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Author: 
 
 New York (State) 
 
 Title: 
 
 Fourth report of the 
 
 Factory... V. 1-3 of 5 
 
 Place: 
 
 Albany 
 
 Date: 
 
 1915 
 
QQ-P)7-Lcn>-i 
 
 MASTER NEGATIVE * 
 
 COLUMBIA UNIVERSITY LIBRARIES 
 PRESERVATION 
 
 BIBLIOGRAPHIC MICROFORM TARGET 
 
 ORIGINAL MATERIAL AS FILMED • EXISTING BIBLIOGRAPHIC RECORD 
 
 , BUSINESS 
 
 I iei 
 
 \ N4876 
 i 1915 
 
 New York (State) Factor t/ inve8tigating co^nmiasiotu 
 
 ... Fourth report of the Factory investigating commission, 
 1915 ... Transmitted to the Legislature February 15, 1915. 
 
 Albany, J. B. Lyon company, printers, 1915. 
 
 5 y. tables, dlngi's. 23"". (iLeRislnture, 1915. Senate doc. 43j) 
 
 At head of title : State of New York. 
 
 Rol>ert F. Wagner, chairman. 
 
 "Dissenting reiwrt by Lnurenre M. D. McGuIre" and "Reply to dis- 
 senting report ...": v. 1, p. 70-80. 
 
 CONTENTB. 
 
 I. ne|M>rt. Ap|)endlcrR: i. lUlls ro<*omnirndo<l by coininlsslon. ii. 
 llrlcfs Rubiiiltted by oomiiilssloii. iii. Mcmorniidii on the roliitloiislilp 
 between low wages and the vice problems. Questionnaire on the wage 
 problem. SymiKisium on the minimum wage problem. Industrial educa- 
 tion and wages. Consolidation of departments Inspecting buildings in 
 
 New York city. List of 
 tile establishments. Study 
 
 o 
 
 questions on Are liazard In mercan- 
 of hotel laundries. 
 (Continued on next card) 
 
 15—27401 
 (n37il| 
 
 RESTRICTIONS ON USE: 
 
 BUSINESS 
 
 262 
 N4876 
 
 4 
 1915 
 
 New York (State) Factory investigating cotmnission. 
 
 Fourth report ... 1915. (Card 2) 
 
 Contents — Continued. 
 
 II. Appendix ir. Report of wage Investigation. — III. Appendix v. Sta- 
 tistical tables, supplemehtary to Report of general wage investigation. — 
 IV. Appendices : vi. Relationship between industrial education and wages. 
 Tii. Cost of living in New York state, vm. Wage regulation in Austra- 
 lasia.— v. Testimony given at hearings held to consider the subjects of 
 consolidation of departments In New York city and wagea and wage 
 legislation (Apr. 18, 1914-.Tan. 22, 1916) 
 
 1. liiibor and laboring classes— New York (State) 2. Factory sys- 
 tem—New York (State) 3. Wages — New York (State) 4. Building 
 la^s—^jew York (State) 5. Technical e<iucation— New York (State) 
 0. Cost and standard of living— New York (State) 7. Wages— Minimum 
 wage. I. Wagner, Robert Ferdinand, 1877- n. McGuIre, Lau- 
 
 rence M. D. m. Title. -^ 
 
 ^ 16—27401 
 
 Library of Congress J HD8053.N7A5 1915 
 
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 ^hoQ] of Business Library 
 Columbia Uniyeriity 
 
 U4^7<^ 
 
 LIBRARY 
 
 School of Business 
 
 \ • 
 
 I 
 
 JUL 2 5 1940 
 
1 
 
 STATE OF NEW YORK 
 
 FOURTH REPORT 
 
 OF THE - 
 
 'I Factory Investigating Commission 
 
 1 
 
 191 5 
 
 VOLUME 1 
 
 TRANSMITTED TO THE LEGISLATURE FEBRUARY 15, 1915 
 
 • « 
 
 » 
 
 . ALBANY ,. 
 
 h B. LYON cov:panv prIntzrs 
 
 '1915 
 
 • • t • 
 
 /, 
 
v./ 
 
 / 
 
 
 / 
 
 State of New York 
 
 No. 43 
 
 IN SENATE 
 
 February 15, 1915 
 
 UJ 
 
 
 FOURTH REPORT 
 
 OF THE 
 
 
 New York State Factory Investigating Commission 
 
 Fcbniaiy 15, 1915 
 
 ABRAM I. ELXUS 
 
 Chitf Counsel 
 
 BERNARD L SHIENTAG 
 
 Assistant Counsel 
 
 ROBERT F. WAGNER 
 
 Chairman 
 
 ALFRED E. SMITH 
 
 Vict-Chairman 
 
 CHARLES M. HAMILTON 
 EDWARD D. JACKSON 
 CYRUS W. PHILUPS 
 SIMON BRENTANO 
 MARY E. DREIER 
 SAMUEL GOMPERS 
 LAURENCE M. D. McGUIRE 
 
 FRANK A. TIERNEY 
 
 Secretary 
 
CONTENTS 
 
 VOLUME I 
 
 A\ 
 
 I 
 
 PAGE 
 
 Report of Commission I-75 
 
 General Summary 1_17 
 
 Creation of Commission 1 
 
 Scope of Commission's Investigation 2 
 
 Organization of Commission 2 
 
 Summary of work in 1911 2 
 
 Laws enacted in 1912 3 
 
 Continuance of Commission in 1912 4 
 
 Investigations in 1912 4 
 
 Laws passed in 1013 5 
 
 Hearing on Commission's bills 7 
 
 Continuance of Commission in 1913 7 
 
 Work in 1913 g 
 
 Reports submitted in 1913 8 
 
 Status of wage investigation in 1913 9 
 
 Laws passed in 19-14 10 
 
 Advisory committees 11 
 
 Advisory committee on wages and wages legislation 11 
 
 Advisory committee on recodification of Labor Law 13 
 
 New York City committee 13 
 
 Up-State committee 15 
 
 Outline of Work in 1914 17-30 
 
 Wage investigation 17 
 
 Methods of investigation 18 
 
 Extent of general wage investigations 18 
 
 Reports of wage investigation 19 
 
 Relationship between irregularity of employment and living wage. 20 
 
 Report on cost of living 20 
 
 Wages and industrial training 21 
 
 Wage legislation in Australasia 21 
 
 Recodification of the Labor Law 22 
 
 Consolidation of departments inspecting buildings in New York City. 22 
 
 Cases involving constitutionality of laws recommended by commission. 23 
 
 Questionnaires and Letters of Inquiry 24 
 
 Public Hearings and Executive Sessions 29 
 
 Wages and Wage Legislation 33-50 
 
 ^^'ages 34 
 
 Piece rates 35 
 
 Rates and earnings 35 
 
 Women's earnings 35 
 
 [V] 
 
vi 
 
 Contexts 
 
 / 
 
 Wages and Wage Legislation — Continued PAGE 
 
 Age, Experience and Personal Condition 36 
 
 Wage and experience 36 
 
 Age and wage 36 
 
 Home relations 36 
 
 Cost of Living 37 
 
 Irregularity of employment and lack of standardization in trades. ... 38 
 
 Vocational and trade training 40 
 
 Expression of public opinion 41 
 
 Objections to wage legislation 42 
 
 Arguments in support of wage legislation 42 
 
 Conclusions and recommendations 47 
 
 Recodification of the Labor Law 51-64 
 
 Change in arrangement of the Labor Law 52 
 
 Present arrangement of the Labor Law 52 
 
 Proposed classification 54 
 
 Repeal of present articles of the Labor Law 56 
 
 Transfer of provisions to other laws 36 
 
 Consolidation of employment certificate provisions 57 
 
 Change in definition of factory 57 
 
 Change in definition of factory building 58 
 
 Change in definition of mercantile establishment 58 
 
 Labor Law made more flexible 59 
 
 Power of Industrial Board to grant modificatons 60 
 
 Industrial Board to specify materials and forms of construction 61 
 
 Smoking in factories 61 
 
 Summary power of Commissioner of Labor increased 62 
 
 Penalty provisions 62 
 
 Fire hazard in mercantile establishments 63 
 
 Summary 63 
 
 Consolidation of Departmento Having Jurisdiction over Buildings in 
 
 New York Citv • 65-72 
 
 Issuance of tentative plan and bill 67 
 
 Recommendation of Commission 70 
 
 Conclusion 72 
 
 Appreciation to Abram I. Elkus 72 
 
 Dissenting Report of Laurence M. D. McGuire 76 
 
 Reply to Dissenting Report 83 
 
 APPENDIX I 
 
 Bills Recommended by Commission 91-299 
 
 Recodification of the Labor Law 93 
 
 Wage Commission and living wage for women and minors 291 
 
 Consolidation of departments inspecting buildings in New York City. 299 
 
 APPENDIX II 
 
 Briefs Submitted by Commission 301 
 
 People V. Schweinler Press — Court of Appeals — Law prohibiting 
 night work of women in factories 303 
 
 Contents 
 
 Vll 
 
 Briefs Submitted by Commission — Continued paqb 
 
 Decision of Court of Appeals in People v. Schweinler Press 369 
 
 People V. Balofrfcy — Appellate Division, Second Department — 
 Law prohibiting manufacturing of children's wearing apparel in 
 tenements • ^^1 
 
 APPENDIX III 
 
 1. Memoranda on the relationship between low wages and the vice 
 
 problems ^^ 
 
 Katberine B. Davis ^^ 
 
 Martha P. Falconer 392 
 
 Abraham Flexner ^^^ 
 
 George J. Kneeland ^^ 
 
 Maude E. Miner 409 
 
 James Bronson Reynolds ^12 
 
 Mary K. Simkhovitch 414 
 
 Frederick H. Whitin 416 
 
 2. Questionnarie on the Wage Problem 418 
 
 List of questions 418 
 
 List of persons submitting replies 421 
 
 Replies to questions 425-591 
 
 3. Symposium on the Minimum Wage Problem 592 
 
 I. Economists • ^98 
 
 Thomas S. Adams 598 
 
 Eugene E. Agger 598 
 
 William B. Bailey 600 
 
 Roy G. Blakey 601 
 
 Thomas N. Carver 602 
 
 Sidney J. Chapman 604 
 
 John Bates Clark 604 
 
 John R. Commons - 605 
 
 Davis R. Dewey • 605 
 
 Frank A. Fetter 606 
 
 George C. Groat 608 
 
 John H. Gray • • • 610 
 
 M. B. Hammond 611 
 
 E. W. Kemmerer 614 
 
 Scott Nearing 620 
 
 Edward Alsworth Ross 634 
 
 John A. Ryan 635 
 
 Henry R. Seager 641 
 
 N. L Stone 652 
 
 Frank H. Streightoflf 668 
 
 F. W. Taussig 673 
 
 Frank D. Watson 675 
 
 A. F. Weber 678 
 
 II. Social Workers. 
 
 Felix Adler 681 
 
 Frederic Almy 681 
 
 Inez MilhoUand Boissevain 683 
 
VIll 
 
 Contents 
 
 3. Symposium on the Minimum Wage Problem — Continued 
 
 II. Social Workera — Continued p^^^ 
 
 Bailey B. Burritt (Joint statement with John A Fitch 
 Homer Folks, Paul U. Kellogg, John A. Kingsbury! 
 Samuel McCune Lindsay, Charles S. MacFarland, William 
 
 H. Matthews, Frank Persons and Stephen S. Wise) 691 
 
 Frederick Courtney " g^- 
 
 Herbert Croly ...........'. qqq 
 
 Edward T. Devine g^^ 
 
 Seba Eldridge 698 
 
 Mary E. Gardner 700 
 
 Josephine Goldmark ^q, 
 
 Norman Hapgood 7^- 
 
 Charles R. Henderson ' ^qI 
 
 Frederic C. Howe 708 
 
 Florence Kelley -^, 
 
 John A. Kingsbury ^^^ 
 
 Bruno Lasker - H 
 
 Owen R. Lovejoy -,. 
 
 George R. Lunn ' j^q 
 
 D. J. McMahon 71^ 
 
 Maud Nathan -27 
 
 Harry Allen Overstreet 728 
 
 Samuel Schulman y«Q 
 
 John Spargo •«., 
 
 Nelle Swartz -27 
 
 Walter E. Weyl ..........[.... 737 
 
 Gaylord S. White 738 
 
 III. Lawyers 741 
 
 Henry De Forest Baldwin ..!....!. 741 
 
 H. La Rue Brown -^« 
 
 W. Bourke Cockran j^ 
 
 Julius Henry Cohen ^gg 
 
 Manfred W. Ehrich *....'!!..!.!". 760 
 
 Raymond B. Fosdick jq2 
 
 John D. Keman yg2 
 
 Jarvis W. Mason yg j 
 
 Charles F. Matthewson 765 
 
 Victor Morawitz ^qq 
 
 Everett P. Wheeler 7^7 
 
 IV. Representatives of Labor ! 769 
 
 Edward A. Bates -rgj^ 
 
 Homer D. Call 770 
 
 Timothy Healy 770 
 
 James P. Holland ! . . ! 771 
 
 Emanuel Koveleski 772 
 
 James M. Lynch 773 
 
 Helen Marot jj^ 
 
 John Mitchell j-rj 
 
 Alburtis Nooney 7gQ 
 
 Contents 
 
 IX 
 
 : 
 
 t 
 
 f 
 
 3. Symposium on the Minimum W^age Problem — Continued 
 
 IV. Representatives of Labor — Continued fage 
 
 John T. O'Brien 780 
 
 Margaret Dreier Robins 781 
 
 Henry Streifler : 786 
 
 V. Employers and their Representatives 787 
 
 James F. Adams 787 
 
 L. Adler Bros. & Co 788 
 
 Roger W. Babson 788 
 
 M. M. Bruere 792 
 
 Frank R. Chambers 793 
 
 Richard S. Childs 793 
 
 Henry Clews 794 
 
 James G. Cutler 795 
 
 Frederick L. Devereux 796 
 
 H. Dowie 797 
 
 Nathan Drew 798 
 
 E. F. Du Bruhl , 799 
 
 Dunn & McCarthy 801 
 
 Alex Eisemann 802 
 
 A. Lincoln Filene 802 
 
 D. M. Frederiksen 804 
 
 F. X. Kuchler & Son 806 
 
 Adolph Lewisohn 807 
 
 Robert Luce 807 
 
 K. B. Mathes 809 
 
 New York State Retail Dry Goods Association 811 
 
 F. Colburn Pinkham 819 
 
 H. F. Searles 820 
 
 Percy S. Straus 822 
 
 Henry R. Towne 824 
 
 G. Vintschger, Sr 825 
 
 F. E. Wheeler 825 
 
 VI. Commissions 827 
 
 Great Britain. 
 
 G. S. Barnes 827 
 
 California. 
 
 Katherine P. Edson 828 
 
 Walter G. Matthewson 828 
 
 Massachusetts. 
 
 Robert G. Valentine 829 
 
 Minnesota 
 
 William F. Houk 833 
 
 Oregon. 
 
 Edwin V. 0*Hara 837 
 
 Washington. 
 
 Edward W. Olson 838 
 
 Wisconsin. 
 
 C. H. Crownhart 844 
 
 ( 
 
CONT 
 
 E.XTS 
 
 Contents 
 
 XI 
 
 ' \ 
 
 ^ 
 
 L 
 
 4. Industrial Education and Waires ^t?? 
 
 Idst of those submitting replies.. f>^ 
 
 William C. Ash ^ 
 
 W. H. Belcher [[[[ !t! 
 
 Meyer Bloomfield ...!!....!!!! 849 
 
 James E. Dongan gSl 
 
 Joseph J. Eaton g-, 
 
 A. Caswell Ellis f?^ 
 
 Alfred P. Fletcher ^^ 
 
 Frederick A. Geier '.'.'.'.'.'.'.'.'.'.'.'.'."" 8.56 
 
 Lewis Gustafson 
 
 F. C. Henderschott «^^ 
 
 Ernest M. Hopkins «^, 
 
 w. B. Hunter ! . ! ! ! ! 1 ! ! !! 1 1 ! ! ! ! ! ! 1 1 ! ! sea 
 
 Pliny A. Johnston ^.. 
 
 Millard B. King .*.'.'.'.'.'..'.'.*.'.*.'.*.*.*!.'!.*.'.'.*.*.*.".' 867 
 
 Paul Krenrpointner gg^^ 
 
 John A. Lapp * ' " * ' g^^ 
 
 James P. Munroe ««,. 
 
 H. B. R. Schell !:" 
 
 Albert Shiels Ilg 
 
 J. G. Spoflford 885 
 
 Mary S. Woolman gg- 
 
 6. ConsoUdation of Departments Inspecting Buildings in New York City * 888 
 liist of questions gg 
 
 Questions considered at informal conference 891 
 
 Tentative plan ^o^ 
 
 Tentative bill .'.'.'.'.*!.*!.'!.*.'.'.*.'.'.'.*.*.*.*! 894 
 
 6. List of Questions on Fire Hazard in Mercantile EsUblishments! . 918 
 
 7. Study of Hotel Laundries gg. 
 
 VOLUME n 
 
 GENERAL WAGE INVESTIGATION 
 Scope and Character of the General Wage Investigation. . . . i_«5a 
 
 Mercantile Establishments 51-174 
 
 Wages in Retail Stores .*.."...!..!..!.....! 51-120 
 
 Organization and Working Conditions in Retail Storw- *^. ••. 121-167 
 Mutual Aid AssociatioYis in New York City Stores 167-174 
 
 The Shirt Industry "1 „'* 
 
 The Paper Box Industry 231-300 
 
 Wages in the Paper Box Industry ...............[.. .231-270 
 
 Report on Accidents in the Paper Box Industry. ...........[,. ! 271-300 
 
 i 
 
 i 
 
 PAGE 
 
 The Confectionery Industry 301-338 
 
 Tlie Button Industry -.339-359 
 
 Wages in the Millinery Trade 361-469 
 
 Wages Paid by the New York Telephone Company 471 
 
 Wages of Employees of Certain Public Utilities 482 
 
 The Relation of Irregular Employment to the Living Wage for Women . 497-635 
 
 VOLUME m 
 
 Statistical Appendix . . * 637 
 
 VOLUME IV 
 
 APPENDIX VI 
 
 Report on Vocational Training. 1237-1460 
 
 Vocational Training in the Paper Box Industry 1243 
 
 Vocational Training in the Candy Industry 1347 
 
 Vocational Training in Department Stores 1363 
 
 Wage Value of Vocational Training 1407 
 
 APPENDIX VII 
 
 The Cost of Living in New York State 1461-1844 
 
 Cost of Living to the Single Woman 1474 
 
 Cost of Living to Men Living Independently 1613 
 
 Cost of Living for a Normal Family 1625 
 
 Living on Six Dollars a Week 1675 
 
 How the Working Girl of New York Lives 1695 
 
 Replies to Letters of Inquiry Concerning the Cost of Living 1715 
 
 Supplementary Tables 1769 
 
 A Study of Families 1785 
 
 APPENDIX VIII 
 
 Minimum Wage Legislation in Australasia 1846-2*280 
 
 Victoria 1851 
 
 New Zealand 1957 
 
 New South Wales 2053 
 
 Western Australia 2157 
 
 Southern Australia 2168 
 
 Queensland 2187 
 
 Tasmania 2198 
 
 The Commonwealth 2203 
 
i 
 
 xii Contents 
 
 Minimum Wage Legislation in Australasia — Continued page 
 
 Summary and Conclusions 2226 
 
 Bibliography 2262 
 
 Statistical Table of Boards and Awards 2262 
 
 Chart of Provisions for Wage Regulation 2262 
 
 List of Cases Decided 2263 
 
 VOLUME V 
 
 /" 
 
 TESTIMONY 
 
 Consolidation of Departments Inspecting Buildings in New York City. 
 Wages and Wage Legislation 
 
 2269 
 2637 
 
 r 
 
 I 
 
 REPORT 
 
 OF THE 
 
 NEW YORK^STATE^FACTORY INVESTIGATING 
 
 COMMISSION 
 
 To the Legislature of the State of New York: 
 
 The New York State Factory Investigating Commission, in 
 pursuance of the provisions of chapter 110 of the Laws of 1914, 
 hereby submits the following report: 
 
 Cbeation of thb Commission 
 
 This Commission was created after the Triangle Waist Com- 
 pany fire occurring in New York City, March 25, 1911, in which 
 145 employees, chiefly women, lost their lives. 
 
 Pursuant to chapter 561 of the Laws of 1911, the following 
 Commission was appointed: 
 
 By the President of the Senate: 
 Robert F. Wagner. 
 Charles M. Hamilton. 
 
 By the Speaker of the Assembly : 
 Alfred E. Smitli. 
 Edward D. Jackson. 
 Cyrus W. Phillips. 
 
 r • 
 
 By the Gt)vemor: 
 
 Simon Brentano. , * 
 
 Robert E. Bowling.* 
 Mary E. Dreier. 
 Samuel Gompers. 
 
 * III 1»14 Mr. Robert E. Dowling resigned and Mr. Laurence M. D 
 McGuire was appointed in his place. 
 
i 
 
 l^ 
 
 u 
 
 2 Report of Commission 
 
 Scope of the Commission's Investigation 
 The Legislature authorized the Commission to inquire into the 
 conditions under which manufacturing is carried on in cities of 
 the first and second class of the State, to the end that remedial 
 legislation might be enacted for the protection of the life and 
 health of all factory workers, and for the best interests of the 
 public generally. 
 
 The Commission was given all the powers of a legislative com- 
 mittee, including the power to compel the attendance of witnesses 
 and the production of books and papers, and the right to appoint 
 counsel, secretary, stenographer and the necessary employees to 
 aid it in carrying out its worL The members of the Commis- 
 sion were to receive no compensation for their services. 
 
 Obgani2lation of the Commission 
 
 The Commission was organized in August, 1911. Senator 
 Robert F. Wagner was elected chairman, and Assemblyman 
 Alfred E. Smith, vico<;hairman. The Commission appointed 
 Abram I. Elkus, chief counsel, and Bernard L. Shientag, assis- 
 tant counsel. Frank A. Tiemey was selected as secretary. 
 
 Summary of Work in 1911 
 
 The Commission retained Dr. George M. Price as ite expert 
 in general charge of the work of inspection of manufacturing 
 establishments, and of the problem of sanitation therein. Mr. 
 H. F. J. Porter, a mechanical engineer, was retained as advisory 
 expert on the fire problem. Under their supervision a trained 
 corps of inspectors was put in the field. 
 
 The Commission held fourteen public hearings in the cities of 
 the first and second class of the iState: 222 witnesses were ex- 
 amined, and 3,489 pages of testimony taken. In addition num- 
 erous executive sessions and conferences were held. 
 
 The following investigations were conducted: 
 
 1. General sanitary investigation of factories in cities of the 
 first and secend class. 
 
 2. Fire hazard in factories. 
 
 3. Women's trades. 
 
 Report of Commission 
 
 3 
 
 4. Conditions in bakeries and physical examination of bakers 
 employed therein. 
 
 6. Lead poisoning and arsenical poisoning. 
 
 6. An industrial survey of a selected area in New York City. 
 
 7. Preliminary investigation of child labor in tenement houses. 
 
 Special reports on each of the foregoing are fully set forth in 
 the Commission's preliminary report in three volumes, which 
 was published March 1, 1912, to which reference is here made. 
 This report, together with a series of bills embodying the pre- 
 liminary recommendations of the Commission, was submitted to 
 the Legislature on March 1, 1912. 
 
 We shall not now go into the details of this preliminary re- 
 port, except to call attention to the fact that one investigation 
 alone, the general sanitary investigation, covered twenty indus- 
 tries and 1,836 factories, in which 63,374 men, women and chil- 
 dren were employed. The bakery investigation covered 500 
 bakeries and included a careful physical examination of 800 
 bakers therein employed. The industrial survey in New York 
 City covered 323 establishments, in which 10,698 men, women 
 and children were employed. 
 
 Laws Enacted as a Result of the Commission's First 
 
 Year's Work 
 
 The following bills recommended by the Commission in its 
 preliminary report were passed by the Legislature during the 
 session of 1912, and became laws: 
 
 1. Registration of factories. 
 
 2. Physical examination of children before employment cer- 
 tificate is issued. 
 
 3. Fire drills. 
 
 4. Automatic sprinklers. 
 
 5. Fire prevention; removal of rubbish; fire-proof receptacles 
 for waste material ; protection of gas jets ; prohibition of smoking 
 in factories. 
 
 6. Prohibition of the eating of lunch in rooms where poisonous 
 substances are prepared or generated in the process of manufac- 
 
I 
 
 I 
 
 r 
 
 ] 
 
 I : 
 
 \ ) 
 
 i 
 
 i; 
 
 Report of Commission 
 
 \ 
 
 tiire; adequate hot and cold washing facilities for such estab- 
 lishments. 
 
 7. Employment prohibited of women within four weeks after 
 
 child-birth. 
 
 8. Summary power of Commissioner of Labor over unclean 
 
 and unsanitary factories. 
 
 Continuance of the Commission in 1912 
 
 On March 6, 1912, chapter 21 of the Laws of 1»12 was enacted 
 continuing the time within which the Commission might com- 
 plete its investigations to the 15th day of January, 1913. The 
 act extended the jurisdiction of the Commission to cities through- 
 out the State, and also authorized the Conmiission to investigate 
 general conditions in mercantile establishments. The Cominis- 
 sion thereupon continued its investigations with the organization 
 previously referred to, except that James P. Whiskeman, C. E., 
 was retained as advisory expert on the fire problem* 
 
 Numerous civic organizations, which for many years had urged 
 the appointment of a special commission to investigate the ina- 
 portant subject of manufacturing in tenements, requested this 
 Commission to investigate that problem, along with the other 
 work that it had undertaken. 
 
 Investigations in 1912 
 In 1912 and 1913 the Conmiission conducted the following 
 investigations : 
 
 1. General sanitary investigation continued throughout the 
 
 State. 
 
 2. Fire hazard investigation continued. 
 
 3. Manufacturing in tenements. 
 
 4. Conditions in the canneries. 
 
 6. Night work of women in factories. 
 
 6. The tobacco industry. 
 
 7. The printing industry. 
 
 8. Investigation of conditions in mercantile establishments. 
 
 Report of Commission 5 
 
 9. Investigation of dangerous trades, covering the following: 
 
 a. The chemical industry generally. 
 
 b. Wood alcohol. 
 
 c. Commercial acids. 
 
 d. Lead poisoning and arsenical poisoning. 
 
 e. Six miscellaneous investigations on occupational dis- 
 
 eases and accidents in the dangerous trades. 
 
 Detailed reports of all these investigations are fully set forth 
 in the second report of the Commission, contained in Tour printed 
 volumes, which was submitted to the Legislature in February, 
 1913. 
 
 Summary of Commission's Work in 19li5 
 
 In 1912 and 1913 the Commission held 37 public hearings in 
 difPerent cities of the State, over 250 witnesses were examined, 
 and 3,557 pages of testimony taken. In addition, numerous 
 executive sessions were held, at which employees of different 
 industries attended and testified. 
 
 The general sanitary investigation of 1912 included 45 cities 
 of the State, and covered 1,338 industrial establishments, in 
 which 125,961 wage-earners were employed. All told, the in- 
 vestigations conducted by the Commission during this period 
 covered several hundred thousand men, women and children 
 working in the different industries of the State. The canneries 
 in the State were inspected by the Commission itself or its agents. 
 Many factories were personally investigated by the Commission, 
 and hearings held and testimony taken right in the factories. 
 
 Laws Passed ab a Kesult of the Commission's Second 
 
 Year's Work 
 
 With its second report the Commission submitted a compre- 
 hensive series of bills for the improvement of working conditions 
 and for the complete reorganization of the Department of Labor, 
 which practically amounted to a new Labor Code for the State 
 of New York. The following bills recommended by the Commis- 
 
e 
 
 Report of Commission 
 
 Report of Commission 
 
 I 
 
 ' { 
 
 I , 
 
 sion in its second report were enacted into law by the Legislature 
 during the session of 1913: 
 
 1. Reorganization of Labor Department; Industrial Board. 
 
 2. Penalties for violation of Labor Law and Industrial Code. 
 
 3. Fire-proof receptacles; gas jets; smoking. 
 
 4. Fire alarm signal system and fire drills. 
 
 6. Fire escapes and exits ; limitation of number of occupants ; 
 construction of future factory buildings. 
 
 6. Amendment to Greater Now York charter with reference to 
 the Fire Prevention Law. 
 
 7. Prohibition of employment of children under fourteen, in 
 cannery sheds or tenement houses ; definition of factory building ; 
 definition of tenement house. 
 
 8. Manufacturing in tenements. 
 
 9. Hours of labor of women in canneries. 
 
 10. Housing conditions in labor camps maintained in connec- 
 tion with a factory. 
 
 11. Physical examination of children employed in factories. 
 
 12. Amendment to Child Labor Law; physical examination 
 before issuance of employment certificate; school record; super- 
 vision over issuance of employment certificate. 
 
 13. Amendment to Compulsory Education Law; school record. 
 
 14. Night work of women in factories. 
 
 15. Seats for women in factories. 
 
 16. Bakeries. 
 
 17. Cleanliness of workrooms. 
 
 18. Cleanliness of factory buildings. 
 
 19. Ventilation; general; special. 
 
 20. Washing facilities; dressing rooms; water closets. 
 
 21. Accident prevention; lighting of factories and workrooms. 
 
 22. Elevators. 
 
 23. Dangerous trades. 
 
 24. Foundries. 
 
 25. Employment of children in dangerous occupations; em- 
 ployment of women in core-rooms. 
 
 The enactment of these laws marked a new era in labor l^s- 
 lation in the State of New York. It placed the State of New 
 York in the lead in legislation for the protection of wage earners. 
 
 For the details of these statutes and the conditions that led to 
 their recommendation by the Commission we refer to the second 
 report of the Commission submitted to the Legislature, February, 
 1913. 
 
 Hearing on Commission's Bills Before Legislative Com- 
 mittees 
 
 A hearing on the bills recommended by the Commission was 
 held before the joint Committees of Labor and Industry of the 
 Senate and Assembly, in the Assembly Chamber, on February 
 19, 1913. At this hearing several hundred representatives of 
 employers, labor unions and social and civic organizations ap- 
 peared. The bills recommended by the Commission were com- 
 mended and approved by practically everyone present for their 
 fairness and effectiveness. The minutes of that hearing are re- 
 ferred to and made part of this report.* 
 
 At this hearing also many representatives of social and civic 
 organizations called attention to the necessity for a comprehensive 
 and complete investigation of wages paid in the different in- 
 dustries of the State, particularly those in which large numbers 
 of women and children were employed. They urged that instead 
 of the creation of a new Commission for that purpose, the present 
 Commission be continued and empowered to conduct this in- 
 vestigation. In response to that demand chapter 137 of the Laws 
 of 1913 was enacted. 
 
 Continuance of Commission in 1913 
 
 This act continued the Commission in office until the 15th 
 day of February, 1914, and authorized it to inquire into the 
 rates of wages paid in the different industries of the State, and 
 to report on the advisability of establishing minimum rates of 
 wages. The Commission was also required to continue the in- 
 
 •See Volume IV of the Oomroisftion's Second report, page 2225. 
 
 f 
 
Report of Commission 
 
 9 
 
 8 
 
 Repobt of Commission 
 
 I 
 
 l^n 
 
 vestigation into conditions in mercantile establishments and, if 
 advisable, to prepare and present to the Legislature a recodifica- 
 tion of the Labor Law. 
 
 Work of Commission in 1913 
 
 In 1913, the following matters were taken up by the Commis- 
 sion: 
 
 1. Wage investigation, — This was conducted under the direc- 
 tion of Howard B. Woolston, PIlD., and Albert H. N. Baron, 
 and a force of investigators and inspectors. The investigation 
 covered wages paid to men, women and children in four principal 
 industries in New York City — paper box, candy manufacturings 
 department stores and mercantile establishments, and shirts. 
 
 2. Fire Hazard in Mercantile Establishments, — This investi- 
 gation covered department stores and other mercantile establish- 
 ments in cities of the first and second class in the State, and was 
 conducted by the Commission with the assistance of Miss Frances 
 Perkins, Secretary of the New York Committee on Safety and 
 a trained force of inspectors. 
 
 3. Recodification of the Labor Law. — Pursuant to the act con- 
 tinuing the Commission in 1913, there was prepared a revision 
 of the Labor Law. This was limited in the main to matters of 
 form and arrangement, the substance of the law not being changed. 
 
 Reports Submitted to the Legislature in 1913 
 
 The following reports were submitted to the Legislature: 
 
 1. Report on Wages and Working Conditions in the Confec- 
 tionery Industry in New York City, by the Director of Inves- 
 tigation. 
 
 2. Report on Wages and Working Conditions in the Paper Box 
 Industry in New York City, by the Director of Investigation. 
 
 3. Report on Wage Legislation, by Irene Osgood Andrews, 
 Assistant Secretary of the American Association for Labor Legis- 
 lation. This report, which was prepared for the Commission, 
 made a detailed analysis of all the laws regulating wages in this 
 and in foreign countries and described the operation and method 
 of procedure under those laws. 
 
 4. Minimum Wage Bibliography, by C. C. Williamson, Chief 
 of the Division of Economics and Sociology of the New York 
 
 Public Library. 
 
 5. Recodification of the Labor Law.— Prepared with the as- 
 sistance of the Legislative Bill Drafting Bureau of Columbia Uni- 
 
 versity. 
 
 6. Report on Fire Hazard in Mercantile Establishments, by 
 Frances Perkins, Executive Secretary of the New York Commit- 
 tee on Safety. . 
 
 7. Report on the Binghamton Fire, by James P. Whiskeman, 
 
 C. E., Advisory Expert to the Commission. 
 
 Status of the Wage Investigation When the Third Report 
 
 Was Submitted 
 With the third report to the Legislature, there were presented 
 the preliminary reports of the Director of Investigation on wages 
 studied in two industries in New York City — the confectionery 
 and paper box industries. 
 
 The huge mass of statistics that had been gathered in depart- 
 ment stores and other mercani;ile establishments and in the shirt 
 industry, were in process of tabulation. The Commission did not 
 deem it wise, in the unfinished state of the work, to discuss in 
 detail the results that had been obtained. It submitted, however, 
 tables and statistics showing rates and earnings of men, women 
 and children, in the candy and paper box industries in New York 
 City, and made the following recommendation (page 42 of the 
 third report) : 
 
 " Facilities should be afforded for completing the tabula- 
 tion of the statistics that have been gathered and for continu- 
 ing the investigation of the industries named in the different 
 cities of the State. There should also be a more extensive 
 study of the various phases of the wage problem, such as : 
 unemployment; industrial education; vocational guidance; 
 efficiency of the workers ; cost of living and family budgets ; 
 relation between low wages and vice, and other kindred sub- 
 jects." 
 
 Pursuant to this recommendation of the Commission, the Leg- 
 islature passed Chapter 110 of the Laws of 1914 which continued 
 
10 
 
 Report of Commission 
 
 REroRT of Commission 
 
 11 
 
 (I 
 
 ii 
 
 the Commission in existence until the 15th day of February, 1915, 
 and authorized it to complete its investigations of the wage prob- 
 lem and submit a report thereon to the Legislature. 
 
 Laws Passed as a Result op the Commission's Thibd Year's 
 
 Work 
 
 The following laws, reconmiended by the Commission in its 
 third report, were passed by the Legislature in 1914 and have 
 become laws: 
 
 1. Sanitation in mercantile establishments. This covered pro- 
 visions for seats for female employees ; cleanliness of rooms ; clean- 
 liness of buildings; size of rooms; ventilation; drinking water; 
 wash rooms and dressing rooms; and water closets. 
 
 2. Hours of labor of women in mercantile establishments 
 limited to fifty-four hours a week in the entire State. 
 
 3. Hours of labor of children between fourteen and sixteen in 
 mercantile establishments reduced from fifty-four to forty-eight 
 hours a week and their employment prohibited for more than 
 eight hours a day or after 6 o'clock in the evening of any day. 
 
 The recodification of the Labor Law, which had been intro- 
 duced in the Legislature on the recommendation of the Commis- 
 sion, was not pressed for passage. Inasmuch as the Commission 
 was to be continued for the purpose of completing its wage investi- 
 gations, it was felt that it would be advisable to have the recodi- 
 fication of the Labor Law also go over for another year, so 
 that manufacturers, real estate owners, labor organizations and 
 others interested might have further opportunity to study the 
 proposed revision and make any suggestions and recommenda- 
 tions on the subject they found necessary or advisable. 
 
 We have outlined very briefly the work of the Commission in 
 1913. For the details of the investigations conducted by it and 
 the reconmiendations made to the Legislature, we refer to the 
 third report of the Conmiission, submitted to the Legislature on 
 February 14, 1914. 
 
 Work of the Commission in 1914 
 The Commission continued with the same organization as in 
 1913 except that Mr. Robert E. Dowling resigned because of 
 
 'i 
 
 pressure of work as chairman of the Workmen's Compensation 
 Commission and Mr. Laurence M. D. McGuire was appointed by 
 Governor Glynn in his place. 
 
 The work of the Commission in 1914 will be considered under 
 four main heads: 
 
 1. Investigation of wages and wage legislation. 
 
 2. Recodification of the Labor Law. 
 
 3. Consolidation of departments making inspections of build- 
 ings in New York City. 
 
 4. Participation in oases involving the constitutionality of 
 laws heretofore recommended by the Commission. 
 
 Advisory Committees 
 
 The following advisory committees were appointed by the Com- 
 mission to assist in its work : 
 
 1. Advisory committee on wages and wage legislation. 
 
 2. Advisory committee on the recodification of the Labor Law. 
 (New York City.) 
 
 3. Advisory committee on the recodification of the Labor Law. 
 (Upstate.) 
 
 (1) Advisory Committee on Wages and Wage Legislation 
 
 The committee which rendered such valuable service last year 
 was continued by the Commission and assisted us materially with 
 their views and suggestions with reference to the conduct of the 
 investigations, the preparation of the various reports, and the 
 conclusions and recommendations of the Commission. The fol- 
 lowing is a list of the members of this committee. 
 
