volume of ma- chine output. The facts adducible in support of these conflicting views may be briefly reviewed. The short-hour movement, as we saw, had been long gathering strength before it received legislative recognition in the ten-hour law of 1874. So determined had been the efforts of Fall River unions to secure the concession, that many of the mills there, rather than risk warfare at a profitable season, did institute a ten- hour system in 1867, which lived for some twenty-one months. These experiments furnished a few statistics bear- ing on the issue, which may be summarized as follows : American Linen Company. 1868, 6 -wks. 10 hrs. average product, 32.23 yds. a \oora per diem. 1869, " " II " " " 37.14 " " " I/OSS due to shorter day io-|- per cent. Granite Mills. 1867, 10 hrs. product, 3,861 pieces a week. 1869,11 " " 4,350 " " 1870,11 " " 4.356 " " Loss due to shorter day lo-f- per cent. Union Mills. 1867 (3041^ days)" 10 hrs. product, average 36,210 yds. per diem. 1869 (208X " ) II " " " 39.984 " Ivoss due to shorter day 10+ per cent. Merchants' Manufacturing Company. 5 wks. ID hrs., 593 hands produced 1,125,000 yds., earned $20,294. 5 " II " 486 " " 1,495,351 " " 21,441.90 II hrs. running at reduced prices. Loss due to shorter day io-|- per cent. 38 Annals of the American Academy. Atlantic Mills, Lawrence. First account. 10 hours since 1867, increased speed, 5 per cent. Strict time regulations enforced. New machinery from time to time. First two years, product diminished 5 per cent. 1871, stock at a low figure. Dividend small.* Second account. 10 hour system since 1867. Increased speed " a little." "At first" lost 5 per cent. After lYi years, product " equal to what it had been under 11- hour system." 1871, product as great as under 12-hour system. Same help, machinery and class of goods. Mr. Dickinson shows no mill conducted on the eleven-hour system in the same class of goods doing any better than the "Atlantic Mills."^ In the matter of figures employers have the bookkeeper's advantage. The cases here cited do not at all exhaust the list which employers bring forward, whereas I have only been able to find one or two such examples given upon the other side. Nor have I seen these figures anywhere seriously questioned. It is noticeable, however, that the eleven-hour years chosen for comparison were not those which preceded, but in each case those which followed upon the ten-hour experiment. Such selection might suggest ad- vantages in the later years of such improved machinery or methods as experience had shown to be useful. The margin of difference between the amounts allows some scope for re- ductions on this score, without very materially altering their bearing upon the point at issue. The action of the mill- owners was consistent with the figures when, after this ex- periment had been continued for twenty-two months, they •Dickinson, Wt. F. J.— Argument v. Ten Hour Bill, 1871. Hearing before I,egis< lative Labor Committee, p. 17 (Pamphlet). « Cowley, C— Argument for Petitioners, Ten Hour Bill, 1871. Hearing before I^g. islative I^bor Committee, p. 5 (Pamphlet). The Cost of Short Hours. 39 returned to the old hours. The evidence given prevailed to stave off legislative action for several years. After the passage of the ten-hour law in 1874, we have again a period which ought to furnish some interesting com- parative statistics. The difficulties of enforcement during the first part of this period have already been noted. Yet al- though inoperative over the state as a whole, inspectors had some opportunities to note the effects in cases of compliance. In his report for 1878, the Chief inserts an extract from the letter of a Massachusetts mill-owner as an example of the results which his department had observed. "From the means of comparison we have (mills in Massa- chusetts and Connecticut with equal quality of machinery and the same grade of goods), we find the production of mills per set to be as the hours of labor; that is, a set of machinery running ten hours per day will not turn out more than ten-elevenths as many yards of the same grade of goods as one running eleven hours — ^but rather a small fraction less. . . . There is in Connecticut over Massachusetts a saving of $2,157 P^"^ annum, or more than 9 per cent on expenses common to both mills In mills where longer hours reign there will be a small margin of profit when those of Massachusetts have none or are losing money.'' The report goes on to say that a tour in Rhode Island and Connecticut showed manufacturers in these states to be using the most improved machinery and methods eleven hours daily with no apparent injury to the health of the oper- atives, being happy in their advantage over some Massachu- setts competitors. The Chief in his report declares himself fearful of the consequences of the law if thoroughly en- forced. Examining a report a few years later, when efforts to enforce this measure were meeting with decidedly better suc- cess, we read: "Results have shown the wisdom of such legislation." ^ And again : "A mass of facts had been col- I Massachusetts Police Report, Inspection, 1882, p. 15. 40 Annals of the American Academy. lected in this and other countries tending to show that no ultimate decrease of production or of profits thereon would follow if the number of hours were lessened ; lapse of time has only strengthened these convictions." ^ A case is here also given of an unnamed manufacturer who reduced his time from sixty-six to sixty hours per week and "at the end of six months found his product increased nearly lo per cent, and the quality of the work done more perfect." In 1883, the Bureau of Statistics of Labor made a careful study of Profits and Earnings in Massachusetts, and drew a comparison between the years 1875 and 1880 on these lines. ^ The study concludes : "Examination of the tables shows falling off in the per- centage of gross profits in 1880 as compared with 1875. In this state this fall is 7.17 per cent; in Boston, 14.89 per cent; in the state, excluding Boston, 4.91 per cent. In the state in 1880 percentage of stock used had advanced 11.52 per cent ; wages had been cut down 4.35 per cent ; expenses had increased .02 per cent; and net profits had fallen off 7.19 per cent. In other words stock used cost 11.52 per cent more in 1880 than in 1875. To counterbalance this, wages were cut down 4.35 per cent and manufacturers lost 7.19 per cent, or 11.54 per cent. If we deduct increase in ex- penses, .02 per cent, we secure 11.52 per cent as net loss to employers and employees. "Boston stock cost 18.29 P^r cent more in 1880 than in 1875 ; of this the employees bore 3.40 per cent, the employers 14-53 P^r cent, while 36 per cent was gained on expenses." * We must not, of course, make the error of attributing this to short-hour legislation as a chief cause ; nor in any event must too great weight be placed upon the testimony of such averages; nevertheless the figures are of interest, as they corroborate other authority. ' Massachusetts Police Report, Inspection, 1887, p. 18. ^Although passed in 1874, the ten hour law was not well in operation until after 1879. » Report of Massachusetts Bureau of I Mather, VT. (M. P.). The Forty-eight Hours Week ; A Year's Experiments and Its Results, pp. 17-19, The Experience of England. 45 Mr. Mather adds one important condition as "necessary to the success of the system ;" there must be "total abolition of overtime." The double shift must be used when there is need of hastened work (p. 25). The experiment, he also said, received the hearty co-operation of employees, and there was strict observance of time orders. The Salford Iron Works continued the forty-eight-hour week as their permanent system, and it is to-day not un- common in English engineering trades, outside of Lxsndon. It was certainly a tribute to the value of the Manchester ex- periment that, after formal conference with Mr. Mather, the government construction departments at the WoUwich Ar- senal Works and the Dockyards adopted these hours. On the other hand, the bitterly fought and unsuccessful struggle of London engineers in 1897-98 for the same privilege, throws doubt upon too hasty generalization. London mas- ters are apparently not yet convinced of the economic ad- vantage to their business of such hours although they were given every opportunity to study the argument of practice as well as theory. Possibly the necessity of greater care and punctuality deters their wider adoption. A few other special cases of the voluntary short-hour sys- tem present themselves, but none in general lines of manu- facture, so that it seems most unsafe to draw the deduction that the same economic results would follow in occupations essentially unlike. ^ Even in England complaint of hardship under the pressure of the code of labor laws has been loud enough to call for investigation by a Royal Commission. The Commission there, as our Labor Committee here, judged that there was no sufficient evidence for the repeal of the laws. To sum up the case in regard to the influence of labor laws on the expenses of production : Fixed charges have been increased by a small percentage ^«.^. The Jena Glass Works, Germany, in other ways also a unique industrial organization; our own building trades, etc., etc. 46 Annals of the American Academy. to cover the higher insurance requirement and the enforced weekly wage payments. Cotton-mill figures show each re- duction in hours to have been followed by a reduction in out- put of from 5 per cent to lo per cent ; while comparison with mills of like equipment in other states confirms the advantage of longer hours. The statistical report of the Massa- chusetts Bureau of Labor (1883), which gives a comparison of profits and earnings in 1875- 1880 fully supports these statements. The labor argument does not oppose contrary figures, but points to the continuous growth of the industry and notes that the largest and oldest mills make little complaint. Even in the scientific experiment in the forty-eight-hour week made by the Manchester Iron Works (England) in 1893-94, percentages do not show a very favorable margin. The later unsuccessful struggle of London engineers to se- cure this forty-eight-hour privilege (1897-98) suggests that London masters held that longer hours were economically desirable. From the facts thus far presented we must conclude, there- fore, that the weight of evidence goes to show that this labor legislation is a tax upon production. Contrary Tendencies. — How far do other effects of these laws tend to offset this burden? Two results are generally admitted : 1. Restrictive labor laws stimulate to greater speed and to other improvements in machinery and management. 2. They increase the efficiency of labor. Every reduction of hours thus far has been followed im- mediately by the speeding up of machinery; by imposing stricter time regulations ; by introducing special discipline in "gang work," so that time may not be lost to a whole shift through the fault of a single member, etc. ; eventually, by the replacement of old machines by new ones of greater capacity, and requiring, usually, fewer operatives to tend them ; and also by such further changes in management or methods Effect of Short Hours on Efficiency. 47 as can be devised to accomplish saving. This is the unan- imous testimony of employers, laborers and inspectors. By these means the old volume of production has been regained. Statistics of manufacture show production to be advancing in Massachusetts, as elsewhere, in spite of the odds against it. The disturbing thought to Massachusetts is, that although her manufacturers are forced into the lead in making improvements, and leadership often involves costly as well as successful experimentation, her rivals very quickly fall into line. Equipment in neighboring states is equally up-to-date, and this holds good very generally, even of the Southern cotton mills. Where Northern enterprise and capital have lately established themselves in the South, it is claimed that the mills are even better equipped, having had no old machinery too costly to be lightly put aside in favor of the new. Concerning the increase in efficiency through increased leisure, there has been much loose and unprofitable debate. Where hours were originally excessive, reductions were a physical benefit to employees which told in greater vigor of work. Note the traditional effect of reductions, from the twelve and fourteen-hour day to the eleven-hour system. It was a policy followed by employers as a concession to labor not in the end disadvantageous to their own interests. Again cases are brought in evidence upon the ten-hour reduction, where the full quota of work was accomplished in the restricted day. These instances are almost invariably found in departments most purely dependent upon manual labor, as in the Holyoke thread mills, in "drawing in" for the cotton web, in cigar shops, etc. In machine work speed- ing the machinery does, of course, set a somewhat higher work requirement upon the tender, in this sense increasing efficiency, but the product depends most intimately upon the speed of the machine as the determining factor. Of the several labor leaders consulted, not^one has held that the ordinary factory operative succeeds in accomplish- 48 Annals of the American Academy. ing the same amount of work in a ten-hour day, or a fifty- eight-hour week, as he did before in eleven hours, or in the sixty-hour week. The fact appears to be that the stimulus of "piece wage" has effectually eradicated the lazy employee, while working hours were already short enough to prevent exhaustion in ordinary cases. The exchange of fifty-eight for sixty hours has certainly effected but infinitesimal changes in efficiency. Compared with the labor of adjoining states, it cannot be said that Massachusetts labor stands appreciably higher in skill. Compared with Southern labor, the cotton mills' re- ports bring astonishing evidence of operatives, new to the occupation, working very long hours and manipulating ma- chinery running at a speed closely approximating that of the mills of Fall River and Lowell. The Southern labor is of sound mountain American stock, while a large proportion of Northern operatives are short- resident foreigners. This fact is often forgotten in making comparisons between the two sections. The heterogeneous character of Northern mill-hands appears from the follow- ing extract from the report of the Labor Committee (1898) on reduction of wages : "In 1895, the number of persons employed in the cotton mills in Fall River was about 22,398. Of this number 15,823 were foreign-born. Places of birth were as follows : Canada (English) .... 217 Portugal 587 Canada (French) .... 6,056 Prince Edward Island ... 25 England 6,073 Scotland 344 Germany 64 Sweden 19 Ireland, 2.130 Other foreign countries . . 274 New Brunswick 13 Nova Scotia 21 15,82^ "We think this is fairly representative of the foreign-born at work in the other cotton centres." ^ 1 Whbreas. The factory inspectors of the various States, have learned from the results of their labors, that the inefficiency of our immigration laws are respon- sible for the surprising increase of a very undesirable class of people in our fac- Effect on Investment. 49 Massachusetts labor laws have certainly acted to induce care in methods and to encourage the introduction of im- proved machinery. Beyond exacting a more constant at- tention to work however, they apparently have not increased the productive efficiency of the normal machine-tending operative. Moreover the figures of manufacturers above presented, include all of these factors which are indeed quite inextricable from the general problem. Conclusions there- fore remain the same. Investment. Has this tax imposed by labor legislation, then, operated to discourage investment in Massachusetts? It is unequiv- ocally stated that "vast sums of Massachusetts capital have gone to other New England States, driven away chiefly by adverse conditions created by legislation." ^ There has been growth, but in "uimiistakably reduced ratio," and this is due to "public knowledge of restrictions and limits here greater than in any other state," constituting " a direct dis- crimination against capital, against labor, and against the material development of the state." " "The result of isolation ^ . . . was visible in the more rapid development of competing industries in neighbor- ing states; notably in Connecticut, Rhode Island and Maine. * tories and workshops, forming a menace to the health of our citizens, the rights of our laboring men and women, and the welfare of society at large ; therefore be it— J?esoived, That the International Association of Factory Inspectors, in conven- tion assembled, request that the chiefs of the department of factory inspection of the various States, recommend in their next annual report to the Governor of their respective States, that he call the attention of the legislative bodies to this existing evil, asking them to pass such resolutions as they may deem proper, calling upon Congress to enact such laws as will control and restrict the immigra- tion of this class of people landing upon our shores. Approved by committee, 1898. ' Bulletin of Wool Manufacturers, September, 1895, pp. 261-2. '/6id., p. 264. •In 1880, Massachusetts was the only State in which the ten hour day prevailed. She is still the only State where short hour laws are well enforced. * Bulletin of Wool Manufacturers, September, 1S95, p. 234. '50 Annals of the American Academy. "Upon the passage of the McKinley law, both foreign and domestic capital opened new textile industries in the United States; none of any importance chose to locate in Massa- chusetts. They went to Connecticut, Rhode Island, New Jersey, Pennsylvania and New York." ^ These statements are put in a tone of conviction and authority. But there is neither proof nor legitimate protest in that misty realm, it-might-have-been. Problem: Given a sum of floating capital, in a world full of inviting industrial ventures, determine the point at which it will fall. Did ever an economist solve equations that involved a like proportion of unknown quantities, or seek to trace a curve of so many dimensions? The "vast sums" that might have settled in Massachusetts, it would be vain for us to seek; nor should we speculate too freely on what might have become of "other New England States" if Massachusetts labor legislation had not "driven" that capital to them. Their commonplace growth, as shown in tables of statistics, would allow Massachusetts to be magnanimous upon this point. The "unmistakably reduced ratio" of growth in Massa- chusetts, and the "more rapid growth of competing in- dustries in other states," may be verified or disproved by statistics. It is a textile bulletin that makes the statement ; it is the textile industry which is most evidently a "com- peting industry in other states." We may therefore very properly take our figures from its history. These figures certainly do not indicate that the Massa- chusetts cotton industry was lagging as compared with that of her neighbors; if not the cotton industry, we may be as- sured no other either. Massachusetts general industrial returns have not brought consternation to the public. The government annually contemplates them with self-satisfied pride. As a whole they give no indication of a stunted growth. Outside of textile occupations there is no com- plaint of injury. ' Bulletin of Wool Manufacturers, June, 1891, p. 107. Growth of Textile Industry. 51 As .8 1 °^i2 ercentages Increase ( or Decrease In 1896 as c pared w 1887. ■* ss ss •s ^ ^ 55 ■8 ? M 6 ft !8 4 ? ■* »o S> « + + + + + 1 + + + e< *£ i T Si t S 1 S •s *g "8" a g- ^ rC ^ -S' M OA M M «- i-T t^ * ^ . H 1 s i ¥ s ^ CO 5 i t s M i 1 vo" i i (4 S H & i t 1 g 1 « S M 1 M* M S § 1 •§ M % Y? S' gj ,g> ^ s> CO Ch 10 in t^ S I^ 10 00" \o 1 •* '^ t^ to ■«r GO r^ o\ C4 to to ■*. M \D cT t^ p, M >o m 00 00 « ¥ N M HI r^ r-» m t>. VO d> !>. to r^ 00 o^ 0\ "^ CT* ES tC cT in 00 to 9! 1 CD ss 8 yo % ? g 3 8? « 10 h" '-' N ■JS- S 8 £ 3- •R 1 S3 (^ t^ NO 00 M a* 10 VO_ t^ 1 ^ 0* n 0" \S- «" m" «- gg 00 !? ■? ? 5" B ^ " m h" w S; S3 s f -S" -R % N M Ov 10 en \D M to ? 1 ■* \o h" cT >n iZ" •n (? -e. S ■a 5? iS- •* " rt M t tH w t1 to «o g. R ^ S . rO "^ 10 CO* to VO 00 «o M t^ 9 T « f- VO NO 00 CO M *t g XO « t^ to 1 1 9 3 ^ ^ I— t ■1 U ^ g % 13 a 1 ^ ^ S i £ ^ 1 3 g g p. a a P 52 Annals of the American Academy. There are, however, other facts to be considered. Once Boston was the market of a large tea auction ; the legislature laid increasing taxes upon this; the tea auction sought a more congenial centre. The tax was quickly repealed in hope of winning back that business, but it never returned. Although her general industry remains in health, there are disquieting symptoms in Massachusetts cotton mills. These must not be lightly overlooked in a too general estimate of well-being. Massachusetts cotton mills are investing, to-day, at home little more than what the conditions of small margin and the consequent necessity of a large output forces upon them. Mr. Lovering before the Labor Committee said, "I have never known capital more timid than it is to-day in the direc- tion of cotton manufacture in this state." Yet look again, and we see several of these same mills investing largely, with no apparent lack of capital or energy, in Southern states. The Massachusetts Mills of Lowell havea plant in Alabama ; the Dwight Company of Chicopee has also a branch there ; the Lindale Mills in Georgia are owned in Massachusetts; Newburyport, Massachusetts. Another Massachusetts mill- owner with important cotton interests told me that he was carrying on active negotiations with a view of actually mov- the Sparten Mills, Spartenburg, were originally settled at ing a large concern, bag and baggage, to the South. He gave it as his opinion that many other Massachusetts treasurers were investigating in the same field, and that no new cotton mill would now locate in Massachusetts, or a large mill burned be rebuilt there. It seems the very general opinion among these men, that the life of the cheap-grade cotton mill of Massachusetts is rapidly ebbing, and that the industry must inevitably confine itself chiefly to the production of high-grade goods. This situation in the cotton industry was hardly contem- plated at the time when Massachusetts passed her labor laws ; and it brings serious questions now before her legislature. Southern Competition. 53 A brief digression upon the present aspect of this textile manufacture in Massachusetts can therefore hardly be avoided at this point. Situation of Massachusetts Cotton Industries. — In earlier days Massachusetts, in her great cotton manufacturing centres, long held a practical monopoly of the cotton-goods production of the country. To-day, however, her position is altered; another section competes, with increasing strength to force her goods from market. The history of the American cotton industry in itself would give plentiful material for interesting and profitable economic and sociological study. It begins with the intro- duction of the factory system here; it has always been a chief subject of tariff regulation and labor-law enactments ; it built a large monopoly centred in a single state, later carrying a heavy burden of state-taxation, and furnishing- livelihood to thousands; dependent by its very character upon special natural and social conditions, it has seen grow up a stripling wrestler with nature's bears and lions, now to offer resistance to its Goliath strength. We will not here attempt needless review of history. The growth of Southern competition is most apparent in very recent years. In its Bulletin of January, 1898, the Massa- chusetts Bureau of Statistics of Labor contrasts the growth of this industry in Massachusetts with that in Southern states, as shown by United States Census figures for 1880 and 1890. "In 1880, .... the total value of goods made in Massachusetts was $72,289,518, or slightly more than seven- tenths of the output returned in 1890 ($100,202,882). Dur- ing the decade Alabama and Mississippi nearly doubled their product, while Kentucky more than doubled hers. In Tennessee the output was nearly three times as great in 1890 as in 1880, and in Virginia there was a gain of 66.45 per cent. In none of these states has the industry reached a point of marked development. Georgia, however, prac- 54 Annals of the American Academy. tically doubled her product, and North and South Carolina both show a gain of more than 235 per cent. ^ There are no later census figures for this increasing South- ern growth. For more recent years Mr. Southworth (of the Massachusetts Mills, Lowell) gave the following statement before the Labor Committee (March 25, 1898) : ( "Since 1890, the number of spindles in Alabama has in- creased 139 per cent; in Georgia 65 per cent; in North Carolina 184 per cent ; in South Carolina 184 per cent." We may contrast these figures with the 46 per cent of increase in Massachusetts from 1888-97. To-day the South opposes to original Northern monopoly the steady product of 663 mills running 6,267,163 spindles. During the last decade 327 mills were planted there, 113 mills and 1,315,071 spindles being the growth of the year 1899 alone. Let this, then, serve to indicate the increasing importance of Southern competition. It is little wonder that it has aroused the anxious questions of interested parties. The Massachusetts mill-owner, the Massachusetts operative, the government itself, have all made special study and investiga- tions into the "reality" and the "causes" of this menacing competition. The respective statements of these investiga- tors are characteristic and suggest bewilderingly contradic- tory conclusions. The following gleanings would seem to give an approx- imation to the actual facts : — In advantages, the South leads in cost of labor, estimated at from 30 to 40 per cent less than Northern, or at about two cents per pound of goods. It holds also an indefinite advantage in total freedom in hours. Against the Massa- chusetts mills, limited to a fifty-eight-hour week, the South- erner may run seventy-two hours at will. The lighter taxa- tion in the South, even in many cases amounting to no taxa- tion at all, is another evident advantage. These claims are I I^bor Bulletin, January, 1898, p. 3. Advantages of Southern States. 55 very generally conceded. As against the minor advan- tages of cheap fuel, abundant water power, nearness of raw- material, less cost of building, etc., counterbalancing con- siderations favor the North. The North has less cost for shipping and marketing of goods; at least 10 per cent less for machinery; a saving in rates of interest on better se- curity, and a larger surplus capital which permits the purchase of cotton when the market price is lowest. Other advantages of more intangible nature are^ also urged, "economics," "public protection," "experience," "advanced laws," "invigorating atmosphere," "stimulating environ- ment," "intelligent workmen, who have learned to know and protect their rights." ^ These varied advantages compared in an actual market price have generally favored the South by showing a balance of at least one-fourth of a cent in the yard. The difference in actual cost of production is claimed to be two cents per pound, or 33J per cent less in the South than at Fall River. It is to be noted that the character of the advantages claimed will show Massachusetts a loser as a result of the leveling influence of time. The claim of higher skill in Northern labor is already losing its force in the face of speed and product shown by Southern machinery. Now ample credit and lower capital must also soon be looked for there. It seems indeed, to an unbiased onlooker that "Southern com- petition has come to stay," and that "it is foolish to ignore or belittle it." ^ The Massachusetts Labor Bureau laid the blame for the distressing conditions of 1897-98 upon the abnormal busi- ness depression, "consequent" overproduction, and resulting pressure of competition, and the measure of accuracy of the statement is demonstrated by the return of normal pros- perity with the general revival of business activity through- out the country. This must not, however, be permitted to iIIUd. — Manufactures, I, pp. 22, 35. 