 Walter F. Wilcox, Chairman, Cornell University, Ithaca, N. Y. 
 
 Irving Fisher, Vice-Chairmariy Yale University, New Haven, 
 Conn- 
 John B. Andrews, Secretary, American Association for Labor 
 Legislation. 
 
 Gertrude Beeks, National Civic Federation. 
 
 Eugene S. Benjamin, Retired Merchant, New York City. 
 
 E. W. Bloomingdale, Counsel, New York Retail Dry Goods 
 Association. 
 
12 
 
 Report of Commission 
 
 Report of Commission 
 
 13 
 
 Peter J. Brady, Allied Printing Trades Council. 
 Robert E. Chaddoek, Professor of iStatistics, Columbia Uni- 
 versity. 
 
 Katharine B. Davis, Commissioner of Corrections, New York 
 City. 
 
 Edward T. Devine, Director, School of Philanthropy, New 
 York City. 
 
 Henry W. Farnam, Yale University, New Haven, Conn. 
 John A. Fitch, " The Survey." 
 
 Lee K. Frankel, Vice-President, Metropolitan Life Insurance 
 Co. 
 
 Franklin H. Giddings, Professor of Sociology, Columbia Uni- 
 versity. 
 
 Pauline Goldmark, Member, Industrial Board, Department of 
 Labor. 
 
 Mrs. J. Borden Harriman, member. Federal Industrial Rela- 
 tions Commission. 
 
 Daniel Harris, President, New York State Federation of 
 Labor. 
 
 Leonard W. Hatch, Chief iStatistician, State Department of 
 Labor. 
 
 Sara Straus Hess, New York City. 
 
 Frederick W. Hoffman, Chief Statistician, Prudential Insur- 
 ance Co. 
 
 Jeremiah W. Jenks, Professor of Politics, New York Univer- 
 sity. 
 
 Paul U. Kellogg, Editor of "The Survey." 
 John A. Kingsbury, Director, New York Association for Im- 
 proving Condition of the Poor. 
 
 Samuel McCuue Lindsay, Profeesor of Social Legfislation, 
 Columbia University. 
 
 George W. Loft, Candy Manufacturer, New York City. 
 
 Royal Meeker, Commissioner of Labor Statistics, Washington, 
 D. C. ^ ' 5 > 
 
 Charles P. Neil, former United States Commissioner of 
 Labor. 
 
 Edward D. Page, Merchant and Banker, New York City. 
 
 V 
 
 Frances Perkins, Executive Secretary, Committee on Safety, 
 New York City. 
 
 William C. Rogers, Second Deputy Commissioner, State De- 
 partment of Labor. 
 
 S. G. Roeenbaum, President, National Cloak and Suit Com- 
 pany. 
 
 Henry R. Seager, Professor of Economics, Columbia Univeiv 
 sity. 
 
 Percy S. Straus, President, Retail Dry Goods Association. 
 
 Frank Tucker, Charities Organization Society. 
 
 Lillian D. Wald, Head Worker, Nurses' Settlement. 
 
 William R. Willcox, National Civic Federation. 
 
 John Williamd, Secretary, Industrial Board, Department of 
 Labor. 
 
 Advisory Committees on Recodification of the Labor Law 
 
 The Commission desired to obtain the views and suggestions of 
 all parties in interest from all sections of the iState with reference 
 to the revised recodification of the labor law, Inasmuch as it 
 was stated before the Commission on numerous occasions that 
 conditions in cities up-state differed materially from those in 
 New York City, it was deemed advisable to appoint two com- 
 mittees for this purpose, one made up of representatives of New 
 York City, and the other of representatives of different cities 
 up-'state. With this end in view, the following committees were 
 appointed : 
 
 (2) New York City Advisory Committee 
 
 Robert Adamson, Fire Commissioner. 
 
 Charles B. Alexander, Lawyer, Regent of the University of 
 the State of New York. 
 
 George W. Alger, Lawyer; member New York Child Labor 
 Committee. 
 
 E. W. Bloomingdale, Counsel, New York Retail Dry Goods 
 Association. 
 
 Peter J. Brady, Secretary, Allied Printing Trades Council. 
 
 i\ 
 
14 
 
 Report of Commission 
 
 Report of Commission 
 
 15 
 
 \\ 
 
 
 II 
 
 Julius Henry Cohen, Lawyer; Counsel, Cloak and Suit Manu- 
 facturers Association. 
 
 Richard J. Cullen, Member of Industrial Board, Department 
 of Labor. 
 
 Robert C. Cumming, Lawyer, L^slative Bill Drafting Com- 
 missioner. 
 
 Burt L. Fenner, Architect; Member of firm, McKim, Mead 
 & White. 
 
 H. W. Forster, Engineer, Independence Inspection Bureau, 
 Philadelphia. 
 
 Julius Franke, Architect; member of firm, Maynicke & 
 Franke. 
 
 Pauline Goldmark, member, Industrial Board, Department 
 of Labor. 
 
 William Guerin, Fire Hazard Expert; former Chief of 
 Bureau of Fire Prevention. 
 
 Joseph O. Hammitt, Chief of Bureau of Fire Prevention. 
 
 Daniel Harris, President, New York State Federation of 
 Labor. 
 
 Mrs. Florence Kelley, Secretary, National Consumers' League. 
 Walter Lindner, Solicitor, Title Guarantee and Trust Com- 
 pany. 
 
 Samuel McCune Lindsay, Profeesolr of .Social legislation, 
 Columbia University; President, New York Academy of Politi- 
 cal Science. !\ . .^f 
 
 James M. Lynch, Commissioner of Labor, New York iSttate. " 
 William McCarroll, former Public Service Commissioner; 
 
 Representative of the New York Chamber of Commerce. 
 
 Cryus C. Miller, Chairman, Advisory Council of Real Estate 
 
 Interests; former President of the Borough of Bronx. 
 
 Rudolph P. Miller, Superintendent of Buildings, Borough of 
 Manhattan. 
 
 Charies F. Noyes, Real Estate. 
 
 Thomas I. Parkinson, Lawyer; Director, L^slative Bill 
 Drafting Bureau, Columbia University. 
 
 Frances Perkins, Executive Secretary, Committee on Safety. 
 Frank L. Polk, Corporation Counsel 
 
 Andrew J. Post, Contractor; member of firm, Post & McCord; 
 Representative of Merchants' Association. 
 
 Allan Robinson, President, Allied Real Estate Interests. 
 
 F. J. T. Stewart, Superintendent, Board of Fire Underwriters. 
 
 Alfred J. Talley, Lawyer; Counsel for the New York State 
 Candy Manufacturers' Association. 
 
 F. S. Tomlin, Central Labor Union of Brooklyn. 
 Lawrence Veiller, Secretary, Tenement House Committee; 
 
 former Deputy Tenement House Commissioner. 
 
 L. Victor Weil, Real Estate. 
 
 James P. Whiskeman, Mechanical Engineer. 
 
 John Williams, Secretary, Industrial Board; former Labor 
 Commissioner. 
 
 (3) Up-State Advisory Committee 
 
 Thomas C. Ahearn, State Fire Marshal, Albany, N. Y. 
 
 E. J. Barcalo, Barcalo Manufacturing Co., Buffalo, N. Y., 
 President Associated Industries. 
 
 E. A. Bates, Secretary-Treasurer New York State Federation 
 of Labor, Utica, N. Y. 
 
 Emma B. Beard, President, New York State Consumers' 
 League, Fayetteville, N. Y. 
 
 J. T. Carey, Albany, N. Y. 
 
 C. A. Chase, Syracuse Chilled Plow Co., Syracuse, N. Y. 
 
 John C. Clark, Buffalo, N. Y. 
 
 H. W. Cook, Vice-President, A. E. Nettleton Co., Syracuse, 
 N. Y. 
 
 John J. Corcoran, Troy, N. Y. 
 
 Richard H. Curran, Cor. Rep., Iron Moulders' Union No. 11, 
 Rochester, N. Y. 
 
 G. A. Farrall, Vice-President and General Manager, Johnston 
 Harvester Co., Batavia, N. Y. 
 
 T. Harvey Ferris, Utica, N. Y. 
 
 Thomas D. Fitzgerald, Workmen's Compensation Commission, 
 Albany, N. Y. 
 Dr. Francis E. Fronczak, Health Commissioner, Buffalo, N. Y. 
 Frank W. Gallagher, President U. T. & A. A., Oswego, N. Y, 
 Dr. George W. Goler, Health Officer, Rochester, Ni Y* 
 
16 
 
 Report of Commission 
 
 Report of Commission 
 
 17 
 
 I 
 
 I 
 
 )! 
 
 
 Nathan Hatch, President, Fuld k Hatcli Knitting Co., Albany, 
 N. Y. 
 
 Stuart A. Ha.y-ward, Secretary, Central Labor Council, Buffalo, 
 N. Y. 
 
 J. C. Heckman, Superintendent, Larkin Company, Buffalo, 
 X. Y. 
 
 Edward L. Hengerer, Wm. Hengerer Company, Buffalo, N. Y. 
 R. C. Hudson, J. N. Adam & Co., Buffalo, N. Y. 
 Emanuel Koveleski, Rochester, N. Y. 
 Edward W. Loth, Troy, N. Y. 
 
 James M. Lynch, State Labor Commissioner, Albany, N. Y. 
 Charles K. Mallory, Engineer, The Solvay Process Co., Syra- 
 cuse, N. Y. 
 
 John E. McLoughlin, Mohawk Valley Cap Factory-, Utica, 
 N. Y. 
 
 Adelbert Moot, Lawyer, State Regent, Buffalo, N. Y. 
 
 John J. O'Brien, Carpenters' District Council, Syracuse, N. Y. 
 
 John C. Parker, Rochester Railway and Light Company, 
 Rochester, N. Y. 
 
 Alex. Rosenthal, Utica Trades Assembly, LTtica, N. Y. 
 
 Greorge W. Smith, Lackawanna Steel Company, Buffalo, N. Y. 
 
 Norman G. Sprague, Secretary-Treasurer, Syracuse Typo- 
 graphical Union No. 55, Syracuse, N. Y. 
 
 John S. Strachan, New York State Association, Schenectady, 
 N. Y. 
 
 Henry Streifler, Buffalo, N. Y. 
 
 Neile F. Towner, Albany, N. Y. 
 
 Roland B. Woodward, Rochester Chamber of Commerce, 
 Rochester, N. Y. 
 
 C L. York, General Electric Company, Schenectady, N. Y. 
 
 There were several meetings of the advisory committees in 
 New York City, at which the revised recodification of the Labor 
 Law was taken up section by section and discussed by those 
 present. Suggestions were received in writing from many of the 
 members of the advisory committees who were unable to attend 
 the meetings, and as a result, the recodification of the Labor Law 
 that is presented herewith to the Legislature, reflects the views 
 
 and sentiments of the parties most directly concerned with its 
 
 operation. 
 
 The Commission desires to express its appreciation of the 
 valuable services rendered by the members of all of these ad- 
 visory committees, who willingly gave their time and experience 
 without any compensation, often at a great sacrifice. The service 
 they rendered to the people of the State is one which merits 
 public recognition. 
 
 Wage Investigation 
 
 We have set forth earlier in this report the status of the wage 
 investigation at the time the Commission submitted its third 
 report to the Legislature in February, 1914. Up to that time, 
 the investigation of wages had been confined to New York City 
 and only the statistics for the paper box and confectionery indus- 
 tries had been tabulated. 
 
 When the Commission was continued, Dr. Woolston and Mr. 
 Baron were again retained to direct the investigation. A 
 statistical and clerical force and a staff of investigators were ap- 
 pointed to assist them in this work. The statistics that had been 
 gathered for mercantile establishments and the shirt industry in 
 New York City were tabulated. The investigation of wages in 
 the four principal industries studied — mercantile establish- 
 ments, paper box manufacturing, candy manufacturing and 
 shirts — was extended to cover the entire State. The up-State 
 investigation included among others the following localities : 
 
 Hudson, 
 
 Kingston, 
 
 Lockport, 
 
 Mechanicville, 
 
 Middletown, 
 
 Newark, 
 
 Newburgh, 
 
 Albany, 
 
 Batavia, 
 
 Binghamton, 
 
 Buffalo, 
 
 Cohoes, 
 
 Fulton, 
 
 Glens Falls, 
 
 Niagara a.W^. 
 
 Oswego, 
 
 Rochester, 
 
 Schenectady, 
 
 Syracuse, 
 
 Troy, 
 
 Utica. 
 
 An investigation of wages and living conditions of workers in 
 the button industry in New York City, was conducted for the 
 Commission by Mr. Roswell Skeel, Jr. 
 
 
18 
 
 Report of Commission 
 
 REroET OF Commission 
 
 19 
 
 I 
 
 4i| 
 
 f ■ 
 
 The investigation of wages in the millinery industry made for 
 the Commission under the direction of Miss Mary Van Kleeck 
 of the Committee on Women's Work of the Russell Sage Founda- 
 tion, which was referred to in the last report of the Commission 
 was completed, and the results are presented as a part of this 
 report. 
 
 Methods op Investigation 
 The method employed in the wage investigation was to copy 
 from the payroll, for the current week, the receipts of every person 
 in the establishment, noting rate, time worked, additions and 
 deductions, and earnings. In several thousand cases it was pos- 
 sible to obtain such data for an entire year. The number of em- 
 ployees and the total wages of the week were also taken. 
 
 The second line of inquiry consisted in obtaining from each 
 employee a card giving his or her age, nativity, conjugal con- 
 dition, particular work done, length of time employed and whether 
 or not the worker lived at home. This was followed up in over 
 two thousand cases by personal interviews with the workers, by 
 which it was sought to ascertain in detail the past industrial ex- 
 perience and present working conditions of the worker, as well 
 as his or her schooling and standard of living. 
 
 The last branch of the investigation consisted of an interview 
 with the employers or responsible managers. This dealt with the 
 general conditions and tendency of the trade, such as hours, 
 seasons and changes in working force. Methods of securing and 
 promoting help, wage payments, fines and commissions, pensions, 
 welfare work and general efficiency were discussed. In some 
 cases the firm's books were thrown open to an accountant for the 
 purpose of analyzing relative costs and revenues. 
 
 Extent of General Wage Investigations 
 
 The following table shows the number of employees in the in- 
 dustries studied by the Commission throughout the State for whom 
 individual wage statistics and personal data were obtained by 
 the Commission: 
 
 Number of 
 employees 
 
 Mercantile establishments 69,999 
 
 Shirt factories 13,056 
 
 Paper box factories 11,760 
 
 Confectionery factories 9,767 
 
 Button factories 916 
 
 Millinery shops 3,983 
 
 Total 109,481 
 
 Wherever available the wage statistics for industrial workers for 
 as much as an entire year were obtained, so as to ascertain so far 
 as practicable the actual annual earnings of the workers. 
 
 This does not cover the workers interviewed by Dr. Streightoff 
 and his investigators in connection with the cost of living in- 
 vestigation, which will be referred to hereafter. 
 
 Reports of Wage Investigation * 
 
 I. Mercantile Establishments. 
 
 1. W^ages in retail stores. 
 
 2. Organization of working conditions, by Albert H. N. 
 
 Baron. 
 
 3. Mutual Aid Associations, by The "New York State 
 
 Insurance Department 
 11. The Shirt Industry. 
 
 III. The Paper Box Industry. 
 
 1. Wages in paper box factories. 
 
 2. Accidents in paper box factories, by Marie S. Oren- 
 
 stein, M.A., Factory Inspector of the State Depart- 
 ment of Labor. 
 
 IV. The Confectionery Industry. 
 
 V. Button Factories, by Roswell Skeel, Jr., New York City. 
 VT. The Millinery Trade, by Mary Van Kleeck, Secretary of 
 the Committee on Women's Work, Russell Sage Founda- 
 tion. 
 
 • Except where otherwise indicated the reports were prepared by the 
 Director of Investigation. 
 
20 
 
 Rkport of Commission 
 
 Report of Commission 
 
 21 
 
 I I 
 
 il ! 
 
 
 II 
 
 VII. Miscellaneous Wage Statistics. 
 
 1. Wages of telephone operators, submitted by the New 
 
 York Telephone Company. 
 
 2. Wages in public utilities, submitted by the Public 
 
 Service Commission, Second District. 
 
 The foregoing reports are set forth in Appendix 
 IV, Volume II of this report. 
 VIII. Statistical tables, a series of 365 tables supplementing 
 the wage report and presenting for convenient reference, 
 statistics showing in detail the distribution by locality 
 and division of the principal industries investigated. 
 These tables are set forth in Appendix V, Volume III 
 of this report. 
 
 Relationship Between the Irregularity of Employment 
 
 AND A Living Wage for Women 
 
 The general wage investigation showed great discrepancies be- 
 tween wage rates and actual earnings, as well as large seasonal 
 fluctuations in industry. So that further light might be thrown 
 on this important problem a special study was made for the Com- 
 mission by Irene Osgood Andrews, Assistant Secretary of the 
 American Association for Labor Legislation, whose report is pre* 
 sented herewith in Appendix IV (Volume II). 
 
 Report on Cost of Living in New York State 
 
 The investigation of the cost of living in New York State waB 
 made for the Commission under the direction of Frank H. 
 Streightoff, Ph.D., Professor of Economics in DePauw Univer- 
 sity, and author of ** The Standard of Living of Working People 
 in the United States." A corps of investigators was assigned to 
 assist in this investigation which extended over the entire State. 
 The report of Dr. Streightoff is submitted herewith in Appendix 
 VII (Volume IV of the report). It is an analysis of the budget 
 of workers, the cost of living, and living conditions of men, 
 women and children, employed in industries covered in the gen- 
 eral wage investigation. The facts were ascertained chiefly by 
 personal interviews with the workers. The report covers the cost 
 
 of living of wage earning women, working men and of the average 
 working family. Two special studies on living conditions of the 
 workers were made for the Commission and are presented with 
 
 Dr. Streightoff's report. 
 
 1. How the Working Girl Lives in New York City, by Marie 
 
 S. Orenstein. 
 
 2. Living on Six Dollars a Week, by Esther Packard. 
 
 These reports describe concrete cases, and are the result of per- 
 sonal interviews and investigations. 
 
 Wages and Industrial Training 
 In the course of its investigations statements were repeatedly 
 made to the Commission, for the most part by employers, that in- 
 efficiency and lack of training of workers were mainly responsible 
 for low wages. The Commission therefore undertook an investi- 
 gation with the view of ascertaining the possibilities of vocational 
 training and its relation to wages in the industries covered in the 
 general wage investigation. Through the courtesy of Dr. John 
 H. Finley, President of the University of the State of New York 
 and Commissioner of Education, Mr. L. A. Wilson of the Division 
 of Vocational Training of the State Department of Education, 
 was assigned to direct the investigation. The expense of the in- 
 vestigation was borne by the Conmiission ; it also paid the salaries 
 of the agents appointed to assist in the work. Mr. Wilson's report 
 is submitted in Appendix VI (Volume IV of this report). It 
 consists of the following divisions: 
 
 1. The possibility of vocational training in department stores. 
 
 2. The possibility of vocational training in the paper box in- 
 dustry. 
 
 3. The possibility of vocational training in the confectionery 
 
 industry. 
 
 4. The relationship between wages and industrial education. 
 
 The Australasian Systems of Wage Regulation 
 
 In its endeavor to ascertain the practical workings of wage 
 
 regulation by the State, the Conmiission found it advisable to 
 
 have a special study made of the systems of wage regulation in 
 
 the countries of Australasia, because such regulation had been in 
 
22 
 
 Report of Commission 
 
 Report of Commission 
 
 23 
 
 ^! I 
 
 i: 
 
 r 
 
 operation there for a longer time than anywhere else. Through 
 the courtesy of Dr. Samuel Mc^Cune Lindsay, Professor of Social 
 Legislation of Columbia University, a report on this subject was 
 prepared for the Commission by Mr. Paul Collier, of the School 
 of Political Science of Columbia University. The Commission 
 takes this opportunity to express its appreciation of the service 
 rendered by Mr. Collier, without compensation. His report which 
 is presented in Appendix VIII (Volume IV of the report), and 
 which makes a valuable contribution to the work of the CoiLnis- 
 sion, is an exhaustive study of the different systems of wage 
 regulation in Victoria, New Zealand and other countries of 
 Australasia; the methods and procedure by which the different 
 laws are administered, and the effects on industry and working 
 conditions ascribed to them. 
 
 II. Recodification of the Labor Law 
 The Commission submits herewith in Appendix I, a bill recodi- 
 fying the Labor Law. This bill was prepared after public hear- 
 ings held all over the State and in consultation with the advisory 
 committees before mentioned. The details of this recodification 
 will be taken up later in the report 
 
 IIL Consolidation of Depajrtments Having Jurisdiction 
 Over Buildings in New York City 
 Complaints were made to the Commission that there was a 
 duplication of inspection by different city and State departments 
 having jurisdiction of buildings in New York City. The Com- 
 mission investigated this subject with a view to determining 
 whether the functions of these departments, or some of them, 
 should be consolidated. The Commission prepared a tentative 
 plan and list of questions on the subject, which were widely dis- 
 tributed. Briefs were received from different parties in interest 
 and later the Commission drafted a tentative bill for the creation 
 of a Department of Buildings in New York City which formed the 
 basis of several public hearings. The work of the Commission on 
 this subject and its recommendations will be dealt with at length 
 later in the report 
 
 IV. Participation by Commission in Cases Involving the 
 
 Constitutionality of its Laws 
 
 During the past year the constitutionality of two laws recom- 
 mended by the Commission was challenged and came before the 
 courts for determination. These are the laws prohibiting night 
 work of women in factories and prohibiting the manufacture of 
 infants and children's wearing apparel in a living apartment of a 
 tenement house. 
 
 As stated in our report of last year, we cooperated with the 
 district-attorney of New York county in the preparation of a case 
 to test the constitutionality of the law prohibiting the night work 
 of women in factories (section 93-b of the Labor Law). A case 
 was instituted against Charles Schweinler Press, the owner of a 
 factory, engaged in the business of printing and binding, for 
 having unlawfully employed a woman to work from 10 :24 p. m. 
 until four o'clock on the morning of the following day. The Court 
 of Special Sessions convicted the defendant for a violation of the 
 law but granted a motion in arrest of judgment. An appeal was 
 taken by the People to the Appellate Division, which by a divided 
 court reversed the order in arrest of judgment and sustained the 
 constitutionality of the law. The dissent was based solely on the 
 decision of the Court of Appeals in the case of People v. Williams, 
 189 N. Y. 131, decided in 1907, which declared unconstitutional 
 a somewhat similar statute prohibiting the night work of women in 
 factories. Mr. Justice Ingraham who wrote the prevailing opinion 
 in the case of People v. Schweinler Press in the Appellate Division 
 said, in referring to the investigation of this Commission upon 
 which the law is based : 
 
 " That investigation seems to have been quite thoroughly 
 conducted and resulted in a report to the Legislature which, 
 among other remedial legislation, recommended the enactment 
 of the statute now under consideration. The report of that 
 Commission is startling both in regard to effect on the physical 
 well-being of the night workers and the moral effect upon the 
 women who are employed in factories at night ". 
 
24 
 
 Report of Commission 
 
 P I 
 
 I 
 
 ■ I 
 
 I 
 
 I" ; 
 
 l! 
 
 11 
 
 Mr. Justice Hotchkiss said : 
 
 " The act under consideration was the result of a report to 
 the Legislature by a Factory Investigating Commission, by 
 which the original act was proposed. No one who has read 
 that report can for a moment doubt the propriety of the act 
 having regard for the conditions in this State, disclosed by 
 the report." 
 
 An appeal was taken by the defendant to the Court of Appeals 
 where the case is now pending. The Conmiission obtained leave of 
 the Court to file a brief as amicus curias. Such a brief was pr^ 
 pared and duly filed, and a copy is submitted herewith in Ap- 
 pendix II.* 
 
 The other law recommended by the Commission which came 
 before the courts for determination was the law prohibiting the 
 manufacture of infants and children's wearing apparel in a living 
 apartment in a tenement house. A case was instituted in Brooklyn 
 against a manufacturer, Jacob Balofsky, for violation of this law. 
 He was convicted by the Court of Special Sessions and appealed 
 to the Appellate Division. The Commission applied to the Court 
 for leave to submit a brief as amicus curice, which application was 
 granted. The brief was duly submitted and a copy of it is set 
 forth in Appendix II. The Appellate Division, in a decision 
 rendered February 5, 1915, unanimously affirmed the judgment of 
 conviction and sustained the constitutionality of the law. 
 
 Issuance of Questionaires and Letters of Inquiry 
 
 The Commission from time to time during the past year issued 
 a series of questionaires and letters of inquiry, relating to different 
 phases of the principal subjects under consideration in order 
 that it might receive views and suggestions from as many interests 
 as possible. These questionaires and letters of inquiry were dis- 
 tributed in large numbers all over the State and in many cases 
 sent to different parts of the country. 
 
 •Since this report waa submitted the Court of Appeals has rendered a 
 unanimous decision in favor of the constitutionality of the law prohibiting 
 night work of women in factories. A copy of the court's opinion by Judge 
 Hiscock is set forth at p. 359, infra. 
 
 Report of Commission 
 
 25 
 
 The principal questionaires and letters of inquiry issued by 
 the Commission may be grouped under three heads : 
 
 1. Wages and wage legislation. 
 
 2. Fire hazard in mercantile establishments. 
 
 3. Consolidation of departments making inspections of build- 
 ings in New York city. 
 
 I. Questionaires and Letters of Inquiry on the Wage 
 
 Problem 
 The following letters of inquiry were issued on the subject of 
 wages and wage legislation : 
 
 1. Qmstionaire on the Cost of Living in New York State 
 On May 4, 1914, the Conunission issued a letter of inquiry ad- 
 dressed to several thousand employers, employees, representa- 
 tives of labor organizations, officers of philanthropic organizations, 
 social workers and others, asking for opinions, based on their ex- 
 perience and in the localities in which they resided, on " what 
 amount on the average for a week or year, is required to support 
 in health and working efficiency : 
 
 1. A young woman of 16-18 years living independently. 
 
 2. A yoimg man of 16-18 years living independently. 
 
 3. An adult woman living independently. 
 
 4. An adult man living independently. 
 
 5. A normal family containing one man at work, one woman 
 doing her own housework and three children under fourteen at 
 
 school." 
 
 The Commission also asked that items of expense for lodging, 
 food, clothing, insurance, recreation, savings, etc., be separately 
 specified where possible. A large number of instructive replies 
 were received, which have been incorporated in the report of Dr. 
 Streightoff on the Standard of Living. (Appendix VII, to which 
 reference has already been made.) 
 
 2. Memoranda on the Relationship Between Low Wages and 
 Vice and Immorality Among Worn en 
 
 In every discussion of the wage problem reference has been 
 made to the relationship between vice and low wages. The Com- 
 mission when it was continued in 1914, considered the advisa- 
 
26 
 
 Kepobt of Commission 
 
 Kefobt of Commission 
 
 27 
 
 1 1 
 
 ( 
 
 »t 
 
 
 
 I 
 
 ;,! 
 
 bility of conducting an investigation into that subject We con- 
 sulted experts who had made similar investigations in this and 
 other states and were advised that in the time and with the 
 resources that were at the disposal of the Commission, very little 
 data, in addition to what had already been gathered in similar 
 investigations conducted elsewhere, could be obtained The sub- 
 ject, although most difficult to investigate, is very important and 
 the Commission felt that the Legislature should have the best 
 information available at this time. On May 29, 1914, the Com- 
 niission issued a letter asking for a memorandum on the relation- 
 ship between low wages and the vice problem and immorality 
 among women, what effect a living wage would have on that prob- 
 lem and the advisability of enacting minimum wage legislation. 
 Ihe letter was sent to a group of men and women, well qualified 
 to speak with authority because of their deep interest and knowl- 
 edge, obtained through many years of experience and study in 
 these matters. The following submitted statements : 
 
 Dr. Katharine B. Davis, Commissioner of Corrections of New 
 Jork'City, formerly Superintendent of the Bedford Reformatory 
 for Women, New York. ^ 
 
 n.^^fAl ^^ f"'''"°«'' Superintendent Girls' Department of the 
 Glen Mills Schools, Sleighton Farms, Darling; Pa. 
 
 Bo^rd ^^"^^^"^ ^'^'^^'' Assistant Secretar,r, General Education 
 
 George J. Kneeland, Director, Department of Investigation, 
 American Social Hygiene Association, Director of Vice Inves- 
 
 ligations. 
 
 Maude E. ifiner, Secretary, New York Probation and Protec- 
 tive Association. 
 
 James Bronson Reynolds, Counsel, American Social Hvgiene 
 Association. • ^ 
 
 Mary K. Simkhovitch, Director, Greenwich Home New York 
 City. 
 
 Frederick K. Whitin, General Secretary, the Committee of 
 Fourteen, Xew York City. 
 
 ^ The letter of inquiry and the memoranda received are set forth 
 m Appendix III. 
 
 3. QuesHonaire on ihe Wage Problem 
 
 On July 1, 1914, the Commission sent out a questionaire on the 
 wage problem. Among the important questions submitted for 
 consideration were the following: 
 
 1. What factors determine the rates of wages which any one 
 individual worker or different groups of workers receive ? 
 
 2. Do wages as determined by these factors tend generally to 
 equal what is desirable and practicable from the point of view of 
 society as a whole? 
 
 a. If number 2 is true in general, are there any particular 
 industries or groups of workers that for special reasons are an 
 exception to it? 
 
 4. If present wages in general or for any particular groups of 
 workers are inadequate, how can they be raised ? 
 
 6. If govenmental action is desirable, is the best form the 
 establishment of a minimum wage (the amount to be determined 
 for different industries, after investigation by some administra- 
 tive body) ? If not, what other governmental action is available 
 and how can it be secured ? 
 
 6. If the establishment of a minimum wage is desirable should 
 its application be limited to women and minors? Why? 
 
 7. If a minimum wage were established by governmental 
 action, what administrative agency should fix the minimum ? 
 
 8. What would be the effects of a minimum wage ? 
 
 This questionaire was sent to several thousand people through- 
 out the country, including experts, representatives of labor, pro- 
 fessional men, members of economic and statistical organizations 
 and others. The questionaire and the replies received are set 
 forth in Appendix III. 
 
 4. Wage Symposium 
 
 The questionaire on the wage problem above referred to, was 
 supplemented by a letter by the Commission on September 29, 
 1914, asking for a statement of views on the subject of minimum 
 wage legislation, to what extent it should be enacted, the diffi- 
 culties of administration and how they might be overcome. 
 
28 
 
 Kepobt of Commission 
 
 Report of Commission 
 
 29 
 
 ; 
 
 I i 
 
 W 
 
 This letter was sent to groups of men and women representinij 
 various interests and different points of view - economists, social 
 workers, lawyers, representatives of labor, and employers and 
 their representatives. The memoranda received in response to 
 this inquiry have been arranged in the form of a symposium, set 
 forth in Appendix III. 
 
 Attention is called to the section containing the views of econ<> 
 mists which presents for the first time in collective form the 
 views of leading economists of the country on the subject of wa«, 
 legislation That we have been able to obtain these statemento 
 IS due in large part to the cooperation of a subcommittee of the 
 Advisory Committee on Wage Legislation, consisting of Profeesors 
 J-isher, Jenks, Lindsay, Seager and Wilcox, who joined in our 
 request to the economists for an expression of their views. 
 
 In October, 1914, the Commission issued a letter, addressed to 
 a group of experts, on the subject of induatrial education, asking 
 for a statement of their views on the relationship between wage«, 
 efficiency and industrial and vocational training. The repHw 
 received are presented in Appendix III. 
 
 IL List of Questions on the Fiee Hazahd in Mercantile 
 
 Establishments 
 The Commission issued a list of questions dealing with the 
 problem of the fire hazard in mercantile establishments, a copy of 
 which IS set forth in Appendix III. 
 
 III. QUESTIONAIRE ON THE CONSOLIDATION OF DEPARTMENTS 
 
 Making Inspection op Buildings in New York City 
 The Commission issued a list of questions with reference to 
 the inspection of buildings by different departments in New York 
 City and a tentative plan for the consolidation of their functions. 
 A list of such questions, and the tentative plan are set forth in 
 Appendix III. 
 
 Public Hearings and Executive Sessions 
 The commission held the following public hearings during the 
 past year: 
 1914 
 
 April 2S. New York City Fire Hazard in Mercantile Estab- 
 
 lifthments. 
 
 May 18. New York City Duplication of Inspections of Build- 
 ings. 
 
 June 22. New York City Recodification of the Labor Law. 
 
 June 23. New York City Recodification of the Labor Law. 
 
 June 24. New York City Fire Hazard in Mercantile Establish- 
 ments and Recodification of the 
 Labor Law. 
 
 June 26. New York Oity Recodification of the Labor Law. 
 
 June 26. New York City Recodification of the Labor Law. 
 
 June 29. New York City Hours of Labor of Railroad and Rail- 
 way Employees. 
 
 July 6. Buffalo Recodification of the Labor Law. 
 
 July 7. Buffalo Fire Hazard in Mercantile Establish- 
 ments. 
 
 July 8. Rochester Recodification of the Labor Law. 
 
 July 9. Syracuse Recodification of the Labor Law. 
 
 July 10. Utica Recodification of the Labor Law. 
 
 July 11. Albany Recodification of the Labor Law. 
 
 Nov. 23. New York City Consolidation of Departments Having 
 
 Jurisdiction over Buildings. 
 
 Nov. 24. New York City Consolidation of Departments Having 
 
 Jurisdiction over Buildings. 
 
 Dec. 1. New York City Wages and Wage Legislation. 
 
 Dec. 2. New York City Wages and Wage Legislation. 
 
 Dec. 11. New York City Amendments to the Public Works 
 
 Article of the Labor Law. 
 
 1915. 
 
 Jan. 7. New York City Wages and Wage Legislation. 
 
 Jan. 8. New York City Wages and Wage Legislation. 
 
 Jan. 9. New York City Wages and Wage Legislation. 
 
 Jan. 22. New York City Wages and Wage Legislation. 
 
 In addition to these public hearings, the Commission held a 
 number of conferences on the subject of the consolidation of 
 departments having jurisdiction over buildings in New York 
 City and a number of meetings were had with members of the 
 advisory committees on the subject of wages and on the recodifi- 
 cation of the labor law. Numerous executive sessions of the 
 Commission were held from time to time to determine the plan 
 of investigation, receive reports of investigators, and agree upon 
 recommendations. 
 
 « — «. 
 
so 
 
 Report of Commission 
 
 
 
 tf' ■ 
 
 The minutes of the testimony taken by the Commission, (num- 
 bering 3,118 pages) are presented with and made a part of this 
 report 
 
 Appreciation of Assistance 
 The Commission desires to express its sincere appreciation of 
 the valuable assistance and cooperation rendered in its work at 
 all times by large numbers of men and women, including em- 
 ployers, manufacturers, employees, city and State officials, officers 
 of civic and philanthropic organizations and others. We have 
 received so much valuable assistance from all sources that it is 
 impossible for us to make personal acknowledgment of the serv- 
 ices rendered. We desire in particular to express our apprecia- 
 tion of the services rendered by the different advisory committees 
 appointed to assist the Commission in its work, and to those who 
 took the time and trouble to submit statements and memoranda to 
 the Commission which constitute an important part of the Com- 
 mission's report. 
 
 CONTENTS OF THE REPORT 
 
 1. WAGES AND WAGE LEGISLATION 
 
 2. BECODIFICATION OF THE LABOR LAW 
 
 3. CONSOLIDATION OF DEPARTMENTS HAVING JURISDICTION 
 OVER BUILDINGS IN NEW YORK CITY 
 
 [31] 
 
1 
 
 I. WAGES AND WAGE LEGISLATION 
 
 The Conunission would call attention to certain aspects and 
 findings of the investigation, while desirous of avoiding repeti- 
 tion. It has been neither a formal study of wage figures, nor a 
 prying and searching for unusual and sensational material. So 
 far as was practicable all the principal questions connected with 
 the subject of wages were covered. The data regarding wages 
 were in every instance obtained from employer's records, and 
 were amply corroborated by interviews with workers. The per- 
 sonal information relates not only to the nationality, sex and age 
 of employees, but includes occupation, experience and other fac- 
 tors related to the question of wages. Employers were invited to 
 examine the data obtained in their establishments and freely to 
 offer such criticisms, suggestions or explanations as they deemed 
 fit More than 2,000 interviews were held with employees in 
 order to obtain detailed accoimts of their industrial and personal 
 history, their earnings, expenditures and manner of living. These 
 data have been gathered throughout the State from employees 
 in the c<mf eetionery, paper box, men's shirts, millinery and button 
 industries, and mercantile establishments. 
 
 While the inquiry has not been limited to women and minors, 
 they predominate in the trades investigated, and the Commission in 
 presenting this summary of its report, confines itself wholly to the 
 question of the wages paid women and minors. Many men are 
 receiving low wages and the investigation shows that many men 
 cannot properly support themselves nor support a family on what 
 they receive. But in America, where the constitutionality of 
 wage legislation is still undecided, even when it affects only 
 women, and where legislation for the protection of men has been 
 generally declared unconstitutional and has thus far received little 
 public support, it has been deemed wiser to deal with this prob- 
 lem solely as it relates to women and minors. It is also clear that 
 the number of women who receive a low wage exceeds greatly the 
 
 [33] 
 Vol. 1 — 2 
 
34: Repokt of Commission 
 
 number of men, and the need of remedial action in their behalf 
 is immensely more urgent. In England and Australasia men as 
 well as women are included in wage legislation, but there is strong 
 public prejudice against any such inclusion in this countr}'. 
 The number of persons and firms investigated are: 
 
 Eatabliah- Number of 
 meats employees 
 
 Mercantile establishments 143 69,999 
 
 Shirt factories 112 13,056 
 
 Paper box factories 238 11,760 
 
 Confectionery 84 9,767 
 
 Millinery 57 3^933 
 
 Buttons 59 91(5 
 
 Report of Commission 
 
 35 
 
 693 109,481 
 
 Wages 
 
 One-half of all the wage earners including men and women, 
 in the four principal industries investigated (confectionery, paper 
 box and shirt manufacturing and mercantile establishments), 
 receive less than $8.00 a week. Out of a total of 104,000 persons, 
 one-eighth receive less than $5.00, one-third less than $7.00, two- 
 thirds less than $10.00, and only one-sixth are paid $15.00 or 
 more. 
 