62 Annals of the American Academy. Analysis of these figures shows that Massachusetts pays more for the day-labor of males than do five of the eight neighboring states, and more for that of females than do seven. In her piece-work, males earn less than do those of five other states, females more than those of any of the states entered. The column of undiscriminated wages puts Massachusetts in the very centre — four pay higher wages, four pay lower. Turning attention for a few moments to some of Massachusetts' rivals, it appears that wage rates in Rhode Island, Connecticut, New York, New Jersey and Pennsylvania vary quite as much in reference to each other as they do when referred to Massachusetts. Another interesting comparison is that between the ave- rage annual earnings of males in six industries common to the ten states having the largest number of employees. ^ State. •c ■a 1 5| t III III a Tobacco, Cigars, Cigarettes. Connecticut . . . Illinois Massachusetts. . . ■ . Michigan Missouri New Jersey . . . . ■ . New York Ohio Pennsylvania Wisconsin . . . . «682 724 539 $670 498 574 483 489 459 $497 401 %l 466 521 596 J9S 5S3 304 IS9I 554 581 526 565 530 563 502 $685 614 esi 649 649 470 fc6o 5'6 545 490 til 51S 410 377 455 Massachusetts regularly leads at least seven of the ten states entered in this table, although in only one industry, the manufacture of men's clothing, does she give the highest wages offered. New Jersey is the. only state which has passed an act to secure shorter hours — 55 per week — than obtain in Mas- sachusetts. We insert therefore a table of comparisons drawn between these states for the year 1895. * 1 U. S. Eleventh Census— Manufacturers, I, p. 28. 'Massachusetts Labor Bulletin, July, 1897, p. 39. Statistics of Wages. Comparative Average Yearly Earnings. 63 Industries. Artisans' tools Boots and shoes Boxes (paper and wooden) Brick, tiles and sewer pipe Buttons and dress trimmings .... Carpetings Clocks, watches and jewelry .... Clothing Cooking, lighting and heating appa- ratus Cotton goods Cotton, woolen and other textiles . Earthen, plaster and stone ware . . Electrical apparatus and appliances Glass Hosiery and knit goods Leather Machines and machinery Metals and metallic goods Oils and illuminating fluids .... Printing, publishing and book bind- ing Rubber and elastic goods Silk and silk goods Straw and palm leaf goods .... Tallow, candles, soap and grease . . Tobacco, snuff and cigars Wooden goods Worsted goods Average Yearly Earnings. New Jersey. Massachusetts. 1535-25 433-99 310-53 387-87 329.70 278.64 412.46 305-03 434.66 383-87 308.60 405.24 420.38 701.07 263.97 430.28 465.20 505-22 531-85 415-25 353-66 372.27 234.12 481.20 281.03 279-89 251.80 I548.09 487.86 391.67 460.79 359-30 370.14 517-02 400.23 644.28 329.78 375-64 491.19 525-79 542.38 333-32 478-92 534-48 515-16 525.27 555-75 431-55 344-09 422.11 485-94 63443 534-25 356.96 From these figures we see that Massachusetts pays the higher wage in twenty-three out of the twenty-seven indus- tries tabulated. Upon the other hand, if we compare rates in Massachusetts in 1890 with those throughout the country as chronicled in the United States Census, Massachusetts ap- pears to give lower rates in twenty out of twenty-three in- dustries. To sum up the evidence contributed by these tables : Mas- sachusetts, as compared with neighboring states, pays higher wages in cotton mills, lower in wool mills ; in general gives 64 Annals of the American Academy. Industries. Agricultural implements Artisans' tools Boots and shoes Boxes Carpetings Carriages and wagons Chemical preparations Clothing Cotton goods Electrical apparatus Food preparations Glass Hosiery and knit goods . . Ink, mucilage and paste Leather Paper and paper ^oods ... Printing, publishing and binding . Rubber and elastic goods . . . Scientific instruments Silk and silk goods ...'.. Tobacco, snufiF, cigars, etc Wooden goods Woolen and worsted goods . . . . AVBRAGB YBARLir BARHINOS. Massachusetts,! United State8.< $405.88 446.94 387.12 309-54 289.27 450.98 450.31 291.32 268.03 573-04 264.03 451-85 258-39 298.07 443-34 362.05 441.35 347-74 403.81 275.80 390.81 392.61 292.05 I466 543 454 370 387 508 486 373 302 513 352 465 278 497 538 415 551 399 602 360 233 365 344 rather higher day wage, yet in the average earnings of all employees, stands exactly at the middle point. In six stated industries she pays higher wages than seven out of ten states. As compared with New Jersey in twenty-seven in- dustries, Massachusetts' wage rates are higher in twenty- three ; as compared with average rates throughout the coun- try in 1890, she was lagging in twenty out of twenty-three. In fine we learn that Massachusetts is a very important man- ufacturing centre, that in wages she sometimes pays more and sometimes less than other states or the general average, that if we shift our comparisons similar variations in wages occur between other states with no discoverable relation to labor legislation. In the last two tables presented, the figures suggested anything but favorable deductions as to ! Massachusetts Bureau of Statistics of Labor Report, 1890, pp. 564-566. ■ IT. S. Sleventh Census— Manufactures, I, pp. 36-45. Effect Upon Employment. 65 the effect of short hour legislation upon wages. We must remember, however, to be on our guard when dealing with these averages which, as compiled by different bureaus, are not based upon exactly the same classifications. Indeed efforts to interpret such statistical figures tend rather to "exercise the mind in flights of imagination than to develop logical lines of argument. Therefore, while we may feel that the data given are not sufficient to justify the sweeping statement that short-hour legislation or labor restrictive legislation in general has actually reduced wages, it would be equally extreme to claim upon the basis of these figures that they had caused a rise in wages. We must conclude, as did the Hon. Amasa Walker, "There is no sufficient evidence that wages have risen in consequence of, or contemporaneously with, the reduction of hours of labor," ^ or the enactment of other measures of labor legislation. Employment. For the sake of argument we may allow, then, that short- ened hours of labor do not appear to have acted to increase the wage of the individual worker, nevertheless has not the result followed to workers as a class through increase of numbers ? Has not this restrictive legislation increased em- ployment? The argument on one side is that under shorter hours, in order to keep up the product, more labor must be employed. (Here it may be noted, in parenthesis, that this statement ignores the previous claim that short hours are already compensated by greater efficiency of the original company of workers; and does not count the extra wage payments as an increasing cost of production.) The answer rests upon other grounds. The number of em- ployees in a given factory is strictly limited by the amount of machinery there provided for them to tend ; such limit upon 1 Report of Majority of Commissioner on Hours of I,abor to the Massachusetts Legislature, 1867. 66 Annals of the American Academy. numbers can, therefore, only be raised by new investment in like machinery. The contrary tendency is claimed, that restrictions placed upon labor make the manufacturer seek to dispense with it as far as possible, new investment in machinery seeking that of labor-saving value. "The diversion of labor-taxed capital into new investments in other states may there increase employment, but not in Massachusetts." Cases present themselves in support of both claims. In the building trades, clothing industry, etc., such increase of employment has been evident; in cotton mills and gen- erally where machinery is expensive there tends to be a de- crease in the proportion of labor. The problem of the un- employed in Massachusetts seems to be as far from solution as elsewhere; certainly shorter hours have not acted to any appreciable extent to absorb enforced idlers in productive industries. ^ The claim that legislation has driven employees away from Massachusetts to other states where longer hours prevail is too groundless to deserve discussion. Labor is to a certain extent migratory everywhere, but there has been no per- ceptible increase of migration from Massachusetts. At a border line a few discontented operatives may have moved to neighboring mills, but their number has been insig- nificant. Effect upon Woman and Child Labor. — ^We have seen that nearly the whole of this restrictive legislation bears di- rectly upon the labor of women and children. Has it, then, resulted in decreasing their number in factories? Inspectors' reports, from 1878 on, note a continued de- crease in the number of children employed. In 1882 the re- duction in numbers during the previous two years was esti- mated at 50 per cent. ^ Prosecution for violation became less frequent, and compliant employers found the exactions of school certificates, employment tickets, etc., such con- I Brentano, Hours, Wages and Production, p. 69. i 'Massachusetts Police Report, Inspection, 1882, p. 25. Effect Upon Child Labor. 67 tinual annoyance that they preferred to dispense with child labor so far as possible. The United States Census chron- icles a decrease in Massachusetts of employed children under fifteen years of age from 21,363 in 1880 to 9,716 in 1890, or of more than 54 per cent in the decade. The Massachusetts returns for 1897 were as follows: Number of children employed in manufacturing and mer- cantile establishments and workshops, 13,324; between the ages of thirteen and fourteen years (under fourteen), 104; between the ages of fourteen and sixteen years, 13,220. In ten of the very large manufacturing concerns of the state: there was a decrease, between 1892 and 1897, from 635 under- sixteen years of age to 397, or of about 37 per cent. Thesfr statement were readily confirmed by the observations of; manufacturers and labor leaders interviewed. Although allowance must be made here for improvements: in machinery which have made automatic many processes; before given into the hands of children, and to the public sentiment which frowns upon their employment, we are still warranted in attributing a substantial influence to legisla- tion in the attainment of the above results. The same does not, however, hold true with respect to women. The proportion of women employed in Massa- chusetts is not appreciably decreasing. Restrictions upon the labor of women involve far less inconvenience than is imposed by the details of child-labor laws. The limita- tion to short hours is the only really serious drawback to their employment. The cheapness of their labor, added, in some of the more delicate operations of manufacture, to their superior dexterity, is sufficient largely to counterbalance this disadvantage. Conclusions Summarised. We may summarize our conclusions as to the economic effects of Massachusetts labor legislation as follows : I. A real and appreciable tax has been put upon the industry of Massachusetts. 68 Annals of the American Academy. ' 2. This has been a goad, increasing the ordinary incentive of competition to urge the use of better machinery and more careful management, and has forced her manufac- turers to take the lead in the introduction of improvements. Neighboring states have, however, quickly imitated her suc- cessful methods. 3. Improvement in machinery, speed, etc., involves some- what higher work requirements, and in so far increased efficiency. The reduction of hours below eleven has been accompanied by an offsetting increase of efficiency only in a few cases of arduous and predominatingly manual labor. Piece-work had already fulfilled its function here. 4. Whereas statistics of manufacture show Massa- chusetts to be growing at a normal rate, and with no evi- dence of injury from her labor laws; one industry of im- portance is in an unmistakably critical situation. There is reason to believe that the heavy-grade cotton mill is leaving the state. In this case natural conditions weighed already against Massachusetts, and legislative restrictions have been a tax tending to hasten the departure of the industry to the more favored South. 5. The effect upon wages has been slight and is very difficult to estimate. The influences of improved ma- chinery, of the demands of labor unions and of market con- ditions, have been so great as to overshadow that of legis- lation. Comparison with other states compels the conclu- sion that there is no sufficient evidence of a tendency in restrictive legislation to raise wages. 6. We found increased employment in building trades, etc., fully offset by tendencies to save labor by machine work. Unemployment remains an unsolved problem in Massachusetts. 7. Protective legislation has unquestionably reduced child labor, both directly by the restriction of such labor, and again indirectly by the stimulus given to mechanical improvements which have raised the requirements of at- Conclusions. 69 tention, etc., and made work before given to children au- tomatic. 8. The number of women employed has maintained a constant ratio. The restrictions — chiefly in hours — have been offset by the cheapness and dexterity of female labor. 9. Among manufacturers the disquieting influence of the constant threat of further protective measures on be- half of labor is noticeable as an obstacle to business con- fidence. Bills are each year brought before the legislature, backed by a political party of constantly growing strength. 10. Another economic effect of this legislation is the unestimated expense which years of struggle for and against the passage of these laws has imposed upon both laborer and capitalist. This must aggregate no incon- siderable sum of money. It may be objected that the evidence above presented, and from which our conclusions have been drawn, is taken prin- cipally from the experience of textile manufacturers. There are several justifications for this procedure. 1. Labor legislation in Massachusetts has centred about the textile industry as the chief branch of manufacturing in the state. 2. Textile manufactures have felt the effect of legisla- tion more keenly than others ; have taken a more active part in discussion; and have therefore presented more evidence bearing upon the subject. Other industries have rather held aloof from the contest. 3. Conclusions may be quite as scientifically arrived at upon the basis of these facts as upon evidence drawn from a more diversified field. For if it is shown that restrictive legislation imposes a tax upon textile industries, and the data also indicate the amount of that tax, other occupations equally under the operation and enforcement of the same laws must suffer in the same way. It may indeed be that they are better able to bear it and do not feel any particular injury from it. CHAPTER III. EFFECTS OTHER THAN ECONOMIC. Health — Standards of Living — Citizenship. We have laid much stress upon the strictly economic con- sequences of labor legislation. It is no less incumbent upon the economist, who would make a critical study of these restrictive measures, to recognize the importance of other considerations. In the end these may affect the economic situation even more than such matters as increased or dimin- ished product, or higher or lower wages. Health. Of prime importance is the standard of health in the com- munity. What has Massachusetts labor legislation done for the health of her workers? At the time when the ten-hour bill was eliciting warmest discussion (1865-1874), a chief argument presented in its favor was that "the health of female operatives demands it !" So important was this point made that the government called upon the Board of Health for a special investigation in 1871. The report then given upon the "Health of Minors in Manu- facture" contained the following statement : "A comparison of the death rate of operatives with that of the whole popu- (70) Factory Legislation and Health. 71 lation at the same ages, for the years 1860-65, allowance be- ing made for war deaths, showed the figures to be 'remark- ably close.' " Estimates of absence from work, on account of sickness, asked for from employers, varied approximately from zero to 5 per cent; while many replied that absence from the mills had been too trifling to record.^ The result of the investigation convinced the Board that there was very little evidence of special disease or unhealthiness due to labor- ing in factories, even in those days of long hours. The validity of these deductions has been adversely criticised. ^ But Dr. Derby's conclusions do not stand en- tirely alone in their testimony to the general good health of operatives. The commissions of 1865 and 1866 held the same view ; while the opinion of practitioners among fac- tory hands bore out the testimony. More general studies made both in the United States and England further cor- roborate this opinion on the basis of a wider experience. ' That long hours and lack of open-air exercise often led to great fatigue it is not attempted to deny, and the com- munity must recognize that industrial prosperity depends largely upon keeping its labor energy strong and fresh. If, day after day, the worker leaves her machine in an exhausted condition this cumulative pressure tends to sap away her vitality, and instead of developing into a more skilled opera- tive she is likely to become less efficient at her task. The passage of the ten-hour law in 1874, however, appears to have put an effectual check to this danger in Massachusetts. Since then the argument of extreme fatigue has been aban- doned by labor leaders, who seek to base their claims upon some other ground. Factory Sanitation and Health. — It is noticeable that from the first, the health remedy proposed was shortened •Derby, G. (M. D.) — Health of Minors in Manufactories. — 1871, Senate Document, 50. 'Cowley, Charles— Argument for Petitioners in Ten Hour Bill before Joint Special Committe. Pamphlet, pp. 102. 'See Biblio^aphy. 72 Annals of the American Academy. hours instead of better ventilation and sanitation for the workroom, wliich would have seemed the prior need. Pos- sibly this was due to the fact, already noticed, that the working class itself instituted the movement and was hardly in a position to appreciate the importance of the latter re- form, or it may have been only the easy confusion of argu- ment with object. Certainly the construction of old factory buildings dis- played little forethought or provision for the health or com- fort of employees. Visit to-day the workrooms of an average modern factory, and then that of an old one, be it ever so carefully remodeled to the legal requirements. The light, airy room, and cheerfulness of surroundings in the new stand out against the cramped and gloomy quarters of the old, in a contrast that must convince even the most skeptical of the blessing of this advance. The latter is confined to the workroom practically throughout the day. Under conditions of insufficient ventilation the air of a factory could not long be expected to retain its freshness and to breathe for hours every day such a vitiated atmosphere must have added greatly to the wearisomeness of the day's work. Many pro- cesses of production tend, in themselves, to produce in- jurious conditions, but, until regulated by law, this fact was generally unheeded both by employer and workman, either because of indifference to, or ignorance of, the principles of hygiene. To-day, however, stringent, and, we may fairly say, well-enforced laws control such cases. The system of ventilation to be used must now be sub- mitted with the plans of every new factory, for approval by the chief of police or the inspector, and those buildings in which it was originally lacking must be remodeled to the satisfaction of the inspectors. To-day, also, there is a spe- cial legal remedy in cases where a process which engenders unhealthy conditions is not properly protected, and the in- spector is empowered to order the use of such form of ventilating mechanism, or contrivance "not excessively ex- Standards of Living. 73 pensive," as shall answer the necessity of the case. In con- ditions of ventilation, as the Hon. Carroll D. Wright sug- gests, the modern factory compares quite favorably with the modern school room or lecture hall. Ventilation, cleanliness and sanitary conditions are in- sisted upon in factories, and have certainly done as much to check the slow wearing out of life in the daily round as have safety provisions to guard against the more sudden dis- asters of accident. We cannot but believe that these more healthful and sunny surroundings have done more than the shortened day to increase the bodily vigor of the factory girl. Factory Children. — ^Among regulations which have con- tributed to protection of health, the laws concerning child labor must take a prominent place. In Massachusetts they have had a great measure of success in expelling children under fourteen years of age from the factory, and in lessen- ing the amount of child labor. This has been an unques- tioned physical gain as measured against the serious draw- back which steady confinement and monotonous work form- erly imposed upon the health and strength of growing chil- dren. But let us not enter into discussion where the facts are so palpable and so universally admitted. Standards of Living. Next to health, the most important effect must be sought in connection with the standard of living of workers. Con- ditions here react upon the efficiency of production in a most vital way. Low-grade labor may be an incalculable hin- drance to progress in production. Compare the daily labor accomplishment of England with that of continental countries even in the less skilled occupa- tions. It is a common boast that an Englishman can do more work in a given number of hours than the toiler of any adjacent country. Thomas Brassey attests the superiority 74 Annals of the American Academy. of his countrymen in road-building, navvy work, etc ; * in Ireland — Belfast excluded — Schoenhof found improved machinery in the woolen mills, but an output "far below" that of England or America. ^ Cases might easily be mul- tiplied in illustration of this point. Note further, the difficulty experienced in attempts to force up the labor requirement in these countries, either by increase of machine speed, or by the addition of a few spindles, etc. In Italy, it is claimed that speeding machinery is futile, on account of the slow motion of the women, who cannot keep the pace and only bungle their work. Ex- amples are also given of cases where increased wages were refused, rather than, as a condition to them, accept the care of a larger machine such as was regularly tended in Eng- land or America. What then is the origin of such differences in labor ca- pacity? Among the causes usually given the physical su- periority of the Englishman stands first. It has been openly recogfnized in Germany. Why is he stronger? Because he lives better, more healthfully. "The English workman lives on meat and wheat-flour bread, whilst potatoes form the chief sustenance of the German factory worker." * The relation and sequence of cause and effect have been carefully studied and sufficiently argued; we may sum up the general conclusions in a sentence. Better food requires higher wage; consequent physical efficiency warrants reduction of working hours ; more leisure gives opportunity for education, increasing the worker's in- telligence; this in turn contributes further to labor ability; time and education foster social life and desires, and so act to improve home surroundings (more cleanliness, comfort, etc.) ; they react upon industry by increasing the home market for goods. The development thus forms a continu- > Brassey, T.— Work and Wages. Ch. IV. ' Schoenhof, J.— Economy of High Wages, p. 39. « Schnlze-Gaevernitz— Cotton Trade, p. 19. See also, Brentano— Relation of Wages and.Hours of I,abor to Work Accomplished. Improved Standards of Living. 75 ous spiral. Though a slow process, it is, nevertheless, a sure advance toward higher standards of living. "There being no uniform and established standard of wages, they vary according to the expenses of subsistence in different countries, and the conditions in which the labor- ing classes are willing to live." ^ Schulze-Gaevernitz, Schoenhof, Brassey, Atkinson, and other authorities, contend that higher wages can and gen- erally do go with lower labor costs in production, and tend to encourage the introduction of labor-saving machinery; while the increased power of consumption fostered in the laboring class, has been one of the strongest influences ex- tending the English and American home markets. Returning to the case of Massachusetts, what testimony is there that the legislation reviewed has contributed to raise the standard of living of workers? The same answer is given to this question by employer, inspector, labor leader and charitable worker. At his work the operative has become accustomed to clean- liness, air, light, and good order and has begun to miss them if they are lacking in the home. Thus the general verdict is that the legal requirements in regard to sanitation and so forth in factories, which have so altered the surroundings of workroom life, have at the same time served perceptibly to encourage like cleanliness and care-taking in the home. The menace of coming illiterate generations which was not at all to be scoffed at in 1870 is no longer feared. Thirty years ago children, as young as eight years of age, were often to be found at work in mills and workshops, but to- day a legal age limit which banishes children under fourteen years from employment meets with general compliance. The aforetime "factory children" have become the "school chil- dren" of to-day. If there are still illiterate minors, they must lay chief blame to themselves. There is not to-day any 1 Walker, Hon. Amasa— Science of Wealth, p. 225. See also Gunton, G.— Wealth and Progress. 76 Annals of the American Academy. lack of opportunity; lack of appreciation of opporunity is the cause of such illiteracy as prevails, and is confined al- most entirely to the newer foreign element. The best de- vised law and strongest police force would be obliged to con- tent itself with incomplete achievement here. Opposition was at first made to the weekly payment of wages. It could be no advantage to the thrifty, who easily secure credit and with monthly pay have the advantage of buying in bulk; it would be an injury to the weak and dis- solute, substituting four monthly temptations for one. This statement of opinion on the part of some employers has not yet received the support of figures. ^ Intoxication has not increased ; for superintendents make short work of dismiss- ing such unreliable service, with most healthfully sobering effect. Workers themselves claim an advantage in cash payments, which allow them to trade where they find the best bargains and not only where they can obtain credit. In Lawrence it was remarked that rent, food, etc., fell in some cases nearly 20 per cent, and shops where operatives used to trade ex- clusively were forced to cut prices and encounter close com- petition. ^ Under the system of monthly pa3mients, opera- tives had also frequently found themselves obliged to ask for wage advances, a favor generally heavily discounted at the office, often at the rate of 10 per cent. * Weekly payments appear, indeed, to have conduced to home economy on the part of the workers. Citizenship. Lastly, has this legislation had any effect upon the develop- ment of citizenship? The shorter hours conceded by law to labor have been little "misused" and have caused no "in- crease of laziness." The solicitude indicated by this ob- 1 See In.spectors' Reports. This testimony was corroborated in interviews by several employers who had made previous voluntary experiment, s Massachusetts Police Report Inspection, 1S87, p. 59. > Forritt, B, — Factory I,egislation in United States, p. 192. Effect of Short Hours on Citizenship. "jy jection appears almost hypocritical in face of the silence which never questions the propriety of erratic shut-downs at the convenience of manufacturers. The argument for shorter hours appears to be strongly supported here. From the beginning, advance towards civil- ization, and in civilization towards higher attainment, has been conditioned upon leisure time beyond that necessary to the gaining of a livelihood. It is a wide law and it applies throughout. Leisure is equally a requirement for the ad- vance of our laboring classes to better conditions of living. Short hours in Massachusetts have contributed their in- crease of opportunity which has not been neglected. Not only do we find libraries and lecture courses offered; but to-day, as never before, labor flocks to use these and asks always for more of them. On a half-holiday we find many in the public museum or gallery. Compare these Massachu- setts operatives with those of other states. They stand the acknowledged leaders of their class in this country, or- ganized, intelligent, progressive. Perhaps their voice has grown stentorian, but they are ready and able to argue their point. It is the testimony of the Board of Arbitration that operatives have shown a knowledge and appreciation of the methods and aims of ar- bitration, and an intelligent recourse to them, quite equal to that of their employers. The trade union with its problem of organization and its school of free discussion has, been the chief instrument in this education, but its efficiency has depended upon hours of leisure away from the factory. Experience of social intercourse, of the necessity of dis- cipline in trade-union organizations, and of the weight of logic in argument have given workingmen a new apprecia- tion of their own relation to order, government and the com- munity. Summary. The legal sanitary requirements of cleanliness, light, ven- tilation, etc., in the factory act to improve the health and 78 Annals of the American Academy. spirits of workers, and tend to induce the same conditions in their homes. Restrictions upon child labor have expelled at least 75 per cent of the original number of working children from employment, substituted the schoolroom for the factory, and regulated work for minors in general. Weekly wage payments appear to have encouraged house- hold economy rather than to have fostered dissolute living. Restrictions upon labor have brought increased social and educational opportunities within reach of operatives; have advanced the interests of good citizenship among them; have tended to raise their standards of living, with important economic consequences in broadening the home market. CHAPTER IV. MASSACHUSETTS LABOR LEGISLATION VIEWED FROM THE STANDPOINT OF ECONOMIC THEORY. The Position of Government — Principles of Government Interference — Critical Reviezv of Massachusetts Labor Legislation upon the Basis of the Study Presented. We have now studied the labor laws of Massachusetts, noted the influences which led to their enactment, and ex- amined their practical enforcement by inspection and pros- ecution. We have reviewed such facts as could be collected to show the effect of these regulations upon industrial and other interests. We are now in a position to judge this legislative accomplishment from the viewpoint of economic theory. In how far has Massachusetts labor legislation been in accordance with the teachings of economic theory? What are the teachings of economic theory? The Position of Government. First and foremost stands the economic principle that the individual knows best what conduces to his own interest. It is the economic side of the ethical doctrine of the right of the individual to freedom for self-development, or self-real- ization. (79) 8o Annals of the American Academy. In human history the individual has not been equal to coping alone with his task even of self-preservation. Men have therefore congregated into companies, tribes, hordes and nations for mutual aid and protection. Within such groups however there have arisen antagonistic interests, as between individuals. The self-seeking of one conflicts with the well-being of another. They limit each other. Such conditions could only lead to a struggle in which the less strong must fall. The counter-balancing requirement of united action was put upon each group by external warfare between tribes. Thence was imposed the necessity of pre- serving internal peace. Now conditions were ripe for the coming of government. Government was born to the duty of adjusting the contend- ing interests of individuals for the "common good." From the first it put restraint upon this or that individual only to secure the "greater average freedom of all." How did government know how to govern — what to al- low, what to forbid? The general answer is, it did not know, it had to learn by centuries of experiment. Unequal were rewards and punishments in its school. The test was survival. The evolution of government has accompanied and ac- corded with the stages of economic progress. In its rela- tion to these economic and industrial interests of advancing civilization, the historic tendency of growth is distinctly traceable. Its first office was to preserve a semblance of order and security. From protection, we see it, in the Middle Ages, advance to regulation of industry, often extending to the most minute details of occupation, such as the rate of wages to the worker, the length and breadth of goods, the place of sale, etc. Industrial advance, however, broke over these stiffened, hindering enactments, and a new economic doctrine of non-interference or laissez-faire, was evolved. From protection, to regulation, to free contract; such has been the development of the relationship of law to in- Principles of State Interference. 8i dustry. The lesson of all evolution is that such a course of advance cannot be disregarded by the law-givers of to-day. Legislation must keep in line with that which has gone be- fore. Principles of State Interference. Principles are always deductions from sequences of fact. The facts of the history of governmental development lead the philosopher and the man of common sense alike to hold the following beliefs : 1. The freedom of the individual to pursue his own in- terests as he will, must be respected. 2. Where conflict of interests arises the "common good" takes precedence over the desire of the individual. This is the basis of justice, the teaching of humanity, the ground of patriotism. But let the state here recognize a moral limit and not invade to degrade the manhood of its least member. 3. Law must be guided by experience. In sum, the policy "laissez-faire" must be corrected by such interference as experience has taught will result in greater benefit to the community. And what has experience taught? The Duke of Argyle put the outcome most concisely when he said: "The two great discoveries of this century are (i) the advantage of freedom in trade, and (2) the necessity of restriction of labor." We are here especially concerned with the second of these discoveries. Suppose labor to be left unrestrained, what would be the natural course of its life in industry ? I. Competition between producers encourages all possible reduction of costs. This tends to reduce wages, to increase the use of child labor, to perpetuate long hours of labor, etc. A few unscrupulous employers, resorting to such oppressive methods, are able to force others to adopt the same policies. The interests of the employing class range themselves against those of the operative class. 82 Annals of the American Academy. 2. In the struggle which results from this antagonism the employer has the advantage of position to force his own terms of contract upon the laborer. He has in his hands an accumulated capital which is equivalent in power to effec- tive organization. 3. These industrial conditions, left to take their own course, react upon the home and general social surround- ings of labor to force down the worker's standard of living. This is an injury which no community can afford to tolerate. Here, then, are distinct evils. Who is to right them? Employers cannot do so without widely organized effort. Their personal interests are directly opposed. The laborers have indeed made some attempts to improve their own con- dition, also by organized effort. Their success has been too local, too spasmodic, too slight. The end has not been ac- complished. Furthermore, the worst effects of unregulated labor are found, of course, where labor is least able to protect itself against these evils. Will not the philanthropic community come to the rescue ? Doubtless, when its attention is at last attracted, but it is hard of hearing as a pagan god. It has not yet gone seri- ously to the task. It calls upon the government. This, the State, remains. The guardian of the public good alone stands in strength and position fitted to assume the responsibility. The State must interfere to protect and adjust the interests of labor within the industrial mechanism. The evil tendencies, above noted, point here to the field within which state interference may be justified, (i) The State may determine the "plane of competition." (2) It may equalize the conditions of contract as between em- ployer and employee. (3) It may intervene to protect the standards of living of the workers. The only limits that theory places upon these three lines of interference are con- siderations of the general good. In comparing these ends, local circumstances present each case of abuse or evil to the legislator, as a separate problem Tests of Labor Legislation. 83 for solution. Each case must be weighed and dealt with upon its own merits. The following criteria may be laid down : 1. Against the presumption of present good ("prevailing conditions must be at least endurable"), there must be brought positive proof of evil, and of a degree of evil to warrant interference. 2. There must be certainty that remedy cannot be looked for from individual initiative, from self-cure, or through growth. 3. The legislator must be assured that the law proposed will not create other evil to counterbalance the good. 4. The regulation must not lose itself in detailed dis- crimination between cases, or in too minute regulations. 5. It must not give a dangerous precedent for future ac- tion. ^ ' — 6. It must be enforceable. The law must not be lacking in technical form as entered upon the statute book, nor must it trust to questionable or insufficient police force outside. Unenforced laws are worse than no laws at all, ,for they throw discredit upon the governing power. 7. Concerning the legislation of a Commonwealth within the United States, another requisite of importance must be considered. Such legislation must" be constitutional. Does it contravene "freedom of contract ?" Does it exceed "police powers?" Is it "class legislation?" These questions must be answered. Critical Review of Massachusetts Labor Legislation. Bearing this study of facts and theoretical teaching in mind, the criticism of Massachusetts labor legislation may be essayed. Child Labor. — The condition of unregulated child labor presented convincing proof of evils. There were none at hand to bring the relief which was a pressing need. Greedy parents would bind out their children for the most paltry 84 Annals of the American Academy. sums, regardless of health or education, to eke out their own earnings. Employers were interested to maintain a large market of cheap labor. The experience of England in government interference with child labor had given examples of such legislation with- out ulterior harm. The laws affected the plane of com- petition throughout the state. The less fully supplied labor market attracted immigration of other labor, and led to the betterment of machinery, child laborers could not be driven elsewhere, being bound to their homes. Justice to the child, and the future good of the community demanded such interference. The regulations passed were fairly clear in their applica- tion, and attempted to control but four points: (i) age, (2) schooling, (3) hours of labor, (4) kinds of labor. These remain to-day practically the only subjects of the child-labor laws. They were from the first commendable, since they struck at once at the root of the evil. We may pass at once, therefore, to a consideration of the enforcement of these requirements. Opposition, as above indicated, appeared even before the passage of the original bills. Given such opposed interests, it would seem as if ordinary common sense or practical business knowledge would have led men to expect attempts at evasion. False statements would, of course, be offered. Therefore, they ought to have been guarded against by some means of proof of statement and penalty for untruth. No such guard, however, was provided. Even the original use of a school certificate was to protect the employer, since no guarantee of its re- liability was required. Again, ordinary experience would have seemed entirely adequate to convince any one that "willfulness" of violation would be almost impossible to prove, and "knowing" viola- tion nearly as difficult. It would certainly have been more sensible, and more within the understanding of all, if some Child Labor Laws. 85 definite criteria, by which to judge or justify actions, had been originally given. It was another obvious misstep to leave enforcement in the hands of truant officers and city officials, and expect its accomplishment. English experience was ample to furnish warning here. The only possible excuse for such negligence would be lack of funds to meet the expense of additional policing, but this ought certainly to have been considered when the "proposition of law was first brought forward. It could hardly have been seriously believed that a mere threat would be enough to check the evil. Beyond this, those who were charged with the duties of inspection and enforcement were not given the powers most; obviously necessary to the work ; they were entirely thwarted by a simple refusal of admission. It is not here contended that a perfect working law was to be expected from the time of the first enactment. Re- finements could, of course, only come through careful study of the practical operation of such legislation. It is, however, insisted that such obvious weaknesses, as those noted above, should never have been left totally unguarded, by men of common sense, in any serious attempt to grapple with the problem presented. As the law stands to-day, after its tedious history of halt- ing advances, it must be granted that it is wholly praise- worthy. Its practical enforcement and its obvious action for good are its greatest recommendations. It has been argued that the early child labor laws were not enacted with any idea of strict enforcement. If in 1866 or 1867 it was time to interfere at all to stop the evil of child labor, it was time to stop it entirely. If the law was regarded solely and simply as a political measure, it is no longer to be judged as law. The use of law as a tool of party policy can find absolutely no ground either of economic or ethical justification. Hours of Labor. — The ten-hour law of 1874 was the out- 86 Annals of the American Academy. come of a long and bitter struggle. Restriction was asked only in favor of women and minors. The evils complained of as the results of long hours were overwork and ill health among these operatives ; also that laborers were cut off from all social life. In the case of this law, some care was given to an inves- tigation of allegations and to a forecast of the probable re- sults of legislation. The method was scientific, even if the discussion was not scholarly. Ill health was not sufficiently proven, but the fatiguing effect of long hours was made evident. The argument of social benefit outweighed the fear of harm. Claims of in- creased efficiency in the operative were offset by proof of the burden upon production. The balance of opinion fav- ored the law. It was decidedly likely that such shortening of hours would have come in time through an improvement in pro- cesses of production and the demands of organized labor. In certain branches of industry such results had already been accomplished (as in the building trades). However, where the need was greatest, the likelihood of natural remedy was most remote. The textile industry, for example, was latest to reduce hours, and there many women and children were employed. It is to be noted also, that Massachusetts was in a condi- tion of prosperity which warranted the trial of an uncertain experiment. This was not, of course, a reason made promi- nent in the discussion, but it must, nevertheless, have been an influence felt in the result. The details of this law have been a problem to the wisest. The original statement would appear both clear and exact, yet it met decided rebuff. We notice at once the reappear- ance of the word "willfully," which had been seen already to nullify the intent of the child-labor law of 1867. If, there- fore, we criticised the folly of allowing it in that measure, we are warranted in condemning the obstinacy which, with open eyes, inserted it here. The Ten-Hour Law. 87 A difficulty which arose in connection with another clause could hardly have been foreseen, and is not easy to remedy. In justice to the manufacturer, the statute permitted over- time work to make good loss of stoppage for repairs in a previous day of the same week. But this allowed exception has been used as defence in cases of flagrant abuse. It was thought that the balance would be kept by the limitation upon the total number of working hours per week. This imposed, however, an impossible task upon inspectors, who were compelled, in the absence of the operatives' testimony, to watch a given case for a whole week continuously to prove any overstepping of law. A check has now been entered in the requirement that overtime shall only be allowed when stoppage has exceeded thirty minutes and been duly reported in writing to the chief of district police or the inspector. Again, unreasonable time was given to the starting and stopping of machinery. An inadequate amendment was passed requiring notice of the time thus allowed to be posted with the general statement of hours, with the sole result that legal recognition was given to the abuse which it was sought to stop. It is well that the wording has since been more skillfully corrected to a required statement of the hour of starting and stopping work. The reticence of employees and their aversion to giving testimony nevertheless continues, and doubtless will long continue to be a stumbling-block to the enforcement of the act. The character of this law as a constitutional measure and legal precedent has been adversely criticised. In other states Supreme Court decisions have been rendered against similar measures. ^ They are considered opposed to the principle of "free contract," the liberty of the individual, etc. The reality of the "freedom" here interfered with would in many cases, however, be a question open for dis- ' California Supreme Court, 1895, 39 Pacific Reporter, 329. niinols Supreme Court, 1895, 40 Northeastern Reporter, 454. Nebraska Supreme Court, 1894, 4i Nebraska, 127. 88 Annals of the American Academy. cussion. In Massachusetts the act was sustained upon the ground of the state's "police authority," and as applying to women and children, considered wards of the state (120 Mass. 383). In that instance police authority certainly received sup- port from the prevailing ill condition of woman and child labor. It could not perhaps, so confidently, be offered in defence of further restriction. We must note, therefore, the danger of the precedent here given. Since the enactment by the legislature of statutes which reduced working hours from sixty per week to fifty-eight per week has been ad- judged to be within its constitutional powers, can it not con- stitutionally continue to exercise such power in further re- strictive laws ? Is it not to be expected that other measures for curtailment of hours will lay claim to constitutionality upon the ground of the likeness of the restraint called for, and pass unchallenged for the necessary proof of a like justi- fication in an evil under police control? The legislature as well as "public opinion is in the highest degree indiscriminat- mg. Safety and Sanitation. — The original principle of per- sonal freedom, and non-interference upon the part of gov- ernment, would seem to apply in the case of the employer's personal interest in the sanitary and safe condition of the workrooms; in the employee's ability to look out for him- self in the neighborhood of dangerous machinery, and his right to run such personal risk as he thinks fit. An im- mense body of evidence is, notwithstanding, brought forth to prove the disregard or neglect of employers in matters pertaining to health and safety in their shops, and also the carelessness of danger upon the part of workers there em- ployed. In face of such facts, therefore, the weighty eco- nomic and ethical consideration of the value of human life must dispel scruples under the first stated principle. This must also brush aside the inconsiderable objection that such protection tends to foster recklessness in the operative. The Liability of Employers. 89 The necessity of these legal regulations is their universally accepted justification. The duty of enforcement of these laws, given into the hand of inspectors, carries large discretionary powers in the decision of what is "adequate" provision. Especially, in cases where appliances not contemplated in the ordinary law, are offered, very careful judgment is called for. Such power is, however, wisely guarded and placed in fairly trustworthy keeping by the civil-service examination put upon those en- tering the department. Under this head, it is quite true that regulation tends con- tinually to run more and more into minuteness; but again exception must be allowed to the general principle. They tend to make distinctions clearer and requirements more definite, and have proved a practical aid and no hindrance to enforcement. These have been the least questioned of Massachusetts laws bearing upon conditions of labor. Their enforcement to-day is strict, receiving also the co-operative support of the employer's liability act, which tends to make the guard- ing of unsafe machinery appear the more desirable to the manufacturer. Employer's Liability. — The law holds a sane man respon- sible for his own actions; if he employs another to act for him, he is held responsible also for such agent or servant. This is the theory which underlies the right at common law of a man to recover damages for injuries sustained through the fault of another. Extended to industrial relations of employer and em- ployed, however, the principle becomes modified in the com- mon law of the employer's liability. The master is held liable to an employee for the results of his own culpable negligence, but not for the negligence of a fellow worker, i. e., one in the same employ but not superintending said operative.^ Also in case of incidental accident he may > W. D. Taylor, " Employers' Liability," p. ^6. 90 Annals of the American Academy. exempt himself from all responsibility by shifting the weight of risk upon the worker in a special contract, or by giving him express warning of danger ; while in any case contribu- tory negligence, upon the part of the injured workman, is defence. Let an example illustrate : In a railroad accident a mis-turned switch sends a pas- senger train into collision with side-tracked freight cars which are being unloaded. Two men are injured, one, the drayman of an express company, falls under the wheels of the freight car as the shock drives it forward, and loses his leg in consequence; the other, a brakeman, is thrown from a passenger car platform, severely fracturing his skull. The cases are alike in that there is no contributory negli- gence on the part of those injured. The drayman being unconnected with the railroad could recover full damages for his leg, but the brakeman, though incapacitated for work for the rest of his life, was fellow employee with the care- less switchman and could not bring action against the com- pany. The original justification of the distinction was that fellow workers were known to each other and each was aware of the degree of carelessness or responsibility to be expected of the other, and therefore, of the risk incurred. With men working at the same bench or anvil, this might be true enough, but as applied broadly to our great modern in- dustries it no longer agrees with the facts. The brakeman on an express passenger train between Boston and New York cannot know the capabilities of way switchmen, nor can the factory operative know the trustworthiness of the engineer. Lord Holt in England, early judged the master liable for the negligence of his servant. Lord Abinger's decision in 1837,^ brought in the above doctrine of common employ- ment and was an exception later followed by Massachusetts for reasons of "public policy," in Judge Shaw's decision in >Prestey v. Fowler.fc M. & W. I— (Mason & Wellsby), Eng. The Liability of Employers. 91 the Farwell v. Boston & Worcester Railroad case. ^ It has, therefore,, since formed part of the body of law of that State. 2 This common law was for years, both in England and America, the only agency through which an employee could recover damages for injury. The strong defences therein given to employers made it but an ineffectual remedy. During the nine years ending in 1881, the Railroad Gazette chronicled in train accidents alone 1,266 killed and 1,478 injured in Massachusetts. Of these more than one-quarter of the deaths and nearly one-half of the injuries were among employees. In 1881, upon railroads alone, 72 employees were killed and 128 injured. * Reports of these accidents — except in cases where death resulted — were not entirely reliable, at that date, and there were no returns of accident in mechanical industries. * It was estimated that in less than 10 per cent of the cases of death and in- jury, just quoted, were any damages recovered ; although at least half of these accidents were due to causes beyond the control of those who suffered from them. ' In England, under the Common Law, during four years not a single instance of recovery of damages by an employee came to the knowledge of any of the officers of the Society of Railway Servants ; although during the four years, from 1872 to 1875 inclusive, according to the report of the Royal Commission, 238 were killed and 172 injured, from causes beyond their own control.