 In speaking of wages, one important distinction should be 
 made between the wage rate, which is the amoimt a person may 
 expect to earn when steadily at work, or after completing an 
 allotted task within a certain period of time, and the adiial 
 earnings, which are frequently less than the rates quoted because 
 of part time or irregular work, and fines for lateness, breakage, 
 mistakes, and payment for machine, needle and thread, — such 
 as, for instance, is still the custom in some establishments in the 
 shirt industry. 
 
 One-half of all the employees, including men and women, in 
 the mercantile establishments investigated, are rated at less than 
 $9.00 a week. A large majority, about 40,000, of these low paid 
 employees are women and girls. Of these, more than 20,000 
 
 (fifty-four per cent.) are rated at less than $7.50 per week, and 
 more than 10,000 (twenty-five per cent.) at less than $6.00. In 
 the shirt manufacturing establishments, where about 3,000 girls 
 and women are employed by the week, more than half (1,561, or 
 fifty-three per cent) are rated at less than $5.00. Similarly, out 
 of 4,000 women and girls employed in the paper box factories, 
 more than 2,000 (fifty-three per cent.) are rated at less than $6.50 
 a week, and 1,200 (thirty per cent.) at less than $5.50. In the 
 confectionery establishments out of 4,600 female workers more 
 than 2,300 (fifty-two per cent.) are employed at less than $6.00, 
 and almost 1,000 (twenty-one per cent.) at less than $5.00 for a 
 full week's work. 
 
 Piece Bates. — It is customary in all these trades to pay some 
 workers by the piece instead of by the week. This means that 
 in the busy season there is a greater opportunity of making more 
 money, but it is usual, especially in the unorganized trades, to 
 drive the workers to excessive speed. For instance, in the investi- 
 gation of the confectionery industry, it is found that a hand dipper 
 must coat about 15 pounds, say 720 pieces of cream candy with 
 chocolate per hour, or one piece every five seconds, to earn 15 
 cents. A girl to earn $6 a week in the paper box industry must 
 paste paper strips on the sides of 6,000 boxes, or one every half 
 minute. To earn $6.50 a week a shirt operator must join the 
 backs and fronts of 5,208 shirts. 
 
 Rates and Earnings. — If the season is slack in any one of these 
 trades, a girl does not make as much money. In any adequate 
 consideration of wages, therefore, the actual weekly earnings must 
 be taken into account both for time workers and for piece workers, 
 and it is recognized that these earnings form a better criterion of 
 remuneration than the statement of rates of wages by themselves. 
 
 Women's Earnings. — Taking account, then, of the money 
 actually received as wages by the women and girls employed in 
 these industries, it is found that in the stores the earnings of 
 20,000 females (54 per cent, of all employed) are less than $7.50 
 per week; 10,000 (25 per cent.) receive less than $5.50 during an 
 ordinary week. These earnings include, where ascertainable, all 
 commissions paid to salespeople. In the shirt industry, which 
 is largely on a piece work basis, of about 9,000 employed more 
 
r 
 
 Report of Commission 
 
 than 4,800 (54 per cent.) received less than $7.00 at the end of a 
 week, and more than 2,500 (26 per cent.) received less than $5.00. 
 In the manufacture of paper boxes the proportions are about the 
 same — of some 7,500 females employed more than one-half 
 (4,000 or 55 per cent) receive less than $7.00, and almost one- 
 fourth (1,600 or 22 per cent.) less than $5.00. In the confec- 
 tionery industry, employing about 5,500 almost 3,000 (55 per 
 cent) receive less than $6.00, and more than 1,100 (21 per cent) 
 less than $5.00. 
 
 Age, Expehience and Personal Condition 
 
 Wage and Experience, — These low wages are by no means paid 
 only to apprentices, either in factories or stores, but to large num- 
 bers of women who have been continuously in industry for years, 
 many of whom have been working for the same employer a long 
 time and whose very presence in the factorv or shop for so long 
 a period presupposes efficiency. 
 
 Half of those who have five years experience in stores are 
 receiving less than $8.00 a week, and only half of those with ten 
 years experience receive $10.00 or more. In the large department 
 stores, 53 per cent, of the women get less than $8.00 a week ; in 
 the smaller neighborhood stores, 68 per cent get less than $8.00, 
 and in the 5 and 10 cent stores, 99 per cent get less than $8.00 
 a week. 
 
 Age and Wage. — Sixty per cent, of the women in mercantile 
 establishments are over twenty-one years old. The same is true 
 in the shirt and paper box industries, though in the candy trade 
 54 per cent, are between 16 and 21. The majority of the women 
 in the trades studied reach the $8.00 level only after 30 years 
 of age. 
 
 Home Relations. — The explanation, and frequently the excuse, 
 for the prevalence of low wages paid to women, is the assumption 
 that they do not need to be self-supporting, but are living at homa 
 The value of a worker should not be judged by the fact 
 that she may be supported by another member of her family. She 
 is a unit in the industrv in which she works, and for her labor 
 the industry should pay her at least a wage adequate for self- 
 support. 
 
 Report of Commission 
 
 37 
 
 Our investigation shows that two-thirds to tiiree-fourth» of all 
 women and girls employed are unmarried, but it shows clearly 
 that they do not work for pin money. Women workers are in 
 industry because they must be there either to support themselves, 
 to eke out the earnings of other members of the family or because 
 through accident or chance, the entire burden of supporting the 
 family has fallen upon them. Women who are widowed, divorced 
 or deserted, women solely dependent upon themselves, girls whose 
 fathers have died or are ill, are among this great army of woiiers 
 in no small numbers. 
 
 In a special study of 1,300 individual women, it was found that 
 65 per cent live with their families, 75 per cent of whom turned 
 all their wages into the family budget, and more than 20 per cent 
 paid board; 15 per cent, live entirely alone, or with strangers or 
 friends. 
 
 Cost of Living 
 
 A typical weekly budget of a girl working in a trade for $6.00 
 a week is as follows: 
 
 Half of the furnished room $1 50 
 
 Breakfast and dinner 2 10 
 
 Lunch 70 
 
 Carfare 60 
 
 Clothes at $52 a year 1 00 
 
 Total $5 90 
 
 This leaves a balance of 10 cents. In this account there is no 
 allowance possible for doctor or dentist, amusements, newspapers 
 or extra carfare. After saving the balance for one year, this 
 girl would have $5.20 if she worked steadily and had no expendi- 
 tures other than those given in the schedule. But the trade in 
 which she works is seasonal so she will not work the fuH 62 weeks. 
 Her annual income may therefore be reduced one-fifth or more 
 from even the low level given above. 
 
 Dr. Streightoff in his report states tJiat the cost of living in- 
 cludes: "food, clothing, shelter, intellectual development, recrea- 
 tion and a provision for the future." He holds this to be a concept 
 
38 
 
 Retort of Commis 
 
 sios 
 
 Eepobt of Commission 
 
 39 
 
 of a decent livelihood which is defensible at every point. In 
 considering the question of adequate self-support the standard of 
 hvmg set by such an organization as the Young Women's Christian 
 Association dealing largely with working women, may be ac- 
 cepted. This organization has a list of available rooms and board- 
 ing pW, which have been investigated, and which it considers 
 suitab e for working women. On inquiry, it is found that there 
 are only a few rooms in New York City at $2.50 a week ; that com- 
 fortable rooms can be secured usually only at $4.00 a week and 
 that occasionally board and lodging may be had for $7.00, but 
 that the usual price is $9.00. 
 
 It is quite apparent that this standard is altogether too high 
 for the great mass of working women investigated, over 50 per 
 cent of whom receive less than $8.00 a week. Dr. Streightoff 
 after careful computation and study of reports of students of 
 the subject, concludes that the very lowest sum upon which a 
 working woman can decently maintain herself in that « city of 
 the State where the rents and food prices seem about the lowest, 
 m Buffalo, is $8.20 per week the year round, and in New York 
 €ity, $9.00." Even at this figure it will be seen that the great 
 army of working women can not adequately support themselves. 
 
 IRBEOUI.ARITT OF EMPLOYMENT AND LaCK OF STANDARDIZATION 
 
 IN Trades 
 The trades that have been investigated are all seasonal, that is 
 for a certain period of time there is slack work or no work, which 
 means that a great group of workers do not earn as much as the 
 weekly rate quoted, and during some periods, varying from one 
 to ten weeks, earn nothing at all. Twenty-five per cent of the 
 workers in the confectionery trade are discharged immediately 
 after Christmas, and in the shirt industry there is a fluctuation 
 of 33 per cent Eighteen large department stores in New York 
 City employed in their busy season before Christmas, about 56,000 
 people, and in their slack season, during the summer, about 35,000 
 — a difference of about 21,000 people. The usual number em- 
 ployed IS about 42,000. But this seasonal fluctuation by no means 
 represents the extent of shifting from one establishment to another 
 In the confectionery and paper box industries three times as many 
 
 people as the firms ordinarily employ at one time, entered and 
 left the industries. Out of 3,983 workers employed in the mil- 
 linery shops, only 17 per cent, appeared on the payroll of any one 
 shop 40 weeks or longer in the year studied, while 52 per cent, 
 worked but 8 weeks in the same shop. 
 
 The workers that are dismissed most quickly are the low paid 
 workers who can least bear being out of work. Their wages are 
 too low to admit of saving during the time of employment, and 
 thus they are destitute of any means of self-support. For in- 
 stance, Tina, an operator in a clothing manufacturing establish- 
 ment received $7.00 to $8.00 a week when she was working full 
 time and overtime. During slack season her earnings dropped to 
 nothing, or to as little as $3.00 and $3.50 a week. Her total in- 
 come for the year was $262.00. 
 
 In the department stores the shifting of employees is extremely 
 great. A striking illustration is found in the records of one of 
 the large New York City department stores which hired over 
 12,000 employees in one year in order to maintain a permanent 
 force of a little over 3,000. 
 
 Number of Employees in Seven Largest Department Stores 
 
 
 
 
 Number dropped or 
 
 
 Average number 
 
 Number added during 
 
 leaving during 
 
 ^M employed 
 
 the year 
 
 the year 
 
 
 5,000 
 
 5,500 
 
 
 
 4,296 
 
 5,979 
 
 5,950 
 
 
 4,272 
 
 6,809 
 
 6,712 
 
 
 3,750 
 
 12,159 
 
 10,382 
 
 
 3,500 
 
 8,155 
 
 8,750 
 
 
 3,497 
 
 875 
 
 940 
 
 
 2,313 
 
 2,967 
 
 2,539 
 
 In going over the reports it is apparent that these industries 
 are in a chaotic condition as relates to standards of wages and 
 regularity of employment Both wages and irregularity of em- 
 ployment testify to this. There appears to be no wage standard 
 throughout these trades. In one factory paper cutters were 
 receiving from $10 to $15, while in another factory they received 
 for the same kind of work $15 to $20. The laborers in one candy 
 
40 
 
 Repobt of Commission 
 
 iactory received $8 or over, and in «iother they received le«, 
 and nevermore. In New York City the «te for . certain line of 
 
 ZV 1- 7^'IZ'' '""^ ' *" ' ''^^ « ^o^- I» "''Other 
 city for a shghtly better grade of work 5 to 10 cents a dozen. 
 
 borne of the manufacturers were amazed at the low price paid for 
 
 th« labor and would not believe it until confronted by the facts. 
 
 Pru^ Labor and Home Work.- Wages in the ebirt indnstr^ 
 
 are further depressed by competition with institution made shirta 
 
 Sf. "!,t '". *! ?^ """^'' '"«*>y ^ P"«»« « Rhode 
 Wand and Maryland, but also from the Weet. The «rtent of this 
 
 competition is not exactly known, but the output from onlv two 
 institutions m 1913 was 196,000 do^ shirts. In other lines o^ 
 work there « more or lees competition with home work, which the 
 Commission in an earlier report recommended be prohibited en- 
 tirely by gradual steps. 
 
 VOCATIOHAL AND TraDE TrAIKINO 
 
 The Commission inquired into the question of vocational and 
 trade training in relation to these low paying industries. In the 
 paper box industry an extensive study was made by Professor 
 Robert J. Leonard, of Indiana University. This industnr 
 has followed the usual line of development. There is a great sub- 
 division of labor, a worker does but one thing over and over again 
 throughout the entire day. A short course in vocational traiSng 
 was recommended in certain departments where men woiied, but 
 in the case of girls and women, who constituted 82 per cent of 
 the workers, the conclusion was reached, " that no scheme of 
 vocational ti^.ning would increase the wage earning at aU for the 
 great bulk of workers." In this he was upheld by moet of the 
 employers. 
 
 It might be possible to increase the wage earning capacity of 
 ndividual girls simply by giving them an opportunfty to tr/o^ 
 their qualification in the different branches of the irade,-ibu 
 even so simple a matter as this has been tried only by a few man- 
 J^rs. Purely by chance does the giri find herself in her worit. 
 This IS '"nstrative of other trades where there is a great sul^ 
 
 their search for work they chance upon a sign or advertisement 
 
 Report of Commission 
 
 41 
 
 that they are wanted, — hut such work is more likely to lead to no 
 opportunity for development than to any good position. At last 
 it is being recognized that a large majority of workers enter the 
 so-called enervating trades which require no judgment nor knowl- 
 eigjB, no initiative and no planning, but solely the habit of auto- 
 matic repetition, which is destructive of self-expression. The 
 demand on the part of the public for vocational training is not 
 only a challenge to the schools to give it, but more especially to the 
 industries. As Dr. John H. Finley, State Commissioner of Edu- 
 cation, wrote in a statement to the Commission, " It is a challenge 
 to each industry as to what it has to offer the boy or girl whom it 
 invites into its factory doors. A challenge to show a clean bill of 
 health with respect to all such factors as opportunity for advance- 
 ment, educational content, wages, hours, and hygienic conditions." 
 The State must recognize its obligations to co-operate with in- 
 dustry for the advanc«nent of its citizens, and industry must 
 recognize its obligation to the State. If industry has been so 
 developed that it makes for intellectual deterioraticMi in its work- 
 ers, the State in some manner must counteraxit and correct that 
 evil. Herman Schneider, dean of the College of Engineering of 
 the University of Cincinnati, in his report to tiie Committee on 
 School Inquiry of the Board of Estimate and Apportionment of 
 the City of New York, states that " It is safe to say that the 
 morale of a community depends upon the kind of work it does. 
 A rural community of about twelve thousand people, having 
 clean political conditions, a high moral tone, few jarring 
 families, well kept gardens, and a good average of intelligence, i» 
 a desirable place from the manufacturer's viewpoint, in which' 
 to locate a factory. If a manufacturer locates in such a place 
 and employs three thousand of the men, women and children in 
 purely automaJtic, noisy, high-speed work, the town will change 
 very materially in one generation." 
 
 Expression of Public Opinion 
 
 Six public hearings were held upon this subject. The first, 
 at which the results of the investigation were given, was followed 
 a week later by others at which people who were interested in this 
 
42 
 
 Report of Commission 
 
 Report of Commission 
 
 43 
 
 »^ 
 
 question could express themselves publicly. Both at the hear- 
 ings and in answer to the questionaire the Commission sent out 
 reasons were presented both for and against state interference 
 with wages of women and unions. 
 
 The Commission desires to summarize the objections interposed 
 to wage legislation as follows : 
 
 1. That wages are regulated by the " law of supply and de- 
 mand." 
 
 2. That a minimum wage law would put an unfair burden on 
 the industries in the State because of the absence of similar laws 
 m competing states, and that the effect would be to drive indus- 
 tries from the State. 
 
 3. It would throw out of employment many workers, especially 
 the inefficient who are partially self-supporting, thereby placing 
 a greater burden upon the families. 
 
 4. It would increase the cost of production and consequently 
 increase the price to the consumer and be of no benefit to the 
 worker who would lose as consumer what she gained as worker. 
 
 5. I he minimum wage would become the maximum, 
 
 6. It should be left to the workers to increase their wages. 
 
 . 7. It would compromise the functions and power of trade 
 muons. 
 
 8. It would shorten the seasons. 
 
 9. If the law made the establishment of minimum wages com- 
 pulsory it would be a limitation upon the liberty of employers to 
 contract to employ a person and the employee to contract t J work 
 and that if the State can establish a minimum rate it can also 
 establish a maximum rate and force the workers to work for that, 
 
 10. The State should not interfere in any form with the rights 
 of employers to pay what wages they wished. 
 
 11. It would be a disadvantage to and jeopardize the struggle 
 for the enfranchisement of women. 
 
 12 Wages could be increased through industrial training, which 
 would make the workers more efficient. 
 
 The arguments in support of wage legislation may be sum- 
 marized as follows: 
 
 1. " There is no such inexorable rule as the ' law of supplv and 
 demand.' It is an economic tendency, but there are conditions 
 
 under which the ' law of supply and demand ' does not work. We 
 here in New York are particularly familiar with and have been 
 made familiar during this war with the fact that conditions arise 
 where the ^ law of supply and demand ' fails so absolutely to work 
 that we have had to close for three or four months the stock ex- 
 change. Other exchanges throughout the world have had to be 
 closed simply because we come to a point where for one reason or 
 another the ^ law of supply and demand ' does not work. The only 
 reason whv the trade union had to come into existence was because 
 the ^ law of supply and demand ' did not properly work between the 
 opposing forces of the more powerful employer and the indi- 
 vidual worker." It must be remembered that there is ever in our 
 midst as a result of economic conditions, an army of unem- 
 ployed. This tends to keep the wages of the so-called unskilled 
 workers at the lowest possible level, and thus, by leaving the wage 
 question to the " law of supply and demand " we permit of a 
 most perfect system of exploitation. 
 
 2. In any given industry which would come under a minimum 
 wage law, all employees within the State would be equally af- 
 fected, so that competition would not be disturbed. The industry 
 would not bear a greater burden than it does now, when through 
 trade union organization wages in one industry in one State are 
 increased and not in another. There is not even today a uniform- 
 ity of conditions in competing industries in different states, nor in 
 the same state, as wages alone are not the deciding factor. The 
 threat of moving out of the state is a century-old argument and 
 has been used every time any factory law was advocated, whether 
 it was prohibiting the hours of labor for women, of child labor, 
 or less important ones. As long as the public welfare, health, 
 safety and morale require any restriction, the State accepts re- 
 striction. The employee must be protected not only in his own 
 interest but in the interest of society. 
 
 3. That a minimum wage would throw out of employment a 
 large group of workers has not been the experience in those 
 countries where it has been tried, and if wage boards increase 
 the wages of the low paid workers gradually, no such disaster 
 would follow. It is based on the alleged fact, a fact not estab- 
 lished through any investigation of the subject, that the worth of 
 
<w 
 
 Report of Commission 
 
 an employee's service is exactl j known ; that the girl who receives 
 $3.50, $4.50 or $6.00 is exactly worth that sum to the employer. 
 The subdivision of labor makes it very difficult for the employer 
 to compute the exact value of the work done by each girl, but 
 however unskilled her work may be, she is a necessary part in the 
 process of completing the article and therefore of importance. 
 We would not say that the spark plug of an automobile is as 
 valuable as the automobile itself, yet without the spark plug the 
 automobile is useless as a vehicle. However, it is desirable to 
 eliminate the incompetent and defective workers from competition 
 with competent one*. They now freely compete with the compe- 
 tents, thus driving down wages. This group is by no means as 
 great as is sometimes assumed, for even now, at any wage, the 
 employer selects the most capable persons obtainable,' 
 
 4. At the hearings before the Commission it was stated that 
 after the initial period of introduction the cost of production 
 would be reduced rather than increased because the worker will 
 be more con^tent, being in better physical condition as the nor- 
 mal result of better food. A striking instance of increased effir 
 ciency was given by Mr. N. I. Stone from the investigation of the 
 tariff board. As a result of an eight months' strike in the largest 
 paper mills in the country, an eight hour shift was established in 
 place of a twelve hour shift, resulting in a practical increase in 
 wages of thirty-three and one-third per cent Within the year 
 it was found that the cost of production had decreased ten per 
 cent, with no other changes except the change from twelve to 
 eight hours. The cheap worker is disregarded, the wage paid him 
 is so little he is not worth considering. Our investigations show 
 that it is the cheap worker who is first dismissed. It was difficult 
 to obtain information regarding the cost of production, but in the 
 making of men's work shirts, which retail at fifty cents it wa« 
 found that it cost the manufacturers $2.35 per dozen ; he sells 
 them to the jobber at $3.00 or $3.50 a dozen. The matt^rial in 
 the shirt costs about twenty cents, the labor for cutting, aewing 
 and tacking costs a Kttle less than five cents. That is, the labor 
 cost is only 20 per cent, of all expenses. Therefore an increase 
 of 10 per cent, in the pay roll would amount to only 2 per cent 
 
 Report of Co^rMweiON 
 
 45 
 
 in the cost This will indicate that an increase in the labor 
 cost, if it did affect production, still would not necessarily com- 
 pare to any increase in the price to the consumer. 
 
 Aside from this, the conditions which exist today in the so- 
 called sweated industries are such that if they are continued, 
 there will be an ever increasing number of dependent classes for 
 which increased appropriations must be made by the State, the 
 ultimate cost of which would fall upon the consumer in the form 
 of taxes. ** Our dangers with the dependent classes which we 
 are producing, by just such conditions as the Minimum Wage 
 Law is endeavoring to remedy, will became so great that society 
 cannot bear it We cannot by any process of public or private 
 charity carry the load we are creating imder our industrial con- 
 ditions. We will pay the price at compound interest, not only 
 compound interest, but with compound interest at usurers' rates." 
 But if the welfare of the State required it, might it not be best 
 for the consumer to pay in a small increase of cost instead of an 
 increase of taxation to repair human waste? 
 
 6. There is no reason to fear that the minimum wage will be- 
 come the maximum. It has not proven to be so in thoae indus- 
 tries where it has been tried. In Australia, for instance, women 
 making a certain grade of clothing have a minimum wage of $9, 
 but the average wage is $10.50. There is not as much reason 
 why a minimum fixed by law should become a maximum as if it 
 is fixed by the trade union, and yet in the garment industry in 
 New York City, the minimimi fixed by the protocol is by no. 
 means the maximum, which in some instances is 50 per cent, 
 more. Individual differences would still be recognized, and as 
 long as individual differences exist and no limitations are placed 
 on production, there is no reason to fear the minimum becoming 
 the maximum. 
 
 6. There is no question but that it would be altogether more 
 desirable for the workers through collective action with their 
 employers, to establish higher rates of wages than they are 
 getting, but it is clearly shown that there are liiousands of 
 workers who have failed to compel an increase in wages. They 
 have eitber been too heavily handicapped, too ignorant, or the 
 difficulties have been too unsurmountable to permit of collective 
 
46 
 
 Report of Commission 
 
 Report of Commission 
 
 47 
 
 i 
 
 actioiL The establishment of a minimum wage would in no way 
 interfere with collective bargaining. 
 
 7. The fear on the part of certain trade unions that it would 
 compromise the functions and power of trade unions, would seem 
 to be effectively answered by the reports from Europe and 
 Australia. Prof. M. B. Hammond, who in 1911-1912 investigated 
 this question in Australia, reports that the membership of the 
 trade union has increased since the enactment of the wage laws, 
 and that the trade unions corresponding to the American Federa- 
 tion of Labor here, are unqualifiedly in favor of the law, and 
 while there is difference of opinion as to the working out of the 
 law, neither employers nor workers wished to abolish it. The re- 
 ports from England show that an increase in organization has 
 followed in such trades as the tailors and the chain makers, 
 though the lace makers have not been so successful. The fear 
 that the incentive to belong to a union is removed, is unfounded, 
 and absence of wage regulation has not induced the workers in 
 those trades investigated to organize. 
 
 8. Reports from England show that the seasons have been 
 lengthened and the fluctuation has been much lessened. High 
 priced labor is not readily dismissed. 
 
 9. In answering the charge that it is a limitation on the right 
 of contract, we quote: "The courts have uniformly held that 
 under the constitution there is no power to compel any one to 
 work. There is not only no contract that can do it, but no law 
 can do it. I can see no difference whatever between infringing 
 the liberty of contract with respect to the hours of labor, and in- 
 fringing liberty of contract with respect to a minimum wage." 
 
 10. If it is desirable in the interest of the State to protect its 
 citizens from exploitation, there is the same justification to pro- 
 hibit employers from paying excessively low wages as for other 
 modem restriction such as the prevention of the employment of 
 women for more than a specified number of hours per day or at 
 night, or in unsanitary workshops. Low wages are an outgrowth 
 of bad economic conditions. The value of the work done is not 
 considered at all in the hiring of such workers. What the decid- 
 ing point is, is the need of the individual coupled with the num- 
 ber of competitors for the same job. If in the interest of the 
 
 State it is undesirable for women to be paid such low wages that 
 they cannot support themselves while working, it is within the 
 right of the State to protect them. 
 
 11. There are laws to-day protecting men even though they are 
 enfranchised. To abolish any of the protective legislation now 
 accepted for men and women would be most injurious. In 1911 
 the Legislature of California gave women the vote and the same 
 Legislature passed the Eight Hour Day for women in many 
 
 industries. 
 
 12. It was pointed out at the public hearings that efficiency in 
 industry has become primarily a matter of management, because 
 of the great subdivision of labor and because the increase in wages 
 for efficiency, as has been shown by the investigation, is slight. 
 Unless there is an incentive to efficiency it cannot be created. 
 Industrial training will not become effective until the bread 
 and butter question is solved. As one of the witnesses remarked, 
 " It does absolutely no good to send a girl of 18 to a school where 
 she will get additional education, if she is trying to live on $6.00 
 a week." In the millinery trade skilled workers did not earn 
 enough so that they could support themselves. The mere effi- 
 ciency of the worker will not guarantee a better wage. 
 
 Conclusions 
 After careful deliberation and study of the results of its investi- 
 gation and the testimony taken, the Commission has come to the 
 conclusion that the State is justified in protecting the under-paid 
 women workers and minors in the interest of the State and 
 society. It finds that there are thousands of women and minors 
 employed in the industries throughout the State of New York who 
 are receiving too low a wage adequately to maintain them in 
 health and decent comfort. The Commission believes this in- 
 juriously affects the lives and health of these underpaid workers, 
 and that it is opposed to the best interests and welfare of the 
 
 people of the State. 
 
 In order to remedy this evil, the Commission recommends: 
 
 First The enactment of a law creating a Wage Commission, 
 which, after investigation, shall establish Wage Boards, composed 
 of representatives of employers, employees and the public, in any 
 
4« 
 
 HePORT of COMMIBSION 
 
 industrj in which it has reason to believe women and minors are 
 receiving less than a living wage. Wherever possible, the em- 
 ployers and workers are to be elected by their respective groups ; 
 but if this is impossible, employers and employees shall be notified 
 of meetings at which the work of the Wage Commission shall be 
 explained, and the representatives of the trade asked to present 
 recommendations to the Wage Board. The Wage Commission, 
 after pubHc hearings, and upon consideration of the report of the 
 Wage Board shall determine the amount of the living wage neces- 
 sary for such women and minors, and recommend to employers 
 payment thereof. The determination of the AVage Commission 
 shall be published, and the Commission shall also be required to 
 publish the names of employers who fail to comply with its 
 reconunendations. 
 
 The Commission submits herewith in Appendix I, a bill for the 
 creation of a Wage Commission to carry into effect the foregoing 
 recommendations. 
 
 Second. The adoption of an amendment to the Constitution 
 empowering the Legislature to establish a Wage Commission 
 which shall have power to ^x living wages for women and minors 
 in industry. 
 
 Third. That the Legislature submit this proposition to the 
 Constitutional Convention for consideration. 
 
 The Commission does not at this time recommend that the 
 Wage Commission be given power to enforce its determinations, 
 for the following reasons: 
 
 1. The constitutionality of such a law has been challenged in 
 a case now pending before the Supreme Court of the United 
 States. 
 
 2. In an initial measure as provided in the bill recommended 
 herewith, the question of wages should be adjusted by voluntary 
 mutual action of those most directly concerned, aided by an en* 
 lightened public opinion. If, however, it should prove, after a 
 fair test, that this method is ineffective, the Legislature should 
 have unquestioned power to provide effective penalties to secure 
 the proper enforcement of the determination of the Wage Com- 
 mission. 
 
 Keport of Commission 
 
 49 
 
 The Commission holds that such Wage Boards will be the most 
 effective means of standardizing these trades; that they would 
 not put an unfair burden on the industries in the State ; that it 
 would not throw out of employment many workers, particularly 
 if the Wage Boards worked out the problem with care; that the 
 minimum would not become the maximum, but on the contrary 
 that it will be of increased economic value due to better nourished 
 workers, resulting in a more efficient output ; that no appreciable 
 increased cost of production would follow ; that there is no limi- 
 tation on the right of contract ; and that it is the high duty of 
 the State to protect its women workers from such excessively low 
 wages as the investigation has shown- Even such an authority as 
 the coimsel for the manufacturers, Mr. Kome G. Brown, who 
 was one of the attorneys to argue the case before the Supreme 
 Court of the United States, involving the constitutionality of the 
 minimum wage law in Oregon, stated before the Conmiission that 
 such a law as proposed by this Commission is entirely proper. 
 
 While the Commission recognizes the value that vocational and 
 trade training would give to a great group of young men and 
 women entering industry, while it heartily endorses the work 
 undertaken by State and city for the advancement of industry 
 and trade training, it recognizes the fact that the development 
 of machinery making for constantly simplifying processes in 
 which less skill is required, gives no assurance that unaided these 
 industries will be able to find a way out of the condition in which 
 they are at present. "Any woman or child can handle this 
 machine " is an advertisement frequently seen ; and followed to 
 its logical conclusion it would mean child labor displacing man 
 and woman labor. This the State has guarded against through 
 its child labor laws. It must guard against low wages in the 
 same way, for it pays the penalty in the loss of a well balanced 
 manhood and womanhood due to the disentegrating effects of 
 these low wages. Hospitals, reformatories, asylums and prisons 
 paid and cared for by the State, are inevitable results of low 
 wages, and long periods of idleness. 
 
 It is believed that a Wage Board in each industry should not 
 only consider the question of a weekly or hourly wage, and 
 standardize minimum wage rates, but should take up the study 
 
50 
 
 Report of Commission 
 
 01 seasonal unemployment. This difficult problem has been met 
 by Justice Higgins, of the Australian Commonwealth Arbitra- 
 tion Court, in establishing a minimum wage for the deck and 
 wharf laborers. He found that men worked but thirty hours a 
 week, considering both slack and busy season, and the minimum 
 wage was based upon the cost of living for those workers. The 
 award was provisional until such time as the employers had set 
 their house in order, and devised means whereby steadier work 
 would be provided. This emphasizes one point, namely, 
 the obligation on the part of the industry to pay for time as well 
 as service rendered. For instance, if girls are kept in a factory 
 all day long, whether they work or not, the industry holding them 
 there should pay for their time, which they may not use in any 
 way for themselves. 
 
 Doubtless, part of the remedy lies in keeping the number of 
 young inexperienced boys and girls who now enter industry, in 
 trade and vocational schools, and placing them in industry at the 
 times of special rush only when they would get a certain amount 
 of commercial training. This would also do much to standardize 
 the industries. As speedily as possible the age limit of children 
 who may be employed should be raised, at the same time raising 
 the compulsory school age. Through this system of vocational 
 trade and culture education, through State and city employment 
 bureaus, through wage boards, a real impulse would be given to 
 the standardization of these industries. 
 
 The Commission believes that it is of the utmost importance 
 to hasten the establishment of a system of labor exchanges 
 throughout the State and nation. This would help greatly in 
 making it possible for the recently arrived immigrants to place 
 themselves advantageously, which they are partially unable to 
 do at the present time. 
 
 The Commission would respectfully urge the consideration of 
 the problem of social insurance. Periods of unemployment, old 
 age, and disability are an inevitable part of thb industrial 
 problem. Before order can be established in the industrial house 
 of State and nation these problems must be solved. 
 
 n. RECODIFICATION OF THE LABOR LAW 
 
 The Commission in its second report to the Legislature called 
 attention to the necessity for a complete recodification of the 
 Labor Law. In that report the Commission said, at page 292 : 
 
 " The greater part of the legislation recommended by the 
 Commission must take the form of amendments to the Labor 
 Law. That statute, since its enactment in 1897, has been 
 subjected to numerous amendments and has grown to be 
 unwieldy and complicated. It is in need of revision that 
 will simplify its form and arrangement and clarify its mean- 
 ing. The Commission recommends that the Labor Law be 
 properly recodified." 
 
 When the Commission was continued in 1913, it was authorized 
 to prepare a recodification of the Labor Law. The Commission 
 spent considerable time upon this work last year, issued a bill in 
 tentative form, and then a bill on the subject was introduced in the 
 Legislature. At the request of representatives of different parties 
 in interest, the Commission did not press the bill for passage, 
 because as the Commission was to be continued to complete its 
 study of wages, it felt that it would be advisable to have action on 
 the recodification deferred for another year, so that all interested 
 in the subject would have ample opportunity to present their views 
 and be heard by the Commission if desired. 
 
 After the last Legislature adjourned, the Commission issued the 
 recodification in tentative form. Several thousand copies were 
 sent to employers, manufacturers, representatives of labor organi- 
 zations, civic organizations, and others interested, all over the 
 State. Suggestions and criticisms were invited. The Commission 
 held a series of hearings on the subject, at which the tentative bill 
 was discussed at length in Buffalo, Rochester, Syracuse, Utica, 
 Albany and New York City. Briefs and memoranda were re- 
 ceived from many sources. After these public hearings, the Com- 
 
 [51] 
 
&2 
 
 Report of Commission 
 
 mission appointed two advisory committees to consider the recodi- 
 fication of the Labor Law - one for New York City and one for 
 
 I^htees ''''^'' "* ''^ ^^ ^"^-^1 of ^^ 
 
 After the public hearings and after the briefs and memoranda 
 submitted were considered by the Commission, a revised recodifi- 
 cation of the Labor Law was issued, in which many of the sugges- 
 tions that had been made for changes were incorporated. This 
 revised recodification was sent to aU those interested and contained 
 a detailed statement of just what changes had been made in the 
 lormer draft 
 
 Several meetings of the advisory committees were held in Xew 
 lork City, at which the revised recodification was taken up section 
 by section and discussed fully. Communications in writing were 
 received from those members of the committees who were unable 
 to attend The widest publicity was given to this matter and the 
 bill recodifying the Labor Law that is presented with this report 
 has been prepared after careful consideration of suggestions and 
 criticisms received from all concerned. 
 
 CHA.XGE IN AfiEANGBMENT OF THE LaBOB LaW 
 
 The bill recodifving the Labor Law, except as hereinafter in- 
 dicated, IS confined in the main to changes in form and arran^e- 
 fiient, rather than to changes in the substance of the law. The 
 Labor Law has been rearranged substantially along the lines in- 
 dicated in our last report. 
 
 PfiESENT AeRANGEMEJTT OP THE LaBOB LaW 
 
 The present Labor Law contains the foUowing articles : 
 
 Article L Short title ; definitions. 
 
 11. General provisions. 
 
 III. Department of Labor. 
 Ilia. Industrial board. 
 
 IV. Bureau of Inspection. 
 
 V. Bureau of Statistics and Information. 
 VI. Factories. 
 VII. Tenement-made articles. 
 
 Repoht of Commission 
 
 53 
 
 Article VLLL Bakeries and confectioneries. 
 IX. Mines, tunnels and quarries. 
 
 X. Bureau of Mediation and Arbitration. 
 XI. Bureau of Industries and Immigration. 
 XII. Mercantile establishments. 
 XIII. Convict-made goods and duties of the Commissioner 
 
 of Labor relative thereto. 
 XIV. Employers' liability. 
 XlVa. Workmen's compensation in dangerous employ- 
 ments. 
 XV. Employment of children in street trades. 
 (XVI. Laws repealed.) 
 
 Presext Plan of Arrangement 
 The idea of classification which evidently underlies the present 
 arrangement of the Labor Law is that all provisions affecting a 
 particular industry should be gathered into a separate article de- 
 voted to that industry. For example, in the article entitled 
 " Factories," appear most of the provisions applicable to factories. 
 That it is practically impossible without wholly unnecessary 
 repetition to accomplish the purpose of such a classification is 
 evidenced by the fact that in the article entitled " General Pro- 
 visions " there are a number of provisions which apply to factories, 
 as well as to other establishments, and in the article entitled 
 " Factories " there are some provisions which apply to other in- 
 dustrial establishments, as well as to factories. 
 
 The only justification for such a classification is the practical 
 advantage of having grouped together all of the provisions of the 
 law applicable to a particular industry. As a matter of fact, the 
 present Labor Law does not present this desirable grouping of its 
 provisions, and, as has been said, it is quite impossible to accom- 
 plish it without a very great deal of useless repetition of provisions 
 applicable to several industries in the article devoted to each of 
 
 those industries. 
 