* These cases were in marked contrast with those of other individuals who, in all else, stood upon equal rights of citi- zenship before the state. The question, therefore, naturally arose: Why should there be such arbitrary distinction be- tween man and man? Why should this guard on life be '4 Met. 49 (Mass.). •Report of the Mass. Bureau of Statistics of I^bor, 1883. *Ibid., p. 3. *Ibid., pp. 72-73 ; 95. 'Hid., p. 94. '/did., p. 95. 92 Annals of the American Academy. given in one case and omitted in another ? Why should the individual be held for damages ; the industrial body freed of responsibility? Remedy lay alone in a remodeling of the law. Urged by continued complaint, England at last passed the Employers' Liability Act of 1880, "to extend and regulate the liability of employers to make compensation for personal injuries suffered by workmen in their service." Although the threat of this legislation had aroused the apprehensions of employers, and there was much discussion and bitter op- position, the law itself appears to have had no serious effect in increased recovery of damages. The Massachusetts Bureau of Statistics, making report on this subject as ground for legislative action in Massachusetts, called it "a sham re- form." 1 It may, therefore, be of interest to make brief comparison of the later Massachusetts Law (1887, c. 270) with this English forerunner and example. The English act provided in brief : Sections 1 and 2. Common employment shall not be a defence where a workman receives injury : 1. By reason of any defect in the ways, works, machinery or plant connected with or used in the business of the em- ployer, which defect existed in consequence of the negli- gence of the employer, or of an employee by him entrusted with the duty of guarding against any defect. 2. By reason of the negligence of any person entrusted with superintendence. 3. By reason of the negligence of any superior workman whose orders the person injured was bound to obey. 4. By reason of obeying proper rules or by-laws, or any rule or by-law approved by certain public officers therein specified. 5. By reason of the negligence, on a railway, of any per- son at the time in control of the train. ^ Report of Massachusetts Bureau of Statistics of I^bor, 1883, p. 127. The Liability of Employers. 93 Unless the person injured knew, or failed, when necessary, to give notice of the defect which caused the injury. Section 3 limits the sum recoverable as compensation. Section 4 limits the time for recovery of compensation. Section 5 makes any penalty received by any other act part payment. Sections 6-10 trial — definitions, etc.^ The Massachusetts act provides : If an employee — ^himself "exercising due care and dili- gence" — is injured: 1. By machinery, etc., defective through the negligence of the employer or his servant appointed to keep it in repair ; while the employee was ignorant of the defect, or had given warning of its presence. 2. Through negligence of one exercising superintend- ence. 3. Through the negligence of one "in charge or control of any signal, switch, locomotive engine or train upon a railroad," the employee or his legal representative "shall have the same right of compensation and remedies against the em- ployer as if he had not been an employee." Section 2 provides for recovery by dependent relatives in case of death. Section 3 states the maximum compensation and provides deductions in cases where the employer has contributed to a benefit fund. The similarity of these acts amounts to identity in im- portant details. Employers remain under the same Com- mon Law duties, but these acts add new liabilities and rem- edies. There is no guarantee in the wording of the law against accident through hidden defects in machinery. Con- tributory negligence remains, and workers of the same grade — neither in position to command the action of the other — stand as before. Both statutes indulge in general terms upon which cases may easily turn. Although in other law > Report of Massachusetts Bureau of Statistics of I,abor, 18S3, p. 52. 94 Annals of the American Academy. no limit is put upon the amount of damages recoverable, here such maximum amount is stated. Possibly this is due to the influence of the old doctrine that the right of action died with the person, a doctrine broadened by Lord Campbell who continued that right to relatives under a limitation in the amount of damages recoverable. An important difference between the English and Amer- ican law is in respect to contract. Both acts correct the inference of implied contract, but in England express con- tract could be drawn to exempt the employer from actions under this law, and at the first passage of the act this was at once his resort. In Massachusetts, on the contrary, such contracts do not hold (1877, c. loi ; 1894, c. 508). Much more discussion has been wasted upon the theoret- ical argument for, or against, these laws, than upon the ques- tion of their practical benefit. We have the situation of a Common Law protecting rights of a stranger to recover damages of another, whether in- flicted through the carelessness of that man's servant, or through the unsafe condition of his machine. Such liability is justified by the legal doctrine of "respondeat superior," a survival of the earlier system which gave the master of slaves, as of children, the postition of authority and respon- sibility of the "pater familias." Since, however, slaves had no civic rights, the master did as he pleased concerning in- jury inflicted by one upon the other. Conservative law stands almost at this stage to-day. But the progress of civilization has eliminated the slave. The operative in personal rights is considered the equal of any other man. If we would be consistent, therefore, in our law, we must either usher into practice the doctrine that a man is answerable only for his own personal fault of negli- gence, or else that he is equally responsible to employee and stranger in cases where the contributory negligence of the employee has not materially affected the result. For generations the law of liability to strangers has proved Wage Payments. 95, of practical benefit to the community; it places the responsibility upon those who hold the corresponding power. It is not likely that so old and valuable an institution will be swept away for any whim of theory. Indeed the theory of the responsibility of power is fast growing to support it. Therefore the law to-day tends rather to the other alternative of extending the provision to cover stranger and employee alike. In this connection it will be most interesting to watch the history of the new English law — ^the Workmen's Compensa- tion Act of 1897. In spite of faults, we cannot but consider that the Em- ployer's Liability Act of Massachusetts is a law of some value. Even her apparent leisureliness of motion should be allowed good policy in that too sudden change might involve serious disturbance in the readjustment of industrial interests. Wage Payments. — In dealing with wages, the legislator enters upon a distinctly economic field. In olden days this was a favorite subject of law, and we find regulation of wages when other conditions of labor were entirely untram- meled. To-day better knowledge of the economic necessity which governs those rates — annulling attempted legislative interference — has taught the state to leave such determina- tion to the natural action of competition, of supply and de- mand. Upon what ground, then, has government attempted regu- lation of periods of payment, and especially where is the ex- cuse for acts against iines which, in a given case, touch di- rectly the amount of an operative's wage ? The ground is the right which the "police power" gives the state to interfere to check abuse. General rates of wages must be left to market determination, but within that market the individual seeking employment is, in many cases, forced to acquiesce in a contract disadvantageous to himself, where the employer holds a position to dictate. Often in cases of 96 Annals of the American Academy. "truck payment" employers have gained unwarranted con- trol over workers, with such detrimental reaction upon their standards of living that the evil justified acts of police pro- tection. In Massachusetts weekly payments are cited as a parallel case of legal interference and should be supported by the same argument. In face of the facts, however, it is im- possible to maintain the plea of actual injury. We have found evidence that such payments result in benefits to the household economy of workers, and, therefore, may logically encourage efforts of employees to secure it, or the labor union's struggle for it. But as the situation stands, it seems hardly dignified for government to interfere in the question at all. It offers but another encouragement to undue re- liance on paternal government to let a central authority supply the lack of self-dependent effort on the part of or- ganized labor. The act may even appear seriously questionable from the standpoint of constitutional law. Does it not oppose "free contract," "exceed police powers" and apply to but a single class of the community ? It cannot even be argued that it puts bargainers upon equal footing. It does not say : "A shall not bully B," but instead "A shall do in full as B has demanded." There is not even the sign of compromise at fortnightly payments. Here, then, is state action not to determine the "plane of competition," and not putting worker and employer on an even footing in their business negotiation. It has not been claimed in discussion of the subject that monthly payment is an invasion to lower the standard of living of the com- munity. We cannot, therefore, clearly see either practical or theoretical argument for government interference in this case. As a matter of fact this law has not yet worked out its own enforcement. In itself it seems rather a harmless measure, except as it may stand as precedent for more seri- ous future indiscretions. The Prohibition of Fines. 97 It is here noteworthy that in Massachusetts the system of "truck payments," which existed to but small extent, was never so abused as to raise complaint, or demand legislation. Massachusetts has no "Truck Act," but her laws command weekly wage payments. What of the fine prohibitory law? Fines are to-day the chief and most effective means of discipline in the factory. They are imposed both for tardiness and bad workmanship. It is the opinion of inspectors that they are the means of the greatest abuse now to be found in factory life. On the other hand, employers declare that the statements concern- ing cases of abusive fine greatly exaggerate the evil. A moderate use of fines must be allowed just, in that it would be unreasonable to expect an employer to give equal pay for good and bad work alike, and also suffer the loss in materials due to workers' blunders. It is said that such damaged work goes to market and is sold just the same, but that is not quite the fact. The manufacturer has the reputation of his goods to guard, and when such imperfect work is sold, it must be sold as imperfect and at less price, often not such as to cover the entire cost. ^ In protecting the worker from the unjust exaction of an employer, the border line should not be crossed on the other side. Total prohibition of fines leaves the em- ployer at the mercy of unskilled employees. His only re- sort must be prompt dismissal. This has, indeed, been the practical effect of all of this ill-considered legislation. It has, therefore, worked hardships upon employees greater than that connected with the fines complained of. Although abusive fines are often to be found in mercan- tile establishments, legislation has confined its efforts to fines upon weavers in textile mills alone. If the abuse can be proved serious enough to justify this interference at all, the government has certainly done well in its deliberate ex- 1 " Pines exacted never even approximate an equivalent for loss."— Bulletin of Wool Manufacturers, January, 1891, p. 115. 98 Annals of the American Academy. perimentation with ways and means, to confine its attention to a given industry, where the effect of enactment may be a visible guide for any further action contemplated. The policy of treatment has already been most vacillating. First came restriction of amount of fines, of cases finable, of method of levying fines (1887, c. 361). Then all fines were prohibited (1891, c. 125). Then "grading" for im- perfections in work was allowed as agreed to by both parties. ^ In 1898 a bill was again presented to the legisla- ture for total prohibition, but in face of the court's decision, which had pronounced a similar predecessor unconstitutional, it, of course, was defeated. A serious investigation and study of the situation would seem imperative before further inconsistencies are perpe- trated. General Criticism. — One of the points which our review has most prominently forced upon our attention, is the way in which a Massachusetts legislature decides the question of evil and degree of evil. In every case it has been the shout of the complainers that first attracted attention; it has been the persistency and strength of outcry that secured the action for relief. Studnitz, in his study of American labor, summed up the situation in the statement that American legislation has been determined by the political and social strength of the la- borers demanding it, rather than in accordance with the natural needs and varied conditions of industry within the states. 2 We have, in consequence, found cases of entirely inade- quate investigation and study of the conditions to be rem- edied, of the necessity and probable results of legislative in- terference, or of the experience of other places in like cases. Faulty construction of some early laws, where ordinary common sense would have seemed sufficient to guard against * 1892, c. 410, • Stadnitx—JVordamerikaniscke ArbeiterverhdUnisse, p. 426. Improved Labor Legislation. 99 such error, vitiated enforcement and threw discredit upon the governing power. There has been frequent complaint that "upon the one hand he who wants it places his law upon the statute-book, and on the other hand he who does not desire it commits almost unmolested the acts forbidden by it." ^ It gave ground for the shameful charge that these laws were only political measures. Howbeit, it is but fair that we hasten to say that legislation to-day has well outlived such serious faults. The demands of labor still direct the course of legislation, but there is room to argue that this is a virtue rather than a fault. Labor has not thus far grievously mistaken its own needs. To-day, also, the question once presented, a qualified bureau stands ready to make careful study of the claim. Only when such measures as the weekly payment and fine laws are entered upon the statute-book, do we find occasion now to question Massachusetts' labor policy. Others, indeed, have criticised, from this standpoint, her present short-hour legislation. If, however, Massachusetts goes no further, — at least until surrounding states have taken corresponding position, — there seems no good ground for serious objection. The law doubtless operated to hasten Massachusetts' industry into the stage where sixty hours, or even fifty-eight hours a week could be profitably given. Complaint to-day comes chiefly from the cotton mills. That the Massachusetts cotton industry is, as concerns labor, at a disadvantage in its Southern competition, is in- disputable. The first expedient was a reduction of wages ; * the second would be lengthened hours. ' If then the situa- tion assumes such consequence, why should not taxes also be reduced? Let the process continue. * Adams, Jr., I*abor Question, North American Review, January, 1872. ' Cut of ten per cent in textiles, Jan., 1898. Wages now rising with generally increasing prosperity must still face the menace of southern competition, which reacts upon them whenever there is any stringency in the market. 'Note the prevailing tenor of discussions of the situation. — Arkwright Club and Bulletin of Wool Manufacturing. 100 Annals of the American Academy. ' In a most exhaustive treatise upon the question of inter- national labor legislation, Dr. Adler ^ studies the ever- increasing competition between European countries. He shows how each in turn — England with high protection of labor; France with less; Belgium almost unrestricted — ^has felt the tightening grasp. They approach the same limit. The English operative stands to-day in a position of respect among his fellows, while the condition of his Belgian neigh- bor elicits only pity. Why should Massachusetts retract her laws? The same conditions must be faced again. Is it for her, thus far an example, to pattern her future to match the labor conditions in Alabama? This would mean double retrograde, absolute reduction of past standards in Massachusetts, and the margin for advance cut off from Southern labor. In other states a number of the labor laws brought to trial before high courts have been swept away upon a verdict of unconstitutionality, in that they "contravene freedom of con- tract," are "class legislation," and so forth. "There is not in the Constitution of Massachusetts, any- thing which in terms relates to the freedom or liberty of con- tract, as, for instance, there is concerning the liberty of the press. ... In early times, after Massachusetts became an independent state and before the adoption of the Con- stitution, the General Court passed laws regulating minutely the prices of commodities and in certain respects the prices of labor. See Prov. Sts. 1776-77, cc. 14, 46 ; 5 Prov. Laws (State Ed.) 583, 642. And there has never been at any time in Massachusetts an absolute right in its inhabitants to make &11 such contracts as they pleased." ^ The Constitution, indeed, especially states (c. i, Sec. 2, Art. 4) "full power and authority are hereby given and granted to the said General Court from time to time to make . . . . all manner of wholesome and reasonable orders, • Adler, G.—Die Frage del international Arbeiterschutzes. *i63 Massachusetts, 591. Constitutionality of Labor Legislation. ioi laws, statutes, etc., .... as they shall judge to be for the good and welfare of this Commonwealth, and for the subjects of the same." Upon one important issue Massachusetts courts have al- ready passed a sustaining verdict; the present limitation of the hours of labor is constitutional (St. 1874, c. 221) ; "it vio- lates no contract of the Commonwealth implied in the grant- ing of a charter to a manufacturing company ; it violates no right reserved under the Constitution to any individual citizen, and may be maintained as a health or police regula- tion. A law which merely prohibits a woman from being employed in any manufacturing establishment more than a certain number of hours per day or week, does not violate her right to labor as many hours per day or week as she may see fit, and is within the power of the Legislature to en- act." ^ At the time when the bill for the extension of the act con- cerning weekly payment was before the Legislature, the Jus- tices returned as a reply to the House of Representatives: "We cannot say that a statute requiring manufacturers to pay the wages of their employees weekly was not one which the General Court had the constitutional power to pass, if it deemd it expedient so to do." ^ It seems unlikely that any others of her existing labor laws will be brought to this test. They have been generally beneficial to public interests. They have been pretty cheerfully accepted and obeyed. They have gained the strong approval of the community in gen- eral. They have the political support of a large labor party. Probably such an attack could only be precipitated by the ill- advised enactment of further laws absolutely and sufficiently injurious to the conomic interests of the Commonwealth to force the step as a measure of self-defence. In other connections we have already noted minor weak- nesses in the forms of certain laws, ambiguity of expres- 1 Commonwealth v. Hamilton Manafacturing Company, 120 Mass. 383. ' 163 Mass. 589. 102 Annals of the American Academy. sions, carelessness of construction or other technical failing. The unnecessary slowness, also, of the process of correcting such shortcomings cannot have failed to be remarked. Ex- cuselessly ineffective child-labor laws trailed one after another for over forty years. In 1870 the new Bureau of Labor reported critically upon existing law, pointing out its flaws and recommending provisions, which, if they had been enacted, must have struck at once at the fundamental diffi- culties. This, however, passed without notice, and when the subject was again dealt with six years later, the statute reflects little benefit from the painstaking study which had been given its predecessor. How often the same thing has happened throughout our country ! Our legislatures appoint committees, bureaus and commissions to investigate and re- port, and then, in characteristically independent fashion, pur- sue their own course without reference to them. The ten- hour law stood five years upon the statute books before con- stant complaints at last drew active attention to the obstruc- tive clause which made "wilful violation" alone punishable. Indeed, illustrations may be drawn from every division of these laws. It has been a generally wise precaution, — perhaps simply a natural growth, — that original measures were almost always confined in scope to special regulations which applied in a comparatively narrow field and were extended only after trial and approval. Laws pertaining to child labor, hours of labor, safety and sanitation, all served their apprenticeship, so to speak, in manufactures, before they passed on to mechanical, mercantile and other establishments. The ex- periment in weekly wage payment was first confined to cities and towns, while interference in the matter of fines has been directed only against those imposed upon weavers. Recognition by statute (1888, c. 134) of the right of labor to organize and become incorporated for lawful objects, only conceded to the operative an equality with other citizens of the community in these rights earlier secured to, them. Massachusetts Labor Legislation. 103 The constitution of the Board of Arbitration in Massa- chusetts "lends oiBcial dignity to the all-important principle of peaceful negotiation," and "removes the last excuse for gratuitous resort to industrial warfare by employer or em- ployee." ^ Self-restraint is also a becoming virtue in a State Legis- lature, and Massachusetts has shown this in an eminently noteworthy case. In spite of widespread discussions and free enactments in other parts of this country, Massachusetts has never legislated upon the subject of labor conspiracy. In this field she has made the Common Law her wise de- pendence, nor risked the danger of narrowing its applica- tion by statutory enactment. The crippled action of the law in less far-sighted states has amply justified her policy. I Cuiumings, M. — Industrial Arbitration, Quarterly Journal of Bconomlcs, July, 1895. P- 363- CHAPTER V. SUMMARY AND CONCLUSION. "The state," Jevons said, "is the least of the powers that govern us." It is controlled by laws above its own dictation and its wisdom is to be taught and guided by them. Theirs is, however, a school of experimental science, whose text- book can only be written after long and patient observation and note-taking in the laboratory. In these pages of our laboratory note-book we have been studying the process of an important economic experiment, the most logical and com- plete yet tried in the field of labor legislation in America. Let us, then, assemble into a brief outline statement the con- clusions that may be warranted by our observations. We have reviewed the history of Massachusetts labor legislation, the laws that were enacted, the conditions which called for them and the forces which brought them to pass- age. We have watched their enforcement, and, as far as possible, traced their effects, economic and other than eco- nomic. We have thrown into concise statement the gen- erally accepted theory of the position of government in refer- ence to the problems of industrial labor, and upon this study as basis, essayed a critical examination of this body of legis- lation. Massachusetts labor legislation has : I. Withdrawn much child labor from factory and work- shop. (104) Summary and Conclusion. 105 2. Given a general guarantee of education to working youths. 3. Granted added leisure to the great body of workers, which means the opportunity to advance their standards of living. 4. Lessened casualties by protecting dangerous machin- ery, requiring escape-ways from fire, etc. 5. Insisted upon cleanliness and generally good sanitary conditions in workrooms, with a perceptible influence upon the health and homes of operatives. 6. Somewhat extended the Common Law of the em- ployer's liability to an employee for bodily injuries sustained in service, making more adequate provisions for recovery of damages. 7. Recognized the rights of labor under the labor contract and as an incorporated body. 8. Accorded some workers the privilege of weekly pay- ments, fine exemptions, etc. 9. Established a Board of Arbitration to which labor dis- putes may be referred for amicable settlement. 10. Established a Bureau of Labor whose duty it is to collect statistics, and to investigate labor conditions through- out the state. 11. Evolved the most efficient inspecting force in the United States. This is a large accomplishment of good, but, in our appre- ciation of present measures of success, we must not over- look the lessons of the wayside dijfficulties nor underestimate the costs. Other states which are struggling with like in- dustrial evils may find store of helpfully practical suggestion in this experience of Massachusetts. The obstacles which have arisen to each enactment in Massachusetts are generally typical of what is likely to confront similar enactments in other states. In early laws more particularly, technicalities of weak construction told against enforcement, and these have been severally pointed out as they occurred. Again, if io6 Annals of the American Academy. Massachusetts' experience teaches anything, it must show the absolute necessity of efficient inspection. The whole his- tory of the labor legislative movement shows that laws, how- ever good, cannot enforce themselves. It may appear to an outsider that it is for the laborer's own interest to re- port violations and seek the legal remedy given, but the in- disputable fact is that he does not do it. Moreover, not only is the single laborer usually not in a position to do so safely, but even the labor union shrinks from the task. The experience of Massachusetts may also stand as a warning in certain specific cases where, in too rash enact- ment, though against evident evil or to secure probable bene- fits, she did not approach the work forearmed by adequate study of the conditions to be met. Let this suffice to indicate the most essential points, if not the detail of our study. Similar investigations pursued in other states would give interesting and profitable material for comparisons and practical deductions. Indeed, a chief object of this brief work would be realized if it could but suggest the opportunities and resources which invite to serious study in this field. AGE AND EDUCATION OCCUPATION I836'2*5THREEM0S SCHOOLING 1838 to7 CERTIFICATE HOURS OF LABOR TABLE OF MASSACHUSETTS LABOR SAFETY AND SANITATION LEGISLATION. INSPECTION THE EMPLOYMENT CONTRACT WAGE PAYMENT PEODDNO AND BEGGING BY MINORS IN SHOWS ORCUSES.tlC HANDLING MACHINERY FOR WOMEN AND CHILDREN FOR PUBLIC EMPLOYEES 1836 1838 FURNACES. ENGINES & BOILERS DANGEF?OU5 MACHINERY ESCAPE FROM FIRE SANITATION SAFETY ON RAILROADS SCHOOL COMMITTEE ENFORCES POLICE DEPARTMENT INSPECTION RAILROAD COMMISSI- ONERS 1836 1838 INTIMIDA- TION employers' LIABILITY REPORT OF ACCIDENT WEEKLY PAYMENTS FINES ETC. 1842 (60) PROSECUTION 1845 '60 TEN HOURl G.S DAY FOR >*^42 CHILDREN JSj 1842 1845 '^o r PROSECUTION 1842 1845 COMMON LAW REMEDY ONLY 1846 1849 1850 1852 lj2scH00LmG |§ 1855 1858 C.42 2 1645 1849 '^iJZO SAME Is ^ '83« 379TEACHEIS EIGHTEEN 1862 1864 COD. G3'^4? 1111-2 1850 1852 ST" LICENS G 5 • '■ REGULATION GS542 f3" 1652 1859 EIGHT HOUR DAY 1862 1862 1866 1867 ^273 SIX MONTHS , , SCHOOUNt 285 THREE MONTHS SCHOOLING 1874 1875 1876 1877 52 RE5P0NSI- IBIUTY OF I PARENTS J- 1878 1879 1880 1881 257C[RTIFICATE lOF AGE acBIOTHVl' NONEMPUOY-/), WENT 137 SIGNING CERTIFICATES FOR CHILDREN -285S2 SIXTY HOVJR WEEK FOR CHILDREN PARENT BeK SPOWSIBLEj P. 5 IS 1-7 221. T SIXTY HOUR WEEI^ FORWOMEN&nilllK IN WAWUFAaORIES 1866 1867 =19+ TIME NOTICES 1874 1675 PS. 1876 1877 1878 1879 1880 1881 ^116 SPECT PORTABLE , ENGINES ETC P.S ho2 §%40-53 G 5.*= 63 BRAKES AND CROSSINGS §§81-82.93 1846 1849 '83S2 5AME., 1850 1852 INfLUENCINp S. ^31 IG.: I>7§ 1855 1858 COO OS ^4J|J REVISION OF ''372 RAILROAD REGULATIONS %9liei22l30 PROTECTIOM FOR ^ '21+ IN MANUFACTURING AND MECHANICAL ESTABLISHMENTS ^ ^1 CLEANLINESS Bt -2l4Sl.|VENTI LATION IN FACTORIES - 197 '181 EXTENSION TO MERCANTILE EXPLOSIVES '195 'li7. lot PS!^II2 ISlSSW! COLOR BLINDNESS "681143 COO'112 ^^^159-162,170-172 '=5+ TOOLS I "^ TRUANT' OFFICEOS '52% 4 VISIT P S 48 5%5-6 MAY DE- MAND CERTIFICATE. - (RlONE D EPUTY 1862 186+ GS'7l6. "^e73S5 "=285 DETECTIVES N5PECT-> 2I+%|67 TW POLICE INSPECTORS <^3; COMMISSION- ERS APP- OINTED -372 ,p^ 1866 1867 206 BUSINESS; RELATIONS PS.'|03 iS910 1874 1875 1876 1877 1878 1879 1880 1881 IN EMPLOV MENT '211 SAME P.S = 74 SPECIAL CON- Ipstii Br CITIES '138 PS'28 1882 1883 COD. PS 1884 1885 1886 1887 '48 SSi-7 ■224N0NEMPL0YMENT DURING SCHOOL HOURS -' I I 222 DURING SCHOOL DAYS -r I I c I ILLITERATE 433 MINORS 1888 1889 1890 1891 135 '340 DP '291 Tl 4^8 SPECIAL I PERMITS 317 1892 1893 1894 1895 COO '508 S* 13-22-24-2 1896 1897 299 fflVNCR SHIP COD. PS '68 S2. COD PS "=48 SS8.9 18,94 RESPONSIBILITY K '422 OF PARENTS '5 08 ' ^ FIG- |.Sl3- I ^E* 122 BOARDING iS5 ^'' ^ ^229 streetcar: SCHC OLlNy ■331 RESPONSI- BILITY! OF MINOR C0D.PS.'=74SS4-5 694 '50e ^ 157 EXTENSION TO MECHANI- CAL & MERCANTI LE '275 MERCANTILE -90 FORM OF NOTICE 'Z80 OVER MEAL HOURS |"2I5 M 1892 1883 COD. P.S.'IOZ &i40-53 1884 1885 COD P S ' 104%% 13-22 '200, 266 I UNSAFE ELEVATORS '173 STEAM '374 BOILERS '348 VKORK CHILDREN 189+ »'508 ^10-12 NIGHT as-aa WOMEN ANC MINORS FIFTY EIGHT 357 HOUR WEEK I'm " COD.' 5 08 SAME COD.' 508 §^4960 64 ^31-2 73* COD '508 S§ 10-12 26-29 1886 1887 'i75 CITIES AND TOWNS 1888 1889 189+ 508 y>9 40 8 '386 ON STREET RAILWAYS COO '508 S7-9 1890 1891 1892 1893 1894 1895 FASTENED DOORS COMMUNICATION WITH ENGINE ROOM BUILDING -CERTIFICATES '316 179 CONTROL OF POWER STEAM BOILER INSPECTIOnLboikeek ♦18 Ilicensl COO'481 1896 1897 RESPONS IBILITY I50 I 1 1894 SEATS KsOB JS30 IB94 '73 BOILEi) ri '173 sS23-36 41-43;- 51-54^5 60-62 305 EXTENSlOr^ TO MERCANTILE 1894 TENEMENT WORKSHOPS ■357 REGULAT OF £96 LABELS =2+6.LlCENSE C00.508 iS+4-4B 63i76 r, k.r -^TS ' laS COLOR J COUPLERS COD PS 48^%5-6 I NESS '120 SWITCHES '362 HEATINQ ,348 Se ' 41 SWITCHES ETC '362 TBaiN COO PS'losS^-lt |PS'|04 ^^23-24 266(EMB0D1ES \l0r7*2l4 SS 9-10 894 >'50£ §21 FOUR iiLOFFICERS 25o S3 REPORT QF ACCIDENT -S229 3 T6AUTH 256 ORITY 113 DEPARTMENT OF INSPECTIOi C0D.P.S'll2 119-15 1882 ''t 1883 S60 leL 188+ 1885 1891 S%|-7 10 J5 39 '242'COU PL I ER TESTS 334 INSPEC 1886 1887 n; ■436 APPEAL TWO '302 FEMALES '2IO FORM OFCOMPLAlNT I ACKNOWLEDGMENT OF 'lit REPORTS OF ACCIDENT 387 ONE BOILER J APPLIANCES COO'509 §23 SPECTOR C0D'48l .. THREE ■• ;418 L_ TION OF BRIDGES TIME 10 YOTE .'272 1888 1889 RS'74%2 23 I»I3( 14 3 INCORPORATION OF LABOR ORGkl H34 I2AT10N5 1890 1891 Cob'423 143-144 1892 1893 sameSIt "417 336-337 "^330 JOIN UNION '535 INSPEC TORS "471 EXAMINERS OF TWOI 1894 1895 '508.5AME S|4-5.5B PSf74Si3-S I>.S.'1I2 5212 EXCLUDES RE- ;0VERY6» EMPLOYEES iii-EXTENSION TO- PS'ZB SI2.'' EMPLOYEES i> ^Of ;A%I EMPLOYERS LIABILITY ACT "270 ■^60 IN MAN UFACTORIES 1896 1897 437" lAB0R/ ORGANIZATION CODfSOB iSl 3,78 29 'Dj4oi Jh2! DEATH NOT IN REPORT OF N ACCIDENT '399 BY COUNTIES ^*5l-52 189+ 481 "631HMEHCA1 TILE "260 STANTANEOUS I I ACKNOW "359 DEFINITIONS lll.LEDG-, ih»\i WARNING '239 '362 RISK MENT C0D.'+81 55.8 lO '+9I.OEflHniONS '508 IMPERFECT "^1 WEAV- '125 FINES FORBIDDEN .188+ 508 feS C00.'508 ^^51-52 MANUFACTUR- '438 ER5 f24l SPECIAL r^334 CONTRACT 6Y CONTT^ACTORS 508 S55 =534SPEClFICi TIONS 44 1898 1699 494 EMPLOYMENT GENERAL REGULATIONS FIFTY EIGHT HOUR 1898 1899 SPECIAL LICENSE 3t8 1900 375 WEEK IN MERCANTILE — ESTABLISHMENTS '♦25 IN JAILS ETC 1900 REVISION OF -TENEMENT WORKSHOP REGULA|TIONS '261 FOUR BOILER INSPECTORS '368 Sal '366 REPORT OF ACCIDENT '335 ESCAPE "FROM FIRE 1898 1899 C DO '548 "469 CONDITIONED ++6 TIME OF EMPLOYMENT NOTICE OTHER OCCUPA ■24 > TIONS '505 DEDUCTIONS FOR TIMeI LOST '470 BOARDS AND COMMISSIONS COLUMNS SHOW YEARS OF PASSAGE. NUMBERS REFER TO CHAPTERS IN THE ANNUAL SESSION STATUTES G.S..GENERAL STATUTES. P.S..PUBLIC STATUTES SUCCESSIVE AMENDMENTS TO AN ACT ARE PLACED BELOW TO THE RIGHT IN A HALF SQUARE BRACKET | CODIFICATION IS INDICATED BY BRACKETS) COD., CODIFICATION (R),REPEALED TABLE OF MASSACHUSETTS LABOR SAFETY AND SANITATION LEGISLATION. INSPECTION THE EMPLOYMENT CONTRACT WAGE PAYMENT ARBITRATION RNACES. JGlNES BOILERS USE ■(ACES FETY VLVES >7 TIESO 7 03 88 bS33-45 EFINED ssst ICENSE )R — MES SPECT FABLE iNES ETC DANC.EROU5 MACHINERY ESCAPE FROM FIRE ['102 P.5>I02 40-53 STEAM h 601LER3 ti BOILER ECTIOnLmoibLEK Ilicensl SPECIAL LICENSE 368 PROTECTION FOR 1 '214-.IN MANUFUCTURING AND MECHANICAL ESTABLISHMENTS I egress' I "IS? ISL EXTENSION TO MERCANTILE EXPLOSIVES 195 I '07. COD. PSC|0+%Sl3-£2 c<^eoe. 266 I UNSJVFE I FASTENED OOORS ms COMMUNICATION WITH ENGINE BUILDING -CERTIFICATES '^aiG SANITATION CLEANLINESS 8c •^aKSLlVENTI- LATION IN FACTORIES 89+ 461 179 CONTROL OF POWER CODHBI T^i- K35 RESPONS IBILITY <=I99 ^ S%23-38 ♦1-43-4-6 51-54;a9 60-62 150 SEATS SAFETY ON RAILROADS SCHOOL COMMITTEE ENFORCES '^o r PROSECUTION ^eSO SAME GS.'^ed BRAKES AND CROSSINGS §5 81-82.93 REVISION OF '•372 RAILROAD REGULATIONS WII8-I22J30-13J PSHI2 6g|S9-lti /I70-172 COLOR BLINDNESS •'681143 , VENTILATION ^173^ H305 £XTENSIO^^ MERCANTILt IS94 =508 TENEMENT WORKSHOPS =357 SEOULAT- OF =296 LABELS &3 76 C00508 iS 44-48 63;76 WORKSHOP REGULATIONS^ "5S|i59H I'S+l 79 62,170-172 54T00L5 I '"'^ 73 ■ BOILER tESTS 125 COLOR COUPLER 222 BUND ^ '-laO SVVITCHES '362 HEATING "=41 SWITCHES ETC tr %2, '83S25AME> COO 05 '4^%^ TRUANT OFFICERS 52% 4 VISIT 257 S3 MAV OE- MANO CERTIFICATE - P s '48 COD PS '48S%5-6 I NESS — '34816 POLtCB DEPARTMENT INSPECTION (R)ONE D EPUTY <^i73,S>5 '~ . ("1 -285 DETECTIVES INSPECT ■> '2l4lil6-7 RAILROAD COMMISSI- ONERS COMMISSION ERS APP OlNTED '372 PS,'103 IN5PECT01ft(l%9IO '306 _ tlTlJ COO PS'I03&|9-I^ 55^104 S42324 =266fEM600l[S \l67r=2l+ S^ 9-10 894 >'50£ I23 '362 TRAIN APPLIANCES COO'508 §23 FOUR 2iLOFFICER5 ^60S3 REPORT qF ACCIDENT =*|229 3 76AUTH 256 ORITV ■113 DEPARTMENT OF INSPECTION 3 1894 y46l III-7 10 35 39 SiiZ 438 APPEAL TWO '302 FEMALES =2IOF01>n OFCOMPlAl ACKNOWLEDGMENT OF '-III REPORTS OF ACCIDENT 367 ONE BOILER j INSPECTOR C0D'48l THREE '• :4I8 . 1836 1838 1842 1845 1846 1849 1850 1852 •32 1855 1858 1662 1864 QS'7l6 1866 1867 1874 1875 ■^206 BUSINESSJ RELATIONS 1876 1877 1878 1879 1880 1881 C0D.P.S"^II2 SI9-I5 '242'COU PL- I ER TESTS 334 INSPEC TlON OF BRIDGES "471 EXAMINERS OF ENGINEER S46 TWOj '261 FOUR BOILER INSPECTORS '368 S8 INSPEC TORS '366 REPORT OF ACCIDENT I "10. 5. IJ^7S3l 1882 1883 SAME PS '7' 1884- 1885 1886 1867 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 INTIMIDA- TION EMPLOYERS' LIABILITY 1 COMMON LAW REMEDY ONLY IN EMPUtt P. 5 MENT '211 74 PS'74i2 A ^1690 *423 I5l3< INCORPORATIOH OF LABOR ORGAt ^08 ■134 IZAT10N5 /ASij COb'423 §lil36 143-144 SAMES%T =417336-337 508.3AME SS4-558 ID '548 FREEDOM T O ■=330 JOIN SPECIAL CON- \p!,c,^ TRACT Vs^s" REPORT OF ACCIDENT PS^74^5.3-S 112 1212 EXCLUDES RE- OVERYBT EMPLOYEES ii^EXTENSION TO- kov EMPLOYEES WEEKLY PAYMENTS BTCITIES '138 EMPLOYERS LIABILITY ACT =270 •260 IN MAN =437" LAB0RJ ORGANIZATION COOISO8 |Sil 3,76 ' 29 DEATH NOT IN REPORT OF ^ ACCIDENT '87 TIONS '399 BY 1894 481 "63 II* MERCAl TILE ■260.5TANTANE0U5 I I ACKNOW; 359 0EFINniON3 IIILEDG SS&K '362 Rl^K MENT C0D.'4BI 54,810. '335 ESCAPE FROM FIRE G.S.GENERAL STATUTES. PS..PUBLIC STATUTES 1900 ■469 CONDITIONED EMPLOYMENT 491.DEFlliniONS PS'28 %I2. PS'2B S12." FINES ETC, COUNTIES WARNING '239 1894 "'508 CO0.'5O8 ^^51-52 MANUFACTUR =438 ERS J L ■446 TIME OF ■ NOTICE r241 SPECIAL r334 CONTRACT BY CONTRACTORS J '4 81 I OTHER OCCUPA '24> TIONS IMPERFECT '361 VllEIW-l ING I yia94 '125 FINES '506 iSS FORBIDDEN STATE BOARD OF 508 S55 =534 SPECIFICA- TIONS '505 DEDUCTIONS '470 BOARDS AND COMMISSIONS 1836 1838 1842 1845 1646 1849 1850 1852 1855 1856 1862 1664 1866 1867 1874- 1675 1876 1877 1678 1879 1880 1881 1882 1683 1884 1885 i63ARBITRATI0N '269 EXPERTS 385 '382 1886 1887 1689 1890 1891 1892 1893 1694 1895 1896 1897 1898 1899 1900 SUCCESSIVE AMENDMENTS TO AN ACT ARE PLACED BELOW TO THE RIGHT IN A HALF SQUARE BRACKEt|_ CODIFICATION IS INDICATED BY BRACKETS) COD., CODIFICATION (R),REPEALED DIGEST OF THE I^ABOR I^AWS OF MASSACHU- SETTS AND OF SUPREME COURT CASES DECIDED UNDER THEM. ' I. REGULATION OF CHILD LABOR. I. AGS AND Education. R. S. The law of apprenticeship is the only child-labor law. /5jtf, c. Z4S, ? !• — Children between twelve and fifteen years of age in manufactories shall attend school three months in each year. § 2. Employment in violation finable, $50. i8s8, c. 7^07.— Amends 1836, c. 245, by adding that a certificate of school attendance releases the employer. 1849, c. 220. — Amends 1836, c. 245, by substituting eleven weeks' schooling, under qualified teachers, during the twelve months preceding and in each twelve months of employ- ment, when the child has been a resident of the state for six months. Repeals 1836, c. 245, \ 2. Penalty — Eine of J50, recoverable by indictment ; shall be payable into the common school fund. 1855, c. 3jg. — Amends 1849, c. 220, and repeals inconsistencies by defin- ing "teacher " as a " teacher approved by the school com- mittee," and by striking out "of the twelve months next," thus leaving the preparatory school requirement "eleven weeks preceding the time of employment." 185S, c. 83. — Repeals inconsistencies. The annual school attendance shall be eighteen weeks. G. S., c. 42, ?? y-^.— Codifies 1836, c. 245; 1842, c. 60; 1849, c. 220; 1855, c. 379; 1858, c. 83. Omits 1838, c. 107; 1855, c. 379. ? I. School attendance. ? 2. Penalty. (See Hours of Labor.) 1866, c. ZJ3. — Repeals inconsistencies : \ i. No child under ten years of age shall be employed in manufactories. Between the ages of ten and fourteen years, six months' schooling is required (in a school approved by the school committee) "during the year next preceding" and in each year of > Abbbeviations : R. S., Revised Statutes ; 6. S., General Statutes ; P. S., Public Statutes. Enforcement, see Inspection. Deflnitions of terms, see St. 1887, c. 103-5. (107) io8 Annals of the American Academy. employment. ? 2. The "owner, agent or superintend- ent " " who knowingly employs " and the parent or guar- dian who allows such employment are liable to fine ($50). (See Hours of Labor.) 1867, c. »S5.— Repeals 1866, c. 273. The same, substituting three months as the schooling requirement for children between ten and fifteen years employed in manufacturing or mechanical establishments. (See Hours of Labor.} i8j6,c. 5*.— Repeals inconsistencies: g i. The same age limit,— the parent or guardian held responsible under penalty of |20 to $50, payable into the public school funds. § 2. Twenty weeks' schooling in each year is required for children under fourteen employed in manfacturing, mechanical, or mercantile establishments. A certificate from the school committee is required as evidence of compliance. 1878, c. 257. — Amends 1876, c. 52, by requiring certificates of age and birth to be kept on file where children under sixteen years of age are employed, and by restricting employ- ment of those between the ages of ten and fourteen who cannot read and write to the times of public school vaca- tion. Lack of certificate is deemed violation. 1880, c. 13J. — Amends 1878, c. 257, ? i, by requiring certificates to be signed by a " member of the school committee " or " some one authorized by them," — the form to be furnished by the secretary of the state board of education and approved by the attorney general. P. S., c. 48, U 7-7.— Codifies 1876, c. 52; 1878, c. 257; 1880, c. 137. ? i. Age limit. Penalty, i 2. Under fourteen years of age. S 3. Certificates, g 4. Penalties, g 7. Illiterate children. 1883, c, 224. — Amends Public Statutes, c. 48, ? 1, by forbidding the employment of a child under twelve years of age "dur- ing the hours " of public school session. i88s, c. 222.— Amenis c. 48, ? 7, Public Statutes, by substituting . "days" of public school session instead of " hours." 1887, c. ^j^.— Repeals c. 48, 1 7, Public Statutes. § i. Children under fourteen years, "who cannot read and write English," shall be employed only during public school vacations. The "owner, superintendent, or overseer," and the "parent or guardian " are held under penalty ($20 to {50, payable into the school funds). ? 2. Every person who " regularly employs " a minor of one year's residence, who cannot read, etc. , and who does not regularly attend day or Massachusetts Labor Legislation. 109 evening school, is liable to fine of $50 to JSioo, payable into the evening school funds, g 3. The school commit- tee may issue a special permit, for a fixed time, to a child whose labor is necessary. § 4. The school committee shall post two weeks' notice of the opening of each even- ing school term in three public places. 1889, C, /jy.— Amends 1887, c. 433, § 2, by substituting instead of " regular attendance at day or evening school," " regular attendance at day school, or 70 per cent of the yearly ses- sions of the evening school." iSgo, c. 48. — ^Amends 1887, c. 433, § 3, by providing that if the child is prevented by sickness or injury from attending evening school, the school committee shall issue the special labor permit only upon the presentation of a physician's certifi- cat&T—the form to be furnished by the committee. l8gi,c,3iy. — Amends 1887, o. 433, by striking out "regularly em- ployed," and by substituting "resides in" (Mass.) for the year's continuous residence qualification. 1888, c.j^.— Repeals c. 48, U 1-6, Public Statutes, 1883, c. 224; 1885, c. 222; 1887, c. 433, § I, and inconsistencies. ? i. No child, under thirteen years, shall be employed in " factory, work- shop, or mechanical establishment," "in any indoor work," during the hours of public school session (for wages or compensation to whomsoever payable) ; or " in any manner during such hours, unless during the year next preceding" he has attended school for twenty weeks. 2 2. The employment (as designated §1) of children under fourteen years — except during vacation — is conditioned upon the keeping on file of certificates and employment tickets, — such employment to cease upon the expiration of the certificate. The chief of district police, with the approval of the governor, may forbid the employment of such children in unhealthy occupations, and the employer must comply within one week after receiving written notice. ? 3. School certificates and a list of all employees under sixteen years of age must be kept on file. § 4. The certificate shall be signed, only after the presentation of an employment ticket, — the form for each of these is given, (? 5. ) by the superintendent of schools, his agent or some authorized member of the school committee (not the prospective employer), who is given power to admin- ister oath. I 6. The certificate of age must be signed by the father, mother or guardian. J 7. But no child, con- no Annals of the American Academy. tinuously a resident of the state since thirteen years of age, and not exempted by law, shall be given a certifi- cate unless he has had the twenty weeks' schooling. Proof of age shall be a certificate of birth or baptism, testimony of the school census, or other satisfactory evi- dence. \ 8. Violations are punishable by fine (320 to J50), for signing a certificate falsely not more than $50, or thirty days' imprisonment or both, g 9. Definitions (see Sanitation, St. 1887, c. ? 1035). (See Hours of Labor.) 7889, c. ^p/.— Amends 1888, u. 348, \ 7, by allowing ability to " read at sight and write legibly simple sentences in the English language," as substitute for the twenty weeks' schooling requirement in granting an age certificate to a child over thirteen years. i8go, c. zgg. — \ i. The age or school certificate shall belong to the child who draws it and must be returned upon discharge — I 2 — under penalty of f 10 fine upon the corporation or employer who retains it. 18^2, c. 352. — Amends 1888, c. 348, \ 2, by substituting thirty weeks' schooling requirement, — provided that the school is in session for that period, — ^the time to be divisible into three terms of ten weeks each. 1894, c. S08, §? 13-25, 62, 6j, 6g, 70, 78. — Codifies 1883, cc. 224 1885, c. 222; 1887, i;. 433; 1S88, c. 348, II 1-8; 1889, cc. 135, 291; 1890, cc. 48, 299; 1891, c. 317 ; 1892, c. 352. ? 13. Under 13 years of age. ?J 14, 15. Under 14 years of age. ?§ 16-22, 62, 69. Certificates. § 23. Inspection, gj 24, 70. Illiterate minors. § 25. Special permits. J J 67, 78. General penalties. i8gS, c. ^9^.— Repeals 1894, c. 508, ?? 13, 14, 16-25, 67. 69. 7° and inconsistencies. | 1. (JJ 13, 14) The age limit is raised to fourteen years in factory, workshop and mercantile establishment. Such children shall not be employed in " any work performed for wages or other compensation" to whomsoever payable, during hours of public school session. (See Hours of Labor — Night Work.) §2. (? 16) The employment of minors under sixteen years of age is conditioned upon the keeping of age cer- tificates on file and " accessible," and two complete lists of such minors, one on file and one conspicuously posted near the entrance of the building. The names of minors 'who cannot read, etc., must be kept on file and a dupli- Massachusetts Labor Legislation. m cate list sent to the superintendent of schools, or to the school committee. ?2 3-4- Certificates provided as be- fore. 2 5- An employment ticket (as above) is the pre- requisite in drawing an age certificate. Duplicates of certificates issued must be kept on file (forms for both given as before). The "custodian" of the child may ■witness to his age. When evening school attendance is required the certificate remains in force only during reg- ular attendance as ' ' weekly endorsed by the teacher thereof." ? 6. Penalties: Fine of f 50 upon the employer, and of jS5-$20 upon the parent or person controlling the child for each day's violation after notice from the inspec- tor or truant oflScer. Failure to produce the certificate or lack of list is deemed violation. Fine for retaining a certifi- cate, jSio; for knowingly certifying to a false statement, , foo- i 7- (22 24, 70) No minor oz;f>- fourteen years who can- not read, etc., shall be employed unless a regular attend- ant at evening school (where such are maintained by the city). The superintendent or teacher may excuse absence for cause. When a doctor's certificate states the appli- cant to be physically unable to both work and study, a special work permit may be given for a fixed period. 2. Occupations. (a) Peddling and Begging. G. S., c, so, i 14. — The mayor and aldermen may be authorized to restrict or license sales by minors. 1864, c. 151, \ I. — Cities and towns may regulate sales by minors. P. S., c. 68, 2 2.— Codifies G. S., c. 50, 2 14, and 1864, c. 151, 2 i. 1887, c. 42s. — ^Any person controlling, or using, a minor under fifteen years of age, who begs or peddles without license, where one is required by law, shall be liable to fine of I200 or six months' imprisonment. i88g, c. 22g. — No street railway corporation shall allow any minor under ten years to enter a car to peddle. A fine of fgo is recoverable in action of tort, by any person, within three months. The corporation is liable for violation by ■ any servant or agentr i8g2, c. 331. — Repeals c. 68, \ 2, Public Statutes : The mayor and aldermen may regulate, etc., the issue of licenses for ped- dling by minors, and any minor who violates shall be fined $10. 112 Annals of the American Academy. (b) Shows, Circuses, etc. t$74, c. 57p. — Ivicenses shall not be granted for shows, etc., in which children under fifteen years are employed as gymnasts, etc. l8fy, c. lyz. — Any person who "employs, exhibits, sells, apprentices or gives " a child under fifteen years for " the vocation, occupation, service or purpose of dancing, playing on musical instruments, singing, rope or wire walking, or in riding or as gymnast, contortionist, or acrobat, in a cir- cus, theatrical exhibition or public place, or who shall " cause, procure or encourage " to do so, is fined ^200 or given six months in the county jail. Proviso. — This shall not prevent education in music, or employment in church or chagel, or appearance in a school exhibition, concert or musical entertainment with the written permit of the mayor and aldermen or select- men. 1880, c. 88. — No license shall be given for "theatrical exhibition " or "public show" where children under fifteen years, and " belonging to the public schools," take part, or " where, in the opinion of" the board of licensers, employment is corrupting to moral or physical health. P. S., c. 48, U *-J).— Codifies 1874, c. 279; 1877, c. 172; 1880, c. 88. 2 8. Penalty for employing. ? 9. License not to be granted. 1894, C.S08, U 49,50, (S^.— Embodies P. S., c. 48, \\ 8-9. \ 49. Employ- ment of children in shows, etc. ? 64. Penalty. \ 50. Li- cense. 1898, c. 394. — Amends 1894, c. 508, ? 49, by forbidding the exhibition of these children in dancing " upon the stage," by allow- ing instruction in dancing, and by permitting such chil- dren to take part in " festivals." (c) Handling Dangerous Machinery. l88j, c. 121. — Children under fifteen years of age must not clean any part of machinery which is in motion or dangerously near to machinery which is in motion. The owner, super- intendent, or agent is held responsible under a fine of $SO to $100. 1890, c. go. — Children under fifteen years of age must not have " care, custody, management or operation " of any elevator, nor under eighteen years, at a speed of over 200 feet per Massachusetts Labor Legislation. 113 minute. Any person, firm or corporation who employs, or permits to be employed, in violation is fined $2$ to fioo. 1894, c. 508, \\ 31, 32, 73, 7^.— Codifies 1887, c. 121; 1890, c. 90. ? 31. Cleaning dangerous machinery. § 73. Penalty. J 32. Operating elevators. ? 74. Penalty. II. HOURS OF LABOR OF WOMEN AND CHILDREN. I. GENERAI,. ^1842, c. 60, ^^3-4. — Children under twelve years shall not be employed more than ten hours a day in manufactories, — the owner, agent or superintendent to be fined $$0 for " knowingly " violating. (See Age and Education.) G. S., c. 42, \ 3. — Embodies 1842, c. 60, \\ 3-4. 1866, c. iJ3, J 3. — No child under fourteen years shall be employed in any manufacturing establishment more than eight hours a day. (See Age and Education.) 186 J, c. 285, \ 2; Repeals, 1866, c. 2J3. — No child under fifteen years shall be employed more than sixty hours in one week under penalty of fso for " knowingly " violating. (See Age and Education.) *i8j4, c. 221. — § I. Hours of labor for women and minors in manu- factories shall be ten per day except (i) to make good loss of time due to stoppage for repairs in a previous day of the same week, or (2) to give one shorter day. In no case shall the hours exceed sixty per week. \ 2. The person, firm or corporation, superintendent, overseer or agent, and the parent or guardian are fined J50 for " willful " violation, upon prosecution within one year. 1 A "corporation" is not liable to penalty as imposed by St. 1942, c. 60, S 3, on tlie "owner, agent or superintendent" of a manufacturing establisli- ment, for employing children under the age of twelve years in laboring more than ten hours a day in such establishment. Benson v. Monson & Brimfleld Manufacturing Co., 9 Met. 562. " St. 1874, c. 221, violates no contract of the Commonwealth implied in the granting of a charter to a manufacturing company ; and it violates no right reserved under the Constitution to any individual citizen. It may be maintained as a health or police regulation. A law, which merely prohibits a woman's being employed In any manufacturing establishment more than a certain number of hours per day or week, does not violate her right to labor as many hours per day or week as she sees fit, and Is within the power of the Legislature to enact. Commonwealth v. Hamil- ton Manufacturing Co., 120 Mass. 383. 1 14 Annals of the American Academy. 1879, c. 507.— Amends 1874, c. 221, by striking out the word " willful." ^1880, c. ip4.—i ?. Amends 1874, c. 221, g i, by requiring printed notice of the number of hours of work required in each day to be posted in workrooms where women and minors are employed. ? 2. By adding that employment, " in any one day," beyond the hours so stated shall be deemed violation, except as allowed in St. 1874, c. 221. Also, by raising the penalty from $50 to f 100. P. S., c. 74, §g ^-5.— Codifies 1874, c. 221; 1879, <=• 207; 1880, c. 194. § 4. Hours of labor — 60 per week. Postment of notice. \ 5. Penalty. 1883, c. 7-57. —Amends c. 74, \ 4, Public Statutes, by extending the ten- hour day to women and minors in "mechanical and mercantile establishments." 1884, c. ^75.— Repeals c. 74, \ 4, of Public Statutes. \ i. No minor shall be employed more than sixty hours per week in "any mercantile, establishment." Notice of hours shall . be conspicuously posted. Penalty of I50-J100 is placed upon the employer, corporation, parent, or guardian for violation. An age certificate, sworn to by the minor and guardian, shall be evidence of age. 1886, c. go. — ^Amends c. 74, \ 4, Public Statutes, by adding that the form for notices shall be furnished by the chief of the district police as approved by the attorney general, and shall require a statement of the time allowed to start and stop machinery and of the time given for meals. J887, c. 280. — Amends c. 74, \ 4, Public Statutes, and repeals 1886, c. 90: J 1. By allowing overtime employment (to make good loss during repairs, etc. ) only when the stoppage has lasted more than thirty minutes, and after written report stating day, hour and duration has been sent to the chief of dis- trict police or the inspector. A fine ($5o-$ioo) is imposed for false report. ? 