 All the advantages of such a classification can be accomplished in 
 the reprints of the law prepared by the Commissioner for the use 
 of employers and the public. The Commissioner can readily collect 
 
54 
 
 Report of Commission 
 
 al tie provisions of the Labor Law applicable to factories, no 
 matter what article may contain them, and no matter to what other 
 industries they may be applicable, and group them in a single 
 SS "'^ ""^ ^'■'""' '°^'''*^ '° legislation affecting 
 
 Proposed Classification 
 
 We have therefore, departed from the idea of classification 
 
 Ido^ll . ir'''* ^"^^^^^^-* ^^ ^« ^aw. Briefly, we have 
 adopted the following arrangement : 
 
 Group under headings, indicating the subject matter, all pro- 
 visions dealing with the relations between the employer and the 
 employee, as, for example, such matters as hours, wages, prohib- 
 i^d employments, etc. ; and under headings, indicating the indus- 
 tries to which they apply, all provisions relating to the physical 
 conditions under which the work is done, as, for example] con- 
 s niction, equipment and method of operation of places of em- 
 plojTnent Following this plan of grouping the provisions of the 
 law, we have used the following arrangement : 
 
 Article 1. Short title; definitions. 
 
 2. The department of labor. 
 
 3. General provisions. 
 
 4. Employment of children and females. 
 
 5. Hours of labor. 
 
 6. Pa;>Tnent of wages. 
 
 7. Public work. 
 
 8. Immigration lodging-houses. 
 
 9. Building construction and repair work. 
 
 10. Factories. 
 
 11. Bakeries and manufacture of food products. 
 
 12. Tenement-made articles. 
 
 13. Mercantile establishments. 
 
 14. Mines, tunnels and quarries; employment in com- 
 
 pressed air. 
 
 15. Violations and penalties. 
 
 16. Laws repealed. 
 
 Report of Commission 
 
 55 
 
 New Article, " The Department of Labor " 
 Particular attention is called to the new article 2, " The De- 
 partment of Labor." In this we have attempted to cover the 
 whole field of organization and powers and duties of the Depart- 
 ment, and to include, as far as possible, all the provisions relating 
 to administration and enforcement. 
 
 The provisions in the existing Labor Law relating to right of 
 entry, inspection, notices and orders to comply with the provisions 
 of the law, have been covered by general sections in this new 
 article. 
 
 Repeal of Present Articles of the Labor Law 
 We have omitted from the proposed revision all of the pro- 
 visions contained in Article XIII, relating to convict-made goods ; 
 Article XIV, relating to employers' liability ; Article XlV-a, re- 
 lating to workmen's compensation ; and Article XV, relating to 
 children in the street trades. 
 
 Article XlV-a, dealing with workmen's compensation, and de- 
 clared unconstitutional in the Ives case, was repealed at the 
 recent special session of the Legislature. 
 
 We also recommend the repeal of Article XIII, dealing with 
 convict-made goods, because it has been held to be unconstitutional, 
 and is now ineffective. (People v. Hawkins, 157 N. Y. 1, 1898 ; 
 People V. Raynes, 136 App. Div. 417, 1910, affirmed 198 N. Y. 
 
 539, 622, 1910.) 
 
 This article prohibits the sale of convict-made goods without 
 a license and provides for the issue and revocation of licenses. 
 It also requires convict-made goods to be labeled and marked as 
 such and prohibits the sale thereof without such label and mark. 
 Section 620 of the Penal Law punishes as a misdemeanor acts 
 which constitute violations of the provisions of this article. 
 
 While we approve of omitting this provision, in the recodifica- 
 tion of the Labor Law, because the decision of the Court of Ap- 
 peals makes it a nullity, yet we are in favor of proper legislation 
 which will carry into effect the same principles. If necessary, 
 the matter should be submitted to the Constitutional Convention, 
 which is soon to be held, so that constitutional authority may be 
 had for legislation upon the subject. If it is necessary to have 
 

 Repojct of Commission 
 
 such legislation authorized by federal statute then we approve 
 
 iXrxi: '^^^" ^^^-^^ ^-^-"^ •-•-»— 
 
 TH..SP.. o. Cnr^^ PBOVIS.OXS ok the Lbok Law to Oth.e 
 
 Laws 
 
 dat^d^ir:^:"' ''' ^'^'^^^ ^^^ "*'^^' '^^^^^^ ^^ ^'^^ ^o-h- 
 
 pensation ActTa^I cLpteTrT '^^7' ^ '"TII"^"'^ ^""- 
 
 p%:Ltyt?"^^ ^^ ^"^ ^*»*"^-^ ^- dealing wit^: 
 
 pro';ist^tf^tr- 't -T "^*' ^'"''"'' '" ^^ «'«-' *r«<J«'- The 
 provisions of this article are now eninrr^^ k„ *u 
 
 attendance officers. We 8u««^Xt !>, . ■ ^ u' ^^'""^ ""'^ 
 to the Education Law. P~'"'"*'" ** transferred 
 
 3. Section 156, subdivision two, providimr th«t tfc«, r • 
 sioner of Labor shall procure wiA tT } Commis- 
 
 authorities complete li«t, !^! T, *^'"'"' "^ *•»« ^^d^"! 
 
 children of 2StlZT^^ *^* "'""'^' '^' ^''•' *>* «» "Hen 
 t;u oi scnooi age and deliver cop es oi such lUf t^ iU^ u -^ 
 
 of Education and school boards in the StL f T- ^ ''*'** 
 -ent of the Compulsory Edueaticl^^^^^^^^ W " ""^ "/^^ 
 this section be transferred rthrFdn ;• r '^'^^'^^ ^«* 
 State Commissioner ofYd^lt^^u^^^^^^^ ''^^ ''^* ^'^ 
 
 liste, for that is a hLT 11 «"^^^^^^^ ^^ Procure such 
 
 wates'oTZw t '"""^ ^^"' ^^^^^'^^^ P^^*:^ P™t of 
 
 eral Corporation iTr^^^^^^ J^ ^'^^^^^^^^ *- the Gen- 
 
 The fa^t th«f ft n ^*^^'«^^P I-^w respectively, 
 ^ne lact that the Department of Labor does n^f horr^ 
 power or dutj to enforce the provisions of th.T .?^ 
 
 and sections constitutes an added al fl^t^^^^^^^^ *1^'"^ 
 the revised Labor Law. omission from 
 
 Report of Commission 
 
 57 
 
 CowsoLHUTioisr of Pbdvisions Relatlng to Employment 
 
 Ceetificates 
 
 W€ have consolidated the lengthy provisions of the present 
 law relating to the issuance of employment certificates (section 
 71 to 76, and sections 163 to 167 of the present law), and put 
 them in the new Article 4 "Employment of Children and 
 
 Females." 
 
 The two series of provisions are practically identical, and by 
 consolidating them the unnecessary repetition of more than 2,000 
 words is avoided. 
 
 Change in the Definition of Factoky 
 The present Labor Law defines a factory as follows: 
 
 " Sec. 2, Subdivision 1. The term ' factory' includes any 
 mill, workshop or other manufacturing or business establish- 
 ment, and all buildings, sheds, structures or other places used 
 for or in connection therewith, where one or more persons 
 are employed at labor." 
 
 This definition was not recommended by the Factory Commis- 
 sion. It has been in the law since 1886. Pursuant to a wide- 
 spread demand for a change in this definition to meet present 
 conditions, tbis Commission, after consideration, bas recommended 
 in the recodification of the Labor Law the following amendment:* 
 
 " The term ' factory ,' [when used in this chapter, shall be 
 construed to] includes any mill, workshop, or other manufac- 
 turing [or business] establishment and all buildings, sheds, 
 structures or other places used for or in connection therewith, 
 where one or more persons are employed at [labor], rrmnvr 
 facturing including making, altering, repairing, finishing, 
 hottling, canning, cleaning or laimdering any article or thing, 
 in whole or in part, except power houses, generating plants, 
 bams, storage houses, sheds and other structures ovmed or 
 operated by a public service corporation, other than ccmstruc- 
 tion or repair shops, subject to the jurisdiction of the public 
 service commission under the public service commissions 
 law. 
 
 •Matter in italica is new; matter in brackets [ ] is old law to be omitted. 
 
58 
 
 Report of Commission 
 
 Report of Commission 
 
 59 
 
 The irrovisions of this chapter affecting stmctural changes 
 and alterations, and the installation of fixtures and apparatus 
 other than for the safeguarding of machinery shall not apply 
 to factories or to any buildings, sheds, structures or other 
 places used for or in connection therewith where less than 
 five per soils are employed at manufacturing except as pre- 
 scribed by the industrial board in its rules/* 
 
 We believe that this change will result in the removal of many 
 objections to the law, the structural provisions of which were, as a 
 matter of fact not intended to apply to small establishments where 
 only a few persons were employed. 
 
 Change in the Definition of Factory Building 
 
 The Commission recommends the following change in the 
 definition of factory buildings: 
 
 " The term ' factory building \ [when used in this chap- 
 terj means any building, shed or structure which, or any 
 part of which, is occupied by or used for a factory, and in 
 which at least one-tenth of all the persons employed in the 
 building are engaged in work for a factory, but shall not 
 include a building used exclusively for dwelling purposes 
 above the first story. The provisions of this chapter shall 
 so far as prescribed by the industrial board in its rules, also 
 apply to any building, not a factory building within the 
 meaning hereof, any part of which is occupied by or used 
 for a factory/* 
 
 This will remove the objection that a building in which only 
 a few persons are employed at manufacturing would come under 
 the provisions of the Labor Law relating to structural require- 
 ments. 
 
 Change in the Definition of Mercantile Establishment 
 
 This definition has been in the law since 1896. We reconmiend 
 a change along the lines indicated in the change of the definition 
 of a f actorv, as follows : 
 
 " The term ^ mercantile establishment ' [when used in this 
 chapterj means any place where goods, wares or merchandise 
 are offered for sale. The provisions of this chapter affecting 
 structural changes and alterations, and the installation of 
 fixtures and apparatus shall not apply to mercantile establish- 
 ments where less than five persons are employed except as 
 prescribed by the industrial board in its rules/* 
 
 Definition of Mercantile Building 
 
 We recommend that the following definition of mercantile 
 building be added to the Labor Law : 
 
 " The term ' mercantile building ' means any building, 
 shed or structure, (other than a factory building) which or 
 any part of which is occupied by or used for a mercantile 
 establishment and in which at least twenty per cent of all the 
 persons employed in the building are engaged in work for a 
 mercantile establishment, but shall not include a building 
 used exclusively for dwelling purposes above the first story." 
 
 This definition will eliminate from the requirements of the 
 Labor Law, buildings which are used in the main as office build- 
 ings, to which the provisions of the Labor Law, particularly those 
 relating to the structural changes, were not intended to apply. 
 
 In all of these cases power has been reserved for the industrial 
 board to apply such provisions of the law as they might find neces- 
 sary to secure safety of employees, to any place where one or more 
 persons are employed at labor. 
 
 Labor Law Made More Flexible 
 
 The most important change in the Labor Law made in the re- 
 codification, is that the law is made more flexible. The creation 
 of an industrial board, which was viewed with considerable doubt, 
 especially by the manufacturers, has succeeded well in practice. It 
 is the view of those directly concerned with the operation of the 
 Labor Law, that the powers of the Board should be increased — 
 that it should have power not only to add to the minimum require- 
 ments of the law, but in proper cases, where there are difficulties 
 in complying with the strict letter of the law, or unnecessary hard- 
 
60 
 
 Report of Commission 
 
 Report of Commission 
 
 61 
 
 mi 
 
 mi 
 
 ship in 80 doing, the board should have power npon petition to 
 grant a modification which will secure safety of employees and the 
 public, and at the same time do substantial justice to all con- 
 cerned. 
 
 Power of Industrial Board to Grant Modifications 
 
 After careful consideration the Commission recommends the 
 enactment of the following section of the Labor Law to meet these 
 views : 
 
 " § 30. Variations. If there shall be practical difficulties 
 or unnecessary hardship in carrying out any provision of 
 this chapter, or rule adopted by the industrial board ther^ 
 under, affecting the construction or alteration of buildings, 
 the installation of fixtures and apparatus, or the safeguarding 
 of machinery and prevention of accidents, the industrial 
 board shall have power to make a variation from such re- 
 quirements if the spirit of the provision or rule shall be 
 observed and public safety secured. Any person affected by 
 such provision or rule, or his agent, may petition the board 
 for such variation stating the grounds therefor. The board 
 shall fix a day within a reasonable time for a hearing on 
 such petition and give notice thereof to the petitioner who 
 may appear in person or by agent or attorney. If the board 
 shall permit such variation it shall be in the form of a reso- 
 lution and such variation shall apply to all buildings, in- 
 stallations or conditions where the facts are substantiallv 
 the same as those stated in the petition. Such resolution 
 shall contain a description of the conditions under which such 
 variation shall be permitted and shall be published in the 
 manner provided for rules of the board. A record of all 
 such variations shall be kept in the office of the industrial 
 board and shall be properly indexed under section nimibers 
 of the law or industrial code to which each variation applies, 
 and shall be open to public inspection during business hours." 
 
 Some question arose as to whether the variation should be 
 limited to the particular case for which it was requested, or ex- 
 tended to cover buildings, situations or conditions where the facts 
 
 were substantially the same as those stated in the petition pre- 
 sented to the board for a variation. The Commission was of the 
 opinion that it would be advisable to have the modifications, so 
 far as practicable, general in their application as are the rules 
 of the industrial board. 
 
 We believe that the foregoing statute does not involve a dele- 
 gation of legislative powers, and this view is sustained by the 
 opinion of the United States Supreme Court in a recent case. 
 (Inter-Mountain Rate Cases, 234 U. S., 58 Law Ed., page 1408.) 
 
 Power of Industrial Board to Specify Materials and 
 Forms of Construction Other Than Those Mentioned in 
 the Law 
 
 In line with the determination to make the law flexible in its 
 application, and to meet new conditions as they might arise, the 
 Commission recommends that the industrial board be given power 
 to specify materials and forms of construction that are equivalent 
 to those prescribed in the law. We recommend that a new section 
 be added to the law as follows : 
 
 " § 239. Industrial board to specify materials and forms 
 of construction. Whenever in this title specific materials or 
 forms of construction are required, others equivalent thereto 
 may be accepted by the indusrtrial board if they shall have 
 passed the standard tests prescribed by the board." 
 
 Smoking in Factories 
 
 The power of the industrial board was extended also to meet 
 the problem of smoking in factories. The old law contained a 
 general prohibition of smoking in factories. We recommend the 
 amendment of that section of the Labor Law to read as follows: 
 
 " § 263. No person shall smoke in any factory, but the 
 industrial board in its rules may permit smoking in pro- 
 tected portictos of a factory or in special classes of occupan- 
 cies, where in its opinion the safety of the employees would 
 not be endangered thereby." 
 
62 
 
 Report of Commission 
 
 Summary Powers of Commissioner of Labor Increased 
 
 We recommend an increase in the summary powers of the 
 Commissioner to enforce the provisions of the Labor Law where 
 matters involving the safety to lives of employees and occupants 
 of buildings are involved, and that the following section be added 
 to the Labor Law : 
 
 " § 406. Summary action to prevent violations. 1. The 
 commissioner may require any building, structure, enclosure 
 or place of employment to be vacated if in his opinion it is, 
 because of a violation of any provision of this chapter or of 
 any rules made thereunder, so unsafe or unsanitary as to en- 
 danger life or health. 
 
 2. In case any lawful order issued by the commissioner 
 is not complied with, or the commissioner certifies in writing 
 that an emergency exists requiring such action, he may issue 
 an order as provided in subdivision one of this section. Such 
 order shall be addressed and served as provided in section 
 forty-six. Whenever any order to vacate served as aforesaid 
 shall not have been complied with, within the time designated 
 therein, the commissioner may apply to any judge of the 
 supreme court, who, upon such notice as he may fix, may 
 grant an order directing the commissioner to vacate such 
 building or premises, or so much thereof as said commissioner 
 may deem necessary, and prohibiting and enjoining all per- 
 sons from using or occupying the same for any purpose 
 until such measures are taken as may be required by such 
 order." 
 
 Penalty Provisions 
 
 A revised form of section 1275 of the Penal Law under which 
 practically all prosecutions are now brought, has been substituted 
 for the many criminal penalties which are now scattered through 
 the Labor Law and the Penal Law. So also a section containing 
 general provisions as to civil penalties has been substituted for 
 the several civil penalty provisions that are now found in different 
 parts of the Labor Law. (See § 405 of revised recodification.) 
 
 Report of Commission 
 
 63 
 
 Fire Hazard in Mercantile Establishments 
 
 The Commission did not deem it advisable at this time to recom- 
 mend specific requirements in the law for the construction and 
 alteration of mercantile establishments and mercantile buildings, 
 or for fire escapes and exit facilities therein. We believe that that 
 is a matter that should be left with the industrial board and that 
 the board should have power to adopt rules on the subject to meet 
 the different conditions which are presented. We therefore recom- 
 mend the enactment of the following section of the Labor Law to 
 deal with this subject: 
 
 " § 350. Fire hazard. Every mercantile establishment and 
 mercantile building shall be provided with adequate exit 
 facilities and shall be so constructed, equipped, arranged and 
 maintained as to afford safety to employees and patrons in 
 case of fire. The industrial board shall in its rules prescribe 
 detailed requirements for protection from the fire hazard in 
 existing mercantile establishments and mercantile buildings 
 and in those to be erected in the future." 
 
 We also recommend the enactment of a law prohibiting smok- 
 ing in mercantile establishments along the lines hereinbefore in- 
 dicated for factories. 
 
 Other Changes in the Labor Law 
 
 We have enumerated above the principal changes that have been 
 made in the law. We have not set forth the detailed changes that 
 have been made. They are clearly indicated in the bill which is 
 presented herewith in Appendix I. 
 
 Summary 
 
 The bill recodifying the Labor Law rearranges the sections of 
 the old law in logical order, removes ambiguities and contradic- 
 tions that have crept in because of repeated amendments to the 
 law, and makes the law understandable to the employers and 
 employees who are affected by its provisions. 
 
 The change in the definition of a factory, factory building and 
 
? 1 
 
 64 
 
 Report of Commission 
 
 » 
 
 mercantile establishment, and the power given to the industrial 
 board to vary or modify specific requirements of the law so as to 
 secure the safety of those affected and at the same time not work 
 unnecessary hardship, will, we believe, result in making the law 
 fair and reasonable in its application and at the same time 
 effectively secure its purpose, which is the protection of the lives, 
 health and safety of the workers in industrial establishments of 
 the State. 
 
 m. CONSOLIDATION OF DEPARTMENTS^ HAVING JURIS- 
 DICTION OVER BUILDINGS IN NEW YORK CITY 
 
 Immediately after the Commission was created in 1911, we 
 issued a list of questions concerning the methods for improving 
 conditions under which manufacturing was carried on in cities of 
 the first and second class of the State. The questionaire, con- 
 taining about one hundred questions and the replies that were 
 received thereto, are set forth in detail in the first volimie of the 
 Commission's preliminary report to the Legislature, pages 586 
 et seq. Among the questions therein presented for consideration, 
 were the following: 
 
 Should there be a Department of Labor for the city of 
 New York and one for the rest of the State ? 
 
 Should there be one or three commissioners at the head of 
 each of those departments ? 
 
 Should there be a bureau of inspection established whose 
 function it shall be to inspect factories and manufacturing 
 establishments and report existing conditions to the different 
 departments charged with the duty of enforcing the pro- 
 visions of the law on the subject ; the Bureau of Inspection 
 to report the facts to the responsible department, the latter 
 to secure compliance with the provisions of the law appli- 
 cable to the condition reported ? 
 
 Should there be a new department established for the city 
 of New York to have exclusive jurisdiction over all factories 
 and manufacturing establishments other than those carried 
 on in tenement houses (the new department to possess all the 
 powers which are now held by the State Labor Department 
 in the city of New York, the Building, Fire and Health 
 Departments of the city with reference to factories and 
 manufacturing establishments) ? 
 
 What bureaus should be established in such new depart- 
 ments? 
 
 [65] 
 
 Vol. 1 — 3 
 
^ 
 
 !■ 
 
 41 
 
 66 Report of Commission 
 
 What suggestions have you tending to lessen or do away 
 with duplication of inspections in the city of New York by 
 various city and State departments? 
 
 What other suggestions have you which would tend to 
 centralize the authority and responsibility for the enforce- 
 ment of the laws relating to factories and manufacturing 
 establishments in the city of New York ? 
 
 In response to this questionaire we received various written 
 statements and we also held a number of public hearings at which 
 the subject was discussed. Practically all those who appeared 
 before the Commission in person, or who submitted written state- 
 ments were opposed to the establishment of a bureau of inspection 
 or the establishment of a new department for the city of New 
 York as suggested by the foregoing questions. It was the con- 
 census of opinion that it was unnecessary to consolidate depart- 
 ments and that there was practically no duplication of inspection. 
 The Commission accordingly made no reconamendation on the 
 
 subject. 
 
 When the Commission was continued in 1914, complaints were 
 received, in the main from owners of buildings, that there was 
 over-inspection of buildings in New York City by different city 
 and State departments, and that there was frequent duplication 
 of work and at times a conflict in the orders issued by the various 
 
 departments. 
 
 The Commission investigated these complaints and heard 
 witnesses on the subject. No real cases of conflicting orders were 
 brought to our attention, although owners of buildings and any 
 others that might be interested were frequently invited to present 
 such cases to the Commission. We did find, however, that a 
 number of city and State departments inspected the same build- 
 ing for different purposes under different laws, and it became 
 apparent that in the interests of efficiency and economy in the 
 administration of the law, the functions of some of these depart- 
 ments might well be consolidated. The following city and state 
 departments now exercise jurisdiction over buildings in New 
 York City, make inspections and issue orders: 
 
 Repoet of Commission 67 
 
 State Department 
 Department of Labor. 
 
 City Departments 
 Tenement House Department 
 
 Bureau of Fire Prevention of the Fire Department. 
 Division of Boiler Inspection of the Police Department. 
 Health Department. 
 
 Department of Water Supply, Gas and Electricity. 
 Commissioner of Licenses. 
 
 Borough Departments 
 Bureau of Buildings. 
 Department of Highways. 
 
 Issuance of Tentative Plan and Bill 
 The Commission held a public hearing on the subject at which 
 all those that appeared urged that the functions of existing city 
 and State departments having jurisdiction over buildings in New 
 York City, particularly in so far as they related to new construc- 
 tion and structural changes in existing buildings, be centralized 
 in one department of buildings. The Commission accordingly 
 prepared a tentative plan and bill on the subject, copies of which 
 are set forth in Appendix III of this report The tentative bill 
 may be briefly sunmiarized as follows: 
 
 "Create a new department for the city of New York to 
 be known as the department of buildings, the head of which 
 shall be the commissioner of buildings who shall be appointed 
 by the mayor. The jurisdiction of this department shall 
 extend over the entire city. 
 
 " The department of buildings shall have sole ana ex- 
 clusive jurisdiction over the construction and alteration of 
 all buildings and any structural changes therein (including 
 factories and mercantile establishments). There shall also 
 be concentrated in this new department, so far as practicable, 
 jurisdiction over matters relating to the proper maintenance 
 of these buildings. 
 
t 
 
 
 68 Repobt of Commission 
 
 " This will involve the consolidation of the following de- 
 partments and bureaus and the transfer of their entire juris- 
 diction to the new department of buildings. 
 
 " 1. The bureau of buildings of each borough. 
 
 " 2. Bureau of fire prevention of the fire department. 
 
 " 3. Division of boiler inspection of the police department. 
 
 " There shall also be transferred to this new department 
 of buildings the jurisdiction now exercised by different city 
 and state departments as follows: 
 
 " 4. State department of labor — in to far as it relates to 
 the construction and alteration of factory buildings and mer- 
 cantile establishments and any structural changes therein. 
 
 " 5. Health department of New York City — in so far as 
 it relates to structural changes in bakeries and food product 
 m anuf actories. 
 
 " 6. Tenement house department — in so far as it relates 
 to construction of new buildings. 
 
 " 7. Department of water supply, gas and electricity — in 
 so far as it relates to the inspection of electrical wiring and 
 equipment in buildings." 
 
 The advisability of transferring some of the jurisdiction over 
 buildings, exercised by the Commissioner of Licenses and the 
 jurisdiction exercised by the borough president for the granting 
 of vault permits, was left for further consideration. 
 
 The bill provided further, for the creation of a Board of 
 Building Standards and Appeals, which was to make rules and 
 regulations for carrying into effect the provisions of law as to 
 which the Building Department was given jurisdiction, and to 
 hear appeals from orders issued by the Commissioner of Build- 
 ings. 
 
 The Commission also suggested the advisability of deferring 
 
 the transfer of the jurisdiction of some departments, e. g., the 
 Bureau of Fire Prevention, until a later date, when the new de- 
 partment would be completely organized and ready to take over 
 
 the work. 
 
 Numerous conferences and public meetings were held by real 
 estate and civic organizations to discuss plans for the consolida- 
 
 Report of Commission 
 
 69 
 
 tion of the inspection departments of the city and the State Labor 
 Department A oommittee of citizens was appointed by the 
 mayor of New York City to consider the various suggestions 
 made, and this committee, after several public hearings, presented 
 to the Commission its conclusions as follows: 
 
 " It is proposed to recommend a simple enabling act either 
 in the form of an amendment to the charter or a new statute, 
 empowering the board of estimate and apportionment to 
 combine before January 1, 1916 the various bureaus of 
 various city departments that have to do with inspection of 
 buildings, to regroup them in jiepartments different from 
 ones they are now in, to abolish some if necessary, to give 
 to the newly combined or newly established bureaus the same 
 powers and responsibilities that now attach to existing 
 bureaus. In a word, to regroup and readjust all existing 
 functions of the city or borough departments with regard to 
 building inspection, for the purpose of simplifying building 
 inspection. 
 
 The basic idea underlying this suggestion is that the 
 problem is an administrative one, not a legislative one, that 
 the changes necessary cannot be made all at once, without 
 serious danger of confusion and clash and loss of efficiency 
 to the city government and hardship to real estate interests ; 
 that any bill that is drawn now and attempts to go into 
 minute detail is bound to cause infinite trouble. 
 
 It is anticipated that presumably if this scheme is adopted 
 that the board of estimate would proceed through a standing 
 committee of its own members who would make the most 
 careful examination into every change that would be pro- 
 posed before adopting it. 
 
 The bill should be a very simple one, and could be put 
 into one or two pages of print. It should, of cx>urse, also give 
 the board power to place in the control of the city depart- 
 ments the functions now exercised by the State Department 
 of Labor in so far as they relate to building inspection or 
 the construction or alteration of buildings. 
 
J » 
 
 I 
 
 ^^ Report of Coioassioif 
 
 The bill should safeguard existing rights and causes of 
 action, and should make it clear beyond any peradventure 
 of doubt that the powers conferred upon the board of esti- 
 mate supersede all powers hitherto conferred upon various 
 city departments, whether contained in the charter or in 
 any statute." 
 
 It was reported that the mayor's committee was unanimous in 
 supporting every feature of the plan as above outlined, except 
 the empowering of the board of estimate and apportionment to 
 transfer to a city department the jurisdiction within the city of 
 New York of the iState Labor Department over structural 
 features of factory buildings, as to which there was one vote of 
 the six members of the oonunittee in opposition. 
 
 The Conmiission recognizes as the result of its investigations: 
 
 First. That a reorganization of the inspection services 
 
 of the various departments of New York City and its 
 
 boroughs, and a consolidation of some of their functions, is 
 
 desirable ; 
 
 Second. That in accomplishing this consolidation, nothing 
 should be done that would impair the eflFectiveness of the 
 present regulation of the construction and use of buildings, 
 which has been greatly strengthened since the Triangle 
 Waist Factory fire of 1911 ; 
 
 Third. That the consolidation should be accomplished in 
 such manner as to reduce the expense to the city of the in- 
 spection departments; 
 
 Fourth. That the consolidation of the inspection depart- 
 ments is an administrative rather than a legislative problem, 
 and should be accomplished by such gradual method as would 
 prevent even temporary disorganization of the inspection de- 
 partments affected. 
 
 The Commission believes that the consolidation should be 
 imder a city department rather than under a separate depart- 
 ment in each of the five boroughs. The latter plan, by decentral- 
 izing the inspection work of the city, would multiply supervision 
 
 Report of Commission 
 
 71 
 
 costs and in other ways greatly increase the expense as well as 
 reduce the efficiency of enforcement of regulations designed to 
 protect the lives and health of occupants of buildings. 
 
 As above stated, however, the problem of reorganizing and con- 
 solidating the inspection departments is an administrative rather 
 than a I^slative matter. The Commission believes that it falls 
 within the principle of home rule and that sufficient power to 
 deal adequately with the subject should be conferred upon the 
 local authoritieb by a proper enabling act. The Commission, 
 therefore, recommends the adoption of the plan suggested by the 
 mayor's committee, so far as it provides for the consolidation by 
 the city board of estimate and apportionment of the inspection 
 departments of the city and its boroughs. 
 
 The Commission believes that the city board of estimate and 
 apportionment should be given an opportunity to solve the 
 problem as affecting the city and borough departments and to de- 
 termine what form of city department shall be provided for carry- 
 ing on the inspection work, before changes are made in the law 
 regarding the inspection of structural conditions in factory build- 
 ings. 
 
 After the city board of estimate and apportionment has solved 
 the problem as affecting inspection departments of the city and 
 its boroughs, and has determined the form of department that 
 shall be charged with the duty of inspecting buildings in the city, 
 it will be time to take up the question of what transfer, if any, 
 shall be made of the functions of the State Labor Department 
 with reference to structural conditions in factory buildings and 
 mercantile establishments. 
 
Report of Commission 
 
 73 
 
 r 
 
 f 
 
 CONCLUSION 
 
 With this report, the work assigned to the Commission is con- 
 cluded. The Conmiission has been in existence for a little over 
 three years. During that time there has been enacted on our 
 recommendation what practically amounts to a new labor law for 
 the State of New York. We have endeavored to be fair and 
 reasonable and at the same time discharge the trust reposed in us, 
 that is, to reconmiend legislation for the better protection of the 
 lives and health of the men, women and children employed in the 
 industries of the State — legislation that would protect the 
 workers not only against the perils of fire, but against the deadly 
 every-day incidents of industrial toil, such as insanitary condi- 
 tions, excessive hours, accidents and industrial poisons. 
 
 Everyone interested was given ample opportimity to be heard 
 before the Commission, or to express his views in writing on the 
 subjects before it for consideration. We sought in every instance 
 the advice and counsel of those who would be most affected by any 
 changes we might recommend, and formed advisory committees 
 composed of widely diversified interests to assist us in our work. 
 Our proposals were given wide publicity long before they were 
 presented to the Legislature and were issued in tentative form 
 for suggestions and criticisms. 
 
 With the assistance of many public spirited citizens and 
 ofiicials and of the press throughout the iState, much has been ac- 
 complished in the way of better legislation. 
 
 We should prefer, however, to have our work judged not by the 
 number or character of the laws that were passed upon our recom- 
 mendation, but by the educational value of the investigations con- 
 ducted by us, and the impetus to the voluntary improvement of 
 working conditions given by the disclosure of evils in the course 
 of our work. 
 
 From the outset the Commission laid emphasis on the necesk- 
 sity for a fair and complete presentation of the facts as to what 
 
 [72] 
 
 I 
 
 were the actual conditions of employment These facts were 
 given the widest publicity, and in consequence, there was a prac- 
 tical unanimity of opinion, in which employers all over the State 
 joined, that conditions had to be improved in the interests of the 
 public welfare. 
 
 It was early recognized that better working conditions produce 
 increased efliciency, the lessening of mortality and morbidity of 
 workers and greater economy in manufacturing and producing. 
 This insures increased prosperity to industry and means great 
 advantage to the people of the State as a whole, including the 
 employers and manufacturers. 
 
 The department of labor has been completely reorganized. It 
 has been given facilities commensurate with the great tasks im- 
 posed upon it, but despite its great correctional powers the Com- 
 mission believes that the greatest and highest functions of the 
 department of labor is to educate ratber than to exercise the 
 police power, and it earnestly conamends to the department that 
 it bring about a closer relationship between labor and its em- 
 ployer to the end that conditions be improved, not only by enact- 
 ment of laws or tlie rigid technical enforcement of statutes, but 
 by showing that a greater care of labor induces a greater interest 
 in the business of the employer and a corresponding profit both to 
 the employer and the employee alika It has been clearly demon- 
 strated by the evidence laid before the Commission that improve- 
 ment of the conditions under which the worker lives and labors 
 means greater profit to the employer. Improvement of working 
 conditions is real economy. 
 
 If the labor department can succeed in bringing employers and 
 employees into closer co-operation and in this manner continually 
 raise the industrial standards through voluntary action, there will 
 be a fairer and more effective administration of the law and the 
 human resources of the State more adequately conserved. 
 
 It is with great r^ret that we find it necessary to announce the 
 death of our colleague, Mr. Simon Brentano, which occurred at 
 midnight, February 14, 1915, after the foregoing report had been 
 written and had met with the approval of the Commission. Mr. 
 Brentano was appointed a member of this Commission as a 
 
 
74 
 
 Report of Commission 
 
 \i\ 
 
 r 
 
 w 
 
 i 
 
 representative of the public, at the time of its creation; and 
 throughout its activities he was an interested, helpful coworker, 
 whose great experience, broad philanthropy and sound judgment, 
 recognized by all who knew him, made his counsel sought for 
 and invaluable. Even during his last severe illness he retained 
 his active interest in the Commission's work. This report had 
 been submitted for Mr. Brentano's signature at his request, but 
 death stayed his hand even while he was reading it Only a few 
 days prior to his death, however, Mr. Brentano wrote that he wa« 
 fully in accord with the Commission's findings ana recommenda- 
 tions. We submit this report, therefore, as having the approval 
 of our lamented colleague, and we desire to express here not only 
 our own sense of loss in the passing of one we knew and honored, 
 but alao the loss to our State of a man who upheld the highest 
 ideals in business and in private life, and who was in the truest 
 sense a good citizen and public servant. 
 
 All of which is respectfully submitted, this 15th day of Febru- 
 ary, 1915. 
 
 Egbert F, Wagner, 
 
 Chdittna/n, 
 Alfred E. Smith, 
 
 V tee-Chairman. 
 Charles M. Hamilton, 
 Cyrus W. Phillips, 
 Samuel Gompers, 
 Edward D. Jackson, 
 Mart E. Dreier, 
 
 Commission. 
 Frank A. Tierney, 
 
 Secretary. 
 Abram I. Elkus, 
 Bernard L. Shientag, 
 
 Counsel. 
 
 Appreciation of Commission 
 
 The Commission desires to express its appreciation of the able 
 and conscientious service rendered to it by all those who had been 
 associated with it in its work 
 
 Report of Commission 
 
 75 
 
 I 
 
 A special word of appreciation is due to the Hon. Abram I. 
 Elkus, Chief Counsel of the Commission since its inception. Mr. 
 Elkus, for over three years, has served as Chief Counsel without 
 receiving any compensation. His services, which were invaluable 
 to the Commission, were given without stint and often at personal 
 sacrifice. We make mention of this in our final report so that the 
 people of the State may be informed of the great and disinterested 
 public service that Mr. Elkus has rendered. 
 
 I 
 
j 
 1 
 
 I 
 
 DISSENTING REPORT BY LAURENCE M. D. McGUIRE 
 
 To the Legislature of the State of New York: 
 
 A majority of the New York State Factory Investigating Com- 
 mission presented to your honorable body on February 15, 1915, 
 a report of their work for your consideration together with a bill 
 " recodifying the labor law." 
 
 As a member of the Conamission I carefully studied the reports 
 submitted and while in the main I agree that the report fairly 
 states the work done by the Commission I can not concur in all 
 the conclusions and I more particularly dissent to the recom- 
 mendations as to recodifying the labor law and as to the consoli- 
 dation of various inspection departments in the city of New York. 
 
 It may be that my close connection with business enables me 
 to see matters affecting labor and capital in a different light than 
 that in which my associates view them. I feel, personally, that 
 sufficient consideration has not been given the serious disturbance 
 in all branches of legitimate business which has resulted through 
 excessive governmental interference and regulation. It has also 
 seemed to me that, apparently my colleagues believed that the end 
 justified the means. The safety, convenience and comfort of labor, 
 desirable it is true, appeared to them to be absolutely essential 
 regardless of whether the methods employed to obtain such safety, 
 convenience and comfort would seriously effect business and pos- 
 sibly make it unproductive, discourage investment, and lead to 
 the ultimate unemployment of labor. 
 
 There are many who believe that opportunity can no longer be 
 grasped by the laboring man and that his condition is a serious 
 one. These people believe that the great combinations of capital 
 have made it impossible for the laboring man to rise from the 
 ranks and become an employer and to them there is, apparently, 
 an impassable gulf between the employer and the laborer. My 
 view point and belief are different. I believe that labor has as 
 many opportunities to rise today as it ever had and that the 
 
 [76] 
 
 Report of Commission 
 
 77 
 
 
 future of this country holds just as much promise for the indi- 
 vidual as it ever did. 
 
 It has seemed to me that the very objects for which the Com- 
 mission is striving will be defeated by the laws they seek to enact. 
 If unnecessary and burdensome regulations are placed upon the 
 employer they will ultimately affect injuriously the laborer. 
 
 It is, therefore, my opinion that while the rights of labor should 
 l;e safeguarded to the utmost it is important that nothing should 
 Ik? done to discourage the employer or to impair seriously his in- 
 vestment, for this would cause ultimate unemployment and con- 
 sequent hardship and distress. 
 
 As an instance the enactment of rigid and drastic regulation as 
 the result of what is known as the Asch fire in New York city, 
 had the effect of seriously impeding building operations in that 
 community. While it cannot be positively shown that the meas- 
 ures enacted as a result of the agitation which followed this fire, 
 excellent though these measures may be, have resulted in saving a 
 single life, their rigid enforcement has seriously discouraged 
 building operations in the city. 
 