2 By requiring the notice to state " the hours of commencing and stopping work, hours when time for meals begins and ends, or if exempted (St. 1887, c. 215, \ 3, see Meal Hours) the time, if any, allowed for meals" — the printed form to be furnished by the > Tbe St. 1874, c. 221, as amended St. 1880, c. 194, applies only to per- Bons who are "permanently therein employed." Complaint against a man- nfacturing corporation for violation in employing a certain woman, with- out having posted a printed notice in a conspicuous place in tbe room in which she was employed, stating the number of hours' work required of snch persons on each day of the week, Is insufficient. Commonwealtb v. Osborn Mill, ISO Mass. 33. Massachusetts Labor Legislation. 115 chief of district police and approved by the attorney general. iSpz, c. 357. — Amends c. 74, \ 4, Public Statutes, by reducing hours of labor to fifty-eight a week. 2. Hours for Meai,s. l88j, c. 21$. — \ X. In factories or workshops where five or more women and minors begin work at the same hour, meal time shall be given them later at the same hour without imposing additional work upon those who may work through such hour (directed against "doubling up"). \2. Intervals shall be six hours of work to one-half hour for the meal, six and one-half hours when work ends at one o'clock, or seven and one-half hours (time for lunch being given) when work ends at two o'clock. §§ 3-4. Exceptions defined, and special certificates of exemption allowed to be given by the chief of district police with the approval of the governor. \ 5. Whoever " for himself or as superintend- ent, overseer or other agent" violates is liable to fine (^50-Jioo), except when the operative violates against orders. j88j, c. 330. — Amends 1887, c. 215, \ 5, by releasing the employer from responsibility when a woman or minor violates without the "order, consent or knowledge" of himself, the superintendent, overseer or agent, — notice forbidding labor during meal hours having been posted in the work rooms. 3. Night Work. 1SS8, c. 348. — \ 2. No child under fourteen years shall be employed in any manner between 7 p. m. and 6 a. m., under penalty of fine {%20-$^o) payable to the public schools. (See Age and Education.) j8go, c. 183. — No woman or minor shall be employed for the purpose of manufacturing between 10 p. m. and 6 a. m. by any corporation or manufacturing establishment under pen- alty of fine ($2o-|5o). i8gz,c.83. — Amends 1890, c. 183, by correcting parties held: "No person or corporation or officer or agent thereof shall employ," etc. l8g4, C.S08, U lo-iz, 26-29, 56, 59, 60, 61, 68, 77.— Codifies P. S., c. 74, 22 4-5; 1883, c. 157; 1884, c. 275; i886, c. 90; 1887, cc. 215, 280, 330; i888, c. 348; 1890, c. 183; 1892, cc. 83, 357. 2 10. Hours for minors in mercantile establishments. Il6 Annals of the American Academy. 2 60. Penalty. | 61. Evidence. § 11. Hours for women and minors in manufacturing and mercantile establish- ments. Notices, g 56. Complaint, g? 59-60. Penalty. 2 12. Night work. g68. Penalty. 8226-29. Meal hours. i 71. Penalty. 1900, C. 378. — Amends 1894, c. 508, ? 10, by extending the fifly-eight- hour week to women and minors in mercantile establish- ments, — this law not to apply to retail shops during December. III. HOURS OF LABOR OF EMPLOYEES OP THE COMMONWEALTH. l8go, c. 3JS. — Repeals inconsistencies. Nine hours shall constitute a day's work for all laborers, workmen and mechanics employed by or on behalf of the Commonwealth or any city or town therein. iSgi, c. 350. — Amends 1890, c. 375, by extending it to like employees of counties. 1893, c. 406. — Nine hours of manual labor shall constitute a day's work under contracts for the Commonwealth. i8c)3, c. 386. — On any street railway a day's work for conductors, drivers and motormeu shall not exceed ten hours per- formed within twelve consecutive hours. On holidays and extraordinary occasions, extra labor shall receive special compensation. Penalty, ^100. 1894, c. S08, U 7-9.— Codifies 1890, c. 375 ; 1891, c. 350 ; 1893, cc. 406, 386. il 7-8. Employees of the Commonwealth, g 9. Employees of street railways. 1899, c. 344. — Repeals inconsistencies. After acceptance by voters, eight hours shall constitute a day's work " for all labor- ers, workmen and mechanics " employed by or on behalf of any city or town in this Commonwealth. igoo, c. 42s. — Sixty hours shall constitute a week's labor for employees of county jails and of houses of correction. Any county officer "inducing or compelling " labor in violation of this act shall be punishable by fine of ^^25 to $50 for each offence. IV. SAFETY AND SANITATION. I. Boii,5RS AND Engines. 184s, c. igf. — Acceptance by city or town necessary, gg 1-4, 10. Iron furnaces or steam engines shall not be erected without license from the municipal authorities, who may also Massachusetts Labor Legislation. 117 regulate their use. An engine, etc. , used in violation, shall be treated as a "common nuisance." ?5. H6-g. Appeal may be made to the Court of Common Pleas.' Notice of application for license. 1846, c. g6. — Amends 1845, c. 197, H x-3, by extending its provisions to glass furnaces. i8jo, c. 2jy. — Every steam boiler shall be furnished with a fusible safety-plug valve. Penalty, jSi.ooo. 1852, c. 24J. — Amends 1850, c. 277, and repeals inconsistences, by defin- ing parties liable as "any person or corporation manu- facturing, setting up, knowingly using or causing to be used, a steam boiler unprovided with the safety-plug." 1852, c. igi. — The mayor and aldermen or selectmen are given the. right to enter and inspect any steam engine. 185^, c. 2sp. — Amends 1852, c. 191, by giving the right to inspect " steam boilers," as well as engines. 'G. S. c. 88, ^j-.j(5.— Codifies 1845, c. 197 ; 1846, c. 96 ; 1850, c. 277 ;, 1852, cc. 191, 247 ; 1859, c. 259. j? 33-34- License. J 35.. Regulation. 2236-39. Appeal and proceedings, etc. 241.. Officials examine. J 40-42. Engine or boiler, a nuisance., ? 43. Safety plugs. ?§ 44-45- Penalties. 1862, c. J4. — Acceptance by the city or town necessary. A license shall be required for the use of a stationary engine within 500 feet of a dwelling. An engine erected without such license shall be deemed a common nuisance. 1880, c. 116. — Portable steam engines and boilers may be inspected by city or town officers and the use of unsafe ones be pro- hibited. Use against orders makes such engine a commote nuisance. P. S.t c. 102, l\ ^o-5j.— Codifies G. S., c. 88, 2 33-45; 1862, c. 745 1880, c. 116. 22 40-42. License and regulation. 22 43"" 46. Appeal, proceedings, etc. 22 47-48, 50. Nuisances. 2 49. Officials examine. 2 5i- Safety plugs. 22 52- 53. Penalties. ' An order of the municipal authorities regulating the use of an engine etc., which was erected without license after the passage of St. 1845, u. 197, is in effect such a license. Call v. Alien, 1 Allen, 137. ' A legally erected engine is not a nuisance and the landlord is not liable to third persons for any injury resulting to them from its mainte- nance and use by the tenant. Saltonsall v. Banlser, 8 Gray, 195. The use of appliances for safety "ordinarily used in such establish.; ments" is not defense for iinowingly operating a boiler without a safety plug in a suit for damages. Cayzer v. Taylor, 10 Gray, 274. ii8 Annals of the American Academy. i88s, c. 3J4, W Sj-Ss. — A steam boiler must rest upon the cellar floor or upon brick arches and iron beams and shall be encased in infusible material. i8ps, c. 418. — \ I. Owners or users of fixed steam boilers (except in private houses, U. S. boilers, those insured, used for agri- cultural purposes, etc., or of less than three-horse power) must annually report their location to the chief of district police. \ 2. Every facility must be given to inspectors in their examination of "each of the boilers designated in \ 1." § 3. The inspector shall give certificate for good condition and use of a boiler ; without such certificate may be enjoined and the owner proceeded against before the Superior or Supreme Court, which may issue injunction (as in equity). \ 4. The inspector may fix the maximum pressure and require a satisfactory automatic device. \ 6. The chief of district police, with the approval of the governor, may adopt rules necessary to enforcement. J 5. Pees of f 2 per inspection shall be returned monthly into the state treasury by inspectors. \ 7. Penalty for violation — ^8500, three months' imprisonment, or both. i8g8, c. i6y. — Amends 1895, c. 418, \ 2, by correcting the error in English which involved the inspection of boilers ex- empted by ? i: "Each of the boilers designated in § i, and not therein exempted, shall be inspected." l8gs, c. 4JI. — \ I. An engineer who operates a fixed steam boiler not exempted by St. 1895, c. 418, \ i, and over eight-horse power, must obtain a license, and no owner shall allow an unlicensed engineer or fireman to operate longer than one week. ? 2. A license — good for three years, unless revoked for cause — shall be given after examination and be renewable without examination. ? 3. Grades for en- gineers shall be (l) unlimited horse power; (2) 150-horse power ; (3) 50-horse power. Firemen ungraded. Special license to operate a special plant (good for three years)- may be given upon examination. § 4. Pees ($1.00) are returnable by the examiner, if in the district police to the state treasurer; otherwise, to the town or city treas- urer. \ 5. Boiler inspectors shall act as examiners (^ 6) and shall notify all engineers to apply for license. License or notice of rejection shall be sent within forty-eight hours of examination. \ 7. Appeal from the examiner is given to the decison of the chief of district police. \ 8. Violation, after notice, is punishable by fine of J300 or three months' imprisonment. Massachusetts Labor Legislation. 119 /8g6, c. 546, — Continues 1895, c. 471, and repeals inconsistencies by- allowing license to be given without examination to engineers who have been "employed continuously" for " five years next prior to the passage of this act," and by giving appeal to the decision of the five other examiners approved by the chief of district police. Penalty for "intentional" violation, $300 or imprisonment (three months. ) iSgg, c. 368. — Repeals inconsistencies. This is chiefly a restatement of St. 1896, c. 546. 2 I. Adds exemption of boilers or engines "upon motor road vehicles" and " in apartment houses of less than five flats." J 2. Adds that the fact that an unlicensed engineer is found operating an engine, and again found so operating after one week, shall be evidence of violation. ? 3. Adds that application for license shall show experience during the last three years of service, allows the applicant one spectator to take notes at the examination and, except upon appeal, allows but one examination within ninety days — ^license given within six days of approval, to be good as before or until a new one is granted — requires application for renewal to be brought ■within six months of its expiration, and upon issuance of a new-grade license requires the examiner to destroy the old one, also replaces one proved to have been lost by fire. ? 4. Adds grades for firemen's licenses, — (i) any boiler or boilers, (2) low-pressure heating boilers. J 5. Defines to ' ' have charge " as " to have supervision ' ' over, and "person operating " as anyone " actually engaged in generating steam." § 6. Basis for estimating the horse power of boilers and engines. ^ 9. Allows the presence of a first-class engineer at the hearing of an appeal. ? 10. Requires the license to be conspicuously posted in the engine or boiler room. ? 11. Penalty upon "whoever violates," $10 to $300 or imprisonment (three months). Any trial justice may impose a fine less than jSso. igoo, c. 201, — Amends 1899, c. 368, ^ 4, by allowing examination for special engineer service only when a written request by the owner of the plant is filed with the application. 2. Dangerous Machinery, Firs-Escapes, Etc. iS^y, c. 214.. — \ I. Belting, shafting, gearing and drums in all fac- tories shall be protected, when, " in' the opinion of the inspector," these are dangerous. No machinery, except 120 Annals of the American Academy. engines, shall be cleaned while in motion, if the inspector objects in writing. "All such establishments shall be well ventilated and kept clean." § 2. Openings and hatchways shall be guarded as directed by the inspector. ? 3. When such building is three or more stories in height and accommodates forty or more persons there must be adequate tower stairs or outside fire-escapes, kept in repair and free from obstruction. § 4. The main doors shall open outwards when the inspector so directs in writing, and there must be apparatus for extinguishing fire, i 8. The person or corporation who violates shall be liable for damages due to violation and to fine of I50 to I500. The inspector shall prosecute after giving four weeks' notice. 1880, e. 181. — Amends 1877, c. 214, by extension to " mercantile estab- lishments." 1881, c, igs. — Amends 1877, c. 214, g 8, by redefining parties liable as " any person, firm or corporation, being owner, lessee or occupant of any manufacturing establishment " or " own- ing or controlling the use of any (such) building or room." 1880, c. igj. — Every room above the second story in which five or more operatives are employed must have more than one stairway (inside or out), if possible at opposite ends. Outside escapes must have railed landings which connect by door or window at each story. Inspectors may accept other adequate provision; 1881 c. 13J. — § I. In no manufacturing establishment shall explosives or inflammable compounds be left or used where hazard- ous to egress in case of fire. \ 2. Penalty as in St. 1877, o. 214. '^ P. S., c. 104, \\ 13-ig, 21, 22. — Codifies 1877, c. 214; 1880, cc. 181, 1 An employee cannot maintain an action against his employer for in- jury due to violation of P. S., c. 104, §§ 14-22, unless he himself was exer- cising due care. Taylor v. Carew Manufacturing Co., 143 Mass. 470. P. S., c. 104, 14, as amended by St. 1882,. c. 208, does not make the owner of a building, who does not comply with its provisions, liable for damages to a person injured in the absence of evidence that the act has been accepted by the city in which the building is located. Handyside v. Powers, 145 Mass. 123. An experienced machinist injured by uncovered gearing, which is In plain sight and transmits power to the machine upon which he is working, cannot recover damages ; and the employer is not negligent in failing to warn him of the risks of the employment. An employer is not liable to criminal prosecution (P. S., c. 104, § 22) or to action for violation of § 13 until the notice required by § 22 has been given him by an inspector. Foley V. Pettee Machine Works, 149 Mass. 294. Massachusetts Labor Legislation. 121 197; 1881, cc. 137, 195. g 13. Belting, etc. i 14. Open- ings. ?2 15-18. Stairways and fire-escapes. ? 19. Doors and fire-extinguishing apparatus. ? 21. Explosives. ? 22. Penalties. ^1883, c. 208. — Amends c. 104, i 14, Public Statutes, by requiring all elevator cabs to be provided with appliances to hold the car in case of accident and by extending application of the law to "mercantile establishments." l88z, c. 266. — Amends c. 104, Public Statutes: ?i (Amends, ? 15) By including " all manufacturing establishments," and by allowing cities and towns to extend its provisions to other three-story buildings. J 3 (Amends, 2 22) By recast- ing, and by adding that notice to one member of a firm, or to the clerk or treasurer of a corporation, shall be sufficient warning. 1888, t. 426. — Repeals c. 104, W 15-20, Public Statutes. Regulation of egress and escape from fire in certain buildings, includ- ing "factories, workshops, mercantile and other estab- lishments, — a restatement of P. S., c. 104, W 15-10, with the following modifications: \ i (modifies, \ 15-18) applies " where /«« or more persons" are employed " above the second story;" requires "railed landings" to the escapes; and instructs the inspector to give written notice of his re- sponsibility to the "owner, lessor or occupant," who shall comply as directed in writing by said inspector. \ 2. Requires the inspector to give his certificate — revok- able for cause upon written notice to the holder — stating the number of persons for whom there is sufficient egress. 2 3. His acknowledgment of an application for a. certifi- cate to hold ninety days. \ 4. Requires that notice of any changes be sent to the inspector. \ 5 (embodies, St. 1882, c. 266, \ 3). Warning. \ 6. Allows any one of joint owners to construct a necessary outside escape, which may pro- ject over the highway, upon any part of the building. • 2 7. Forbids a license for the use of premises without a certificate and makes one void after the expiration of the certificate. \ 8. Forbids wooden flues, unprotected heating pipes, etc. ? 9 (? 19). \ 10 Inspection. W 11 and 13. (1882, c. 266, ? i). Kxtension. \ 12. Raises the pen- alty upon ' ' owner, lessee or occupant ' ' from $50 to $1,000. ^St. 1882, c. 208 (P. S., 104, § 14), requires that the elevator car be provided with a mechanical device for holding it in case of accident, op- Uroved by the inspector, not one which will "under all circumstances" hold In event of accident. Bourgo v. White, 150 Mass. 216. 122 Annals of the American Academy. 1883, c. 173. — The inspector shall placard and prohibit the use of unsafe elevators until altered to his satisfaction. Any person removing the notice or using the elevator shall be liable to fine (|io to fso). 1884, c. 52. — J I. In no building where operatives are employed shall doors be locked or fastened during working hours (? 2), under penalty of f 10 to JJ50, after five days' written notice. 1886, c. IJ3. — \ I. In any manufacturing establishment where steam is used to propel machinery there must be communica- tion — by bell, tube or other signal — with the engine-room, when the inspector deems necessary. \ 2. Penalty, $25 to $50 after four weeks, written notice. Inspectors enforce. i8go, c. 77p. — Amends 1886, c. 173, by allowing "appliances that control the motive power " as substitute for engine-room communication. 3. BunDiNG Permits. 1888, c. 316. — 2 I. When a factory, workshop, mercantile or other establishment, " over two stories in height " and intended to accommodate ten or more employees above the second story, is to be erected, a copy of the building plans show- ing the ways of egress, provision for checking a fire, etc., must be deposited with the inspector and a certificate endorsed by the chief of district police be taken out. ? 2. Provision for injunction and fine {$50-$i,ooo). i8g3, c. icip. — Amends 1888, c. 316, by requiring the plans to include the system or method of ventilation, and by extending the responsibility of submitting plans (under penalty) to " any architect or other person who shall draw plans or specifications, or superintend the erection or construction of a building." 1894, c. 481, U 23-38, 41-43, 46, 51-54, 59, 60, fo.— Codifies P. S. cc. 104, 13-19, 21-22 ; 1882, cc. 208, 266; 1883, c. 173; 1884, c.52; i885,c. 173; 1888, cc. 316,426; 1890, c. 179; 1893, cc. 199- § 23. Belting, etc., protected— cleaning machinery. §? 24-34- Egress, construction, certificates, license, dam- age and proceedings. ? 60. Penalty. I 36. Extension. § 41. Openings. §? 42-43. Elevators. § 46. Explosives. §? 51-52. Communication with engine-room. J 59. Pen- alty- ?? 53-54- I feet from a crossing with another railroad and await a signal to continue. 1874, c. 3JZ. — ^A revision of railroad laws which adds the following: § 1 18. New or renewed switches shall be safety switches approved by commissioners. Penalty, f2oo, and %^.ca per day of their use. \ 119. Suitable bridge guards ap- proved by commissioners shall be erected and maintained where bridges are less than eighteen feet above the track. Penalty $50 for each month of continued violation; and not more than ;!!ioo and thirty days' imprisonment for their willful destruction. § 122. Commissioners may pre- scribe further rules for special crossings. \ 131. Every car shall be equipped with specified tools and such others as commissioners shall require. Penalty I500. \ 132. Pas- senger cars shall not be lighted by explosive oils. t88i, c. 68. — ^Amends 1874, c. 372, I 119, by striking out "less than eighteen feet above the tracks.'' 1881, c. 143. — ^Amends 1874, c. 372, g 122, by excepting roads which maintain a system of interlocking signals approved in writing by the commissioners. 1881, c. ig4. — Persons employed in positions which require them to distinguish colors shall pass examination for color-blind- ness before and every two years during employment. Penalty for employing in violation, $\qo. 126 Annals of the American Academy. P. S., c. 112, l\ 159-162, 170-172, ^79.— Codifies 1874, c. 372, \l 118-122, 130-132; 1881, cc. 68, 143, 194. \\ 159-160. Switches and bridge guards. \\ 161-162. Crossings. \\ 171-172. Tools, light. \ 179. Color-blindness. 18&2, c. 5^.— Amends Public Statutes, c. 112, § 171, by requiring two sets of specified tools, one inside and one outside, for every car (except freight), the place to be approved by the commissioners; one set shall suffice if accessible from within and without. \ 2. Penalty for tampering with tools, not more than f 100, three months' imprisonment, or both. § 3. Safeguards against fire shall be as ap- proved in writing by commissioners (? 4), who may also require such other appliances as safety of life in passenger trains may demand. Penaltj-, $500. i88j, c. 12$. — Amends Public Statutes, c. 112, \ 179, by striking out the requirement of biennial examination for color-blind- 1SS5, c. 3$. — A system of automatic signals exempts roads from Public Statutes, c. 112, ? 161. 1882, c. 73. — 2 I. Commissioners shall draft, and (§3) may revise, regulations for testing locomotive boilers and send the same to every railroad corporation. \ 2. Penalty for using untested boilers, %io per day. \ 4. When possible, the master mechanic shall make the test. 1884, c. 222. — New and renewed couplers on freight cars shall be safety couplers, which have been prescribed by commissioners, after examination and test, g 2. This act shall be en- forced by the supreme judicial court upon the application of the attorney general. 1886, c. 120.— Frogs, switches, etc., shall be blocked. A certificate from the commissioners shall be evidence. § 2. Penalty, jtioo to Ji,ooo. 1887, c. 362. — ^The method of heating any car shall be subject to the approval of commissioners. i8gi, c. 249. — No passenger car shall be heated by stove or furnace kept inside the car or suspended from it, unless from temporary necessity or with a grant of exception from commissioners. 1894, c. 41. — Corporations shall block, etc., frogs, switches, etc., and keep them so blocked, etc., by some method approved by the commissioners. \ 2. Penalty, |io to Jioo for each offence. (See above, 1886, t. 120.) Massachusetts Labor Legislation. 127 l8gs, c. 36s. — 2 I. Locomotives and cars shall be equipped with steam train-brake appliances, and corporations may refuse to receive unequipped cars from other roads. Freight cars shall have (J 2) automatic couplers, (J 3) grab-irons and (? 4) draw-bars. Exception is made of four-wheeled cars and locomotives hauling them. III. INSPECTION. 1. By the Schooi, Committee. J842, c. 60, J I. — ^The school committee shall prosecute violations of the child-labor laws — penalties recoverable by indictment to the use of the public schools. 184P, c. 220, § j. — Embodies the above clause (1842, c. 60, ? i). 18^8, c. 83, \ 2. — Embodies the above clause (1842, c. 60, \ l). G. S., c. 42, \ 2. — Codifies 1842, c. 60, ? i; 1849, c. 220, \ 3; 1858, c. 83, I 2. J8j6, c. 52, \ 4. — Truant officers shall visit mechanical and manufac- turing establishments once per school term, and report all violations to the school committee. 1878, c. 25 J, %3. — Truant officers may require the production of cer- tificates. P. S. , c. 48, U 5-(5.— Codifies 1876, c. 52, I 4. 1878, c. 257, ? 3. ? 5. Truant officers' visit. J 6. Certificates. 1888, c. 348, 2 8. — Truant officers, when authorized by the school com- mittee, "may" visit factories, workshops and mercan- tile establishments and report violations of this act to the school committee, the chief of district police or the in- spector. The inspector or truant officer may require the production of certificates and lists of those under sixteen years. Truant officers shall inquire into the employment otherwise of children " during the hours of public school session," and such officer or the inspector may prosecute if such employment continues one week after written notice to the offender that suit will be brought, or if more than one such written notice in regard to one or another child has been given within one year. i8g4, c. 508, ? ^y.— Codifies P. S., c. 48, §§ 5-6; 1888, c. 348, \ 8. 2. By the Police Department. 1866, c. 2J3. — 2/. The governor with the consent of the council " may " instruct the constable of the Commonwealth to enforce the provisions of G. S., c. 42, and all other laws regulat- 128 Annals of the American Academy. ing the employment of children in manufacturing estab- lishments, and to prosecute violations. 1867, c. a^^.— Repeals 1866, c. 273, ? 4. The constable is required to detail one deputy to enforce this and all laws concern- ing the labor of minors, and annually to report to the governor. Any person may prosecute. i8j7, c. ZI4. — Repeals inconsistencies. \ 6. State detectives shall be detailed to inspect factories and public buildings— the chief to make annual report to the governor. \ 7. Their duties shall be to enforce this (safety requirements) and all other acts relative to the employment of women and minors, to accomplish which they are given full power to enter, examine and prosecute. \ 8. The inspector shall prosecute after giving four weeks' notice. \ 9. Such inspection shall not extend to Boston or other cities which under statute or charter supports its own inspection o£Scers and enforces similar regulations. \ 10. An in- spector shall be discharged for failure in the performance of his duties. l8j9, c. 305. — § 12. The governor is authorized to appoint two inspec- tors from the police department. 1880, c. Ij8. — Amends 1879, c. 305, \ 12, by adding that in any district where an oflScer of district police acts as inspector the governor may appoint another to the force, which shall not, however, exceed sixteen men. t88o, c. 181. — Amends 1877, c. 214, by providing inspection of condi- tions of safety in mercantile establishments. 1881, c. 13J. — Inspectors enforce regulations concerning explosives, etc. P. S., c. 103, ?g 9-70. —Codifies 1877, c. 214, §§ 6-7 ; 1879, c. 305, ? 12 ; 1880, cc. 178; 181 ; 1881, c. 137. ? 9. Inspectors. § lo- Duties. ? II. Annual report by chief. P. S., 104, \\ 23-24. — Embodies 1877, c. 214, \\ 9, 10. \ 23. Boston and other cities excepted. \ 24. Discharge of inspectors. 1882, c. 266. Il4-S- — Amends Public Statutes, c. 104, §23, by correcting sections enforceable by inspectors. 1884, c. $2, \ 3. — Inspectors enforce the requirement of free exit — unfastened doors. (See Safety.) 7555, c. 131. — ^The governor may appoint four additional district police officers — the whole force not to exceed twenty men. 1886, c. 260, ^3. — ^The chief of district police shall keep record of accidents reported and include an abstract of the same in his annual report. l88f, c. iz8. — Amends Public Statutes, c. 103, \ 10, by providing for inspection of mechanical establishments, and the enforce- Massachusetts Labor Legislation. 129 meut by inspectors of regulations concerning sanitation and ventilation. (See Sanitation, St. 1887, c. 103, and St. 1887, c. 173.) 1887, c. 2/9.— Amends Public Statutes, c. 104, \ 23, by correcting it to read : The authority of inspectors to enforce %\ 13-22 shall not extend to Boston. " (Other exceptions stricken out.) 1887, c. 276. — Repeals 1887, c. 219, and amends c. 104, \ 23, by correct- ing it to read : "The authority of the inspector men- tioned in P. S., c. 104, \ 13 (i. e.. State Inspectors), to enforce W 14-22 shall not extend to Boston." i88y, c. 256. — The governor may appoint two additional district police o£Scers, — the whole force not to exceed twenty-two men. 1888, c. 113. — ^The police department is divided into separate " detec- tive" and "inspection" departments — inspectors to number ten, with the chief of district police at their head. They shall retain all powers of district police, but, except at the call of the governor to quell disturbance, shall do only inspection work. 1888, c. 426. \ 13. — The governor shall appoint, from time to time, ten qualified inspectors. l8go c. 438, ii 1-3. — Appeal from the orders of inspectors is given to the decision of a justice of the Superior Court in cases of building certificates. The justice may appoint three dis- interested experts to examine the matter, hear parties, alter, affirm or annul the inspector's order and issue the certificate required, ^ 2. Compensation, g 3. Costs. i8pi, c. 302. — The governor may increase the inspection department by appointing two females. iSgz, c. 210. — Prescribes a legal form of complaint of violations of labor laws, concerning the employment of women aud minors. 1893, c. III. — The chief of district police shall return written or printed acknowledgment to senders of accident reports. i8g^, c. 387. — ^The governor shall appoint one additional inspector to inspect uninsured steam boilers and engines, and to exam- ine the qualification of engineers, and report to the chief. ^1894, c. 481, U 1-7, 9-^0, 3S, 39, 55-57.— Codifies P. S., c. 103, ?? i, >The owner of a hotel (factory or workshop) cannot be said to have violated St. 1888, c. 426, so as to be liable under § 12 for Injuries occa- sioned by neglect to provide sufficient egress from fire, until after the In- spector has decided what ways are, in his opinion, necessary and has given notice In writing to the owner specifying the same, and the owner has neglected or refused to comply with such order. Perry v. Bangs, 161 Mass. 35 130 Annals of the American Academy. 9-11; P. S., c. 104, U 23-24; 1882, c. 266, U 4-5; 1884, c 52, ? 3; 1885, c. 131; 1886, c. 260; 1887, cc. 218, 256; 1887, cc. 219, 276 ; 1888, cc. 113, 389, 426; 1890, c. 438, i 13; 1891, c. 302; 1893, c. 387. § I. Inspection department. ? 2. Duties. ? 3. Boiler inspector, gg 4-7. Prosecution, etc. li 9-10. Report of accidents. ? 35. Inspectors enforce construction requirements. ? 39. Boston exempted, i 55. Inspectors enforce this act. g 56. Discharge. ? 57. An- nual report by the chief. jS8/, c. 103, ? 3. — When the inspector finds unsanitary conditions not provided against in this act, but abatable under P. S., c. 80, he shall report to the local board of health. l8gi, c. 35J, § 2. — Inspectors shall report evidence of infectious dis- ease to the chief of district police, who shall notify the state board of health to examine and issue orders. \ 3. Inspectors shall report any unhealthiness found in cloth- ing being shipped to Massachusetts to the state board of health. 1893, c. 246, U 2-j.— Embodies 1891, c. 357, ?g 2=3. /8g4, c. 508, \\ 3S, 45, ??5> 409, 410. — Revises and codifies election laws. \ 5. Time to vote. § 409. Penalty — fine not exceeding |ioo. 5 410. Revised to read "promise of employment a^ (in- stead of or) higher wages, " and embodies St. 1894, c. 209. Penalty, imprisonment not longer than one year. (No fine. ) 2. Intimidation. '^1875, c. 21 z. — \ I. In any manufacturing establishment where a laborer, on leaving without notice, forfeits any part of >An indictment on St. 1875, e. 211, cliarging that the defendant "by force and intimidation did seek to prevent A from continuing in the em- ployment of" a certain corporation, suflaciently seta forth the offense in- tended to be charged. Further allegations are rejected as surplusage. Commonwealth v. Markdyer, 128 Mass. 70. Banners displayed in front of a person's premises with inscriptions cal- culated to Injure his business and to deter workmen from entering or con- tinuing in his employment constitutes a. nuisance which equity will re- strain by injunction. Sherry v. Perkins, 147 Mass. 212. Massachusetts Labor Legislation. 133 his wages earned, a like penalty shall be upon the em- ployer for discharging without notice, except for incapac- ity or misconduct. This shall not apply in time of general suspension of labor, g 2. Whoever shall, by intimidation or force prevent or seek to prevent any person or persons from entering or continuing in the employment of any corporation, company or individual, shall be fined not more than $loo. P. S., c. 74. — Embodies 1875, c. 2ir. § i. Discharge. 2 2. Intimida- tion. 1S88, c. 134. — \ I. Labor or trade organizations may become incorpo- rated, for lawful purposes, upon compliance with the requirements of P. S., c. 115, ? 3. ? 2. The commissioner of corporations shall endorse the certificate of conformity. \ 3. Specified by-laws required. § 4. Approval by the commissioner is necessary when by-laws are changed. Only a majority vote shall eject a member, and all books and records shall be accessible to him. iSg2, c. 330. — ^Any person, corporation or agent or officer thereof who coerces or compels any person or persons to agree not to join or become a member of a labor organization shall be fined, not exceeding jSioo. 1894, c. 43J. — Amends 1892, c. 330, by inserting after "become," "or continue to remain ' ' a member, etc. , and by defining "labor organization ' ' to exclude any " organization seek- ing directly or indirectly to accomplish objects or pur- poses by intimidation or force." 1894, C.508, U i-3, 7'S-— Codifies P. S., c. 74, 2§ 1-2; 1892, c. 330; 1894, c. 437. § I. Discharge. ? 2. Intimidation from employment, g 3. Intimidation from trade union. 2 78. General penalty. J893, c. 129. — Amends 1894, c. 508, ? i, by striking out "except for incapacity or misconduct, unless in case of a general sus- pension of labor." igoo, C. 469. — \ I. No person or corporation, agent or employee of such, when under contract with the Commonwealth or any municipal corporation or county board, commissioner or officer acting for these, shall, directly or indirectly, make it a condition of employment that that person shall lodge, board or trade at any particular place or with a particular person, g 2. The provisions of this act shall form a part of such contracts. \ 3. Penalty, fine, Jpioo for each o£fence. 134 Annals of the American Academy. 3. Employer's Liability. Before 1877, the Common Law was the only remedy. i8fy, c. loi. — No contract which exempts a person or corporation from liability for bodily injuries received by an employee is valid. P. S., c. 74, §§j-5.— Embodies St. 1877, c. loi. P. S,, c. 112, I 212. — If a person — not an employee — while exercising due care, is killed through the negligence or carelessness of a railroad or street-railroad corporation, or of "the unfitness or gross negligence of its servants," the corpo- ration shall be liable to fine — ^^500-^5,000 — assessed with reference to the degree of culpability. Damages recover- able by indictment, or in action of tort brought by the next of kin, or executor, within one year. 1883, c. 243. — Amends c. 112, ? 212, Public Statutes, by extending such recovery of damages to the railroad employee " killed under such circumstances as would have entitled him to maintain action if death had not resulted."' J887, c. 2JO. — When an employee, " exercising due care," is injured (i) by "ways.works or machinery "used in the employer's business, and defective through his own or his ap- pointee's negligence; or (2) through the negligence of one in superintendence " whose sole or principal duty is that of superintendence ;" or (3) through the negligence of one in " charge or control of any signal, switch, loco- motive engine or train upon a railroad," the employee or his legal representative shall have " the same right of compensation and remedies against the employer as if he had not been an employee." \ 2. In case of instant death the next of kin, " if dependent upon the wages of the deceased," may maintain action as though the de- ceased had consciously suffered and not died instanta- neously. \ 3. The maximum compensation shall be $4,000 or in case of death (which includes injury) Jsoo-js.ooo, according to the culpability of the employer, and also with reference to the proportion which his contributions may bear to the whole of the employee's benefit fund. 1^8, c. 755.— Amends 1887, c. 270, by requiring a written notice to be sent to the employer, signed by the injured man, who, if incapacitated, may send it within ten days of the re- moval of his incapacity. If he is incapacitated until death, » Daley «. Bost. & Alb. R. K. Co., 147 Mass. 113. Massachusetts Labor Legislation. 135 notice may be sent by the executor within thirty days of his appointment. l8gs, e. 260. — Amends 1887, c. 270, by allowing like action for dam- ages when death was not instantaneous, or preceded by conscious suffering. iSgs, c. j5p. — Amends 1887, c. 270, by defining a "car " possessed or used by a railroad as ' ' part of machinery. " iSg4, c. 4gg. — Amends 1887, c. 270, by including as superintendent " any person acting as superintendent with the authority or consent of such employer." tSgj, c. 4gi, a. — Amends 1S87, c. 270, by defining " train " as one or more cars in motion, whether attached or not to an engine; " "person in charge" as any person who, as part of his duty for the time being, physically controls or directs the movements of a signal, switch or train. igoo, c. 446. — Amends 1887, c. 270, \ 3, by extending the time limit for bringing notice from thirty to sixty days. iSgSt <^- 362. — An employee does not assume risk by continuing in em- ployment after the unlawful use of the locomotive has been brought to his attention. 2. Report of Accidents. 1886, c. z6o. — Accidents to employees in factories or manufacturing establishments, causing death or four days' detention from work, must be reported by the employer to the dis- trict police, recorded and annually publisheji by the chief of police. iSgo, c. 83. — Amends 1886, c. 260, by extending it to mercantile estab- lishments. i8g3, c. III. — The chief of police shall send written acknowledgment to senders of accident reports. i8g4, c. 481, ^-/o.— Codifies 1886, c. 260; 1890, c. 83; 1893, c. iii.* » la cumulative to the common law penalty. Eyala v. Mechanics' Mills, 150 Mass. 190 ; Coughlin v. Boston Towboat Co., 151 Mass. 92 ; Clark o. Merchant & Miners' Transp. Co., 151 Mass. 353. The employee assumes evident risl£. Boyle ■». N. Y., N. Eng. E. K., 151 Mass. 102 ; Cassady v. Bost. & Alb. R. R., 164 Mass. 168 ; Donahue ». Washburn & Moen Manuf. Co., 169 Mass. 574 ; Cunningham «. Lynn & Bost. St. E. E., 170 Mass. 298 ; Nealand v. Lynn & Bost. St. R. R., 173 Mass. 42. St. 1887, c. 270, applies to cities and towns. Pelllngell ■». Chelsea, 161 Mass. 368 ; Coughlan v. Cambridge, 166 Mass. 268 ; Norton v. New Bed- ford, 166 Mass. 48. An employee of a city commission is not necessarily an employee of the city. McCann v. Waltham, 163 Mass. 344 ; Maboney v. Host., 171 Maaa. 427. 136 Annals of the American Academy. V. WAGE PAYMENT. I. Weeki.y Payments. iSjp, c. J3S. — Cities shall pay laborers, whose wages do not exceed $2 per day, weekly upon request. P. S., c. z8, I ^^.— Embodies, 1879, c. 138. 1886, c. 8j. — § I. Every manufacturing, mining, quarrying, mercan- tile, railroad, street railway, telegraph, telephone or The care tbat an ordinarily sensible man would exercise under the given circumstances is considered "due care." Mellor v. Merch. Manuf. Co., 150 Mass. 362 ; Lothrop v. Ftehbg. R. R. Co., 150 Mass. 423 ; Thomp- son V. Bost. & Me. R. E.^ 153 Mass. 391 ; Shea v. Bost. & Me. R. R. 154 Mass. 31 ; Mather v. Bost. & Alb. R. B., 158 Mass. 36 ; Browne T. N. Y. & N. Bng. E. R., 158 Mass. 247 ; Lynch v. Bost. & Alb. R. R., 159 Mass. 536 ; Brick v. Bossworth, 162 Mass, 334 ; Mears v. Bost. & Me. E. E., 163 Mass. 150 ; McLean v. Chemical Paper Co., 165 Mass. 5 ; Nihill v. N. Y., N. H. & H. R. E., 169 Mass. 52 ; Willey v. Bost. Electric Light Co., 168 Mass. 40 ; Hughes v. Maiden & Melrose Gas Lt. Co., 168 Mass. 395 ; Fairman i>. Bost. & Alb. E. E. Co., 169 Mass. 170 ; Scul- lane v. Kellogg, 169 Mass. 544 ; Foss v. Old Col. R. R., ITO Mass. 168 ; Cavagnaro «. Clark, 171 Mass. 359 ; Murphy v. City Coal Co., 172 Mass. 324 ; McCoy v. Westborough, 172 Mass. 501 ; Demers v. Marshall, 172 Mass. 548 ; Keevan v. Walker, 172 Mass. 56 ; Allard v. Hildreth, 173 Mass. 26 ; Knight v. Overman Wheel Co., 174 Mass. 455. Working apparatus of sufficiently permanent character constitutes "ways, works or machinery" and is considered to be defective when due in- spection would disclose the danger of handling it in customary usage. Ey- alls o. Mechanics' Mills, 150 Mass. 190; Dolan v. Alley, 153 Mass. 380: May V. Whittier Mach. Co., 154 Mass. 29 ; Carbury v. Downing, 154 Mass. 248 ; Coffee v. N. Y., N. H. & H. E. E., 155 Mass. 21 ; O'Keet v. Brownell, 156 Mass. 131 ; Trask v. Old Col. E. R. Co., 156 Mass. 304 ; O'Malley i>. S. Bost. Gas Lt. Co., 158 Mass. 135 ; Fisk v. Ftehbg. R. E. Co., 158 Mass. 238 ; Conroy •». Clinton, 158 Mass. 318 ; Began v. Donovan, 159 Mass. 1 ; Prendible v. Conn. Riv. Manuf. Co., 160 Mass. 131 ; Beauregard v. Webb Granite & Construct. Co., 160 Mass. 201 ; Lynch v. Allyn, 160 Mass. 248 ; Enge! v. N. Y., Prov. & Bost. R. R., 160 Mass. 260; Burns v. Washburn, 160 Mass. 457 ; Bronellette v. Conn. Riv. R. E. Co., 162 Mass. 198 ; Bow- ers V. Conn. Riv. R. R. Co., 162 Mass. 312 ; Carroll v. Willcutt, 163 Mass. 221 ; Shea v. Wellington, 163 Mass. 365 ; Caron v. Bost. & Alb. R. R. Co., 164 Mass. 523 ; Geloneck v. Dean Steam Pump Co., 165 Mass. 202 ; Adaa- ken v. Gilbert, 165 Mass. 443 ; Coughlan v. Cambridge, 166 Mass. 268 ; Welch v. Grace, 167 Mass. 590 ; Whittaker ». Bent, 167 Mass. 588 ; Rey- nolds V. Barnard, 168 Mass. 226 ; Willey v. Bost. Electric Lt. Co., 168 Mass. 40 ; McCay v. Hand, 168 Mass. 270 ; Bique v. Hosmer, 169 Mass. 541 ; Gunn v. N. Y., N. H. & H. E. E., 171 Mass. 417 ; Whelton v. W. End St. R. E., 172 Mass. 555 ; Keevan v. Walker, 172 Mass. 56 ; Copithorne v. Hardy, 173 Mass. 400 ; McMahon v. McHale, 174 Mass. 320. A superintendent is deemed negligent when he fails to exercise such forethought for the safety of his workmen as would an ordinarily careful man in carrying on the work. Lothrop t). Ftehbg. R. R. Co., 150 Mass. 423 ; Malcolm v. Fuller, 152 Mass. 160 ; Coffee v. N. Y., N. B. & H. B. B., Massachusetts Labor Legislation. 137 muuicipal corporation, and any incorporated express company or water company, shall pay all employees ■weekly, — ^but if such employee is absent, he shall be en- titled to the wages on demand. §2. Wages, penalty ($io~$5o) and costs shall be recoverable upon complaint 155 Mass. 21 ; McCauIey v. Norcross, 155 Mass. 584 ; Connolly v. Waltham, 156 Mass. 368; Sbepard v. Bost. & Me. R. B., 158 Mass. 174; Davis v. N. Y., N. H. & H. R. R., 159 Mass. 532 ; Prendible v. Conn. Riv. Manuf. Co., 160 Mass. 131 ; Beauregard v. Webb Granite & Construction Co., 160 Mass. 201 ; Mahoney v. N. T. & N. Eng. R. R., 160 Mass. 573 ; Shea v. Wellington, 163 Mass. 365 ; O'Nell v. O'Leary, 164 Mass. 387 ; Ge- leneck v. Dean Steam Pump Co., 165 Mass. 202 ; Crowley v. Cut- ting, 165 Mass. 436 ; Norton v. New Bedford, 166 Mass. 48 ; Mc- Cann v. Kenedy, 167 Mass. 23 ; Welch v. Grace, 167 Mass. 590 ; Nlhlll V. N. Y., N. H. & H. R. R., 167 Mass. 52 ; Kanz v. Page, 168 Mass. 217 ; Hughes v. Maiden & Melrose Gas Lt. Co., 168 Mass. 395 ; Thompson v. Norman Paper Co., 169 Mass. 416 ; Scullane v. Kellogg, 169 Mass. 544 ; Cunningham v. Lynn & Bost. St. R. R., 170 Mass. 298 ; Gard- ner V. New Eng. Telephone, 170 Mass. 156 ; Cavagnaro v. Clark, 171 Mass. 359 ; Murphy v. City Coal Co., 172 Mass. 324 ; Collins v. Greenfield, 172 Mass. 78 ; McCoy v. Westborough, 172 Mass. 504 ; Leslie v. Granite R. R., 172 Mass. 468 ; Copithorne v. Hardy, 173 Mass. 400 ; O'Brien v. W. End St. R. R., 173 Mass. 105; Millard v. W. End St. R. R., 173 Mass. 512; O'Riley v. Bowker Fertilizer Co., 174 Mass. 202 ; La Belle v. Montague, 174 Mass. 453 ; Knight v. Overman Wheel Co., 174 Mass. 455. "The employer is not liable to the employee for injuries due to the care- less manner in which (he or) his fellow servants do their share of the work." O'Keef v. Brownell, 156 Mass. 131 ; Fitzgerald v. Bost. & Alb. R. R., 156 Mass. 293 ; Cashman v. Chase, 156 Mass. 352 ; Roseback v. .aetna Mills, 158 Mass. 379 ; Burns v. Washburn, 160 Mass. 457 ; O'Brien V. Rideout, 161 Mass. 170 ; Dowd v. Bost. & Alb. R. R., 162 Mass. 185 ; Adasken v. Gilbert, 165 Mass. 443 ; Whittaker v. Bent, 167 Mass. 588 ; Brittian v. W. End St. R. R., 168 Mass. 10 ; Riou v. Rockport Granite Co., 171 Mass. 162 ; O'Brien v. Look, 171 Mass. 36 ; Flynn v. Bost. Electric Lt. Co., 171 Mass. 395 ; Gouin v. Woodbury, 173 Mass. 180 ; La Belle v. Montague, 174 Mass. 453. The "person in charge" of a signal, switch, etc., is deemed negligent when he fails to exercise the diligence of an ordinarily careful man. Ramsdell v. N. Y. & New Eng. R. R., 151 Mass. 245 ; Dacey v. Old Col. R. K. Co., 153 Mass. 112; Donahoe v. Old Col. R. R. Co., 153 Mass. 356; Thyng v. Ftchbg. R. R. Co., 156 Mass. 13 ; Stefte v. Old Col. B. R. Co., 156 Mass. 262 ; Devine v. Bost. & Alb. R. R. Co., 159 Mass. 348 ; Davis v. N. Y., N. H. & H. R. R. Co., 159 Mass. 532 ; Perry v. Old Col. R. R. Co., 164 Mass. 296 ; Caron v. Bost. & Alb. R. B. Co., 164 Mass. 523 ; Coughlan V. Cambridge, 166 Mass. 268 ; Fairman v. Bost. & Alb. R. R. Co., 169 Mass. 170 ; Shea v. N. Y., N. H. & H. B. B. Co., 173 Mass. 177. Death is considered to have been instantaneous, etc., when there Is no evidence of subsequent life or consciousness. Meher v. Bost. & Alb. R. R. Co., 158 Mass. 36 ; Mears v. Bost. & Me. R. R. Co., 163 Mass. 150 ; Wiley v. Bost. Electric Lt. Co., 167 Mass. 40; Green v. Smith, 169 Mass. 485; Knight V. Overman Wheel Co., 174 Mass. 455. A notice is deemed sufficient In which enough appears to show it to be 138 Annals of the American Academy. within thirty days (§4), to be compelled by warrant of distress, g 3. The case shall be yielded by the non-appear- ance of the accused. 1887, c. 5P9.— Amends 1886, c. 87, § 1, by striking out " municipal corporations " from the first clause, to insert later that "every incorporated city" shall pay every employee weekly unless requested otherwise in writing; by requir- ing " every municipal corporation not a city, and every incorporated county," so to pay if requested; by provid- ing that co-operative corporations need not so pay a stockholding employee unless requested; and providing that the railroad commissioners after hearing may revoke this requirement when it appears to be prejudicial. I 2. By adding that the chief of district police or an inspector may bring complaint against a corporation which does not comply within two weeks after written notice that such complaint will be brought; and by allow- ing in defence attachment or valid assignment of wages, — assignment directly or indirectly to the corporation being invalid, claim against, absence of or tender to the em- ployee. 1891, c. sjg. — Amends 1886, c. 87, by striking out the warning notice of complaint to be brought; and by debarring as defence payment after complaint. "75p<(, c. S08, §i 57-5^. —Codifies P. S., c. 28, g 12; 1886, c. 87; 1887, the basis of a claim against the defendant, not misleading him ; and when the same is brought, on behalf of the person who Institutes suit, within the designated time, but not on the same day that writ of action is served. Drommie v. Hogan, 153 Mass. 29 ; Donahue v. Old Col. B. R. Co., 153 Mass. 356 ; Dolan v. Alley, 153 Mass. 380 ; Gustafsen v. Washburn & Moen Manuf. Co., 153 Mass. 468; Daly ■», N. J. Steel & Iron Co., 155 Mass. 1 ; Jones v. Bost. & Alb. R. R. Co., 157 Mass. 51 ; Veginan v. Morse, 160 Mass. 143 ; Beauregard v. Webb Granite & Construction Co., 160 Mass. 201 ; Briel£ v. Bosworth, 162 Mass. 334 ; Driscoll v. Fall Riv., 163 Mass. 105 ; Coughlan v. Cambridge, 166 Mass. 268 ; Shea v. N. Y., N. H. & H. E. B. Co., 173 Mass. 177. > A complaint for violation of St. 1894, c. 508, § 51, which contains no sufficient allegation that the wages were due, is fatally defective. Com- monwealth V. Dunn, 170 Mass. 140. When, by agreement, a weaver is paid according to the "quality," which is "to be determined by the superintendent," the reference is to "differences of quality for which the weaver is responsible." A deduction, under an agreement, made from weekly wages as a fine for imperfect weaving. Is not a violation of St. 1894, c. 508, § 51 ; and if sued for the amount, the corporation is entitled to judgment under a general denial, or to recover in set-off. Gallagher v. Hathaway Manufacturing Corpora- tion, 172 Mass. 230. Massachusetts Labor Legislation. 139 c. 399; 1891, c. 239. i SI. Payments. J 52. Complaint, defence. ?? 53-54. Proceedings. '/^P5, c. 438. — Amends 1894, c. 508, g? 51-54, by defining " corpora- tions" to include "any person or partnership in any manufacturing business and having more than twenty-five employees." /8g6, c. 241. — Amends 1895, c. 438, by forbidding special contract as a means of exemption from weekly payments, under penalty of %\o to JS50. i8g6, c. 334. — Amends 1895, c. 438, by including " contractors " under the head of " corporations." i8g8, c. 481. — Amends 1895, c. 438, by striking out " having more than twenty-five employees." /8gg, c. 247. — Amends 1895, c. 438, gi, by extending it to those " in any of the building trades; in quarries or mines; in public works; in construction or repair of railroads, street railways, roads, bridges, sewers, gas, water, or electric- light works, pipes, or lines." 1900, c. 40J. — Amends 1894, c. 508, § 51, by extending it, in as far as it applies to cities of the Commonwealth, to the Common- wealth, its officers, boards and commissions when these employ mechanics, workmen, and laborers. 2. FiNBS. i88j, c. 361. — Fines for imperfect weaving must be in accordance with printed and posted lists; imposed only when due to "willfulness, incapacity or negligence," and when dis- covered and shown to the weaver on the first examina- tion of goods. A fine shall not exceed the actual damage. Three days' notice of action for recovery of wages, to be brought within thirty days, must be given the employer. i8gi, c. 125. — Repeals 1887, c. 361. No fine shall be imposed for im- perfections in weaving. Copies of this act shall be posted in weaving rooms. Penalty for first offence, not more than 1 1 00; for further offence, J300,— failure to post the act $25.2 " Opinion of Justices to the House of Representatives : "We cannot say that a statute requiring manufacturers to pay the wages of their em- ployees weelsly is not one which the General Court has the constitutional power to pass, if it deems it expedient so to do." 163 Mass. 589. » St. 1891, c. 125, § 1, is in conflict with the Constitution of this Com- monwealth, in forbidding the employer to withhold any part of the con- tract price from a weaver upon his doing the work improperly, and in x^ quiring the employer to pay the same price for Imperfect as for good woil^ 140 Annals of the American Academy. 7893, c. .^o.— Repeals 1891, c. 125. \ i. Wages of weavers shall not be lessened by "grading," except for imperfections pointed out to the weaver, and by amounts agreed upon by both parties. I 2. Penalty for first oflfence, not over $100 ; for further offence, not over )f300. J8g4, c. S08, §55.— Embodies 1892, c. 410. 1894, c. S34- — A printed ticket specifying work required, wages paid, etc., must be supplied with each warp to weavers in cotton mills who are paid by the piece, cut or yard. Similar specifications shall be given to frame tenders, warpers and to operatives paid by the pound. Such specifications must be given to new operatives within seven days of beginning work. Penalty for the first offence, J25 to $50 ; for subsequent violations, $50 to jSioo. i8gs c. 144. — Repeals inconsistencies. The occupier or manager of every textile factory shall post in every job-workroom printed or legibly written notices (in suf&cient numbers to be accessible to employees) specifying the character of each kind of work and the rate of compensation. Details enumerated. Penalty, upon the occupier or manager who violates : for first offence, $25 to J50 ; for subsequent violations, $50 to %\oa. 1S98, c, SOS. — In any manufacturing or mechanical establishment, no deduction in wages and no overtime work unremunerated at the regular rate shall be allowed in the case of women or minors who were refused leave during a stoppage of machinery. Any person, corporation or ofiScer or agent thereof who violates, shall be fined not more than J^20. VI. ARBITRATION. j886, c. 263. — \ 1. The governor, with the approval of the council, shall appoint annually three persons competent to act as a State Board of Arbitration — one an employer, one a labor repre- sentative and the third selected by these, or the governor, and particularly with the first article of the Declaration of Eights, which secures to all the right "of acquiring, possessing, and protecting prop- erty." (One of five Judges dissenting.) It seems that an Indictment (St. 1891, c. 125) Is sufficient, which alleges first count, that the defendant on a certain date did "Impose and exact a fine, to wit, a fine of forty cents," upon a weaver "for Imperfections" In weaving, and In the second count, that he at the same time and place did "withhold a certain part of the wages of such weaver, to wit, the sum of forty cents." Commonwealth v. Perry, 155 Mass. 117. Massachusetts Labor Legislation. 141 They shall appoint their own officers, of chairman and clerk. § 2. The board shall establish 'rules of procedure, •with the approval of the governor. § 3. Any controversy between employers and workers' (not less than twenty- five) "involving questions which may be subject of suit at law or bill in equity," may be submitted to the board. On application (24), by the employer or a majority of the employees, the board shall visit and enquire, hear all persons interested and " advise " parties as to what should be done. The written decision shall be made public and entered in the annual report, ? 4. Parties shall promise a three weeks' truce [i. e., no strike or lockout), and if either breaks promise, further action is barred unless the other consents. Public notice of hearings shall be given. 