 Last year's record and that of the year previous were lower 
 than the record of the year of the Asch fire. It is true that part 
 of this loss can be ascribed to the general business depression, 
 yet, the percentage of loss in Greater New York was, I believe, 
 larger than in other cities throughout the country where the same 
 business depression existed, but where the investor and builder 
 were not harrassed and interfered with by unnecessary regula- 
 tions. In consequence of this slack in building operations thou- 
 sands of workmen are without employment and it would be diffi- 
 cult to accurately estimate the privation and hardship which has 
 resulted therefrom. 
 
 That this serious state of affairs does not deter the professional 
 agitator for more regulation is shown by the following letter re- 
 cently sent broadcast throughout the State: 
 
 » 
 
 II 
 
II 
 
 r 
 
 ^^ Report of Commissioi^ 
 
 COMMITTEE ON SAFETY OF THE CITY OF 
 
 NEW YORK 
 
 A Voluntary Organization of Citizens 
 
 30 East Forty-second Street Telephone Murray 
 
 Hill 4302 
 
 January 14, 1915 
 
 My dear — A cry of fire fills the room. Frantic 
 
 with fear, fighting in the midst of a panic-ridden mob for air, 
 for breath, for escape — flames leaping higher, the exits blocked, 
 the screaming crowd grows helpless. 
 
 A frail girl, with clothing torn, eyes staring, choking, coughing, 
 gasping, blinded by smoke, rushing wildly back and forth, tries 
 to decide in the half second that remains whether to leap from 
 the window to almost certain death on the sidewalk below, or 
 with one more breath of the scorching air, fall suffocated to the 
 floor with the flames ready to do their fatal work on the young 
 body. 
 
 This is what it means to be caught in a factory fire. 
 
 The Triangle fire in which 147 perished and twice as many 
 were injured; the Newark fire which destroyed 28 young girls 
 and injured as many more; the Binghamton fire where 38 workers 
 lost their lives and twice as many were injured by jumping, bear 
 witness to the reality of this kind of disaster. 
 
 « 
 
 Two hundred and sixty thousand working girls and 420,000 
 working men face this danger every day, when they go to their 
 work in the factories in New York citv. 
 
 The Committee on Safety educates the public, the employers 
 and the workers, in regard to these dangers and their prevention, 
 promotes legislation to make impossible such disasters, and se- 
 cures the proper and adequate enforcement of the laws. 
 
 A contribution of ten dollars sent immediately will help to 
 assure an effective legislative campaign this winter to protect the 
 workers against the fire hazard. 
 
 Sincerely yours, 
 (Signed) FRANCES PERKINS, 
 
 Executive Secretary, 
 
 Report of Commission 
 
 79 
 
 
 \ 
 
 The signer and presumably the author of this letter was re- 
 tained by the Commission as an investigator of mercantile estab- 
 lishments. The harm done by this constant agitation can not be 
 overestimated. 
 
 In reference to that portion of the report which refers to the 
 consolidation of building inspection in New York city I wish to 
 state that there have been many meetings of real estate and civic 
 organizations held to discuss the advisability of such a consolida- 
 tion and that it was practically the opinion of aU, with but one or 
 two exceptions, that such consolidation should be along borough 
 
 lines. 
 
 The Building Bureaus of the several boroughs are managed by 
 capable heads with practical experience and their employees, under 
 the charter must have had practical experience. It has, there- 
 fore, seemed to the associations previously referred to and real 
 estate men and builders generally, that it would be better to trans- 
 fer these jurisdictions and inspections to the bureaus already fully 
 equipped to handle them rather than to create a new city bureau 
 or to allow the Board of Estimate to rearrange city conamissions. 
 
 In fact, I cannot understand why the Commission, after hear- 
 ing the testimony, reported in favor of the plan submitted by the 
 mayor's committee. This latter plan is so indefinite and really 
 gives such little relief to a city in dire necessity that it should 
 not be considered. 
 
 The bill known as the Lockwood bill should be adopted, for this 
 alone provides the relief imperatively demanded by building and 
 real estate interests. 
 
 My objections to the report of my colleagues summarized are 
 
 as follows: 
 
 1. That it is not a recodification, but is a revision of the labor 
 law. 
 
 2. That the proposed additions to the law are drastic and in 
 many instances unnecessary and if enacted business and real 
 property interests will be seriously effected. 
 
 3. That the proposed bill does not give sufficient consideration 
 to the request and suggestions of witnesses who testified before the 
 Commission in relation to the requirements for factories and mer- 
 cantile establishments. 
 
 4. That the enlarging of the definition of the term " factory " 
 so that it will include almost every building in the State except 
 
 J 
 
 11 
 
. i 
 
 80 
 
 Report of Commissioit 
 
 those used exclusively for dwelling puiposes is contrary to the 
 purpose for which the law was intended. 
 
 5. The attempt to relieve conditions in reference to structural 
 changes in buildings, by stating that provisions of the law will 
 not apply where only four persons are employed in manufactur- 
 ing, is frustrated by the clause which gives to the Industrial Board 
 power to order any changes which it may require, regardless of 
 the number of people employed. 
 
 This change would make it impossible for an owner to know 
 from one day to another what the Industrial Board may demand. 
 
 6. That the bill allows the construction and alteration pro- 
 visions of the law to be varied by a board, whose members are 
 admittedly not experts in building construction. 
 
 7. That the new provision of the bill to make " the law flexible 
 in its application" gives the same board the right to specify 
 building material and forms of construction of buildings. It is 
 unwise to vest this enormous responsibility in persons who are 
 not experts. 
 
 In New York city this work is done by building experts in the 
 employ of the city and their work is reviewable by a Board of 
 Examiners, composed of experts on building construction. 
 
 The transfer of this jurisdiction I believe would be a serious 
 mistake. 
 
 8. That the provision which makes " an agent in charge of prop- 
 erty " criminally liable for failing to do something which he may 
 be unauthorized to do is unfair, and I believe unconstitutional. 
 
 9. That the provision re^iuiring the employment of not less than 
 125 inspectors regardless of the work to be done is not in accord 
 with business principles of economy. 
 
 10. That the bill should exempt cities of the first class, which 
 maintain building departments or bureaus, from its provisions 
 in all matters which relate to the construction or alteration of 
 buildings. This exemption might be extended to other cities 
 maintaining efficient building bureaus or departments. In New 
 York city there are building bureaus in each borough, the heads 
 of which are required to be builders or architects of at least ten 
 years' experience and the employees in these bureaus are experts 
 in building construction. The efficiency of the bureaus and the 
 capability of the employees are conceded facts. 
 
 The requirements in New York city are of high standard. 
 Health and life are adequately safeguarded. It would seem to be 
 
 Report of Comahssion 
 
 81 
 
 
 unfair to take away from New York city and other cities of the 
 first class the jurisdiction over the construction of its own build- 
 ings and place it in the State Department which is not as well 
 equipped to pass upon work involving vast sums of money yearly. 
 
 While the bill gives the labor law entire jurisdiction over the 
 construction and alteration of factory buildings, it empowers the 
 labor commissioner to demand that the local building bureaus 
 examine all plans filed in the labor department, and inspect and 
 report to it on all factory buildings constructed as to the require- 
 ments of all laws and ordinances, including the labor law. 
 
 This would impose upon the local building bureaus the burden 
 of doing all the work and assuming responsibility, but still leave 
 the control within the labor department. 
 
 It would seem unnecessary to maintain a building bureau within 
 a labor department in cities of the first class to duplicate work 
 now being done by the local bureaus. 
 
 A large saving to both the State and cities could be effected 
 ^y giving to the local building bureaus jurisdiction over building 
 construction. It would not only make a saving but would tend to 
 sfbp the much complained of over inspection and conflict. 
 
 The advantages which would accrue to the citizens and to the 
 State at large if home rule prevailed as to building construction 
 seems to me to be too apparent to require further discussion. That 
 the present law has done great injury and damage to property 
 rights, which the proposed new bill will not remedy is a fact gen- 
 erally admitted by all who have reason or occasion to follow the 
 operation of the law since its enactment. 
 
 My opinion is that the recodification bill as presented will prove 
 impracticable, unnecessarily increase the financial burdens of the 
 State, will harass the employer and employee and cause the owners 
 of real estate to spend unnecessarily vast sums of money. 
 
 In my opinion the Commission in its recommendations and, in 
 fact, in its entire work has, to some extent at least, proceeded 
 upon a wrong theory. They have allowed themselves to believe 
 that laborers are a distinct class and must be legislated for, pro- 
 tected and regulated, and that labor as a class cannot prosper and 
 flourish unless the strong arm of the State is stretched out to care 
 for it and protect it. 
 
 To my mind this is all wrong. We live in a representative 
 democracy and all are laborers. The employer of today is the 
 laborer of yesterday. Those who are drones are so few as not to 
 
82 
 
 Report of Commission 
 
 m 
 
 I J 
 
 be reckoned with and the sole duty of the State is to safeguard the 
 individual so that he can pursue his daily legitimate avocation 
 without let or hindrance. 
 
 I believe that this is the sole function of government and when 
 this is done and the individual member of the State is free to 
 pursue his daily work and is safeguarded against those who would 
 take from him his rights it has done all that it ought to do and 
 that the thousands of statutes passed upon the theory that there 
 must be governmental regulation and control with the community 
 divided into classes and each class given protection against the 
 other is all wrong and in the end will result in great injury. 
 
 I believe that the restrictive and regulative legislation that 
 has been enacted at Washington and in all the states has been less 
 in response to popular demand than as a result of self-seeking agi- 
 tators who have sought by stirring up strife between the employer 
 and employed to further their own ends. 
 
 The experience of the past proves conclusively that the best 
 government is the least possible government, that the unfettered 
 initiative of the individual is the force that makes a country great 
 and that this initiative should never be bound except where it 
 becomes a menace to the liberty and initiative of others. 
 
 Those laws that are said to be progressive are really reactionary 
 and belong rather to the days of so-called beneficent despotism 
 than to the era of representative government. 
 
 In conclusion I believe that this matter can be safely left to 
 the wisdom of the Legislature and that as a result of your de- 
 liberations wise and beneficent laws will be enacted. 
 
 LAURENCE M. D. McGUIRE. 
 
 REPLY TO DISSENTING REPORT OF LAURENCE M. D. 
 
 McGUIRE 
 
 The Commission's term of office expired on February 15, 
 1915, and on that day, pursuant to statute, it submitted its final 
 report to the Legislature. A copy of the dissenting report of Mr. 
 Laurence M. D. McGuire was not submitted to us until March 5, 
 1915. It contains various objections which were not made by Mr. 
 McGuire at dny time before the Commission submitted its report 
 to the Legislature. Hence, it is proper and necessary to resort to 
 the unusual method of replying to a dissenting report, in order that 
 the position of the Commission may be fully understood and cer- 
 tain misconceptions apt to arise from a reading of the dissenting 
 report, be cleared up. 
 
 The Commission was created in 1911 after the Triangle Waist 
 Co. fire in New York City, and, prior to its final report, sub- 
 mitted preliminary and intermediate reports to the Legislature in 
 1912, 1913 and 1914. These reports were accompanied by a series 
 of bills dealing with safety and sanitation in factories and mercan- 
 tile establishments, most of which were enacted into law. 
 
 In 1914 the Commission was continued to complete the recodifi- 
 cation of the Labor Law and an investigation of wages that had 
 been commenced the previous year. 
 
 Mr. McGuire, the dissenting member, was not appointed a mem- 
 ber of the Commission until July, 1914, when practically all of 
 the work of investigation of the Commission had been completed. 
 Mr. McGuire was then appointed by the Governor to succeed Mr. 
 Robert E. Dowling, who resigned in order to devote all of his time 
 to the work of the Workmen's Compensation Commission, of which 
 he became chairman. At the time of his appointment Mr. Mc- 
 Guire was and still is president of the Real Estate Board of New 
 York, as association of owners and representatives of real estate 
 in the city of New York. 
 
 With this preliminary statement, we shall proceed to a brief 
 discussion of the objections raised in the dissenting report. 
 
 [83] 
 
84 
 
 Report of ' Commission 
 
 i! 
 
 1 1^ 
 
 From that report it might appear that the dissenting commis- 
 sioner did not approve of the report of the Commission on the sub- 
 ject of wages and wage legislation. We are certain that Mr. 
 McGuire did not intend this erroneous impression to be conveyed, 
 for at the final meeting of the Commission and prior thereto he 
 announced his approval of the findings of the Commission and its 
 recommendations on that subject, and subsequently made a 
 written declaration to that effect. 
 
 We have no comment to make here concerning the dissent from 
 that section of the report dealing with the consolidation of depart- 
 ments having jurisdiction over buildings in the city of New York. 
 The reasons for the Commission's adoption of the recommenda- 
 tions of the Mayor's committee and its advocacy of a centralized 
 City Department of Buildings, as opjwsed to separate departments 
 in each borough, are fully set forth in our report to the L^slature. 
 
 We note the dissatisfaction expressed by Mr. McGuire at the 
 trend of l^slation all over the country. Federal and State, having 
 as its aim the betterment of working conditions. We have no 
 desire to dwell on these views further than to express the regret that 
 Mr. McGruire was not a member of the Commission when it con- 
 ducted its extensive and comprehensive investigations into working 
 conditions in industrial establishments in this State, based in part 
 upon personal inspections of factories and mercantile establish- 
 ments by members of the Commission. His attitude on these ques- 
 tions might, in that event, have been a little different. 
 
 It would serve no purpose to indulge in any discussion of the 
 generalities expressed by Mr. McGuire concerning the relation- 
 ship between labor and capital and the functions of government in 
 respect thereto, most of which are not pertinent to the work or 
 recommendations of the Commission. 
 
 Mr. McGuire in his report says : " It may be that my close con- 
 nection with business enables me to see matters affecting labor 
 and capital in a different light than that in which my associates 
 view them." From this the impression might be gathered that 
 business interests were not represented on the Commission. The 
 fact is, however, that all of the laws recommended by the Com- 
 
 Repoet of Commission 
 
 85 
 
 mission received the endorsement and were approved by Robert 
 E. Dowling, the president of the City Investing Company, one of 
 the largest and most prominent real estate men and contractors in 
 the city of New York; the late Simon Brentano, a well-known 
 merchant and publisher of the city; and Charles M. Hamilton, 
 now a Congressman and identified with large business interests all 
 over the country. The business and real estate interests were 
 therefore represented on the Commission and joined in the recom- 
 mendations which Mr. McG^xire now finds fault with. 
 
 In another section of his report Mr. McGuire ascribes the laws 
 recommended by the Commission and similar laws enacted all over 
 the country to what he terms " agitators," and fears for their effect 
 upon the welfare of workers in industrial establishments. Here 
 again the fact should not be overlooked that the interests of labor 
 were represented on the Commission by Samuel Gompers, the 
 president of the American Federation of Labor ; Mary E. Dreier, 
 president of the Women's Trade Union League; and Edward D. 
 Jackson, of Buffalo. 
 
 The most serious exception that we take to the dissenting report 
 is to that portion of it which deals with recodification of the Labor 
 Law. At the final meeting of the Commission and prior thereto, 
 Mr. McGuire interposed no objections to the recommendations of 
 the Commission on this subject although these recommendations 
 had been submitted in the form of a tentative bill some time prior 
 thereto, and had been discussed at several meetings at which Mr. 
 McGuire was present. Indeed, we have been informed by coun- 
 sel that after reading the Commission's report, Mr. McGuire 
 stated that he did not object to the section dealing with the recodi- 
 fication, because it was a recodification and not the enactment of 
 any new laws. 
 
 In making this statement, we do not suggest that Mr. McGuire 
 was not at liberty to change his views on this subject. We refer 
 to it simply as showing that the Commission had no opportunity 
 to discuss and consider the objections that Mr. McGuire now 
 makes and to deal with them in its report to the Legislature. 
 
 The dissenting report on this subject contains many statements 
 which are misleading, unintentionally so to be sure, but at the 
 same time they do not fairly and correctly set forth the scope and 
 contents of the recodification bill recommended by the Commission. 
 
l! 
 
 I 7 '. 
 
 11 
 
 86 
 
 Report of Commission 
 
 Mr. McGuire's objections to this bill are in themselves contra- 
 dictory. First he objects because the bill is not a recodification 
 of the Labor Law, but a revision (meaning presumably that the 
 bill contains changes of substance). Then he objects because a 
 number of important changes of substance were not made. 
 
 The bill presented by the Commission is in fact a recodification 
 of the Labor Law. There are no added requirements except that, 
 pursuant to a widespread demand from business men and real 
 estate interests all over the State, the powers of the Industrial 
 Board have been increased and the law made more flexible in its 
 application. The Industrial Board, under proper circiunstances, 
 was given the power to vary the requirements of the law in cases 
 where its application involved difficulties or unnecessary hardship. 
 
 Of course, where experience had shown that certain mandatory 
 requirements were unfair or unreasonable, they were eliminated. 
 Changes were also made where the provisions of existing law were 
 found to be inconsistent and ambiguous, but that is involved in 
 every work of recodification. It should be emphasized that what- 
 ever change has been made in the Labor Law has been by way of 
 minimizing and making lees burdensome, but not in any way 
 adding to its requirements. 
 
 The statement that Mr. McGuire makes " That the proposed 
 additions to the law are drastic and in many instances unnecessary 
 and if enacted real estate and business interests will be seriously 
 affected," is not supported by the facts. Nor does Mr. McGuire 
 himself specify what additional requirements are made by the 
 recodification. 
 
 The next objection of any consequence that Mr. McGuire makes 
 is objection 4, as follows: 
 
 " That the enlarging of the definition of the term * factory ' 
 so that it will include almost ever^^ building in the state ex- 
 cepting those used exclusively for dwelling purposes, is con- 
 trary to the purpose for which the laws was intended." 
 
 We shall consider this objection in connection with objection 
 5, which relates to the definition of factory. 
 
 Here again, the recommendations of the Commission are not 
 correctly set forth. The recodification bill presented by the Com- 
 
 Report of Commission 
 
 87 
 
 mission does not enlarge the definition of factory and factory 
 building. The recodification limits the broad scope of those defini- 
 tions. For example, under the present law the term " factory " 
 is defined as follows : 
 
 " The term * factory ' includes any mill, workshop, or other 
 manufacturing or business establishment and all buildings, 
 sheds, structures or other places used for or in connection 
 therewith, where one or more persons are employed at labor." 
 
 The change in the definition of a factory recommended by the 
 Commission is as follows: 
 
 " The term * factory ' includes any mill, workshop, or other 
 manufacturing establishment and all buildings, sheds, struc- 
 tures or other places used for or in connection therewith, 
 where one or more persons are employed at manufacturing, 
 including making, altering, repairing, finishing, bottling, 
 canning, cleaning or laundering any article or thing, in whole 
 or in part." 
 
 In other words, under the law recommended by the Commission, 
 only a manufacturing establishment is to be deemed a factory, 
 whereas under the present law any business establishment where 
 one or more persons are employed at any kind of labor might con- 
 ceivably come within the scope of the definition. The Commis- 
 sion went further, however, and recommended the following 
 provision: 
 
 " The provisions of this chapter affecting structural changes 
 and alterations and the installation of fixtures and apparatus 
 other than for the safeguarding of machinery shall not apply 
 to factories or to any building, sheds, structures or other 
 places used for or in connection therewith where less than 
 five perons are employed at manufacturing except as pre- 
 scribed by the industrial board in its rules." 
 
 It is not correct to say either that the recommendations of the 
 Commission enlarged the definition of factory building. The fact 
 is that that definition is limited in the recodification of the Labor 
 Law bill. The present law defines the term " factory building " 
 as follows : 
 
fl 
 
 88 Report of Commission 
 
 " The term ' factory building ' means any building, shed 
 or structure which, or any part of which, is occupied by or 
 used for a factory." 
 
 The law recommended by the Commission adds the following 
 qualification : 
 
 " and in which at least one-tenth of all the persons employed 
 in the building are engaged in work for a factory but shall 
 not include a building used exclusively for dwelling purposes 
 above the first story." 
 
 Surely, this does not enlarge the old definition of a factory 
 building. The last clause, to which Mr. McGuire seems to take 
 exception, was added at the special request of owners of tenement 
 houses in New York City having factories on the first story only, 
 to exempt such buildings from the requirements of the Factory 
 Law. 
 
 The power granted to the Industrial Board to specify additional 
 materials and forms of construction other than those mentioned in 
 the statute, to which Mr. McGuire now objects, was conferred pur- 
 suant to unanimous demand of business men throughout the State, 
 because of the fact that new materials as good as those specified 
 in the law are constantly being put upon the market. 
 
 Mr. McGuire makes the objection that the recodification has a 
 requirement that there shall be not lees than one hundred and 
 twenty-five factory inspectors, regardless of the work to be dona 
 That is not new matter contained in the recodification ; that was 
 in the old law. The Commission has not enlarged it in the recodi- 
 fication in any way. Besides, it should be borne in mind that this 
 applies to a State department and that the Legislature is at all 
 times free, because of its control over appropriations, to reduce the 
 number of inspectors in any way it determines to be advisable. 
 
 Mr. McGuire also objects because the recodification does not 
 exempt the cities of the first class, IS'ew York, Buffalo and Roches- 
 ter, from the requirements of the Labor Law in so far as they deal 
 with the construction and alteration of factories and factory build- 
 ings. Of course, no such change was made because that would 
 have been a most vital change in the substance of the law and 
 
 Report of Commission 
 
 89 
 
 1 
 
 would have repealed some of the important provisions of the Labor 
 Law relating to fire hazard and safety in factory buildings so far 
 as the cities of the first class were concerned. That certainly was 
 not a matter that came within the scope of any recodification bill. 
 
 Mr. McGHiire makes a number of other minor objections to the 
 recodification but most of these refer to provisions in the present 
 law which have not been changed in any way and if any change is 
 required, it should be by way of the introduction of a new bill. 
 
 To sum up, the recodification makes no added requirements to 
 the law. It seeks to make the law more flexible, to give the In- 
 dustrial Board more power to meet difficult conditions and removes 
 inconsistencies and ambiguities. There is nothing in the law from 
 which it can be said that there would be any increased expense to 
 the State. 
 
 We regret to have to go over these matters in this way. If these 
 objections had been presented to us in time, they could have been 
 more adequately dealf with in the report submitted on February 
 15 th. 
 
 We regret very much that Mr. McGuire has seen fit in his dis- 
 senting report to make statements reflecting on the connection with 
 the work of the commission of Miss Frances Perkins, the secre- 
 tary' of the Committee of Safety of the City of New York. Miss 
 Perkins i-eceived no compensation for her services, and Mr. 
 McGuire was informed of that fact. She volunteered to do some 
 work for the Conamission in connection with the fire hazard in 
 mercantile establishments, and Mr. McGuire in his report does 
 not indicate that her work in this connection was in any way un- 
 satisfactory or inaccurate. The findings and recommendations 
 of the mercantile fire hazard investigation were submitted to the 
 Engineer of the Commission and were endorsed by experts. 
 
 Robert F. Wagner, 
 
 Alfred E. Smith, 
 
 Mary E. Dreier, 
 
 Samuel Gompers, 
 
 Edward D. Jackson. 
 Abram I. Elkus, 
 
 Bernard L. Shientag, 
 
 Counsel, 
 
APPENDIX 1 
 
 BILLS RECOMMENDED BY COMMISSION 
 
 1. Recodification of Labor Law. 
 
 2. Wage Commission. 
 
 3. Consolidation of Departments Inspectino Buildincjs 
 
 IN New York City. 
 
 [91] 
 
RECODIFICATION OF LABOR LAW 
 
 AN ACT 
 
 To amend the labor law, generally, and to amend the education 
 law, the general corporation law and the partnership law, by 
 transferring thereto certain sections of the labor law, and to 
 amend the penal law, in relation to penalties for violations 
 of the provisions of the labor law, and to enact a new chap- 
 ter of the consolidated laws by transferring thereto the pres- 
 ent provisions of the labor law relating to employers' lia- 
 bility. 
 
 The People of the State of New York, represented in Senate 
 and Assembly, do enact as follows: 
 
 Section 1. Chapter thirty-six of the laws of nineteen hundred 
 and nine, entitled "An act relating to labor, constituting chapter 
 thirty-one of the consolidated laws," as amended, is hereby further 
 amended to read as follows: 
 
 CHAPTER XXXI OF THE CONSOLIDATED LAWS. 
 
 LABOK LAW. 
 
 [Article 1. Short title; definitions. (§§1-2.) 
 
 2. General provisions. (§§ 3-22.) 
 
 3. Department of labor. (§§ 40-48.) 
 3a. Industrial board. (§§ 50-52.) 
 
 4. Bureau of inspection. (§§ 53-61.) 
 
 5. Bureau of statistics and information. 
 
 6. Factories. (§§ 68-69a.) 
 
 7. Tenement-made articles. (§§ 100-106.) 
 
 8. Bakeries and confectioneries. (§§ 110-117.) 
 
 [931 
 
 (§§ 62-65.) 
 
(§§ 220- 
 (§§ 240- 
 
 94 Appendix I — Bills Submitted to the Leoislaturb 
 
 9. Mines, tunnels and quarries and their inspection. 
 (§§ 119-136.) 
 
 10. Bureau of mediation and arbitration. (§§ 140- 
 
 148.) 
 
 11. Bureau of industries and immigration. (§§ 151- 
 
 156a.) 
 
 12. Employment of women and children in mercantile 
 
 establishments. (§§ 160-173.) 
 
 13. Convict-made goods and duties of commissioner of 
 
 labor relative thereto. (§§ 190-195.) 
 
 14. Employer's liability. (§§ 200-212.) 
 
 14a. Workmen's compensation in certain dangerous em- 
 ployments. (§§ 215-219g.) 
 16. Employment of children in street trades. 
 
 227.) 
 16. Laws repealed; when to take effect. 
 
 241.)] 
 Article 1, Short title; definitions. (§§ 1-2.) 
 
 2. The department of labor, (§§ 10-1S2.) 
 
 5, General provisions, (§§ H0-H8,) 
 
 J^. Employment of children and females. (§8 160-176.) 
 
 6. Hours of labor, (§§ 180-206,) 
 
 6. Payment of wages, (§§ 210-212.) 
 
 7. Public work. (§§ 215-219.) 
 
 8. Immigrant lodging-houses. (^% 225-228,) 
 
 9. Building construction and repair work. (§§ 230- 
 
 232,) 
 
 10, Factories, (§§ 235-286,) 
 
 11, Bakeries and manufacture of food products. 
 
 (§§ 295-303,) 
 
 12, Tenement-made articles, (§§ 310-S26.) 
 
 15. Mercantile establishments, (§§ 335-351.) 
 
 U, Mines, tunnels and quarries; employment in com- 
 pressed air, (§§ 370-397.) 
 
 15, Violations and penalties, (§§ ^05-1^06.) 
 
 16. Laws repealed, (§§ J^lO-Jfll.) 
 
 'm 
 
 ARTICLE 1. 
 
 SHOKT TITLE J DEFINITIONS, 
 
 Section 1. Short title. This chapter shall be known as the 
 " Labor Law." 
 
 Appendix I — Bills Submitted to the Legislatitre 95 
 
 § 2. Definitions. 1, Whenever used in this chapter: 
 [Employee.] The term "employee," [when used in this 
 chapter,] means a mechanic, workingman or laborer who works 
 
 for another for hire. 
 
 [Employer.] The term " employer," [when used in this 
 chapter,] means the person employing any such mechanic, work- 
 ingman or laborer, whether the owner, proprietor, agent, superin- 
 tendent, foreman or other subordinate. 
 
 [Factory; work for a factory.] The term " factory," [when 
 used in this chapter, shall be construed to] includes any mill, 
 workshop, or other manufacturing [or business] establishment and 
 all buildings, sheds, structures or other places used for or in 
 connection therewith, where one or more persons are employed at 
 [labor,] manufacturing including making, altering, repairing, 
 finishing, bottling, canning, cleaning or laundering any article or 
 thing, in whole or in part, except power houses, generating plants, 
 bams, storage houses, sheds and other structures owned or opera- 
 ted by a public service corporation, other than construction or 
 repair shops, subject to the jurisdiction of the public service 
 commission under the public service commissions law. 
 
 The provisions of this chapter affecting structural changes and 
 alterations, and the installation of fixtures and apparatus other 
 than for the safeguarding of machinery shall not apply to factories 
 or to any buildings, sheds, structures or other places used for or 
 in connection therewith where less than five persons are employed 
 at manufacturing except as prescribed by the industrial board in 
 
 its rules. 
 
 [Work shall be deemed to be done for a factory within the 
 meaning of this chapter whenever it is done at any place, upon 
 the work of a factory or upon any of the materials entering 
 into the product of the factory, whether under contract or ar- 
 rangement with any person in charge of or connected with such 
 factory directly or indirectly through the instrumentality of one 
 or more contractors or other third persons.] 
 
 [Factory building.] The term "factory building," [when 
 used in this chapter,] means any building, shed or structure 
 which, or any part of which, is occupied by or used for a factory, 
 and in which at least one-tenth of all the persons employed in the 
 building are engaged in work for a factory but shall not include 
 a building used exclimvely for dwelling purposes above the first 
 story. The provisions of this chapter shall so far as prescribed 
 
 ¥\ 
 
Vi 
 
 i 
 
 ii 
 
 96 Appendix I — Bills Submitted to the Legiblatuke 
 
 hy the industriaX hoard in its rules, also apply to any huiMing, noi 
 a factory building within the meaning hereof, any part of which 
 is occupied hy or used for a factory, 
 
 [Mercantile establishment. J The term " mercantile establish- 
 ment," [when used in this chapter,] means any place where 
 goods, wares or merchandise are offered for sale. The provisions 
 of this chapter affecting structural changes and alterations, and 
 the installation of fixtures and apparatus shall not apply to mer- 
 cantile estahlishments where less than five persons are employed 
 excerpt as prescribed hy the industrial hoard in its rules. 
 
 The term " mercantile building " means any huUding, shed or 
 structure, (other than a factory huilding) which or any part of 
 which is occupied hy or used for a mercantile establishment and 
 in which at least twenty per centum of all the persons employed 
 in the huilding are engaged in work for a mercantile establish' 
 ment, hut shall not include a huilding used exclusively for dwell- 
 ing purposes above the first story. 
 
 [Tenement house. The term " tenement house," when used in 
 this chapter, means any house or building, or portion thereof, 
 which is either rented, leased, let or hired out, to be occupied, or 
 is occupied in whole or in part as the home or residence of three 
 families or more living independently of each other, and doing 
 their cooking upon the premises, and includes apartment houses, 
 flat houses and all other houses so occupied, and for the purposes 
 of this chapter shall be construed to include any building on the 
 same lot with any such teiicnicnt house and which is used for any 
 of the purposes specified in section one hundred of this chapter. 
 Whenever in this chapter authority is conferred upon the com- 
 missioner of labor, it shall also be deemed to include his deputies 
 or a deputy under his direction.] 
 
 The term '' department " means the department of labor of the 
 state of New York. 
 
 The term " commissioner '* means the commissioner of labor 
 of the state of New York. 
 
 The term '* rule " means any rule or regulation made by the 
 industrial board and any amendment or repeal thereof, 
 
 2. Prohibited employment, Vihenever the provisions of this 
 chapter prohibit the employment of a person in certain work or 
 under certain conditions, the employer shall not permit, suffer or 
 allow such person to so work, either with or without compensa- 
 tion, and in a prosecution or action therefor lack of consent or 
 knowledge (m the part of the employer shail be no defense. 
 
 Appendix I — Bills Submitted to the Legislature 97 
 
 S. Work for a factory. Work shall be deemed to be done for 
 a factory within the meaning of this chapter whenever it is done 
 at any place, upon the work of a factory or upon any of the 
 materials entering into the product of the factory, whether under 
 contract or arrangement with any person in charge of or con- 
 nected with such factory directly or indirectly through the in- 
 strumentality of one or more contractors or other third persons. 
 
 Note. — Subdivision 2 ig new and avoids the necessity of numerous repeti- 
 tions of the words " permitted," " suffered," or " allowed " to work. Sub- 
 division 3 is merely transposed from the earlier part of the section. The 
 definition of tenement house is transferred to § 310. 
 
 ARTICLE [3] 2. 
 
 THE DEPARTMBUT OF LABOR. 
 
 [Section 41. Commissioner of labor. 
 
 41. Deputy commissioners. 
 
 42. Bureaus. 
 
 43. Powers. 
 
 44. Salaries and expenses. 
 
 45. Branch offices. 
 
 46. Reports. 
 
 47. Old records. 
 
 48. Counsel.] 
 
 TITLE I. ORGAN IZATIOy, 
 
 Section 10, Commissioner of labor, 
 
 11, Appointment and removal of subordinate officers and 
 
 assistants; salaries. 
 
 12, Industrial board, appointment and salaries, 
 
 13, Seal, 
 IJf. Badges. 
 
 15, Industrial hoard, secretary and assistants. 
 
 16, Bureaus, 
 
 17, Branch offices. 
 
 18, Expenses, 
 
 TITLE II, INDUSTRIAL BOARD; POWERS AND DUTIES. 
 
 t^ection 25, Meetings of board. 
 
 26. Investigations. 
 
 27. Enactment of rules, 
 
 28, Special rules for dangerous trades. 
 
 29, Procedure; industrial code. 
 SO. Variations, 
 
 Vol. 1 — 4 
 
98 Appendix I — Bills Submitted to the Leoi8Latube 
 
 'I 
 
 TITLE III, COMMISSIONER OF LABOR; POWERS AND DUTIES. 
 
 iSrrllun 40, General duty to enforce labor laws, 
 41' Power to enter and inspect premises. 
 42, Examination of hooks and papers, 
 4S, Inspectors' reports, 
 
 44' Duty to furnish information and facilitate depart- 
 ment's inspections. 
 45. Interference ivith department prohibited. 
 46' Service of notice. 
 47' Reissuance of revoked licenses, 
 48' Commissioner to keep record and publish bulletin of 
 licenses, 
 
 49, Blanks to be prepared, 
 
 50, Annual report, 
 61, Seal. 
 
 52. Badges. 
 
 53. Destruction of old records, 
 
 54. Department's process to be in commissioners name. 
 
 55. Oaths and affidavits, 
 
 56. Hearings and subpoenas. 
 
 57. Proceedings before deputies or assistants, 
 
 58. Rules covering hearings. 
 
 TITLE IV. SUBORDINATE OFFICERS; POWERS AND DUTIES. 
 
 Section 65. Powers and duties of deputies. 
 66. Duties of counsel, 
 
 TITLE V. BUREAU OF INSPECTION, 
 Section 70, Bureau of inspection; divisions. 
 
 71, Inspector general, 
 
 72, Factory inspection districts; chief factory inspectors. 
 78, Supervising factory inspectors. 
 
 7^ Factory inspection subdistricts, 
 
 75, Special factory inspectors, 
 
 76, Assignment of factory inspectors, 
 
 77, Division of mercantile inspection, 
 
 78, Mercantile inspection districts, 
 
 79, Special mercantile inspectors. 
 
 80, Assignment of mercantile inspectorg. 
 
 81, Division of homework inspection, 
 
 82, Division of industrial hygiene, 
 
 83, Section of medical inspection. 
 
 iAiffiW^i'' v^\m I 
 
 Appendix I — Bills Submitted to the Legislature 99 
 
 TITLE VI, BUREAU OF STATISTICS AND INFORMATION. 
 
 Section 90, Bureau of statistics and information; divisions. 
 91, Powers and diUies of divisions, 
 
 TITLE VII. BUREAU OF MEDIATION AND ARBITRATION. 
 
 Section .^ Bureau of mediation and arbitration, 
 
 96. Board of mediation and arbitration^ 
 
 97. Mediation and investigation. 
 
 98. Procedure of board. 
 
 99. Arbitration by the board, 
 
 100. Decisions of board, 
 
 101. Submission of controversies to local arbitrators, 
 
 102. Consent; oath; powers of arbitrators, 
 
 103. Decisions of arbitrators, 
 
 TITLE VIII. BUREAU OF INDUSTRIES AND IMMIGRATION. 
 
 Section 110. Bureau of industries and immigration. 
 111. General powers and dulies. 
 
 TITLE IX, BUREAU OF EMPLOYMENT, 
 
 Section 120. Bureau of employment; offices. 
 
 121. Reports of superintendents. 
 
 122. Advisory committees. 
 
 123. Registration of applicants. 
 124* Advertising. 
 
 125. Service to be free, 
 
 126. Juveniles. 
 
 127. Cooperation of public employment offices, 
 
 128. Labor market bulletin. 
 
 129. Information from employment agencies. 
 
 130. Notice of strikes or lockouts. 
 
 131. Applicants not to be disqualified. 
 
 132. Penalties, 
 
 TITLE I. ORGANIZATION. 
 
 § [40] 10, Commissioner of labor. There shall continue to 
 be a department of labor, the head of which shall be the com- 
 missioner of labor, who shall be appointed by the governor 
 <P>y and J with the consent of the senate. [, and who] The 
 commissioner shall hold office for [a] the remainder of the term 
 of four years beginning on the first day of January of the year 
 
 \ 
 
 r 
 
 M 
 
 I. 
 
I' i 
 
 t 
 
 f 
 
 
 i»H 
 
 ')i 
 
 fri! 
 
 100 Appendix I — Bills Submitted to the Legislature 
 
 in which he is appointed^. He] and shall receive an annual 
 salary of eight thousand dollars. [He shall appoint and may 
 remove all officers, clerks and other employees in the department 
 of labor except as in this chapter otherwise provided.] 
 Note: — The last sentence is transferred to the next section. 
 
 § [54] 11. [[Inspectors. Factory inspectors 1.] Appoijit- 
 ment and removal of subordinate officers and assistants; salaries, 
 [Tliere shall be not less than one hundred and twenty-five factory 
 inspectors, not more than thirty of whom shall be women. Such 
 inspectors shall be appointed by the commissioner of labor and 
 may be removed by him at any time. The inspectors shall be 
 divided into seven grades. Inspectors of the first grade, of 
 whom there shall not be more than ninety-five, shall each re- 
 ceive an annual salary of one thousand two hundred dollars; 
 inspectors of the second grade, of whom there shall be not more 
 than fifty, shall each receive an annual salary of one thousand 
 five hundred dollars; inspectors of the third grade, of whom 
 there shall be not more than twenty-five, shall each receive an 
 annual salary of one thousand eight hundred dollars; in- 
 spectors of the fourth grade, of whom there shall be not more 
 than ten, shall each receive an annual salary of two thousand 
 dollars and shall be attached to the division of industrial 
 hygiene and act as investigators in such division; inspectors 
 of the fifth grade, of whom there shall be not more than nine, 
 one of whom shall be able to speak and write at least five European 
 languages in addition to English, shall each receive an annnnl 
 salary of two thousand five hundred dollars and shall act as 
 supervising inspectors; inspectors of the sixth .grade, of whom 
 there shall be not less than three and one of whom shall be a 
 woman, shall act as medical inspectors and shall each receive an 
 annual salary of two thousand five hundred dollars; inspectors 
 of the seventh grade, of whom there shall not be less than four, 
 shall each receive an annual salary of three thousand ^\e hundred 
 dollars ; all of the inspectors of the sixth grade shall be physicians 
 duly licensed to practice medicine in the state of New York. 
 Of the inspectors of the seventh grade one shall be a physician 
 duly licensed to practice medicine in the state of New York, 
 and shall be the chief medical inspector ; one shall be a chemical 
 engineer; one shall be a mechanical engineer, and an expert in 
 ventilation and accident prevention; and one shall be a civil en- 
 gineer, and an expert in fire prevention and building construction. 
 
 > 
 
 Appendix I — Bills Submitted to the Legislature 101 
 
 2. Mercantile inspectors. The commissioner of labor may ap- 
 point from time to time not more than twenty mercantile inspec- 
 tors not less than four of whom shall be women and who may 
 be removed by him at any time. The mercantile inspectors may 
 be divided into three grades but not more than five shall be of 
 the third grade. Each mercantile inspector of the first grade 
 shall receive an annual salary of one thousand dollars; of the 
 second grade an annual salary of one thousand two hundred 
 dollars ; and of the third grade an annual salary of one thousand 
 five hundred dollars.] The commissioner shall appoint and may 
 remove the following officers and assistants who shall have the 
 qualifications and receive the annual salaries herein stated after 
 their respective names of office: 
 
 1. A first deputy commissioner, who shall he the inspector gen- 
 eral, five thousand dollars, 
 
 2. A second deputy commissioner, who shall he the chief medv- 
 
 ator, forty-five hundred dollars. 
 
 3. A counsel, who shall he an attorney and coun^ellor-at-law of 
 this state, four thousand dollars. 
 
 J,. Assistants to the counsel, who shall he attorneys and counsel- 
 lors-at-law of this state, such sum as may he appropriated therefor. 
 
 6. A chief statistician, such sum as may he appropriated there- 
 for. 
 
 6. A chief investigator, who shall he the head of the hureau of 
 industries and immigration, such sum as may he appropriated 
 therefor. 
 
 7. A director, who shall he the head of the hureau of employ- 
 ment, such sum as may he appropriated therefor. 
 
 8. A superintendent of each public employment office estab- 
 lished by the commissioner, such sum as may be appropriated 
 
 therefor. 
 
 9. Two chief factory inspectors, each four thousand dollars. 
 
 10. A chief mercantile inspector, not exceeding four thousand 
 
 dollars. 
 
 lU Not less than one hundred and twenty-five factory vn- 
 spcctors, of whom not more than thirty shall he women, divided 
 into seven grades as follows: 
 
 a. Not more than ninety-five of the first grade, each twelve 
 
 hundred dollars. 
 
 h. Not more than fifty of the second grade, each fifteen huv 
 
 dred dollars. 
 
 4 
 
103 
 
 Appendix I — Bills Submitted to the Leoislature 
 
 I 
 
 c. Not more than twenty-five of the third grade, each eiah- 
 teen hundred dollars, ^ 
 
 d Not more than ten of the fourth grade, each two thow 
 sand dollars, 
 
 ^'/ojmore than nine of the fifth grade, each twenty^five 
 hundred dollars, 
 
 f. Not less than three of the sixth grade, one of whom shall 
 be a woman and all of whom shall be physicians duly licensed 
 dolllrs ^^^^*'w« in this state, each twenty-five hundred 
 
 g. Not less than four of the seventh grade, one of whom 
 shall be a physician duly licensed to practice medicine in this 
 state, one a chemical engineer, one a mechanical engineer and 
 an expert tn ventilation and accident prevention, and one a 
 ctvU engineer and an expert in fire prevention and buOdina 
 construction, each thirty-five hundred dollars, 
 
 7 ^^L ^^^i ^^^ ^^^^ ^^^"^^2/ mercantile inspectors, of whom not 
 less than four shall be women, divided into two grades as follows: 
 
 a. The first grade, twelve hundred dollars, 
 
 b. The second grade, fifteen hundred dollars, 
 
 IS, Such number of special investigators as may be necessary to 
 carry into effect the powers of the bureau of industries and immi- 
 gration, divided into two grades as follows: 
 
 a. The first grade, twelve hundred dollars, 
 
 b. The second grade, fifteen hundred dollars. 
 
 H- All other officers, clerks, assistants and employees in the de- 
 partment except as in this chapter otherwise provided, 
 
 fpr^oH^'T*^^® sections in the old law from which provisions have been trans- 
 
 factory inspecW §1^^^ t^ntf J^^^^^^^^^ Z^^^H' 
 
 mtcttt fnsTe?ri*rrb 'i ''' '^^^^^^^^^^ H sZl; 
 
 ofTicers, g ^J"'?^*^*^"' § ^' «"fe- 2; special investigator. § 152; all other 
 
 The provision of § 54 that inspectors of the fifth irrade shall act a> snnpr 
 
 :rrhf sTx;Va"e^:hii, ir °' *'.^ "r ^*"- ^^^ p-vtifn1ha"^nVct'o7: 
 
 ui ine sixtn grade shall act as medical inspectors is in f 83 of the new law 
 rn^^':::^^t!::^Z^^ - ^- than*twent^,tstrd ^not 
 
 § [50] 12, iDdustrial board; [organization] appointment ami 
 salaries, [1.] There shall be an industrial board, to consist 
 of the commissioner [of labor,] who shall be chairman [of tho 
 
 Appendix I — Bills Submitted to the Legislature 103 
 
 board,] and four [associate] members who [The associate mem- 
 bers] shall be appointed by the governor [by and] with the con- 
 sent [and advice] of the senate. Of the [associate] members 
 other than the commissioner first appointed, one shall hold office 
 until December first, nineteen hundred and fourteen, one until 
 December first, nineteen hundred and fifteen, one until December 
 first, nineteen hundred and sixteen, and one until December first, 
 nineteen hundred and seventeen. Upon the expiration of each 
 of paid terms, the term of office of each [associate] sv/^h member 
 thereafter appointed shall be four years from the first day of 
 December. Vacancies shall be filled by appointment for the un- 
 expired term. The [associate] members other than the comr 
 invisioner, shall each receive [a] an annual salary of three thous- 
 and dollars [a year] and each of said [associate] members shall 
 be paid his reasonable and necessary traveling and other expenses 
 while engaged in the performance of his duties in the manner 
 provided in section [forty-four] eighteen of this chapter. 
 
 [2. The board shall appoint and may remove a secretary who 
 shfdl receive a salary to be fixed by the board. The commissioner 
 of labor shall detail, from time to time, to the assistance of the 
 board, such employees of the department of labor as the board 
 may require. In aid of its work, the board is empowered to em- 
 ploy experts for special and occasional services, and to employ 
 necessary clerical assistants. The counsel to the department of 
 
 labor shall be counsel to the board without additional compensa- 
 tion. 
 
 3. The board shall hold stated meetings, at least once a month 
 during the year at the office of the department of labor in the city 
 of Albany or in the city of New York and shall hold other meet- 
 ings at such times and places as the needs of the public service 
 may require, which meetings shall be called by the chairman or 
 by any two associate members of the board. All meetings of tho 
 board shall be open to the public. The board shall keep minutes 
 of its proceedings showing the vote of each member upon every 
 question and records of its examinations and other official action.] 
 
 Note. — Subdivision 2 of § 50, except the last sentence, is made new § 65. 
 The last sentence of subdivision 2 of § 50 is in new § 66. Subdivision 3 of 
 I 50 is in new section 25. 
 
 § IS, Seal, The industrial board may adopt a seal and require 
 that it he used for the authentication of the board's orders and 
 
¥ 
 
 |-|i 
 
 3 1 
 
 M 
 
 I 
 
 > 
 
 104 AppENmx I — Bills SrBMiTTED to the Leoislatiee 
 
 proceedings and for ^ch other purposes as the hoard may pre- 
 scribe. The courts shall take judicial notice of such seal and of 
 the signatures of the chairman and secretary of the hoard. 
 Note. — New section. 
 
 § U. Badges. The industrial hoard may procure hadges for 
 Us memhers and secretary and for its mhordinates and require 
 theTr drdie^'^ ^^ '^ suhordimies while in the performance of 
 
 Note.— New section. 
 
 J 15. Industrial hoard; secretary and assutants. The hoard 
 .^M appoint and may remove a secretary and shall fix his salary. 
 In the performance of its duties the hoard may employ experts 
 forspecvaland occasional services and necessary clerical assiJtanis 
 and such vf^pectors and investigators as it may need to carry out 
 lisfunctwm. The commissioner shall detail, from time to time, 
 to the a^tance of the hoard, such employees of the department 
 as me board may require, 
 
 rfiLP/? i » ^"T'- ^^* department [of laborj shall have 
 .rTVt' f'^Jf^'^'^J"'^^' Ia« follows] : Inspection ; statistics 
 r«i^l T?-""' C«.'°Pl«y='«°t3 "mediation and arbitration; 
 gnd] industries and immigration, employment and [There shall 
 be] such other bureaus [in the department of labor] as the com- 
 
 ^r /?f f^"^ """^ ^"^ "^«««"^- Each bureau and 
 irr i f\f'P^'^^'>^t ''^ <^« persons in charge thereof shall 
 
 !ir^^''it .*"^r^^" ""^ '^*^«"''''»* "/ '*« commissioner, 
 and m addttwn to their respective duties as prescrihed hy this 
 
 ttmT a ^"^^ ""'^ '^^"' '^«''^* *" "^y ^^ -^ied to 
 them by the commissioner, y •-^ 
 
 Note.- Last sentence added to cover frequent repetitions. 
 
 eatfhS)?"! i^' ^^T^ u^'^- ^^^ commissioner [of labor] shall 
 establish and mamtam branch offices of the department in [the 
 ^ty of] New York c% and in such other cities of the stat^ as he 
 my deem advisab e. [Such b]Z?ranch offices shall, subject to the 
 
 Z^ T r^ ^'T^'^ '^ '^' commissioner [of labor], be in 
 unmediate charge of such officials or employeJ^ as the c;mmis. 
 
 Appendix I — Bills Submitted to the Legislatube 105 
 
 sioner [of labor] may designate. [The reasonable and neces- 
 sary expenses of such offices shall be paid as are other expenses 
 of the commissioner of labor.] 
 
 § [44] 18, [Salaries and e]i7xpenses. All necessary expenses 
 incurred by the commissioner [of labor] and the industrial board 
 in the discharge of [his] their duties shall be paid by the state 
 treasurer upon the warrant of the comptroller issued upon proper 
 vouchers therefor. The reasonable and necessary traveling and 
 other expenses of the memhers of the industrial hoard, the 
 deputy commissioners, [their assistants,] the [agents and] 
 statisticians, the chief factory inspectors, the factory inspectors, 
 industrial hoard inspectors and investigators, chief investigator, 
 the special investigators, the chief mercantile inspector, mercan- 
 tile inspectors, and other [field] officers, clerks, assistants and 
 employees of the department while engaged in the performance 
 of their duties shall be paid in like manner upon vouchers ap- 
 proved by the commissioner [of labor] and audited by the comp- 
 troller. 
 
 Note.— The last Bentence of old § 50, sub. 1, in relation to the members of 
 the industrial board has been covered by this section. 
 
 TARTICLE 3-A.] ^^^^^ ^^- iyi>^^8TRiAL board; powers avd 
 
 DUTIES, 
 
 [Section 50. Industrial board ; organization. 
 
 51. Jurisdiction of board. 
 
 52. Rules and regulations; industrial code.] 
 
 § 25, Meetings of hoard. The industrial hoard shall hold stated 
 meetings, at least once a month at the office of the department in 
 Albany or in New York city, and shall hold other meetings when 
 and where called hy the chairman or two members of the hoard. 
 All meetings of the hoard shall he open to the public. The hoard 
 shall keep records of its investigations and other official actions, 
 and minutes of its proceedings showing the vote of each member 
 upon every question. 
 
 Note.— Taken from old § 50, sub. 3. 
 
 § [51. Jurisdiction of board.] 26, Investigations, [The board 
 shall have power: (1) To make investigations concerning and 
 report upon all matters touching the enforcement and effect of 
 
II 
 
 . r. 
 
 t 
 
 166 AppEimix 1 — Bills SuBirtTTfiD to the Leoislatube 
 
 the provisions of this chapter and the rules and regulations made 
 by the board thereunder, and in the course of such investigations, 
 each member of the board and the secretary shall have power to 
 administer oaths and take affidavits. Each member of the board 
 and the secretary shall have power to make personal inspections 
 of all factories, factory buildings, mercantile establishments and 
 other places to which this chapter is applicable. 
 
 (2) To subpoena and require the attendance in this state of 
 witnesses and the production of books and papers pertinent to 
 the investigations and inquiries hereby authorized and to examine 
 them in relation to any matter which it has power to investigate, 
 and to issue commissions for the examination of witnesses who 
 are out of the state or unable to attend before the board or excused 
 from attendance. 
 
 (3) To make, alter, amend and repeal rules and regulations for 
 carrying into effect the provisions of this chapter, applying such 
 provisions to specific conditions and prescribing specific means, 
 methods or practices to effectuate such provisions. 
 
 (4) To make, alter, amend or repeal rules and regulations for 
 guarding against and minimizing fire hazards, personal injuries 
 and disease, with respect to (a) the construction, alteration, equip- 
 ment and maintenance of factories, factory buildings, mercantile 
 establishments and other places to which this chapter is applicable, 
 including the conversion of structures into factories and factory 
 buildings; (b) the arrangement and guarding of machinery and 
 the storing and keeping of property and articles in factories, factory 
 buildings and mercantile establishments ; (c) the places where and 
 the methods and operations by which trades and occupations may 
 be conducted and the conduct of employers, employees and other 
 persons in and about factories, factory buildings and mercantile 
 establishments; it being the policy and intent of this chapter that 
 all factories, factory buildings, mercantile establishments and 
 other places to which this chapter is applicable, shall be so con- 
 structed, equipped, arranged, operated and conducted in all re- 
 spects as to provide reasonable and adequate protection to the 
 lives, health and safety of all persons employed therein and that 
 the said board shall from time to time make such rules and regula- 
 tions as will effectuate the said policy and intent. 
 
 § 52. Rules and regulations; industrial code. 1. The rules and 
 regulations adopted by the board pursuant to the provisions of this 
 
 
 
 Appendix I — Bills Submitted to the Legislature 107 
 
 chapter shall have the force and effect of law and shall be enforced 
 in the same manner as the provisions of this chapter. Such rules 
 and regulations may apply in whole or in part to particular kinds 
 of factories or workshops, or to particular machines, apparatus or 
 articles; or to particular processes, industries, trades or occupa- 
 tions; and they may be limited in their application to factories 
 or workshops to be established, or to machines, apparatus or other 
 articles to be installed or provided in the future. 
 
 2. At least three affirmative votes shall be necessary to the adop- 
 tion of any rule or regulation by the board. Before any rule or 
 regulation is adopted, altered, amended or repealed by the board 
 there shall bo a public hearing thereon, notice of which shall be 
 published not less than ten days, in such newspapers as the board 
 may prescribe. Every rule or regulation and every act of the 
 board shall be promptly published in bulletins of the department 
 of labor or in such newspapers as the board may prescribe. The 
 rules and regulations, and alterations, amendments and changes 
 thereof shall, unless otherwise prescribed by the board, take effect 
 twenty days after the first publication thereof. 
 
 8. The rules and regulations which shall be in force on the 
 first day of January, nineteen hundred and fourteen, and the 
 amendments and alterations thereof, and the additions thereto, 
 shall constitute the industrial code. The industrial code may 
 embrace all matters and subjects to which and so far as the power 
 and authority of the department of labor extends and its applica- 
 tion need not be limited to subjects enumerated in this article. 
 The industrial code and all amendments and alterations thereof 
 and additions thereto shall be certified by the secretary of the board 
 and filed with the secretary of state.] The hoard shall have power 
 to make investigations concerning and report upon the conditions 
 of lahor generally and upon all matters relating to the enforcement 
 and effect of the provisions of this chapter and the rules of the 
 hoard. Each memher of the hoard, and the secretary shall have 
 power to administer oaths and take affidavits and to make per- 
 8<mal inspections of all places to which this chapter applies. The 
 hoard shall have power to svbpoena and require the attendance of 
 witnesses and the production of hooks and papers pertinent to the 
 investigations and inquiries herehy authorized, and to examine 
 them in relation to any matter which it has power to investigate, 
 and to issue commissions for the examination of witnesses who are 
 
 
108 
 
 Appendix I — Bills Submitted to the Legislature 
 
 III! 
 
 ■■ J 
 
 out of the state or unable to attend before the board, or excused 
 from attendance. 
 
 Note. — First sentence taken from S 51, sub. 1. The remainder taken from 
 fi 61, sub. 2. Section 51, sub. 3, is made new f 27, sub. 1. Section 51, sub. 
 4, is made new § 27, sub. 2. Section 52, first sentence, is made new S 27, 
 sub. 4. Section 52, sub. 1, second sentence made new | 27, sub. 3. Section 52, 
 sub. 2, covered by new f 28; also | 52, sub. 3, first sentence. Section 52, sub. 3, 
 second sentence covered by new f 27. Section 52, sub. 3, third sentence, 
 covered by new § 28. 
 
 § 27, Enactment of rules, 1, The board shall have power to 
 make, amend and repeal rules for carrying into effect the pro- 
 visions of this chapter, applying such provisions to specific 
 conditions and prescribing means, methods or practices to 
 effectuate such provisions, and may amend or repeal rules and 
 regulations heretofore prescribed by the commissioner with refer- 
 ence to mines, tunnels and quarries and employment in com- 
 pressed air. Such rules and regulations heretofore prescribed by 
 the commissioner shall continue in force until amended or ro- 
 pealed by the industrial board, 
 
 2, The board shall have power to make, amend and repeal rules 
 for proper sanitation in all places to which this chapter applies, 
 and for guarding against and minimizing fire hazards, personal inr 
 juries and diseases in all places to which this chapter applies with 
 respect to 
 
 a. The construction, alteration, equipment and maintenance 
 of all such places, including the conversion of structures into 
 factories, factory buildings and mercantile establishments; 
 
 b. The arrangement and guarding of machinery and the 
 storing and keeping of property and articles; 
 
 c. The places where and the methods and operations by 
 which trades and occupations may be conducted and the con- 
 duct of employers, employees and other persons; 
 
 It being the policy and irdent of this chapter that all places to 
 which it applies shall be so constructed, equipped, arranged, 
 operated and conducted in all respects as to provide reasonable 
 and adequate protection to the lives, health and safety of all per- 
 sons employed therein, and frequenting the same, and that the 
 board shall from time to time make such rules as will effectuate 
 such policy and intent. 
 
 3, The rules may be limited in their application to certain 
 clauses of establishments, places of employment, machines, ap- 
 
 Appendix J — Bills Submitted to the Legislature 109 
 
 paratus, articles, processes, industries, trades or occupations or 
 may apply only to those to be constructed, established, installed or 
 provided in the future, 
 
 J^, The rules of the board shall have the force and effect of law 
 and shall be enforced in the same manner as the provisions of this 
 chapter, 
 
 6. No provision of this chapter specifically conferring power 
 on the industrial board to make rules shall limit the powers con- 
 ferred by this section, 
 
 Xote.— Sub. 1 is taken from old § 51, sub. 3, except the portion relating to 
 mines and tunnels, which is adapted from old § 119. Sub. 2 is taken from § 51, 
 Bub. 4. (See also Labor Law, § 81, § 79-f, sub. 11.) Sub. 3 is taken from 
 I 62, rab. I, Svb. 4 is taken from § 52, sub. 1. Sub. 5 is taken from § 52, 
 Mb. t. 
 
 I [M] $8. 8p§eM mte for [D](fangerous trades and 
 proeemeM, Whenever the industrial board [shall] finds [as a 
 result of its investigations] that any industry, trade or occupa- 
 tion or process [by reason of the nature of the materials used 
 therein or the products thereof or by reason of the methods or 
 processes or machinery or apparatus employed therein or by 
 reason of any other matter or thing connected with such industry, 
 trade or occupation, contains] involves such elements of danger 
 to the lives, health or safety of persons employed therein as to 
 require special regulation for the protection of such persons, the 
 [said] board shall have power to make [such]: special rules 
 [and regulations as it may deem necessary] to guard against 
 such elements of danger by establishing requirements as to tem- 
 perature, humidity, the removal of dusts, gases or fumes and re- 
 quiring licenses to be applied for and issued by the commissioner 
 [of labor] as a condition of carrying on any such industry, trade 
 or occupation or process and requiring medical inspection and 
 supervision of persons employed and applying for employment, 
 and by other appropriate means. 
 
 § 29. Procedure; industrial code. The rules of the board shall 
 constitute the industrial code. At least three affirmative votes 
 shall be necessary for the adoption, amendment or repeal of any 
 rule. Before any rule is adopted, amended or repealed, there shall 
 be a public hearing thereon, notice of which shall be published at 
 least once, not less than ten days prior thereto, in such newspapers 
 as the board may prescribe and in tho city of New York in the 
 
110 Appendix I — Bills Submitted to the Leolslature 
 
 City Record. Every rule adopted, every amendment or repeal 
 thereof and every act of the hoard shall he promptly puhlished in 
 the hulletins of the department and in the City Record in the city 
 of New York. The rules and all amendments and repeals thereof 
 shall unless otherwise prescrihed hy the hoard, take effect twenty 
 days after the first publication thereof, and every rule and every 
 amendment or repeal thereof shall he certified hy the secretary of 
 the hoard and filed tvith the secretary of state. 
 
 Be^tionV^^t f "* «*^"*^"*^f " *»>en from old § 52, sub. 3. The balance of the 
 
 is taken frSliJf* sentence ,8 taken from f 52. sub 2. The last sentence 
 
 vJt n°. . ' ^^' *"^- ^' Provision for publication in City Record, New 
 xoFK v^iiy, 18 new. 
 
 § 30. Variations. If there shall he practical difficulties or unr 
 necessary hardship in carrying out any provision of this chapter, 
 or rule adopted hy the industrial hoard thereunder, affecting the 
 construction or alteration of huildings, the installation of fixtures 
 and apparatus, or the safeguarding of machinery and prevention 
 of accidents, the industrial hoard shall have power to make a varia- 
 tion from such requirements if the spirit of the provision or rule 
 shall he ohserved and puhlic safety secured. Any person affected 
 hy such provision or rule, or his agent, may petition the hoard 
 for such variation stating the grounds therefor. The hoard shall 
 fix a day within a reasonable time for a hearing on such petition 
 and give notice thereof to the petitioner who may appear in person 
 or hy agent or attorney. If the hoard shall permit such variation 
 it shall he in the form of a resolution and such variation shall 
 apply to all huildings, installations or conditions where the facts 
 are substantially the same as those stated in the petition. Such 
 resolution shall contain a description of the conditions under which 
 such variation shall he permitted and shall he puhlished in the 
 manner provided for rules of the hoard. A record of all such 
 variations shall he kept in the office of the industrial hoard and 
 shall he properly indexed under section numbers of the law or 
 industrial code to which each variation applies, and shall he open 
 to puhlic inspection during business hours. 
 
 ,^^°*®:7-'^»« P^<*vi8ion is new and confers on the industrial board sub- 
 stantially the same powers as are conferred on the board of examiners of 
 buildings by | 410 of the Greater New York charter. 
 
 TITLE in. COMMISSIONER OF LABOR; POWERS AND DUTIES. 
 § ^0. General duty to enforce labor laws. The commissioner 
 shall enforce all the provisions of this chapter and the rules of 
 
 
 Appendix I — Bills Submitted to the Legislature 111 
 
 the industrial hoard except as in this chapter otherwise provided. 
 He may also enforce any lawful municipal ordinance, by-law 
 or regulation not in conflict with the provisions of this chapter 
 or the rules of the industrial board relating to any place affected 
 hy the provisions of this chapter. The commissioner may call 
 upon other state or local officers of hoards or departments of 
 health to secure the enforcement of the provisions of this chapter 
 in so far as they relate to establishments other than factories 
 specified in section one hundred and sixty, and for that purpose 
 such state or local officers or boards of health shall have all of the 
 powers conferred upon the commissioner by this chapter. 
 
 Note.— First sentence derived from clause in §§ 21, 56, 49 and 120 of the 
 old law. Second sentence taken from old § 59, sub. 5. Last sentence is new. 
 
 S 41, Power to enter and inspect premises. The commissioner 
 or his deputies and assistants shall inspect every place which is, 
 or which they may have reasonable cause to believe is, affected by 
 the provisions of this chapter and he and his depvJties and assist- 
 ants ma/y, in the discharge of their duties, enter any such place. 
 
 Note. — Covers various provisions scattered through the law, including 
 f 56, subs. 3 and 4; f 59, subs. 3 and 4; § 64, § 100, sub. 5 and § 136. 
 
 § 42. Examination of hooks and papers. All books, papers, 
 records or other documents required to be kept by the provisions 
 of this chapter or the rules of the industrial board, shall at all 
 times be open to the inspection of the commissioner, his deputies 
 and assistants, and the person in charge thereof shall afford every 
 reasowahle facility for their examination and shall furnish a copy 
 thereof when demanded hy the commissioner. 
 
 Note. — ^This general provision covers various special provisions scattered 
 through the law, including § 8-a, sub. 4; § 14, second sentence from the end; 
 i 100, second sentence from the end. 
 
 § 4S. Inspectors' reports. Every person acting as an inspector 
 for the department shall report the facts and conditions observed 
 or discovered hy him in the course of every inspection made by 
 him under the provisions of this chapter. The commissioner shall 
 prescribe the form, scope and the manner of making such reports. 
 The reports shall he filed in the department. 
 
 Note. — General provisions. Substantially new. 
 
 § [64. Information to be furnished upon request.] 44. Duly 
 lo furnish information and facilitate department's inspections. 
 
 h 
 
1 
 
 ! 
 
 •II 
 
 m 
 
 112 Appendix I — Bills Submitted to the Leoislatfre 
 
 The owner, operator, manager or lessee of any fmine, factory, 
 workshop, warehouse, elevator, foundry, machine shop or other 
 manufacturing] establishment[,J or place affected by (he provi- 
 sions of this chapter or [any] his agent, superintendent, subordi- 
 nate, or employee [thereof,] and any person employing or direct- 
 mg any labor affected by the provisions of this chapter, shall, when 
 requested by the commissioner [of labor,] furnish any information 
 m his possession or under his control which the commissioner is 
 authorized to require, shall answer truthfully all questions put 
 to him by the commissioner in a circular or otherwise, ][and] 
 shall admit [him or his duly authorized representative] the com- 
 mt^oner or his deputies or assistants to any place which is 
 affected by the provisions of this chapter for the purpose of mak- 
 ing inspection or enforcing the provisions of this chapter and the 
 rules of the industrial board, and shall render assistance necessary 
 for a proper inspection, [A person refusing to admit such com- 
 missioner, or person authorized by him, to any such establishment, 
 or to furnish him any information requested, or who refuses to 
 answer or untruthfully answers questions put to him by such com- 
 missioner, m a circular or otherwise, shall forfeit to the people 
 of the state the sum of one hundred dollars for each refusal or 
 untruthful answer given, to be sued for and recovered by the com- 
 missioner in his name of office. The amount so recovered shall 
 be paid into the state treasury.] 
 
 npw^'s^i^^^ ^u*^"" P*^* ?! ^ ^^ ^'"»**^^ ^^°™ *^« 8^<^*ion « covered by 
 SfJiL ;P i'^! generally. The requirements that the owner shall assist 
 MrPvf£S'?JL*fL /'*'"' the- concluding words of old § 136. The section 
 as revised from § 64 also covers the latter portion of old § 43, sub. 2. 
 
 § i6. Interference with department prohibited. No person 
 shall interfere with, obstruct or hinder by force or otherwise the 
 commissioner, his deputies or assistants or any member of the 
 industrial board or the secretary or assistants thereof, whUe in the 
 performance of their duties. 
 
 Note.— Taken from old § 43, sub. 2. 
 
 § ^6. Service of notice. Whenever the department or commis- 
 sioner, or any person affected by the provisions of this chapter, is 
 required or authoHzed by this chapter or any rule made in jnirm- 
 ance thereof to give notice in wnting to any other person, such 
 notice may be given by mailing it in a letter addressed to the 
 person to whom it is required to be given at his last known 
 
 Appendix I — Bills Submitted to the Le^tslature 113 
 
 residence or place of business or by delivering it personally to 
 such person- Notice to a partnership may be given to any of the 
 partners and notice to a corporation may be given to any agent 
 of the corporation upon whom process may be served, or to any 
 officer of the corporation, or to any agent in charge of the business 
 or place of employment conducted by the corporation. Whenever 
 the departmerd or commissioner is required or authorized to issue 
 an order for compliance with any of the provisions of this chapter, 
 such order shall be served in the manner hereinbefore specified 
 for the service of notices or by delivering it personally to the per- 
 son to whom it is required or authorized to be addressed, or to 
 any person of suitable age and discretion in charge of the premises 
 affected by such order, or if no person be found in charge of the 
 premises then by affixing a copy of such order prominently upon 
 the premises. 
 
 Note.— Substantially new but covering various provisions of the law, e. g., 
 I 127. 
 
 § U7. Reissuance of revoked licenses. Unless otherwise pro- 
 vided by this chapter, the commissioner or other public officer 
 authorized by this chapter to cancel, revoke or suspend any license 
 or certificate granted by him may, when satisfied that the reasons 
 for the cancellation, suspension or revocation no longer exist, re- 
 issue such license or certificate and it shall thereafter be of the 
 same force and effect as a new license duly issued, but only for 
 the remainder of the period for which the original license or cer- 
 tificate was issued. 
 
 Note. — New section. 
 
 § ^8. Commissioner to keep record and publish bulletin of 
 licenses. The commissioner shall keep a record of all licenses or 
 permits or certificates issued by him under the provisions of this 
 chapter or any ride made in pursuance thereof. A complete list 
 (1) of all persons and places holding licenses, certificates or per- 
 mits, to manufacture in tenement houses, to increase the hours of 
 labor of women in canneries, to conduct bakeries and to exempt 
 cellar bakeries, showing the name and address of the owner of the 
 licensed place, building or business, the address of the licensed 
 business and the name under which it is carried on, the address and 
 place of bimness of the licensee, and {2) of all such licenses, cer- 
 
 ^i 
 
p 
 
 I I 
 
 114 Appendix I — Bills Submitted to the Leoislatubb 
 
 Hficates or permits revoked, suspended or cancelled shall he pub- 
 lished from time to time by the commissioner. 
 
 Note.— Adapted from the last sentence of old S 106, but subsUntially new. 
 
 § 49. Blanks to be /yrepared. Whenever any person is required 
 by the provisions of this chapter or any rule made in pursuance 
 of authority granted in this chapter to give notice, furnish in- 
 formation, present a petition, or make or keep any report, record, 
 book, paper or other documentary evidence on blanks furnished 
 by the department, the commissioner shall prepare and furnish 
 such blanks free of charge to all persons applying therefor. 
 
 Note. — New in form to cover various provisions of the law. 
 
 § [46]5a Annual pi]reports. The commissioner [of 
 labor] shall report aimually to the legislature and shall include 
 in his annual report or make separately in each year a report of 
 the operation of each bureau in the department^ and the report of 
 the director of the division of industrial hygiene of the bureau of 
 inspection. 
 
 Note.— The new matter in relation to the report of the director of the di- 
 vision of industrial hygiene is taken from § 60. The section also covers the 
 provisions of §§ 145 and 156-a, relating to the bureau of mediation and arbi- 
 tration. Also covers the provisions of { 120, in relation to report of mines 
 and tunnels. 
 
 § 51, Seal, The commissioner muy adopt a seal for the de- 
 partment and require that it be used for the authentication of the 
 department's orders and proceedings, and for such other purposes 
 as he may prescribe. The courts shall take judicial notice of such 
 seal and of the signatures of the commissioner and the deputy 
 commissioners. 
 
 Note. — New. Old § 154, however, requires subpoenas to be under the seal 
 of the department. 
 
 § 52, Badges, The commissioner may procure badges for him- 
 self and his subordinates and require them to be worn by his sub- 
 ordinates while in the performance of their duiies. 
 
 Note.— Taken from old § 43, sub. 4. 
 
 § C'^'^l ^^- -Destruction of old records. All statistics furnished 
 to and all complaints, reports and other documentary matter re- 
 ceived by the commissioner [of labor pursuant to this chapW ix 
 
 Appendix I — Bills Submitted to the Legislature 115 
 
 any act repealed or superseded thereby] may be destroyed \\)j 
 such commissionerj after the expiration of six years from the 
 time of the receipt thereof. 
 
 § 5^. Department's process to be in commissioners name. All 
 notices, orders and directions of any officer, agent or employee of 
 the department other than the industrial board given in accord- 
 ance with this chapter are subject to the approval of the commis- 
 sumer and may be performed or given by and in his name by any 
 officer or employee of the department thereunto duly authorized by 
 him. 
 
 Note.— Taken from old § 43, sub. 3. 
 
 § C^^l ^^- E^^^wers] Oaihs and affidavits, [1.] The commis- 
 sioner [of labor], his deputies [and their] and assistants [and 
 each agent, chief factory inspector, factory inspector, mine in- 
 spector, tunnel inspector, chief investigator, special investigator, 
 chief mercantile inspector, and mercantile inspector] may ad- 
 minister oaths and take affidavits in matters relating to the pro- 
 visions of this chapter. 
 
 [2. No person shall interfere with, obstruct or hinder by 
 force or otherwise the commissioner of labor, any member of the 
 industrial board, or any officer, agent or employee of the depart- 
 ment of labor while in the performance of their duties, or refuse 
 to properly answer questions asked by such officers or employees 
 pertaining to the provisions of this chapter, or refuse them ad- 
 mittance to any place which is affected by the provisions of this 
 chapter. 
 
 3. All notices, orders and directions of any officer, agent or 
 employee of the department of labor other than the commissioner 
 of labor or the industrial board given in accordance with this 
 chapter are subject to the approval of the commissioner of labor, 
 and may be performed or given by and in the name of the com- 
 missioner of labor and by any officer or employee of the depart- 
 ment thereunto duly authorized by such commissioner in the name 
 of such commissioner. 
 
 4. The commissioner of labor may procure and cause to be used 
 badges for himself and his subordinates in the department of labor 
 while in the performance of their duties.] 
 
 Note.— Section 43, sub. 2, is covered by new §§44 and 45. Section 43, sub. 
 3, is covered by new | 64. Section 43, sub. 4, is covered by now § 52. 
 
116 Appendix I — Bills Submitted to the Leoislatukb 
 
 Appendix I — Bills Submitted to the Legislatuee 117 
 
 h' 
 
 § 66, Hearings and subpoenas. The commissioner or any of 
 his deputies or assistants duly designated by him shall have power 
 
 .?. To issue subpoenas for and compel the attendance of wit- 
 nesses and the production of boohs, contracts, papers, documents 
 and other evidence; 
 
 t. To hear testimony and take or cause to he taken deposi- 
 tions of witnesses residing within or without this state in the man- 
 ner prescribed by law for like depositions in civU actions in the 
 supreme court. 
 
 Subpoenas and commissions to take testimony shall be issued 
 under the seal of the department. 
 
 Note. — Taken in part from old § 154 and made general. 
 
 § [154J 67. Proceedings before [the commissioner of labor.] 
 deputies or assistants. Any investigation, inquiry or hearing 
 which the commissioner [of labor] has power to undertake or to 
 hold may by his special authorization [from the commissioner of 
 labor,] be undertaken or held by or before [the chief investigator, 
 or any official whom he may designate,] any of his deputies or 
 assistants and any decision rendered on such investigation, inquiry 
 or hearing, when approved, and confirmed by the commissioner 
 and ordered filed in his office, shall [be and be deemed to] be the 
 order of the commissioner. [All hearings before the commis- 
 sioner or chief investigator or official duly designated therefor shall 
 be governed by rules to be adopted and prescribed by the com- 
 missioner. The commissioner or chief investigator or official duly 
 designated therefor shall not be bound by technical rules of evi- 
 dence, and shall have the power to subpoena any witness or any 
 person, and to examine all books, contracts, records and docu- 
 ments of any person or corporation and by subpoena duces tecum 
 to compel production thereof, and to effect as far as practicable 
 an amicable settlement or adjustment of any such complaint 
 Such subpoena shall be issued by the commissioner or chief in- 
 vestigator under the seal of the department of labor. No person 
 shall be excused from testifying or from producing any books or 
 papers on any investigation or inquiry by or upon any hearing 
 before the commissioner or chief investigator, or official duly desig- 
 nated thereof,* when ordered to do so, upon the ground that the 
 testimony or evidence, books or documents required of him may 
 tend to incriminate him or subject him to a penalty or forfeiture, 
 but no person shall be prosecuted, punished or subjected to any 
 
 ■■■ 
 
 
 penalty or forfeiture, for or on account of any act, transaction, 
 matter or thing, concerning which he shall under oath have testi- 
 fied or produced documentary evidence; provided, however, that 
 no person so testifying shall be exempt from prosecution or punish- 
 ment for any perjury committed by him in his testimony.] 
 