2 5. The written decision shall be open for public inspec- tion, recorded and published, at the discretion of the board. J 6. The decision shall be binding for six months or until after sixty days' notice in writing given by either party — postment in three conspicuous places in the shop shall be sufficient notice to employees. § 7. Parties in controversy may agree upon a board of arbitration, which shall have like powers with the state board and advise with and report to it. J 8. Salaries, etc. 1887, c. 369. — Amends 1986 c. 263, 2 i. by defining the term of office to be three years — one member to retire annually, and by restating officers : Chairman and secretary to be elected by the board, which may also appoint and remove a clerk. §3. (A. §4) By requiring the board to satisfy itself an application by a labor representative is duly authorized in writing — ^names of employees so authorizing to be held secret by the board. By omitting public notice of hear- ings when so requested by both parties, but reserving the right to the board to give such public notice, at its dis- cretion, at any point of the procedure. By investing the board with power to summon and examine, under oath, any operative or person keeping records of earnings, and to require the production of books recording wages paid. ?4. (A. 7). By substituting as follows: A controversy may be submitted to a local board of arbitration either mutually agreed upon or consisting of one representative from each party and a third chosen by these to be the chairman. This board shall have like powers with the state board and exclusive jurisdiction, receiving such advice from that board as it shall ask. The decision, 142 Annals of the American Academy. which shall be rendered and reported within ten days of the closing of hearings, shall be binding according to the agreement of parties in their written submission. The mayor or selectmen shall notify the state board of an impending strike or lockout. ? 5. (A. 8) By substituting as follows : When the board hears of a threatened strike or lockout (involving twenty-five em- ployees) it shall at once open communication with the parties, to effect an amicable settlement or to persuade them to arbitrate. The board may inquire into causes and publish a report assigning responsibility. 2 9. Wit- nesses. J 10. Salaries. /888, c. ^6/.— Amends 1887 c. 269, g /, by striking out the secretary and limiting the salary of the clerk to $t,20O per year. j8go, c. jS^.— Amends i886, c. 263, ? 4, as amended by St. 1887, c. 269, J 3. by allowing the assistance of two or more experts, nominated by the parties and appointed by the board, who, under oath of service, shall examine and report upon wages and methods in similar work elsewhere in the Commonwealth. iSgz, c. 382. — ^Amends i885 c. 263, ? 4, by allowing said experts to attend sessions of the board when required, and confer- ence with them before rendering decision. Also by requiring record to be kept of their oath of service. (Salaries of experts. ) VII: CHEAP TRAINS. /Syz, c. 348. — Railroads running from Boston shall furnish short-dis- tance local trains, morning and evening, at reduced rates for workmen. i88s, c. IJ2. — When two hundred or more persons make application, any railroad which runs from Boston shall furnish trains for workmen — to a distance of fifteen miles — about six o'clock, morning and evening, or at hours fixed by the commissioners. Season tickets shall not be more than J3.00 per man, per year. VIII. WQUOR LAW. 1882, c. 100. — Notice may be given to a liquor dealer by an employer, forbidding the sale of liquor to a specially designated employee for the term of twelve months. If the employer Massachusetts Labor Legislation. 143 suffers injury through the violation of the notice, he may recover |iao to JS500 damages through action of tort. IX. ALIEN LABOR. l88s, c. 86. — Corporations or persons who bring alien laborers into the state shall give JS300 bonds as surety that such laborers shall not come upon the relief funds of the Common- wealth within two years. BIBI^IOGRAPHY. 'Labor Legislation in Massachusetts. Acts and Resolves of Massachusetts, beginning 1836. See General Statutes, Public Statutes and Supplements. Massachusetts Bureau of Statistics of Labor, Reports beginning 1870. Massachusetts General Court, Reports of Legislative Commissions and Committees. See especially: On Hours of Labor. 1845, 1866, 1867, 1871. On Schooling of Factory Children. 1875. On Labor. 1892. On Mercantile Affairs. 1894. On Reduction of Wages. 1898. Massachusetts Police Reports — Inspection. Massachusetts State Board of Arbitration Reports. McCord, S. M. To the Working Men: Response to the Trades Assembly and other Labor Organizations Relating to the estab- lishment of an Information Bureau. (Testifies to early support by Labor.) Boston, 1864. McNeill, G. E. Factory Children. Boston, 1875. Miles, Rev. H. A. Lowell as it Was and as it Is. Lowell, 1845. National Association of Factory Inspectors, Reports of annual con- ventions. North, S. N. D. Factory Legislation in New England. (Articles reprinted from the Bulletin of the National Association of Wool Manufacturers.) Arkwright Club, V. 8, p. 69. Boston, 1896. Oliver, H. K. ' Report of the Deputy State Constable to enforce the Laws Regulating the Employment of Women and Children for 1868. Boston, 1869. Robinson, Mrs. H. H. Loom and Spindle, or Life Among the Early Mill Girls. New York, 1898. Wade, R. R. Development of Labor Legislation in Massachusetts. Boston, 1891. Winship, A. E. The Shop. Some Surroundings of the Life of Labor. Boston, 1889. (I4S) 146 Annals of the American Academy. Wright, C. D. History of Labor in Massachusetts. Boston, 1876. See also collected pamphlets in Boston Public Library : Fabian Tracts (1884-1895). (See Bates Hall Catalogue.) Factory Tracts. Labor Tracts. (These contain more rant than logic, and few facts, but throw interesting side-light upon discussions.) MAGAZINE ARTICLES. Adams, C. F., Jr. Labor in Massachusetts. No. Am. 115 : 210. The Labor Question in Massachusetts. No. Am. 114 : 147. Atkinson, E. The Labor Question in Massachusetts. Nation 12 1433. Hodgskin, J. B. The Labor Question in Massachusetts. Nation 12 : 39S. Labor Statistics in Massachusetts. Science 6 : 389. Labor Legislation in General. Adler, G. Die Frage des Internationalen Arbeiterschutzes. Miin- chen, 1888. (Well reviewed by A. C. Miller in Qt. J. Econ., July, 1889.) Appleton, N. Labor in its Relations in Europe and the United States. Boston, 1844. Baumbach, K. Frauenarbeit und Frauenschutz. Berlin, 1889. (In Volkswirthschaftliche Zeitfragen, Jahrg. 11, Heft i.) Boilley, P. La legislation du travail. Paris, 1892. Brentano, L. The Relation of Labor to the Law of To-day. New York, 1897. Brooke, Emma. A Tabulation of the Factory Laws of European Countries, in so far as they Relate to the Hours of Labor and to Special Legislation for Women, Young Persons, and Children. London, 1898. Bureaus of Statistics of Labor, Reports for the Various States. Cogley, J. S. The Law of Strikes, Lockouts and Labor Organiza- tions. Washington, 1894. D.ffes, P. De la responsabilite des patrons dans les accidents dont leurs ouvriers sont victimes. Paris, 1889. Dehn, P. Nationale und Internationale Fabrikgesetzgebung. Mainz, i8go. (Hrsg. dem Vereins "Concordia.") Frankenstein, Kuno. Der Arbeiterschutz, seine Theorie und Politik; Hand und Lehrbuch der Staatswissenschaft (XIV). Leipzig, 1891. Higgins, A. P. Employer's Liability and Compensation to Work- men on the Continent. London, 1898. Massachusetts Labor Legislation. 147 Knortz, C. Kapital und Arbeit in America. Zurick, 1880. Lloyd, H. D. A Country Without Strikes. A Visit to the Compul- sory Arbitration Court of New Zealand. New York, igoo. Massachusetts Bureau of Statistics of Labor, Report of 1883, Em- ployers' Liability. Mataja, Dr. Victor. Grundriss des Gewerberechts und der Ar- beiterversicherung. Leipzig, 1899. (Being V. Ill, Part S, of the Grundriss des Osterreichischen Rechts.) A compendious survey of Austrian legislation on licensed trades, workmen's protection, the inspection of factories, workmen's insurance, etc. Morisseaux, Ch. La legislation du travail. Bruxelles, 1895. Nash, J. Relations Between Labor and Capital in the United States. Boston, 1878. Plener, Ernst von. The English Factory Legislation. London, 1873. Porritt, E. Factory Legislation in the United States. Manchester, 1896. (Co-operative Wholesale Society's Annual, 1896.) Redgrave, Alexander C. B. (Chief Factory Inspector). The Factory and Workshop Act of 1878. London, 1879. Reno, C. State Regulation of Wages. Boston, 1891. Stimson, F. J. Digest of Laws Affecting Child Labor. (In Report of Industrial Commission.) 1900, V. 23. Handbook to the Labor Laws of the United States. New York, i8g6. Labor in Relation to Law. New York, 1895. Stocquart, E. Le contrat de travail, etude de droit social et de legislation comparee. Paris, 1895. Studnitz, A. von. Nordamerikanische Arbeitverhaltnisse. Leipzig, 1879. SchafHe, Dr. A. Theory and Policy of Labor Protection. Bibliog- raphy. (Translated from the German by A. C. Morant.) Lon- don, 1893. Tait, W. C. Die Arbeiter-Schutzgesetzgebung in den Vereinigten Staaten. Tiibingen, 1884. Taylor, R. W. C. The Modern Factory System. London, 1891. Wright, C. D. The Factory System. (In U. S. loth Census. Manuf.) Washington, 1884. Wilkinson, Charlotte C. A Study of Factory Legislation and In- spection in the United States. (Being an unpublished thesis in the Smith College Library, Northampton.) Wilson, Mona. Our Industrial Laws. Working Women in Facto- ries, Shops and Industries, and How to Help Them. Duck- worth, i8gg. 148 Annals of the American Academy. MAGAZINE ARTICLES. Allen, C. C. Labor Organization and the Injunction. Am. Law. R. 28 : 828. Compulsory Industrial Arbitration. Econ. J. 9 : 85. Cooley, T. M. Labor and Capital Before the Law. No. Am. 139 : 503. Arbitration Between. Forum i : 307. Dillon, J. F. American Law Concerning Employer's Liability. Law R. 24 : 175. Drake, H. S. Labor Disputes, a Legislative Remedy. Am. M. Civics, 8 : 337. Employers' Liability. Fortn., 61 : 244; Contemp., 66 : 137; 19th Cent., 34 : 698. Factory Legislation in the United States. Bulletin of the Wool Manufacturers, 25 : 207. Felton, C. E. Labor Legislation." Nat. Pris. Assoc, 1888; 50. Gladden, W. G. Arbitration. Am. J. Soc. Sci., 21 : 147. Holland, B. On some Legal Disabilities of Trade Unions. 19th Cent., Mar., 1895. Hours of Labor ; Nine Hours by Statute. Contemp., 20 : 184. Judicial Opinions Affecting Labor and Capital (1893). Pub. Opin., 14 : 619. Labor, Capital and the State. Gunton's M., 16 : 307. Labor Laws in the United States. Gunton's M., 16 : 171. Legislation for Laboring Classes. Ed. R., 83 : 64. Lowell, Mrs. C. R. Labor Organizations as Affected by Law. Char. R., 1:6. Mason, N. T. Organized Labor and the Law. Am. J. Pol., 3 : i88. Oliver, H. K. History of Labor and its Attendant Legislation. Mass. B. of L. Statis., 1870, p. 37. Shaw, W. B. Social and Economic Legislation in the United States in 1891. Qt. J. Econ., 6 : 227; in 1892, 7 : 187; in 1893, 8 : 230; in 1894, 9: 19s; in 1895, 10: 218; in 1896, 11. Taft, O. B. Labor in Law. No. Am., 156 : 65. Thayer, J. B. American Judges and the Interests of Labor. Econ. Jour., s : S03. Wadlin, H. G. Legislation on Labor in the United States. Chaut., 23 : 288. Walker, A. F. Rulings on Labor by Federal Courts. Forum, 15 : 311. White, H. Labor Legislation. Nation 44 : 48. Williams, H. M. Legislation for Labor Arbitration. Econ. J., April, 1896. Massachusetts Labor Legislation. 149 Woollen, Evans. Labor and the Injunction. Yale R., s : 39. Conditions of Labor. Akin, K. The Dilemmas of Labor and Education. London, 1884. Brentano, L. Hours and Wages in Relation to Production. London, 1894. ■ Campbell, Helen. Women Wage-Earners; Their Past; Their Pres- ent, and Their Future. (Bibliography.) Boston, 1893. Clarke, A. Effects of the Factory System. London, 1899. Collins, T. W. Condition of Labor: Address to Labor Reform League of New England. Boston, 1847. Crocker, U. H. Depression in Trade and Wages of Labor. Boston, 1886. Faucounet, R. L'employee aux Etats-Unis. Rouen, 1894. Gilman, N. P. A Dividend to Labor; a Study of Employers' Wel- fare Institutions. (Bibliography, 389-392.) Boston, 1899. Gould, E. R. L. The Social Condition of Labor. Johns Hopkins Univ. Studies. Baltimore, 1893. Graffenried, C. de. The Needs of Self-Supporting Women. Balti- more, 1890. In Notes supplementary to the Johns Hopkins Univ. Studies in Hist, and Political Sci., 1890, No. i. Levasseur, E. L'ouvrier American au travail et chez lui, les ques- tions ouvriers. Paris, 1897. Luther, Seth. Address to Workingmen of New England on the State of Education and the Condition of Producing Classes in Europe and America. Boston, 1832. Reply to Seth Luther in a Review of his address by "A Fac- tory Hand of Waltham." Cambridge, 1832. Mongradian, A. On Displacement of Labor and Capital. London, 1886. Schoenhof, J. Economy of High Wages. New York, 1892. Industrial Situation and the Question of Wages : A Study in Social Physiology. New York, 1885. Spahr, C. B. America's Working People. New York, 1900. (Con- ditions in New England and Southern factory towns and Eastern mining districts. The trades union movement in Chicago.) U. S. Commissioner of Labor, Annual Reports. Washington, Gov. Print. Office. 1st, 1886. Industrial Depression. 3d, 1888. Strikes and Lockouts. 4th, i88g. Workingmen in Large Cities. 5th, i8go. Railroad Labor. 150 Annals of the American Academy. U. S. Select Cotnniittee to Investigate Depression in Labor and Busi- ness. 1879. Vaughan, G. Coming Horrors, or Fort Frick in America. (Sensa- tional.) Boston, 1892. Wadlin, H. G. Women in Industry. In Mass. Bureau of Statistics of Labor Report, 1889. Walker, F. A. The Manual Laboring Class. Am. Econ. Assoc. An. Pubs., 3 : 33- Baltimore, 1888. Wells, D. A. Recent Economic Changes and the Wealth, etc., of Society, N. Y., 1889. Willoughby, W. F. and Graffenried, C. de. Child Labor (Two Prize Essays). Pub. of Am. Econ. Assoc. Baltimore, Vol. S, No. 2. Wright, C. D. Industrial Evolution of the United States. N. Y., 1895- The Present Actual Condition of the Workingman. Boston, 1887. Young, E. Labor in Europe and America. Philadelphia, 1875. Conditions in Foreign Countries. Les Conditions du Travail. En Allemagne (J. C. Herbette) ; En Autrich-Hongrie (P. L. A. Decrais) ; En Belgique (F. A. Bon- ree); En Espagne (P. P. Cameon) ; En Portugal (P. L. G. Bilhourd) ; En Suisse (E. Arago). Short essays. Paris, 1890. Duchershoff, E. How the English Workman Lives. (Trans, by C. H. d'E. Leppington.) London, 1899. Engels, F. Die Lage der arbeitenden Classen in England. Stutt- gart, 1892. Lavallee, R. Les classes ouvrieres en Europe. Etudes sur leur situ- ation. Paris, 1884-96. Morgenstern, Lina. Frauenarbeit in Deutschland. Berlin, 1893. Noslitz, H. von. Das Aufsteigen des Arbeiterstandes in England. Ein Beitrag zur socialen Geschichte der Gegenwart. Jena, 1900. (A study similar to that made by Levasseur in L'ouvrier Ameri- can.) Reitzenstein, F. Der Arbeitsnachweis, seine Entwickelung und Ges- taltung in In-und Aus-Lande. (Bibliography.) II Schriften des Centralstelle f. Arbeiter-Wohlfahrts Einrichtungen. Berlin, 1897. United States Consular Reports upon European Labor. Forty-sixth Congress, ist session. House, Executive Doc. s. 1879; Forty- eighth Congress, 2d session. House, Executive Doc. 54; V. 24, P. I; V. 25, P. II; V. 26, P. IIL 1885. Massachusetts Labor Legislation. 151 Whitman, S. Der deutsche und der Englische Arbeiter. Berlin, 1891. MAGAZINE ARTICLES. Beardsley, C, Jr. Effect of the Eight-Hour Day on Wages and the Unemployed. Qt. J. Econ., 9 : 450. A Bradford Manufacturer — The Factory Children. Econ. R., July, 1894. Campbell, H. Child Labor: Some of its Results. Chaut., 10 : 21. The Factory Child; White Child Slavery. Arena, I : 589. Coningsby, R. Labor in the United States. Liv. Age., 102 : 762, 81S. Daniel, Dr. A. S. Condition of Labor of Women and Children. J. Soc. Sci., Oct., 1892. Dunckley, H. The Half-Timers. Contemp., 59 : 798. Employment of Children. Meliora, 6 : 224 ; 8 : 102. Giffen, R. The Progress of the Working Classes in the Last Cen- tury. J. Statis. Soc, 46 : 593 ; 47 : 174, 352 ; 49 : 28. Gould, E. R. L. Social Condition of Labor. Contemp., 63 : 123; Chaut., 17 1267. J. H. Univ. Studies, 11 : 201. Labor in the United States. No. Am., 142 : 598. Lattimer, W. Evils of Piece- Work. 19th Cent., 5 : 547. Mann, T. Standard of Living of Laboring Classes. Soc. Econ., 4 : PS- Mather, W. Labor and Hours of Labor. Contemp., 2 : 601. Nelson, W. N. Labor in the United States. So. M., 10 : 653. Sheppard, N. Labor in England and America. Temple Barr, 36 : 343- Small, R. M. American Statistics of Labor. Pol. Sci. Q., i : 45. Vedel, P. Unskilled Labor; What Ails it in America? Am. M. Civics, 6 : 32. Health. Aflidge. The Diseases of Occupations. London, 1892. Derby, Geo., M. D. Report upon Health of Minors Employed in the Manufacture of Cotton, Woolen, Silk, Flax, and Jute (1871). Mass. Senate Document 50. Bishop, I. L., M. D. A History of American Manufactures. Phil- adelphia, 1861. Gaskell, P., Surgeon. Artizans and Machinery: The Moral and Physical Condition of the Manufacturing Population. London, 1836. Green, J. D. The Factory System in its Hygienic Relations. Bos- ton, 1846. 152 Annals of the American Academy. Grey, R. H. The Factory Question, Considered in Relation to its Eflfects on the Health and Morals of those Employed in Facto- ries. London, 1837. Hirt. Die gewerbliche Thatigkeit der Frauen von hygienischen Standpunkte aus. Breslau und Leipzig, 1887. Kuborn. Documents nouveaux relatifs au travail des femmes et des enfants dans les manufactures, les mines, etc. Bruxelles, 1874. MacCall, Wm. A Lecture on the Physical and Moral Evils of Pro- tracted Hours of Labor. (In V. 661, College Pamphlets.) Ex- eter, 1846. (See Eflfects of Protracted Labor. Ex. H. Lee, 2 : 31; Leis. Hour, 4 : 378, 389, 4ii.) -Noble, D. Royal College of Surgeons. Facts and Observations Rel- ative to the Influence of Manufacture upon Health and Life. London, 1843. Scoresby, W. American Factories and their Female Operatives. Bradford, 1845. (In College Pamphlets, V. 1425.) (See Sanitary Condition of Labor. Quar., 71 : 417.) Villerme. Tableau de I'etat physique et moral des ouvriers em- ployes dans les manufactures de coton, de laine et de sole. Paris, 1840. The Physical and Moral Condition of the Children and Young Per- sons Employed in Mills and Manufactories. London, 1843. Labor Movement in America. Atkinson, E. Address upon the Labor Question. Boston, 1886. Aveling, E. The Labor Movement in America. London, 1887. Boyd, J. P. Vital Question of the Day or Historic Reviews of the Issues of Labor. New York, 1894. CoflSn, C. C. The Complaint of Labor Argument Before Congres- sional Committee on Depression in Labor and Business, Wash- ington, 1879. Ely, R. T. The Labor Movement in America. New York, 1886. See Newcomb, S., Ely on the Labor Movement. Nation, 43 : 293. Gladden, W. Working People and Their Employers. Boston, 1876. Social Facts and Forces (Lectures on Factory, Union and Cor- poration). New York, 1898. Gunton, G. The Economic and Social Importance of the Eight- Hour Movement. New York, 1889. Hall, F. S. Sympathetic Strikes and Lockouts. (In Columbia Col- lege Studies.) New York, 1899. Hinckley, T. A. The Philosophy of the Labor Movement. Boston, 1871. Massachusetts Labor Legislation. 153 Hobhouse, L. T. The Labor Movement. New York, 1897. Jelley, S. M. The Voice of Labor. Plain Talk on Labor Rights, Wrongs, Remedies and Prospects. Chicago, 1887. Johnson, S. Labor Parties and Labor Reform. (In Lectures, Es- says and Sermons, p. 281.) Boston, 1883. J. W. The Rights of Labor : An Inquiry as to the Relation of Em- ployer and Employed. Chicago, 1894. Kulemann, W. Die Gewerkschaftsbewegung. Darstellung der Ge- werkschaftlichen Organization der Arbeiter und der Arbeitgeber aller Lander. Jena, igoo. Labor: Its Rights and Wrongs. Statements and Comments by the Leading Men of Our Nation. Washington, 1886. Marshall, A. Old World Questions and New World Answers. New York, 1884. McNeill, G. E. The Labor Movement. Boston, 1887. United States Senate Committee on Relations of Labor and Capital — Testimony. Washington, 1885. Vigouroux, L. La concentration des forces ouvrieres dans I'Amerique du Nord. (Pref. by M. Paul de Rousiers.) Paris, 1899. Wheeler, A. S. The Labor Question. Address to the New England Labor Reform League. Princeton, 1873. Wilson, H. Suggestion to Workingmen. Boston, 1868. MAGAZINE articles. Adams, H. C. An Interpretation of the Social Movement of our Times. Int. Ethics. Oct., 1891. Aveling, E. The Labor Problem in America. Time 16 : 298-705. Barnard, F. A. P. Labor Warfare against Society. Forum, 4 : 229. Brooks, J. G. Organized Labor in United States. Econ. J., 9 : 88. The Trade Union Label. Bulletin of Dept. of Labor. Wash- ington, March, 1898. Carnegie, A. Results of Labor Struggles. Forum, i : 538. Cox, J. C. Power of Labor. Fortn., 22 : 120. Croffret, W. A. What States have Labor Troubles. Forum, i : 294. Donald, R. Movement for an Eight-Hour Day in the United States. Econ. J., 2 : 579- Government and the Ten-Hour Movement. Contemp., 64 : 765. Grieve, R. Labor ; What it Wants. Arena, 14 : 259. Gunton, G. Influence of Labor. Soc. Econ., 2 : 10. Hammill, F. Representation of Labor. Fortn., 61 . : 546. Hinton, R. I. Labor Organizations of America. No. Am., 140 : 48. 154 Annals of the American Academy. Howell, G. The Trades Union Congress and Social Legislation. Contemp., Sept., 1889. Jeans, J. S. Labor War in the United States. 19th Cent., Aug, 1894. Recent Movement of Labor: Hours and Wages. J. Statis. Soc, 55 : 620. The Labor Question in 1808. C. A. Cummings. O. & N., 5 : 409; ni 1852 (A. B. Peabody). No. Am., 74 1445 ; in 1870. Ev. Sat, 9 : 738; in 1872 (E. L. Godkin). Nation, 14 : 5. Lorillard, P. Labor in Politics. No. Am., 143 : 53. Mann, T. Attitude of Laborers in Europe and America. Forum, 28 : 325. Newcorab. The Organization of Labor. Princeton R. May and Sept., 1880. Nicholson, J. S. Relative Strength of Labor and Capital. Econ. J., 2 : 478. Oliver, H. K. Newspaper Cuttings Relating to the Labor Ques- tion. Bost. Pub. Library. Ross, E. A. Roots of Discontent. Ind., 49 : 108 (Ja. 28), 141 (F. 4). Smyth, N. Claims of Labor. And. R., 3 : 302, or Cong., 14 : 451. Stead, W. T. Incidents of the Labor War in America. Contemp. July, 1894. Stimson, F. J. The Right to Labor. Nation, 60 : 251. Sumner, W. G. Labor Troubles. Forum, 2 : 1. S3fmes, J. E. The Eight-Hour Day Movement. Economic Aspects. Econ. R., I : 51. Tasker, F. E. Labor and Capital. The coming struggle. Am. M. Civics, 9 : 277. Ten-Hour Movement. Soc. Econ., 4 : 330. Thornton, W. T. Labor and its Rights. Fortn., 8 : 47. Threlfall, T. F. The Political Failure of Labor. 19th Cent., 35 : 203. Walker, F. A. Efforts of the Laboring Classes to better their Con- dition. Am. Econ. Assoc, 53, No. 3. Walker, J. H. A Manufacturer's View of Labor Organizations. Soc. Econ., I : 378. Woollen, E. Labor Troubles between 1834 and 1837. Yale R., i : 87. Wright, C. D. Significance of Labor Troubles. Int. J. Ethics, 5 : 137- Young, N. The Labor Party. What it may Achieve. National, 19 : 706. Economic Theory in Relation to Labok. Argyle, Duke of. The Reign of Law. New York, 1879. August, Otto. Das Recht der Frauen auf Erwerb. Hamburg, 1868. Massachusetts Labor Legislation. 155 Barnett, S. A. and H. O. Practicable Socialism. Essays on Social Reform. London, 1894. Bonham, J. M. Industrial Liberty. New York, 1888. Brassey, Thomas. Lectures on the Labor Question. (2d Ed.) Lon- don, 1898. Clark, J. B. The Theory of Economic Progress (in Am. Econ. As. Ec. Studies. 1896, v. i. No. i). Cooley, T. McJ. Treatise on the Constitutional Limitations which rest upon the Legislative power of the States of the American Union. Boston (Cambridge), 1868. Farrer, T. H. The State in its Relation to Trade. London, 1895. Oilman, N. P. The Labor Problem. Factors in American Civiliza- tion. Brooklyn, Ethical Association, 1893. Gunton, G. Wealth and Progress. A Critical Examination of the Labor Problem. New York, 1887. Jarvis, E. Value of Common School Education to Common Labor. Washington, 1879. Jevons, W. S. The State in Relation to Labor. London, 1882. Laboulaye, Ch. Les droits des ouvriers. Paris, 1873. Lacy, G. Liberty and Law. Refutation of Individualism of Mr. H. Spencer. London, 1887. Loria, A. The Economic Foundations of Society (Translated from 2d French Ed. by L. M. Keasbey). New York, 1899. Mackay, I. (Ed.) A Plea for Liberty. An Argument against So- cialism and Social Legislation. New York, 1891. See Part III. Liberty for Labor. (G. Howell.) Part V. Work- ing Class Discontent. (E. Vincent.) Part XIL The True Line of Deliverance. (A. Herbert.) Marshall, A. Economics of Industry. London, 1892. Means, D. M. Industrial Freedom. New York, 1897. Menger, A. The Right to the Whole Produce of Labor. (Trans, by M. E. Tanner.) London, 1899. Mill, J. S. On Liberty. Rae, John. Eight Hours for Work. London, 1894. Relation of Political Economy to the Labor Question. Bos- ton, 1882. Ritchie, D. G. The Principle of State Interference. London, 1891. Smith, Bruce. Liberty and Liberalism. A Protest against the grow- ing Tendency toward Undue Interference by the State. London, 1887. Sumner, W. G. What Social Classes Owe each other. New York, 1884. Thompson, H. M. The Theory of Wages and its Application to the Eight-Hour Question and other Labor Problems. London, 1892. 156 Annals OF THE American Academy. Wolff, H.W. Employer's Liability. What Ought it to be ? London, 1897. MAGAZINE ARTICLES. Adams, H. C. Economics and Jurisprudence. Am. Econ. Assoc, ' Feb., 1897. The Relation of the State to Industrial Action. Pub. Am. Econ. Assoc, VI, 1887. Arch, J. and G. Potter. Laborers and the Vote. 19th Cent., 3 : 48. Beardsley, C, Jr. Effect of an Eight-Hour Day (Theoretical proof of benefit). Qt. J. Econ. July, 1895. Bosanquet, Helen. Lines of Industrial Conflict. Econ. J. Dec, 1897. Bucher, W. I. Legislative Restriction of Evils. Presb. R., 9 : 249. Cummings, Edward. Industrial Arbitration. Qt. Jour. Econ., July, 189s. p. 353- Curtis, L. E. Labor Riots and so-called Government by Injunction. Engin. M., 12 : 381. Drake, H. A. Labor Disputes. A Legislative Remedy. Am. M. Civics, 8 : 337. Ely, R. T. Arbitration between Labor and Capital. No. Am., 143 : 317- Fawcett. State Regulation of Hours of Labor. Essays and Lec- tures, 107. Flaw in the Bill on Employers' Liability. Westm., 131 : 492. Graffenried, C. de. Social Economic Problems. Am. J. Sociol., 2 : igo. Hadley, A. T. Labor Legislation and its Enforcements. Conn. Bu- reau of Labor Statistics, 1886. Outlook for Industrial Peace. Forum. Sept., 1889. Legal Theories of Price Regulation. Yale R. May, 1892. Haluame, R. B. Regulation of Labor and Wages. Contemp., 57 : 240. Howell, G. Mistaken Labor Legislation. New R., 4 : 267. Hyslop, J. H. Labor Troubles. Causes and Proposed Remedies. Int. J. Ethics, S : 444. Jevons, S. Legislative Experimentation. Contemp., 37 : 177. Pol. Sci. Mo., 16 : 7S4. Jourdan, A. L'economie politique et le droit. Rev. d. Econ. Pol. Aug., 1887. Kinley, D. Ethical Justification of Labor Legislation. Bui. of Christ. Soc U. March, 1893. Lowell, A. L. Relation of the Referendum and Initiative to Labor. Int. J. of Ethics, 6 : 51. Massachusetts Labor Legislation. 157 Massingham, H. W. The Government and Labor. Contemp. Dec, 1893- Mason, N. T. Necessity of State Tribunals of Labor. Am. M. Civics, 7 : 160. Rae, J. The Balance Sheet of Short Hours. Contemp. Oct., 1891. The Eight-Hour Day and Foreign Competition. Contemp. Feb., 1898. Reeves, W. P. Labor Troubles. R. of R., 10 : 178. Stimson, F. J. Democracy and the Laboring Man. J. Soc. Sci. Dec, 1897. The True Attitude of Courts and Legislatures upon Labor Questions. Green Bag, March, 1898. Sumner, W. G. Do we want Industrial Peace? Forum. Dec, 1889. State Interference. No. Am. R. Aug., 1887. Thatcher. Limits of Constitutional Law. Yale R., 6 : 7. Walker, A. Legal Interference with Hours of Labor. Lippinc, 2 : 527. Bibliographies. Black, J. W. References upon the History of Labor and Some Con- temporary Problems. Oberlin College Library, Bulletin, Vol. i, No. 2 (1893). Frankenstein, Kuno. Bibliographic d. Arbeiterversicherungswesens im Deutschen Reiche [zum grossten Tl. aus; "Zeitschr. f. Litt. u. Geschichte d. Staatswissenschaften"]. Leipzig, 1895. Marot, Helen. 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