 Note. — The provision of old $ 154 that hearings shall he governed hy the 
 rules adopted by the commission and not subject to technical rules of evidence 
 ia new | 48. The provision of § 154 for hearing testimony and subpoenaing 
 witnesses is new { 46. The last sentence of § 154 in relation to immunity 
 from prosecution has not been re-enacted. 
 
 § 68. Rules governing hearings. The commissioner or his 
 deputy or assistant duly designated therefor shall not be bound 
 by technical rules of evidence and shall conduct all hearings ac- 
 cording to rules prescribed by the commissioner. 
 
 Note. — Taken from first and second sentences of old § 154. 
 TITLE IV. SUBORDINATE OFFICERS; POWERS AND DUTIES. 
 
 [§ 4:1] 65. [Deputy commissioners.] Powers and duties of 
 depulies. Whenever, in this chapter, aulhority is conferred upon 
 the commissioner it shall, except (w to appointments and removals, 
 include his deputies or a deputy acting under his direction. [The 
 commissioner of labor shall forthwith upon entering upon the 
 duties of his office, appoint and may at pleasure remove two 
 deputy commissioners of labor. The first deputy commissioner 
 shall receive a salary of five thousand dollars a year; the second 
 deputy conmiissioner shall receive a salary of four thousand five 
 hundred dollars a year. The first deputy commissioner of labor 
 shall, during] 
 
 During the absence or disability of the commissioner [of 
 labor,] the first deputy commissioner shall possess all the powers 
 and perform all the duties of the commissioner except the power 
 of appointment and removal. During the absence or disafbility 
 of both the commissioner [of labor] and the first deputy com- 
 missioner [of labor,] the second deputy commissioner shall possess 
 all the powers and perform all the duties of the commissioner ex- 
 cept the power of appointment and removal. In case of a vacancy 
 in the office of commissioner the deputy commissioner acting as 
 commissioner shall have the power of appointment and removal. 
 In addition to their duties and powers as prescribed by the pro- 
 visions of this chapter, the deputy commissioners [of labor] shall 
 
118 Appendix I — Bills Submitted to the Leoislatubb 
 
 Appendix I — Bills Submitted to the Legislature 119 
 
 I) 
 
 I'll 
 
 perform such other duties and possess such other powers as the 
 commissioner [of laborj may prescribe. 
 
 Note.— The first sentence is taken from labor law, | 2, last paragraph. 
 Ihe provisions of old f 41, in relation to appointment and salaries of deputies, 
 »« m new § 11. 
 
 § 14:SJ66. Duties of counsel. [The commissioner of labor shall 
 appoint and may at pleasure remove counsel who shall be an at- 
 torney and counsellor at law of the state of New York toj The 
 counsel of the department shall represent the department [of 
 labor] and [toJ take charge of and assist in the prosecution of 
 actions and proceedings brought by or on behalf of the commis- 
 sioner [of labor] or the department [of labor], and generally 
 [to] shall act as l^al adviser to the commissioner and the in- 
 dustrial hoard, [Such counsel shall receive a salary of four thou- 
 sand dollars a year. The commissioner of labor shall have power 
 to appoint and at pleasure remove attorneys and counsellors at 
 law to] The assistants to the counsel shall assist the counsel in the 
 performance of his duties [who shall receive such compensation 
 as may be provided by law]. 
 
 Note. — The provisions of old § 48, relating to appointment and compensa- 
 tion of counsel and assistants is in new § 11. The provision that counsel 
 shall act as legal adviser to the industrial board is taken from old I 60, 
 sub. 2. 
 
 [ARTICLE 4. J TITLE F. BUREAU OF INSPECTION. 
 
 [Section 53. Bureau of inspection ; inspector general ; divisions. 
 
 64. Inspectors. 
 
 65. Division of factory inspection; factory inspection 
 
 districts; chief factory inspectors. 
 56. Idem; general powers and duties. 
 
 67. Division of homework inspection, 
 
 68. Division of mercantile inspection. 
 
 59. Idem ; general powers and duties. 
 
 60. Division of industrial hygiene. 
 
 61. Section of medical inspection.] 
 
 § [53] 70. Bureau of inspection ; [inspector general ;] divi- 
 sions. The bureau of inspection [, subject to the supervision and 
 direction of the commissioner of labor,] shall have charge of all 
 inspections made pursuant to the provisions of this chapter, [and 
 shall perform such other duties as may be assigned to it by the 
 commissioner of labor. The first deputy commissioner of labor 
 
 shall be the inspector general of the state, and in charge of this 
 bureau subject to the direction and supervision of the commis- 
 sioner of labor, except that the division of industrial hygiene shall 
 be under the immediate direction and supervision of the commis- 
 sioner of labor. Such] This bureau shall have [four] the 
 following divisions [as follows] : factory inspection, [homework 
 inspection] mercantile inspection, homework inspection, [and] 
 industrial hygiene, and [There shall be] such other divisions 
 [in such bureau] as the commissioner [of labor] may deem 
 necessary. [In addition to their respective duties as prescribed 
 by the provisions of this chapter, such divisions shall perform 
 such other duties as may be assigned to them by the commissioner 
 of labor.] 
 
 Note. — The provision of old i 53 that the first deputy shall be the in- 
 •pector general for the state is in new § 71. The provisions of old § 53 in 
 relation to the performance of and duties as assigned by the commission are 
 in new § 16. 
 
 § 71. Inspector general. The first deputy commissioner shall 
 he ihe inspector general, and shall have charge of the hureau of 
 inspection. 
 
 Note. — Taken from old | 53, second sentence. 
 
 § [55]7j^. [Division of factory inspection; fJFsLctory inspec- 
 tion districts; chief factory inspectors. [For the inspection of 
 factories, t]TTiero shall be two inspection districts to be known as 
 the first factory inspection district and the second factory inspec- 
 tion district. The first [factory inspection] district shall include 
 the counties of New York, Bronx, Kings, Queens, Richmond, 
 Nassau and Suffolk. The second [factory inspection] district 
 shall include all the other counties of the state. [There shall be 
 two chief factory inspectors who shall be appointed by the com- 
 missioner of labor and who may be removed by him at any time 
 and each of whom shall receive a salary of four thousand dollars 
 a year.] The inspection of factories in each [factory inspec- 
 tion] district shall[, subject to the supervision and direction of 
 the commissioner of labor,] be in charge of a chief factory inspec- 
 tor assigned to such district by the commissioner [of labor. The 
 commissioner of labor may designate one of the supervising in- 
 spectors as assistant chief factory inspector for the first district, 
 and while acting as such assistant chief factory inspector he shall 
 receive an additional salary of five hundred dollars per annum]. 
 
 Note. — The provision of old i 55 for two chief factory inspectors and 
 their salaries is in new | 11. The last sentence of old { 55 in relation to 
 supervising inspectors is in new { 73. 
 
.J^r 
 
 120 Appendix I — Bills Submitted to the Legislature 
 
 § 73, Supervising factory inspectors. The factory inspectors of 
 the fifth grade shall act as supervising inspectors. The commis' 
 sioner may designate one of the supervising inspectors as assistant 
 chief factory inspector for the first district, who while so acting 
 shall receive additional compensation at the rate of five hundred 
 dollars a year. 
 
 Note. — First sentence taken from old | 54, second sentence taken from old 
 I 55, last sentence. 
 
 § [56. Idem; general powers and dutiesj. 7i. Factory inr 
 spection suhdistricts. [Ij The commissioner [of labor] shall, 
 from time to time, divide the [state] factory inspection districts 
 into subdistricts, and assign one [factory inspector of the fifth 
 grade to each subdistrict as] supervising inspector to each sub- 
 district, and may [in his discretion] transfer [such supervising 
 inspector] him from one subdistrict to another.[; he shall from 
 time to time, assign and transfer factory inspectors to each factory 
 inspection district and to any of the divisions of the bureau of in- 
 spection; he may assign any factory inspector to inspect any 
 special class or classes of factories or to enforce any special pro- 
 visions of this chapter ; and he may assign any one or more of them 
 to act as clerks in any oflSce of the department. 
 
 2. The commissioner of labor may authorize any deputy comr 
 missioner or assistant and any agent or inspector in the depart- 
 ment of labor to act as a factory inspector with the full power 
 and authority thereof. 
 
 3. The commissioner of labor, the first deputy commissioner of 
 labor and his assistant or assistants, and every factory inspector 
 and every person duly authorized pursuant to sub-division two 
 of this section may, in the discharge of his duties enter any place, 
 building or room which is affected by the provisions of this chapter 
 and mav enter any factory whenever he may have reasonable cause 
 to believe that any labor is being performed therein. 
 
 4. The commissioner of labor shall visit and inspect or cause to 
 be visited and inspected the factories, during reasonable hours, 
 as often as practicable, and shall cause the provisions of this chap- 
 ter and the rules and regulations of the industrial board to be en- 
 forced therein. 
 
 5. Any lawful municipal ordinance, by-law or regulation relat- 
 ing to factories, in addition to the provisions of this chapter and 
 
 Appendix I — Bills Submitted to the Legislature 121 
 
 not in conflict therewith, may be observed and enforced by the com- 
 missioner of labor.] 
 
 Note.— The provision of old S 56, sub. 1, as to assignment of factory in- 
 spectors is new f 76. Old § 56, sub. 2, is new § 75. Old § 56, sub. 3, is 
 covered by new §41. Old J 56, subs. 4 and 5, covered by new § 40. 
 
 § 75. Special factory inspectors. The commissioner may au- 
 thorize any deputy commissioner or assistant and any agent, in- 
 spector or employee in the department to act as a factory inspector. 
 
 Note. — Taken from old { 56, sub. 2. 
 
 § 76. Assignment of factory inspectors.. The commissioner 
 shall, from time to time, assign the factory inspectors to the sev- 
 eral factory inspection districts and divisions of the bureau of in- 
 spection and may transfer them from one to another of such dis- 
 tricts and divisions and may assign them to any division or bureau 
 of the department. He may assign any factory inspector to in- 
 spect any special class of factories or to enforce any special pro- 
 visions of this chapter, or to act as clerks in any office of the de- 
 partment. 
 
 Note. — Taken from old i 56, sub. 1. 
 
 § [58]77. Division of mercantile inspection. The division 
 of mercantile inspection shall be under the immediate charge of 
 the chief mercantile inspector^ but subject to the direction and 
 supervision of the commissioner of labor. The chief mercantile 
 inspector shall be appointed and be at pleasure removed by the 
 conmiissioner of labor, and shall receive an annual salary not 
 to exceed four thousand dollars]. 
 
 Note. — Appointment and salary of chief mercantile inspector covered by 
 new i 11, sub. 12. 
 
 § [59]7«9. [Idem; general powers and duties. 1.] Mercan 
 tile inspection districts. The commissioner [of labor] may di- 
 vide the [cities of the first and second class of the] state into 
 mercantile inspection districts, and assign one or more mer- 
 cantile inspectors to each [such] district, and may [in his dis- 
 cretion] transfer tbem from one [such] district to another. [; be 
 may assign any of them to inspect any special class or classes of 
 mercantile or other establishments specified in article twelve of 
 this chapter, situated in cities of the first and second class, or to 
 enforce in cities of the first or second class any special provision 
 of such article. 
 
122 Appendix I — Bills Submitted to the Legislature 
 
 2. The conunissioner of labor may authorize any deputy com- 
 missioner or assistant and any agent or inspector in the depart- 
 ment of labor to act as a mercantile inspector with the full power 
 and authority thereof. 
 
 3. The commissioner of labor, the chief mercantile inspector 
 and his assistant or assistants and every mercantile inspector or 
 acting mercantile inspector may in the discharge of his duties 
 enter any place, building or room in cities of the first or second 
 class which is affected by the provisions of article twelve of this 
 chapter, and may enter any mercantile or other establishment 
 specified in said article, situated in the cities of the first or second 
 class, whenever he may have reasonable cause to believe* that it is 
 affected by the provisions of article twelve of this chapter. 
 
 4. The commissioner of labor shall visit and inspect or cause 
 to bo visited and inspected the mercantile and other establishments 
 specified in article twelve of this chapter situated in cities of the 
 first and second class, as often as practicable, and shall cause the 
 provisions of said article and the rules and regulations of the in- 
 dustrial board to be enforced therein. 
 
 5. Any lawful municipal ordinance, by-law or regulation relat- 
 ing to mercantile or other establishments specified in article twelve 
 of this chapter, in addition to the provisions of this chapter and not 
 in conflict therewith, may be enforced by the commissioner of labor 
 in cities of the first and second class.] 
 
 Note.— The provision of old f 69, sub. 1, in relation to assignment of mer- 
 cantile inspectors is new { 80. Old § 59, sub. 2, is new f 79. Old | 59, sub. 
 3, IS covered by new § 41. Old { 69, subs. 4 and 6, covered by new | 40. 
 Jurisdiction of labor department over mercantile eitablithments extended to 
 cover the entire state. 
 
 § 79, Special mercantile inspectors. The commissioner may 
 authorize any deputy commissioner or assistant and any agent, in- 
 spector, or employee in the department to act as a mercantile 
 inspector. 
 
 Note. — Taken from old 8 59, sub. 2. 
 
 § 80, Assignment of mercantile inspectors. The commissioner 
 may assign any mercantile inspector to inspect any special class 
 of mercantile or other establishments specified in section one hun- 
 dred and sixty or to enforce any special provision of this chapter 
 applicable thereto. He may also assign any mercantile inspector 
 to any division or bureau of the department. 
 
 Note.— Taken from old | 59, sub. 1, 
 
 Appendix I — Bills Submitted to the Legislatube 123 
 
 § U^^^l^^' Division of home work inspection. [The division 
 of homework inspection shall be in charge of an officer or employee 
 of the department of labor designated by the commissioner of labor 
 and shall, subject to the supervision and direction of the commis- 
 sioner of labor, have charge of all inspections of tenement houses 
 and of labor therein and of all work done for factories at places 
 other than such factories.] The division of homework inspection 
 shall have charge of all inspections of tenement houses and of labor 
 therein and of all work done therein for factories, and shall be in 
 charge of an officer or employee of the department designated by 
 the commissioner. 
 
 Note. — Rewritten without change of substance. 
 
 § C60J 82. Division of industrial hygiene. [The inspectors of 
 the seventh grade shall constitute the division of industrial hy- 
 giene, which shall be under the immediate charge of the commis- 
 sioner of labor. The commissioner of labor may select one of the 
 inspectors of the seventh grade to act as the director of such divi- 
 sion, and such director while acting in that capacity shall receive 
 an additional compensation of five hundred dollars a year.] The 
 factory inspectors of the seventh grade shall be members of and 
 shall constitute the division of industrial hygiene. The commis- 
 sioner may select one of the members to be director of the division 
 who, while so acting, shall receive additional compensation at the 
 rate of five hundred dollars a year. The factory inspectors of the 
 fourth grade shall be attached to this division and shall act as in- 
 vestigators therein. The members of the division [of industrial 
 hygiene] shall make special inspections of factories, mercantile es- 
 tablishments and other places subject to the provisions of this chap- 
 ter, [throughout the state, and] shall conduct special investiga- 
 tions of industrial processes and conditions^ and shall prepare 
 material for leaflets amd bulletins calling attention to dangers in 
 particular industries and the precautions to be taken to avoid 
 them. The commissioner [of labor] shall submit to the indus- 
 trial board the recommendations of the division regarding pro- 
 posed rules [and regulations] and standards to be adopted to 
 carry into effect the provisions of this chapter and shall advise 
 [said] the board concerning the operation of such rules and 
 standards and as to any changes or modifications to be made 
 therein. [The members of such division shall prepare material 
 for leaflets and bulletins calling attention to dangers in particular 
 
124 Appendix I — Bills Submitted to the Legislature 
 
 industries and the precautions to be taken to avoid them and shall 
 perform such other duties and render such other services as may 
 be required by the commissioner of labor.] The director [of such 
 division] shall make an annual report to the commissioner [of 
 labor of the operation of the division], to which may be attached 
 the individual reports of each member of the division [as above 
 specified, and same shall be transmitted to the legislature as part 
 of the annual report of the commissioner of labor]. 
 
 Note. — Rewritten, in part, without change of substance. ITie provision that 
 factory inspectors of the 4th grade shall be attached to the division of in- 
 dustrial hygiene is taken from old S 54, sub. 1. The last clause of old § CD. 
 in relation to the annual report of the commission, is covered by new § 50. 
 
 § [61] 83. Section of medical inspection. The factory in- 
 spectors of the sixth grade shall act as medical inspectors and shall 
 constitute the section of medical inspection. The factory inspector 
 of the seventh grade who is a physician, shall he the chief medical 
 inspector, and shall have charge of this section, [which shall,] 
 .subject to the supervision and direction of the director of the 
 division of industrial hygiene[, be under the immediate charge 
 of the chief medical inspector]. The section of medical inspection 
 shall inspect factories, mercantile establishments and other places 
 subject to the provisions of this chapter [thronpjhout the state] 
 with respect to conditions of work affecting the health of persona 
 employed therein and shall have charge of the physical examina- 
 tion and medical supervision of all children employed therein 
 [and shall perform such other duties and render such other serv- 
 ices as the commissioner of labor may direct]. 
 
 Note. — The provision of the first sentence that inspectors of the 6th grade 
 shall act as medical inspectors is taken from old S 54. So also the second 
 sentence in relation to the chief medical inspector. 
 
 rARTICLE 5.] TITLE VL BUREAU OF STATISTICS AND INFOK 
 
 MATION. 
 
 [Section 62. Bureau of statistics and information, 
 
 63. Divisions; duties and powers. 
 
 64. Information to be furnished upon request 
 
 65. Industrial poisoning to be reported.] 
 
 § C^^l ^^* Bureau of statistics and information; divisions, 
 [The bureau of statistics and information, shall be under the im- 
 mediate charge of a chief statistician, but subject to the direction 
 and supervision of the commissioner of labor. 
 
 Appendix I — Bills Submitted to the Legislature 125 
 
 § 63. Divisions ; duties and powers. 1. The bureau of statis- 
 tics and information shall have five divisions as follows: general 
 labor statistics; industrial directory; industrial accidents and dis- 
 eases; special investigations; and printing and publication. 
 There shall be such other divisions in such bureau as the commis- 
 sioner of labor may deem advisable. Each of the said divisions 
 shall, subject to the supervision and direction of the commissioner 
 ol* labor and of the chief statistician, be in charge of an officer or 
 employee of the department of labor designated by the commis- 
 sioner of labor ; and each of the said divisions, in addition to the 
 duties prescribed in this chapter, shall perform such other duties 
 as may be assigned to it by the commissioner of labor. 
 
 2. The division of general labor statistics shall collect, and pre- 
 parer statistics and general information in relation to conditions 
 of labor and the industries of the state. 
 
 3. The division of industrial directory shall prepare annually 
 an industrial directory for all cities and villages having a popula- 
 tion of one thousand or more according to the last preceding fed- 
 eral census or state enumeration. Such directory shall contain 
 information regarding opportunities and advantages for manufac- 
 turing in every such city or village, the factories established 
 therein, hours of labor, housing conditions, railroad and water con- 
 nections, water power, natural resources, wages and such other 
 data regarding social, economic and industrial conditions as in the 
 judgment of the commissioner would be of value to prospective 
 manufacturers, and their employees. If a city is divided into 
 boroughs the directory shall contain such information as to each 
 
 borough. 
 
 4. The division of industrial accidents and diseases shall col- 
 lect and prepare statistical details and general information regard- 
 ing industrial accidents and occupational diseases, their causes 
 and effects, and methods of preventing, curing and remedying 
 them, and of providing compensation therefor. 
 
 5. The division of special investigations shall have charge of 
 all investigations and research work relating to economic and social 
 conditions of labor conducted by such bureau. 
 
 6. The division of printing and publication shall print, publish 
 and disseminate in such manner and to such extent as the com- 
 missioner of labor shall direct, such information and statistics as 
 the commissioner of labor may direct for the purpose of promoting 
 the health, safety and well being of persons employed at labor. 
 
 m 
 
I'M 
 
 126 Appendix I — Bills Submitted to the Legislature 
 
 7. The commissioner of labor may subpoena witnesses, take and 
 hear testimony, take or cause to be taken depositions and admin- 
 ister oaths.] The bureau of statistics and information shall be 
 under the immediate charge of the chief statistician. This bureau 
 shall have the following divisions: general labor statistics; iur 
 dustrial directory; industrial accidents and diseases; special itir 
 vestigations ; printing and publication, and such other divisions 
 as the commissioner may deem advisable. Each division shall, 
 subject to the supervision and direction of the chief statistician, 
 be in charge of an officer or employee of the department desig- 
 nated by the commissioner. 
 
 Note.— The first sentence is taken from old { 62. Second and third sen- 
 tences are taken from old f 63, sub. 1. Old § 63, subs. 2 and 3. covered by 
 new I 91, sub. 1. Old J 63, sub. 4, covered by new § 91, sub. 3. Old { 63, 
 sub. 5, covered by new § 91, sub. 4. Old S 63, sub. 6, covered by new i 91, 
 sub. 5. Old § 63, sub. 7, covered by new j 56. j • . 
 
 § 91, Powers and duties of divisions. 1. General labor statis- 
 tics. The division of general labor statistics shall collect and pre- 
 pare statistics and general information in relation to conditions 
 of labor and the industries of the state. 
 
 2. Industrial directory. The division of industrial directory 
 shall prepare an industrial directory for all cities and villarjes 
 having a population of one thousand or more according to the last 
 preceding federal census or state enumeration. Such directory 
 shall be published as part of the report of the bureau and 
 shall contain information regarding opportunities and advan- 
 tages for manufacturing in every such city or village, the fac- 
 tories established therein, hours of labor, housing conditions, 
 railroad and water connections, water power, natural resources, 
 wages and such other data regarding social, economic and indus- 
 trial conditions as in the judgment of the commissioner would be 
 of value to prospective manufacturers, and their employees. If 
 a city is divided into boroughs the directory shall contain such 
 information as to each borough, 
 
 S, Industrial accidents and diseases. The division of indus- 
 trial accidents and diseases shall collect and prepare statistical 
 details and general information regarding industrial accidents 
 and occupational diseases, their causes and effects, and methods 
 of preventing, curing and remedying them, and of providing 
 compensation for disability or death resulting from them, 
 
 i. Special investigations. The division of special investigations 
 shall have charge of all investigations and research work relating 
 to economic and social conditions of labor. 
 
 Appendix I — Bills SuBT^niTED to the Legislatueb 127 
 
 5, Printing and publication. The division of printing and 
 publication shall have charge of all department printing and shall 
 pHnt, publish and disseminate such information and statistics as 
 the commissioner may direct for the purpose of promoting the 
 health, safety and well being of employees. 
 
 Note.— Taken from old § 63, subs. 2-6. 
 
 ■■ARTICLE 10.1 ^^^^^ ^"' BUREAU OF MEDIATION AND ARBITRA 
 *• ■* TION. 
 
 [Section 140. Chief mediator. 
 
 141. Mediation and investigation, 
 
 142. Board of mediation and arbitration. 
 
 143. Arbitration by the board. 
 
 144. Decisions of board. 
 
 145. Annual report. 
 
 146. Submission of controversies to local arbitrators. 
 
 147. Consent; oath; powers of arbitrators. 
 
 148. Decision of arbitrators.] 
 
 § [140] 96. [Chief mediator] Bureau of medialion and arbi- 
 tration, [There shall continue to be a bureau of mediation and 
 arbitration.] The second deputy commissioner [of labor] shall 
 be the chief mediator [of the state] and in immediate charge oi 
 the bureau of mediation and arbitration [this bureau, but subject 
 to the supervision and direction of the commissioner of labor]. 
 
 Note.— First sentence of old S 140 covered by new f 16. 
 
 § 96, Board of mediation and arbUraiion. There shall be a 
 state board of mediation and arbitration, which shall consist of 
 the chief mediator and two other officers of the department to be 
 from time to time designated by the commissioner. The chief 
 mediator when present shall be chairman of the board. 
 
 Note.— Taken from old § 142, first two sections. 
 
 § [1411 ^7. Mediation and investigation. Whenever a strike 
 or lockout occurs or is seriously threatened an officer or agent of 
 the bureau of mediation and arbitration shall, if practicable, pro- 
 ceed promptly to the locaHty thereof and endeavor by mediation 
 to effect an amicable settlement of the controversy. If the com- 
 missioner [of labor] deems it advisable the board of mediation 
 and arbitration may proceed to the locality and inquire into the 
 cause of an existing or threatened stnJee ar lockout [thereof,] 
 
128 Appendix I — Bills Submitted to the Leoislatube 
 
 and for that purpose shall have all the powers conferred upon it 
 in the case of a controversy suhmitted to it for arbitration. 
 
 § t^^^l ^^' [Board of mediation and arbitration.] Proced- 
 ure of hoard. [There shall continue to be a state board of media- 
 tion and arbitration, which shall consist of the chief mediator and 
 two other officers of the department of labor to be from time to 
 time designated by the commissioner of labor. The chief media- 
 tor when present shall be chairman of the board.] Two members 
 of [such] the state hoard of mediation and arbitration [board] 
 shall constitute a quorum for the transaction of business, and may 
 hold meetings at any time [or] and at any place within the state. 
 Examinations or investigations ordered by tiie board may be held 
 by and taken [by and] before any of [their number,] its members 
 if so directed, but a decision rendered in such a case shall not be 
 deemed [conclusive] final until approved by the board. 
 
 Note. — Old section 142, first two sentences covered by new | 96. 
 
 § [143] 99, Arbitration by the board. A [grievance or dis- 
 pute] controversy between an employer and his employees may be 
 submitted to the board of arbitration and mediation for [their] 
 its determination and settlement [Such] The submission shall 
 be by written statement containing (a) a detailed description of 
 [in writing, and contain a statement in detail of] the [grievance 
 or dispute] controversy and the cause thereof, and (6) [also] an 
 agreement to abide the determination of the board, and [during 
 the investigation] to continue in business or at work during the 
 investigation^ without a lockout or strike]. Upon such submis- 
 sion, the board shall examine the matter in controversy. For the 
 purpose of [such] the inquiry [they] it may subpoena witnesses, 
 compel their attendance, take and hear testimony, and call for and 
 examine books, papers and documents of any parties to the con- 
 troversy. Subpoenas shall be issued by the chairman under the 
 seal of the department [of labor]. Witnesses shall be allowed 
 the same fees as in courts of record. [The decision of the board 
 must be rendered within ten days after the completion of the in- 
 vestigation.] 
 
 Note. — Old S 143, last sentence covered by new | 100. 
 
 § [144] 100. Decisions of board. Within ten days after the 
 [completion of every arbitration] close of the inquiry, the board 
 or a majority thereof shall render a decision, stating such detailb 
 
 Appendix I — Bills Submitted to the Legislature 129 
 
 as [will] clearly show the nature of the controversy and the 
 Fpoints disposed of by them] questions decided, [and make a 
 written report of] their findings of fact and [of] their recom- 
 mendations [to each party of the controversy]. Every decision 
 [and report] shall be filed in the office of the board and a copy 
 thereof served upon each party to the controversy. 
 
 [§ 145. Annual report. The commissioner of labor shall make 
 an annual report to the legislature of the operations of this 
 bureau.] 
 
 § [146] 101. Submission of controversies to local arbitrators. 
 A [grievance or dispute] controversy between an employer and 
 his employees may be submitted to a board of arbitrators, con- 
 sisting of three persons, for hearing and settlement. One arbi- 
 trator shall be appointed by the employer and om by the em- 
 ployees. The two so designated shall appoint a third, who shall 
 be chairman of the board. [When] If the employees concerned 
 are members in good standing of a labor organization, [one] the 
 arbitrator to represent them may be appointed by such organiza- 
 tion [and one by the employer. The two so designated shall ap- 
 point a third, who shall be chairman of the board]. If such em- 
 ployees are not members of a labor organization, a majority 
 thereof at a meeting duly called for that purpose, may designate 
 £one] the arbitrator to represent them [for such board]. 
 
 § U^^^l ^^^' Consent; oath; powers of arbitrators. Before 
 entering upon his duties, each arbitrator so selected shall sign a 
 consent to act and take and subscribe an oath to faithfully and 
 impartially discharge his duties [as such arbitrator], which con- 
 sent and oath shall be filed in the clerk^s office [ofj m the county 
 or counties where the controversy arose. [When such board i3 
 ready for the transaction of business, it] The board shall select 
 one of its members to act as secretary, and notice of the time and 
 place of hearing shall be given to the parties to the controversy. 
 The board may, through its chairman, subpoena witnesses, compel 
 their attendance and take and hear testimony. The board may 
 make and enforce rules governing [for its government and] the 
 transaction of the business before it, and fix its sessions and 
 adjournments. 
 
 § [148] lOS. Decisions of arbitrators. [The board shall, 
 
 w] Within ten days after the close of the [hearing,] inquiry, the 
 
 board shall render a [vn-itten] decision signed by each member 
 
 [them giving] stating such details as clearly show the nature 
 
 Vol. 1 — 5 
 
130 Appendix I — Bills Submitted to the Legislature 
 
 Appendix I — Bills Submitted to the Legislature 131 
 
 of the controversy and the questions decided hy them. One copy 
 of the decision shall be filed in the clerk's office [of the clerk ofj 
 in the county or counties where the controversy arose and one 
 copy shall be transmitted to the bureau of mediation and arbitra- 
 tion^ and a copy served won each party to the controversy, 
 
 [ARTICLE ll.Tj TITLE VIII. BUREAU OF INDUSTRIES AND 
 
 IMMIGRATION. 
 
 [Section 151. Bureau of industries and immigration. 
 
 152. Special investigators. 
 
 153. General powers and duties. 
 
 154. Proceedings before the commissioner of labor. 
 
 155. Registration and reports of employment agencies. 
 
 156. The licensing and regulation of immigrant lodging 
 
 places. 
 156-a. Reports.] 
 
 § C^^l] ^^^« Bureau of industries and immigration. The[re 
 shall be a] bureau of industries and immigration[, whichj shall 
 be under the immediate charge of [a] the chief investigator. [, 
 but subject to the supervision and direction of the commissioner 
 of labor. 
 
 § 152. Special investigators. The commissioner of labor may 
 appoint from time to time such number of special investigators 
 and such other assistants as may be necessary to carry into effect 
 the powers of the said bureau herein defined, who may be removed 
 by him at any time. The special investigators may be divided 
 into two grades. Each special investigator of the first grade shall 
 receive an annual salary of fifteen hundred dollars, and each of 
 the second grade an annual salary of twelve hundred dollars.] 
 
 Note. — Old { 152 covered by new | 11, sub. 15. 
 
 § [153] 111, General powers and duties. [1. The commis- 
 sioner of labor shall have the power to make full inquiry, examina- 
 tion and investigation into the condition, welfare and industrial 
 opportunities of all aliens arriving and being within the state. 
 He shall also have power to collect information with respect to the 
 need and demand for labor by the several agricultural, industrial 
 and other productive activities, including public works throughout 
 the state; to gather information vrith respect to the supply of 
 labor afforded by such aliens as shall from time to time arrive or 
 be within the state; to ascertain the occupations for which such 
 
 aliens shall be best adapted, and to bring about intercommunica- 
 tion between them and the several activities requiring labor which 
 will best promote their respective needs; to investigate and deter- 
 mine the genuineness of any application for labor that may be 
 received and the treatment accorded to those for whom employ- 
 ment shall be secured; to co-operate with the employment and 
 immigration bureaus conducted under authority of the federal 
 government, or by the government of any other state and with 
 public and philanthropic agencies designed to aid m the distribu- 
 tion and employment of labor ; and to devise and carry out such 
 other suitable methods as will tend to prevent or relieve congestion 
 and obviate unemployment 
 
 2. The commissioner of labor shall procure with the consent 
 of the federal authorities complete lists giving the names, ages, 
 and destination within the state of all alien children of school age, 
 and such other facts as will tend to identify them and shall forth- 
 with deliver copies of such lists to the commissioner of education 
 or the several boards of education and school boards m the respec- 
 tive localities within the state to which said children shall be 
 destined, to aid in the enforcement of the provisions of the educa- 
 tion law relative to the compulsory attendance at school of chil- 
 dren of school age. , 
 
 3. The commissioner of labor shall further co-operate with the 
 commissioner of education and with the several boards of educa- 
 tion and school commissioners in the state to ascertain the neces- 
 sity for and the extent to which instruction should be imparted 
 to aliens within the state; to devise methods for the proper in- 
 struction of adult and minor aliens in the English language and 
 other subjects, and in respect to the duties and rights of citizen- 
 ship and the fundamental principles of the American system of 
 government; and may establish and supervise classes and other- 
 wise further their education. 
 
 4. The commissioner of labor may enter and inspect all labor 
 camps within the state, and any camp which he may have reason- 
 able cause to believe is a labor camp; and shall inspect all em- 
 ployment and contract labor agencies dealing with aliens, or 
 whenever he may have reasonable cause to believe that such em- 
 ployment or contract labor agencies deal with aliens; or who 
 secure or negotiate contracts for their employment withm the 
 state; shall inspect all immigrant lodging places or all places 
 where he has reasonable cause to believe that aliens are received, 
 lodged, boarded or harbored; shall coK)perate with other public 
 
132 Appendix I — Bills Submitted to the Leoislatwre 
 
 authorities, to enforce all laws applicable to private bankers deal- 
 ing with aliens and laborers; secure information with respect to 
 such aliens who shall be in prisons, almshouses and insane asylums 
 of the state, and who shall be deportable under the laws of the 
 United States, and co-operate with the federal authorities and with 
 such officials of the state having jurisdiction over such criminals, 
 paupers and insane aliens who shall be confined as aforesaid, so 
 as to facilitate the deportation of such persons as shall como 
 within the provisions of the aforesaid laws of the United States, 
 relating to deportation ; shall investigate and inspect institutions 
 established for the temporary shelter and care of aliens, and such 
 philanthropic societies as shall be organized for the purpose of 
 securing employment for or aiding in the distribution of aliens, 
 and the methods by which they are conducted. 
 
 5. The commissioner of labor shall investigate conditions pro- 
 vailing at the various places where aliens are landed within this 
 state, and at the several docks, ferries, railway stations and on 
 trains and boats therein, and in co-operation with the proper 
 authorities, afford them protection against frauds, crimes and 
 exploitation; shall investigate any and all complaints with respect 
 to frauds, extortion, incompetency and improper practices by 
 notaries public, interpreters and other public officials, or by any 
 other person or by any corporation, whether public or pri- 
 vate, and present to the proper authorities the results 
 of such investigation for action thereon; shall investigate 
 and study the general social conditions of aliens within 
 this state, for the purpose of inducing remedial action by 
 the various agencies of the state possessing the requisite jurisdic- 
 tion ; and shall generally, in conjunction with existing public and 
 private agencies, consider and devise means to promote the wel- 
 fare of the state. J The bureau of indu>strie3 and immigration shall: 
 
 1, Have charge of the enforcement of the provisions of this 
 chapter relating to immigrant lodging houses, 
 
 2, Investigate conditions prevailing ai all docks, ferries, raUr 
 way stations and other places, where aliens arrive or depart, and 
 also on boats and trains, and, in co-operation with the proper 
 authorities, afford mch aliens protection against frauds, crimes 
 and exploitation; investigate all complaints with respect to 
 frauds, extortion, incompetency, improper practices by notaries 
 public, interpreters and other public officials, or by any other 
 person or by any corporation, whether public or private, and pre" 
 
 Appendix I — Bills Submitted to the Legislatube 133 
 
 sent to the proper authorities the results of mch investigation for 
 action thereon and to effect as far as practvcable an arnuaUeset' 
 tlement of any such complaint; invest gate ^f^^;;^!,^^^^,^ 
 camps; investigate and inspect instituttons establM forJJ^ 
 temporary shelter and care of aliens; investrgateand ^^'^f^^l 
 anthropic societies and other agencies organized for the purpose 
 of aiding in the distribution and employment of aliens and the 
 methods by which they are conducted; investigate i^^Oen^^j 
 social coJition and welfare of, and industrial opportunity'^ ^^^^^ 
 all aliens arriving or residing within the state and, in conpinch^ 
 with existing public and private agencies, consider and devise 
 means to promote the public welfare. 
 
 3 Co-operate with the public authorities charged with the duty 
 of enforcing laws applicable to private bankers and steamship 
 ticket agents dealing with aliens and laborers; co-operate with the 
 commissioner of education and the several school auihorities to 
 ascertain the extent to which instruction should be imparted to 
 adult and minor aliens within the state and to devise methods for 
 the proper instruction of such aliens and may establish and super- 
 vise classes for the education of aliens. 
 
 J,. Co-operate with public and philanthropic employment and 
 immiqration bureaus and agencies and devise and carry out suit- 
 able methods of aiding in the distribution and employment of 
 aliens. 
 
 Note.- Rewritten without change of substance. I*.^«V«j^"% J," i^V^ ,\*Tab^^^ 
 collection of material with reference to deportable al;^"« and supply of 
 by aliens, omitted. Words steamship ticket agents new in sub. 3. 
 
 [ARTICLE 5-A.] TITLE JX. 
 
 Bureau of Employment, 
 
 [Section 66. Directors. 
 
 66-a. Public employment offices. 
 
 66-b. Purpose. 
 
 66-c. Officers. 
 
 66-d. Registration of applicants. 
 
 66-e. Reports of superintendents. 
 
 66-f. Advisory committees. 
 
 66-g. Notice of strike or lockouts. 
 
 66-h. Applicants not to be disqualified. 
 
 66-i. Departments. 
 
 66-j. Juveniles. 
 
,i 
 
 •il 
 
 134 Appendix I — Bills Submitted to the Legislature 
 
 66-k. Co-operation of public employment, 
 
 66-1. Advertising. 
 
 66-m. Service to be free. 
 
 66-n. Penalties. 
 
 66-0. Labor market bulletin. 
 
 66-p. Information for employment agencies.] 
 
 § 120. Bureau of employment; offices. The bureau of emphy- 
 nient shall be under the immediate charge of the director, who 
 shall have technical and scientific knowledge upon the svhject 
 of unemployment and administration of public employment 
 offices and ability to direct investigations of unemployment and 
 public and private agencies for remedying the same. The civil 
 service examination for the position of director shall be such as 
 to test whether candidates have such qualifications. The com- 
 missioner shall establish such employment offices as may he 
 needed for the purpose of bringing together workmen in search 
 of employment and employers seeking labor. Each office shall, 
 subject to the supervision and direction of the director of the 
 bureau of employment, be in charge of a superintendent desig- 
 nated by the commissioner. 
 
 Kote. — Taken from §§ 66-66-c, without change of substance. The ap- 
 pointment of director and office superintendents covered by new §11. 
 
 § [66-e] 121. Reports of superintendents. Each superin- 
 tendent shall make to the director such periodic reports of ap- 
 plications for labor or employment and all other details of the 
 work of each office, and the expenses of maintaining the same, 
 as the commissioner [of labor] may require. 
 
 § £66-f.] 122. Advisory committees. The commissioner [of 
 labor] shall appoint for each public employment office an ad- 
 visory committee, [whose duty it] which shall [be to] give the 
 superintendent advice and assistance in connection with the man- 
 agement of such [employment] offi<?e. The superintendent shall 
 consult from time to time with the advisory committee attached 
 to his office. Such advisory committee shall be composed of 
 representative employers and employees with a chairman chosen 
 by the committee [who shall be agreed upon by a majority of 
 such employers and of such employees]. Vacancies, however 
 caused, shall be filled in the same manner as [the] original ap- 
 pointments. [The] An advisory committee[s] may appoint 
 such subcommittees as [they] it may deem advisable. At the 
 
 Appendix I — Bills Submitted to the Leotslatube 135 
 
 request of a majority either of the employers or of the em^^^^^^^ 
 on an advisory committeo[s], the voting on any part cular que 
 Ln shall be so conducted that there shall be an eq-Mj^^^^^^^^ 
 power between the employers and the employees, ^^twiUistand 
 ing the absence of any member. Except as above P--ded ^ery 
 qifestion shall be decided by a majority of the -em^^- Pf/^^^ 
 L voting on that question. The chairman shall l^ave no vote 
 ^n any q.restion on which the equality of voting power has been 
 
 claimed. 
 
 § r66-d.l m. Registration of applicants. The superm- 
 tendont of every public employment office shall receive apphca- 
 Sons from those' sLking employment and from those seekmg en. 
 ployees and shall register every applicant on properly arranged 
 cards or forms provided by the commissioner [of labor]. 
 
 S [60-1.1 m. Advertising. The commissioner t"* l^^^^jj 
 shall have power to solicit business for the pubhc employment 
 offices established under this [article] title by advertising m news- 
 papers and in any other way that he may deem [expedient, and to 
 take any other steps that he may deem] necessary to insure the 
 iLss'and efficiency of such offices; provided, that the expendU- 
 ture under this section for advertising shall not f «««<i five ^r 
 centum of the total expenditure for the purposes of this [articlej 
 
 title. . 
 
 8 ree-m.] m. Service to be free. No fees direct or indirect 
 shall in any case be charged to or received from those seeking 
 the benefite of this [article] tttle. 
 
 § [66-1] m. Juveniles. Applicants for employment who are 
 betwL the ages of fourteen and eighteen years «hf » Jj^^^;;'' 
 upon special forms provided by the commissioner [of laborj 
 Such applicants upon securing their employment certificates as re. 
 quired by law, may be permitted to register at a public or other 
 recognized school and when forms containing such aPP^i«ations 
 are transmitted to a public employment office they shall be treated 
 as equivalent to personal registration. The ^t'P^n'^tend^'';.^* .^"^^ 
 public employment office shall c(K.perate with the school principals 
 in endeavoring to secure suitable positions for children who a^e 
 leaving the schools to begin work. [To this end he] He shall 
 transmit to the school principals a sufficient number of application 
 forms to enable all pupils to register who desire to do so; and 
 such principals shall acquaint the teachers and pupils with the 
 purpL of the public employment office in placing juveniles. 
 
136 Appendix I — Bills Submitted to the Leoislatuke 
 
 The advisory committee shall appoint special committees on 
 juvenile employment which shall include employers, workmen, 
 and persons possessing experience or knowledge of education, or 
 of other conditions affecting juveniles. It shall be the duty of 
 these special committees to give advice with regard to the manage- 
 ment of the public employment offices to which they are attached 
 in regard to juvenile applicants for employment. Such com- 
 mittees may take steps either by themselves or in co-operation 
 with other bodies or persons to given information, advice and 
 assistance to boys and girls and their parents with respect to the 
 choice of employment and other matters bearing thereon. 
 
 § [66-kJ 127, Co-operation of public employment offices. The 
 commissioner £of laborj shall arrange for the co-operation of the 
 offices created under this [article] title in order to facilitate, when 
 advisable, the transfer of applicants for work from places where 
 there is an oversupply of labor to places where there is a demand. 
 [To this end hej He shall cause lists of vacancies furnished to the 
 several offices, as herein provided, to be prepared and shall supply 
 them to newspapers and other agencies for disseminating informa- 
 tion, in his discretion, and to the superintendents of the public 
 employment offices. The superintendent shall post these lists in 
 conspicuous places, so that they may be open to public inspection. 
 
 § [66-0] 128, Labor market bulletin. The bureau of statis- 
 tics and information [of the department of laborj shall publish 
 a bulletin in which shall be made public all possible information 
 with regard to the state of the labor market including reports of 
 the business of the various public employment offices. 
 
 § [66-pJ 129, Information from employment agencies. For 
 the purposes specified in the foregoing section every employment 
 office or agency, other than those established under this [article,] 
 title, shall keep a register of applicants for work and applicants 
 for help in such form as may be required by the commissioner [of 
 labor] in order to afford the same information as that supplied by 
 state offices. Such register shall be subject to inspection by the 
 commissioner [of labor] and information therefrom shall be fur- 
 nished to him at such times and in such form as he may require. 
 
 § [66"g] ^^0, Notice of strikes or lockouts. An employer, or 
 a representative of employers or employees may file at a public 
 employment office a signed statement with regard to the existence 
 of a strike or lockout affecting their trade. Such a statement 
 shall be exhibited in the employment office, but not until it has 
 
 Appendix I — Bills Submitted to the Legislature 137 
 
 been commrnicated to the employers affected if filed by em- 
 ployee., or to the employees affected, if filed by employers In 
 tl of a reply being deceived to such a statement, it shall also be 
 exhibited in the employment office. If any employer affected by 
 a statement notifies the public employment office o a vacancy 0, 
 vacancies, the officer in charge shall advise any applicant for such 
 vacancy or vacancies of the statements that have been made. 
 
 8 rC6-h] ISl, Applicants not to be disqualified. No person 
 shall suffer any disqualification or be otherwise P^eJ^diced on 
 account of refusing to accept employment found for l^^ni through 
 a public employment office, where the ground of ref^sa\ ^^ ^^fj 
 stHke or lockout exists which affects the work, or that the wag^ 
 are lower than those current in the trade in that particular dis- 
 trict or section where the employment is offered. 
 
 § [66-n] 1S2. Penalties. Any superintendent or derk, sub- 
 ordinate or"" appointee, appointed under this [article,! ^^^^^^^^^^ 
 shall accept directly or indirectly any fee, Wensation or 
 rratuity from any one seeking employment or lab^r under t^^^^ 
 [article,] title shall be guilty of a misdemeanor and shall be pun- 
 ched by a fine of not more than five hundred dolki., or by im- 
 prisonment in jail for a term not exceeding six months, or both 
 and shall thereafter be disqualified from holding any office or 
 position in such bureau. 
 
 ARTICLE [2] S. 
 
 GENERAL PROVISIONS. 
 Hours to constitute a day's work. 
 Violations of the labor law. 
 Hours of labor in brickyards. 
 
 Hours of labor on street surface and elevated rail- 
 roads. , 
 Regulation of hours of labor on steam surface and 
 
 other railroads. 
 Regulation of hours of labor of block system tele- 
 graph and telephone operators and signalmen on 
 surface, subway and elevated railroads. 
 
 8a. One day of rest in seven. 
 
 9. Pa\Tncnt of wages by receivers. 
 
 10. Cash payment of wages. 
 
 11. When wages are to be paid. 
 
 12. Penalty for violation of preceding section. 
 
 13. Assignment of future wages. 
 
 [Section 3. 
 4. 
 5. 
 6. 
 
 7. 
 
 8. 
 
 •^ III 
 
« 
 
 138 Appendix I — Bills Submitted to the Legislature 
 
 14. Preference in employment of persons upon public 
 
 works. 
 
 15. Labels, brands and marks used by labor organiza- 
 
 tions. 
 
 16. Illegal use of labels, brands and marks, a misde- 
 
 meanor; injunction proceedings. 
 
 17. Seats for female employees. 
 
 18. Scaffolding for use of employees. 
 
 19. Inspection of scaffolding, ropes, blocks, pulleys and 
 
 tackles in cities. 
 
 20. Protection of persons employed on buildings in 
 
 cities. 
 20a. Accidents to be reported. 
 20b. Protection of employees. 
 20c. Switchboards to be protected. 
 
 21. Commissioner of labor to enforce provisions of 
 
 article. 
 
 22. Physical examination of employees. 
 22. Duties relative to apprentices.] 
 
 Section IJ^O. General duty to protect health and safety of em- 
 ployees. 
 
 HI. Protection of employees at switchboards. 
 
 H2. Prohibition against eating meals in certain worTc" 
 rooms. 
 
 IJ^S. Registration of places of employment. 
 
 IJfJf. Employers' report of accidents to employees, 
 
 IJfB. Physicians' report of industrial poisonings. 
 
 1^6. Laws to be posted. 
 
 H7. Labels, brands and marks used by labor organizor 
 tions. 
 
 lJf8. Illegal use of labels, brands and marks; injunction 
 proceedings. 
 
 § [20-b.J lJf.0. |Trotection of employees.] General duty to pro- 
 tect health and safety of employees. All [factories, factory build- 
 ings, mercantile establishments and other] places to which this 
 chapter [is applicable,] applies shall be so constructed, equipped, 
 arranged, operated and conducted [in all respects] as to provide 
 reasonable and adequate protection to the lives, health and safety 
 of all persons employed therein or freqvjenting the same. The 
 industrial board shall [|, from time to time,] make [such] rules 
 [and regulations as will] to carry into effect the provisions of 
 this section. 
 
 Appendix I — Bills Submitted to the Legislature 
 
 139 
 
 § [20-b.] 1^1. [Switchboards to be protected.] Protection of 
 employees at switchboards. [All buildings having installed therein 
 a] At every main or distributing ewitchboard of two hundred and 
 twenty or more volts [or over shall have, on the floor or upon such 
 platform or other standing place as the switchboard may be located 
 or attached,] there shall be maintained [a rubber] an insulating 
 [mat] mrface the length of the switchboard and of sufficient 
 width and so placed as to allow a person to stand or walk [or 
 stand] thereon while working at the switchboard or making tests. 
 
 § [89-a.] U2. Prohibition against eating meals in certain work- 
 rooms. No employee shall take or be permitted to take any food 
 into a room [or apartment] in a factory, or mercantile establish- 
 ment, [mill or workshop, commercial institution or other estab- 
 lishment or working place] where lead, arsenic or other poisonous 
 substances or injurious or noxious fumes, dust or gases exist in 
 harmful conditions or arc present in harmful quantities, [as an 
 incident or result of the business conducted by such factory, com- 
 mercial establishment, mill or workshop, commercial institution 
 or other establishment or working place; and [n]iV^otice to the 
 foregoing effect shall be kept posted in each such rooml, or apart- 
 ment]. No employee, unless his presenile is necessary for the 
 proper conduct of the business, shall remain in any such room[, 
 apartment or enclosure] during the time allowed for meals, and 
 [suitable provision shall be made and maintained by the employer 
 for enabling employees to take their meals elsewhere in such estal> 
 lishment.] the employer shall provide a mitable place m such 
 establishment for his employees to eat their meals. 
 
 § [69.] US. Registration of [factories] pUces of employment. 
 [The owner of every factory shall register such factory with the 
 state department of labor, giving the name of the o^vner, his home 
 address, the address of the business, the name under which it is 
 carried on, the number of employees and such other data as the 
 commissioner of labor may require. Such registration of existing 
 factories shall be made within six months after this section takes 
 effect. Factories hereafter established shall be so registered 
 within thirty days after the commencement of business. Withm 
 thirty days after a change in the location of a factory the owner 
 thereof shall file with the commissioner of labor the now address 
 of the business, together with such other information as the com- 
 missioner of labor may require.] Every employer, except those 
 affected hy sections three hundred and seventy and three hundred 
 
140 Appendix I — Bills Submitted to the Leoislatuee 
 
 and seventy-one, employing persons who are affected hy any of the 
 provisums of this chapter shall, within thirty days after emr 
 ploymcnt begins, register the place of employment mth the com- 
 missioner, giving his name, his home address, the address 
 of the business, the name under whi-:h it is carried on, the number 
 of employees and such other data as the commissioner may reqmre. 
 Within tUHy days after a change in the location of any euch place 
 of employment, the employer shall file the new address with the 
 commissioner, together with such other information as the cofii- 
 missioner may require. When any such place of employments 
 permanently discontinued, the former employer shall notify the 
 commisdoner. All such places of employment, extsttng when 
 this section takes effect, shall he registered wtlhtn thtHy days 
 thereafter. 
 
 Note -Present law limited to factories. This section eitends provision 
 for registration to all employees subject to the chapter except operators of 
 mines, tunnels and quarries. Latter covered by new i 370. 
 
 § lU. Em,ployers' report of accidents to employees. Every 
 employer of labor affected by the provisions of this chapter shall 
 keep a record of every accident which causes personal tnjury to or 
 the death of any of his employees in the course ofthetr employ- 
 ment. The record shall he in such form and shall contain such 
 information as the commissioner may require. Within forty 
 eight hours after any such accident, the employer shall send to 
 the commissioner a report thereof stating the name, address 
 and business of the employer; the name, address, sex, age. 
 nationality and occupation of the employee; time, place and 
 cause of the accident; the nature of the injury and the probable 
 extent of disabUily; the number of days which the employee had 
 worked for such employer at the employment m whuh he was 
 injured; whether he was paid at the time of the accident on the 
 basis of time or output; the rate of the employees wages tm- 
 mediately preceding the accident, and such other information as 
 may be required by the commissioner. Subsequent reports of the 
 remits of the accident and of the condition of the injured employee 
 shall be sent by the employer to the commissioner at such times 
 and shall contain such information as he may require. Keports 
 made under this section shall not he evidence of the facts therein 
 stated in any action arising out of the accident therein reported. 
 
 Note.- Taken from old Si 20-., «7 and 126, ""'"'"K t*i!j,nrovTsioL'°for 
 
 ^;.T::;:r^or^ ^i:^^^'^^^^^ - eoSr-of l^ 
 
 employee are new. 
 
 Appendix 1 — Bills Submitted to the Leoislatuee 141 
 
 e resl U5. Physicians' reports of industrial poisoningCs to be 
 rej^rtedl. 1. Every [medical practitioner] p^stctan a tending 
 Ton or called in to visit a patient] any person whom he believes to 
 be suffering from poisoning [from] hy lead, phosphorus, arsenic, 
 brass, wood alcohol, mercury or their compounds, or from anthrax 
 or [from] oompn«sed air illness, contracted as the '•e«"lt "^ ^^^ 
 nature of [the patient's] such persm's employment, shall send 
 to the commissioner [of labor] a [notice] report bating the 
 name and [full postal] address and place of employment of [he 
 patient] such person and the disease from which[, m the opinion 
 of the medical practitioner, the patient] Ae is ^^^^J'^^JT, 
 Buch [other and] further information as may be required by the 
 
 rsaidl commissioner. , _.i.*^„ 
 
 [2 If any medical practitioner, when required by this section 
 to send a notice, fails forthwith to send the same, he shall be 
 liable to a fine not exceeding ten dollars.] n v t,^ 
 
 rsi 2. CIt shall be the duty of the commissioner of labor to 
 enforce tho provisions of this section, and he] The commissioner 
 may call upon the state and local boards of health for assistance 
 in the enforcement of the provisions of this section. 
 
 Note.— Old S 65, sub. 2, covered by new { 405. 
 
 § r99-a.] U6. Laws to be posted. [Copies or digests of the 
 provbions of this chapter and of the rules and regulations of the 
 industrial board, applicable thereto, in English and in such other 
 languages as the commissioner of labor may require, to be prepared 
 and furnished by the commissioner of labor, shall be kept posted 
 by the employer in such conspicuous place or places as the com- 
 missioner of labor may direct on each floor of every factory where 
 persons are employed who are affected by the provisions thereof.] 
 Wherever persons are employed who are affected by the provisions 
 of this chapter or the rules of the industrial board, the commis- 
 sioner shall furnish to the employer copies or abstracts of all such 
 provisions and rules affecting such persons. The <^0V^'>^^'2 
 stracts shall he in such languages as the commissioner may require 
 and shall be kept posted by the employer in conspicuous places on 
 the premises. ,j . i7^ 
 
 Note.- Rewritten without change of subsUnce. Covers also old I 173. 
 
 « ri5 1 U7. Labels, brands and marks used by labor organiza- 
 tions A union or association of employees may adopt a device 
 in the form of a label, brand, mark, name or other character for 
 
t 
 
 142 Appendix I — Bills Submitted to the Leoislatuke 
 
 the purpose of designating the products of the lahor of the mem- 
 bers thereof. Duplicate copies of such device shall be filed [in the 
 office ofj with the secretary of state, who shall, under his hand 
 and seal, deliver to the union or association filing or registering 
 the same a certified copy and a certificate of the filing thereof, for 
 which he shall be entitled to a fee of one dollar. Such certificate 
 shall not be assignable by the union or association to whom it is 
 issued. 
 
 § [16] 148, Illegal use of labels, brands and marks [a mis- 
 demeanor] ; injunction proceedings. [A] No person [who, (1 )] 
 shall in any way use or display the label, brand, mark, name 
 or other character, adopted by any such union or association as 
 provided in [the preceding] section one hundred and forty-seven, 
 without the consent or authority of such union or association ; or 
 [(2) shall] counterfeit or imitate any such label, brand, mark, 
 name or other character, or knowingly sell[8] or di8pose[8] of, or 
 keep[s] or [has] have in his possession with intent to sell or dis- 
 pose of, any goods, wares, merchandise or other products of labor, 
 upon which any such counterfeit or imitation is attached, affixed, 
 printed, stamped or impressed, or knowingly sell[s] or di8po8e[8] 
 of, or kcepjs] or [has] have in his possession with intent to 
 sell or dispose of any goods, wares, merchandise or other products 
 of labor contained in any box, case, can or package, to which 
 or on which any such counterfeit or imitation is attached, affixed, 
 printed, painted, stamped or impre8sed.[, is guilty of a mis- 
 demeanor, aud shall be punished by a fine of not less than 
 one hundred dollars nor more than five hundred dollars, or by 
 imprisonment for not less than three months nor more than one 
 year, or by both such fine and imprisonment] After filing copies 
 of such device, [such] the union or association may [also] main- 
 tain an action to enjoin the manufacture, use, display or sale of 
 counterfeit or colorable imitations of such device, or of goods bear- 
 ing the same, or the unauthorized use or display of such device, 
 or of goods bearing the same, and the court may restrain such 
 wrongful manufacture, use, display or sale, and every unauthor- 
 ized use or display by others of the genuine devices so registered 
 and filed, if such use or display is not authorized by the owner 
 thereof, and may award to the plaintiff such damages resulting 
 from such wrongful manufacture, use, display or sale as may be 
 proved, together with the profits derived therefrom. 
 
 Appendix I — Bills SuBikfiTTED to the Legislature 143 
 
 ARTICLE Jf. 
 
 EMPLOYMENT OF CHILDREN AND FEMALES. 
 
 Section 160, Employment of children under the aye of fourteen 
 
 years prohibited, 
 
 161, Employment of children between the ages of four- 
 
 teen and sixteen years, 
 
 162, Employment certificates; how issued, 
 
 163, Evidence of age, 
 
 16 Jf, Physical examination before issuance of employ- 
 ment certificate, 
 
 165, Examination by officer issuing employment cer- 
 
 tificate, 
 
 166, Contents of employment certificate. 
 
 167, Supervision over issuance of employment certificates, 
 
 168, Registers of children employed, 
 
 169, Employment of children apparently under the age 
 
 of sixteen years, 
 
 170, Prohibited employment of children and females. 
 
 171, Employment of females in core rooms, 
 
 ^72, Prohibited employment of females after child birth, 
 
 178, Physical examination of children employed. 
 
 17k, Physical examination of females, 
 
 176, Seats for female employees. 
 
 § [70] 160, Employment of [minors] children under the 
 age of fourteen years prohibited, No child under the age of 
 fourteen years shall be employed[, permitted or suffered to work] 
 in or in connection with [any factory in this state,] or for any 
 factory, [at any place in this state.] mercantile establishment, 
 business office, telegraph office, restaurant, hotel, apartment-house, 
 theatre or other place of amusement, bowling alley, barber shop, 
 shoe-polishing establishment, or in the distribution or transmission 
 of merchandise, articles or messages, or in the sale of articles, 
 
 [No child between the ages of fourteen and sixteen years shall 
 be so employed, permitted or suffered to work unless an employ- 
 ment certificate, issued as provided in this article, shall have 
 been theretofore filed in the office of the employer at the place of 
 employment of such child.] Nothing [herein] contained in thvi 
 section or in section one hundred and sixty-one shall prevent a per- 
 son engaged in farming from permitting his children to do farm 
 work for him upon his farm. Boys over the age of twelve 
 years may be employed in gathering produce, for not more than 
 
144 Appendix I — Bills Submitted to the Legislature 
 
 six hours in any [onej day, subject to the requirements of chap- 
 ter twenty-one of the laws of nineteen hundred and nine, entitled 
 "An act relating to education, constituting chapter sixteen of the 
 consolidated laws,*' and all acts amendatory thereof. 
 
 Note. — Taken from old § 70, as to factories, and S 162, as to mercantile 
 and other establishments. Old § 70, second sentence as to children between 
 14 and 16, covered by new S 161. 
 
 § 161, Employment of children between the ages of fourteen 
 and sixteen. No child between the ages of fourteen and sixteen 
 years shall be employed in or in connection with or for any factory, 
 mercantile or other establishment or buMness specified in section 
 one hundred and sixty unless an employment certificate, issued as 
 provided in this article, is leept on file in the office of the employer 
 at the place of employment of the child. 
 
 On termination of the employment, the certificate shall, except 
 where it has been cancelled under the provisions of section one 
 hundred and seventy-three, be surrendered by the employer to the 
 child or its parent, guardian or custodian. 
 
 Note. — First paragraph taken from old f 70, and S 162; seconcl paragraph 
 taken from old ii 76 and § 167. 
 
 § [71 J 162, Employment certificate, how issued. [Such J The 
 employment certificate required in section one hundred and sixty- 
 one shall be issued by the commissioner of health or the executive 
 officer of the board or department of health of the city, town or 
 village where such child resides, or is to be employed, or by such 
 other officer thereof as may be designated by such board, depart- 
 ment or commissioner for that purpose, upon the application of 
 the parent, [orj guardian or custodian of the child desiring 
 [such] employment. Such officer shall not issue [suchj the 
 certificate until he has received, examined, approved and filed the 
 following papers duly executed: [, viz. : The school record of such 
 child properly filled out and signed as provided in this article; 
 also, evidence of age showing that the child is fourteen years old 
 or upwards, which shall consist of the evidence thereof provided 
 in one of the following subdivisions of this section and which 
 shall be required in the order herein designated as follows: 
 
 (a) Birth certificate: A duly attested transcript of the birth 
 certificate filed according to law with a registrar of vital statistics 
 or other officer charged with the duty of recording births, which 
 certificate shall be conclusive evidence of the age of such child. 
 
 Appendix I — Bills Submitted to the Legislature 145 
 
 (b) Certificate of graduation : A certificate of graduation duly 
 issued to such child showing that such child is a graduate of a 
 public school of the state of New York or elsewhere, having a 
 course of not less than eight years, or of a school in the state of 
 New York other than a public school, having a substantially 
 equivalent course of study of not lees than eight years' duration, 
 in which a record of the attendance of such child has been kept 
 as required by article twenty of the education law, provided that 
 the record of such school shows such child to be at least fourtcei\ 
 years of age. 
 
 (c) Passport or baptismal certificate: A passport or a dulj 
 attested transcript of a certificate of baptism showing the date of 
 birth and place of baptism of such child. 
 
 (d) Other documentary evidence: In case it shall appear to 
 the satisfaction of the officer to whom application is made, as 
 herein provided, for an employment certificate, that a child for 
 whom such certificate is requested, and who has presented the 
 school record, is in fact over fourteen years of age, and that 
 satisfactory documentary evidence of age can be produced, which 
 does not fall within any of the provisions of the preceding sub- 
 divisions of this section, and that none of the papers mentioned 
 in said subdivision can be produced, then and not otherwise he 
 shall present to the board of health of which he is an officer or 
 agent, for its action thereon, a statement signed by him showing 
 such facts, together with such affidavits or papers as may have 
 been produced before him constituting such evidence of the age 
 of such child, and the board of health, at a regular meeting thereof, 
 may then, by resolution, provide that such evidence of age shall 
 be fully entered on the minutes of such board, and shall be re- 
 ceived as sufficient evidence of the age of such child for the pur- 
 pose of this section. 
 
 (e) Physicians' certificates: In cities of the first class only, in 
 case application for the issuance of an employment certificate shall 
 be made to such officer by a child's parent, guardian or custodian 
 who alleges his inability to produce any of the evidence of age 
 specified in the preceding subdivisions of this section, and if the 
 child is apparently at least fourteen years of age, such officer may 
 receive and file an application signed by the parent, guardian or 
 custodian of such child for physicians' certificates. Such applica- 
 tion shall contain the alleged age, place and date of birth, and 
 present residence of such child, together with such further facts 
 as may be of assistance in determining the age of such child. 
 
146 Appendix I — Bills Submitted to thi: Legislatttre 
 
 Such application shall be filed for not less than ninety days after 
 date of such application for such physicians' certificates, for an 
 examination to be made of the statements contained therein, and 
 in case no facts appear within such period or by such examination 
 tending to discredit or contradict any material statement of such 
 application, then and not otherwise the officer may direct such 
 child to appear thereafter for physical examination before two 
 physicians officially designated by the board of health, and in 
 case such physicians shall certify in writing that they have sepa- 
 rately examined such child and that in their opinion such child 
 is at least fourteen years of age such officer shall accept such 
 certificates as sufficient proof of the age of such child for the pur- 
 poses of this section. In case the opinions of such physicians 
 do not concur, the child shall be examined by a third physician 
 and the concurring opinions shall be conclusive for. the purpose 
 of this section as to the age of such child. 
 
 Such officer shall require the evidence of age specified in Bub- 
 division (a) in preference to that specified in any subsequent 
 subdivision and shall not accept the evidence of age permitted 
 by any subsequent subdivision unless he shall receive and file in 
 addition thereto an affidavit of the parent showing that no evi- 
 dence of age specified in any preceding subdivision or subdivisions 
 of this section can be produced. Such affidavit shall contain the 
 age, place and date of birth, and present residence of such child, 
 which affidavit must be taken before the officer issuing the em- 
 ployment certificate, who is hereby authorized and required to 
 administer such oath and who shall not demand or receive a fee 
 therefor. Such employment certificate shall not be issued iintil 
 such child further has personally appeared before and been ex- 
 amined by the officer issuing the certificate, and until such officer 
 shall, after making such examination, sign and file in his office a 
 statement that the child can read and legibly write simple sen- 
 tences in the English language and that in his opinion the child 
 is fourteen years of age or upwards and has reached the normal 
 development of a child of its age, and is in sound health and is 
 physically able to perform the work which it intends to do. Every 
 such emplovTuent certificate shall be signed, in the presence of the 
 officer issuing the same, by the child in whose name it is issued. 
 In every case, before an employment certificate is issued, such 
 physical fitness shall be determined by a medical officer of the 
 department or board of health, who shall make a thorough physical 
 examination of the child and record the result thereof on a blank 
 
 Appendix I — Bills Submitted to the Legislature 147 
 
 to bo furnished for the purpose by the state commissioner of labor 
 and shall set forth thereon such facts concerning the physical con- 
 dition and history of the child as the commissioner of labor may 
 require.J 
 
 1. The evidence of age of the child, 
 
 2. The record of the physical examination of the child. 
 
 3. The child's school record certificate which shall contain a 
 statement certifying that a child has regularly attended the public 
 schools, or schools equivalent thereto, or parochial schools, for not 
 less than one hundred and thirty days during the twelve months 
 next preceding his fourteenth birthday or during the twelvei 
 months next preceding his application for such school record, and 
 that he is able to read and write simple sentences in the English 
 language and has received during such period instruction in read- 
 ing, writing, spelling, English grammar and geography and is 
 familiar with the fundamental operations of arithmetic up to and 
 including fractions, and has completed the work prescribed for 
 the first six years of the public elementary school, or school equiv- 
 alent thereto, or parochial school, from tvhich such school record 
 is issued. Such record shall also give the date of birth and resi- 
 dence of the child, as shown on the school records, and the name 
 of the child's parents, guardian or custodian. 
 
 Note. — Taken from old § 70, preliminary paragraph, and old § 163, pre- 
 liminary paragraph. Old § 71, subs, a-e, except last 4hree sentences, covered 
 by new f 163. Old § 71, second and third sentences from end requiring child- 
 ren to personally appear, etc., covered by new §§ 165 and 166. Old § 71, last 
 sentence, covered by new § 164. 
 
 § 163. Evidence of age. The evidence of age shall show that the 
 child is over the age of fourteen years, and shall be as provided in 
 one of the following subdivisions: 
 
 1. Birth certificate; passport or baptismal certificaie. A duly 
 attested transcript of the birth certificate filed according to law 
 with a registrar of vital statistics or other officer charged with the 
 duty of recording births; or a passport or a duly attested trans- 
 cript of a certificate of baptism. 
 
 2. Certificate of graduation. A certification of graduation 
 showing that such chUd is a graduate of a public school having 
 a course of not less than eight years, or of a school in the state 
 of New York other than a public school, having a substantially 
 equivalent course of study of not less than eight years, in which 
 a record of the attendance of such child has been kept as required 
 by article twenty of the education law. 
 
148 Appendix I — Bills Submitted to the Leoislaturb 
 
 3. Other documentai-y evidence. If the child, for whom an ap- 
 plication for an employment certificate is made, is apparently 
 over the age of fourteen years and has presented his school record 
 certificate, and if satisfactory docwmentary evidence of age 
 can he produced which does not fall within any of the pre- 
 ceding subdivisions of this section, and rume of the papers men- 
 tio7ied in the preceding subdivision can he produced then and not 
 otherwise, the officer issuing employment ceHificates shall present 
 to the hoard of health of which he is an officer 
 or ageni, a statement signed by him showing such facts, 
 together with such papers as may have been received by him con- 
 stituting such evidence. The commissioner of health or the exec- 
 utive officer of the board or department of health may then accept 
 mch evidence as sufficient as to the age of such child, and such 
 evidence shall be fully entered on the minutes of the board at the 
 
 next meeting thereof, 
 
 4. Physicians' ceHificates. In cities of the first class only, 
 if the child, for whom an application for an employment certificate 
 is made, is apparently over the age of fourteen years the officer 
 issuing employment certificates may receive and file an appltcor 
 tion signed by the parent, guardian or custodian of such child for 
 physicians' certificates. The application for physicians' ceHtfi-- 
 cates shall contain the name, place and date of biHh, and resv- 
 dence of the child, together with such further facts as may he of 
 assistance in determining the age of such child, and shall remain 
 on file for not less than sixty days. An examination shall be 
 made of the statements contained therein, and if no facts appear 
 within such period or by such examination tending to discredit 
 or contradict any material statement in the application, the officer 
 shall direct the child to appear thereafter for physical examination 
 before two physicians designated by the board of health. If the 
 physicians certify in writing that they have separately examined 
 the child and that in their opinion the child is over the age of 
 fourteen years such certificates shall be sufficient evidence as to the 
 aqe of such child. If the opinions of the physicians do not con- 
 cur the child shall be examined by a third physicuin designated 
 by the hoard of health and the concurring opinions shall be suffi- 
 cient evidence as to the age of such child. 
 
 The officer issuing employment certificates shall require the 
 evidence of age in the order hereinabove designated and shall not 
 accept the evidence permitted by any subdivision other than sub- 
 division one, unless he receives and fUes in addition thereto an 
 
 ' «j 
 
 Appendix I — Bills Submitted to the Legislatdbe 149 
 
 affidavit of the parent, guardian or custodian of the child stating 
 that no evidence specified m any preceding subdivision can he 
 produced. Such affidavit shall contain the name, place and date 
 of birth, and residence of the child, and. shall be taken before the 
 officer issuing the employment certificate, who is hereby au- 
 thorized and required to administer such oath and who shall not 
 demand or receive a fee therefor. 
 
 Note.- Taken from old S 71, subs, a-e, and § 163, subs, a-e, without change 
 of substance. 
 
 § 164, Physical examination before issmnce of employment 
 ceHificate, A medical officer of the department or hoard of health 
 shall make a thorough physical examination of every child for 
 whom an application for an employment certificate is made. He 
 shall record the result of such examination and such other facts 
 concerning the child's physical condition and history as the com- 
 missioner may require on blanks to be prepared and furnished by 
 the commissumer, and shall sign the record so made. The medical 
 officer shall file such record with the officer issuing employment 
 ceHificates, and no employment certificate shall be usued unless 
 such record states that the child is normally developed for a child 
 of its age and is in sound health and physically fit to work. 
 
 Note.- Taken from old i 71, sub. e, and | 163, sub. e, without change of 
 substance. 
 
 § 165, Examination by officer issuing employment certificates. 
 No employment certificate shall be issued for any child unless 
 the child has personally appeared before and been examined by 
 the officer issuing the ceHificate, and unless such officer has, after 
 making the examination, signed and filed in his office a statement 
 that in his opinion the child is over the age of fourteen years 
 and has reached the normal development of a child of its age, 
 and is in sound health and is physically fit to work, and thai it 
 can read and legibly write correctly simple sentences m the 
 English language. 
 
 Note.- Taken from old | 71, sub. e, and § 163, sub. e, without change of 
 substance. 
 
 § [721 166. Contents of employment certificate. [Suet] The 
 emphyment certificate shall contain the name, sex, natiorudtty. 
 [state! the date and place of birth, [of the child, and descn^ the 
 color of the hair and eyesj the height and weight, the color of hair 
 
I 
 
 150 Appendix I — Bills Submitted to the Legislature 
 
 and eyes and any distinguishing [facialj physical marks of 
 [such] the child, and shall certify that the papers required by [the 
 preceding] section one hundred and sixty-two have been duly ex- 
 amined, approved and filed and that the child named in such 
 certificate has appeared before the officer signing the certificate 
 and been examined. It shall hear the date of its issue, and shall 
 he signed hy the officer issuing it and, in his presence, hy the 
 child for whom it is issued. 
 
 Note. — Also covers old § 164. Last sentence taken from old { 71, aub. e, 
 and § 163, sub. e. 
 
 § [75] 167, Supervision over issuance of employment certifi- 
 cates. [The board or department of health or health commissioner 
 of a city, village or town,] The officer issuing employment certifi- 
 cates shall transmit, [between the first and] on or hefore the tenth 
 day of each month, to the commissioner [of labor,] a list of the 
 names of all children [to] for whom certificates have been issued 
 during the preceding month, together with a duplicate [of the] rec- [ 
 ord of [every] all physical examinations [as to the physical fit- 
 ness,] made under section one hundred and sixty-four including 
 examinations resulting in rejection. In cities of the first and sec- 
 ond class all employment certificates and school record[s] certifi- 
 cates required [under the provisions of] hy this chapter shall be in 
 [such] a form [as shall be] approved by the commissioner, [of 
 labor. In towns, villages or cities other than cities of the first 
 or second class, the commissioner of labor shall prepare and fur- 
 nish blank forms for such employment certificates and school 
 records.] amd elsewhere they shall he on hlank forms prepared 
 and furnished hy him, No [school record or] employment cer- 
 tificate or school record certificate required by this [article,] 
 chapter, other than those approved or furnished by the commis- 
 sioner [of labor] as above provided, shall be used. The com- 
 missioner [of labor] shall inquire into the administration and 
 enforcement of the provisions of this article by all public officers 
 charged with the duty of issuing employment certificates, and for 
 that purpose the commissioner [of labor] shall have access to 
 all papers and records required to be kept by all such officers. 
 Note. — ^Also covers old $ 166. 
 
 § [76] 168, Regi8t[ry]er5 of children employed. [Each per- 
 son owning or operating a factory and employing children therein 
 shall keep or cause to be kept in the office of such factory, a 
 
 M 
 
 Appendix I — Bills Submitted to the Legislature 151 
 
 register, in which shall be recorded the name, birthplace, age and 
 place of residence of all children so employed under the age of 
 sixteen years. Such register and the certificate filed in such office 
 shall be produced for inspection upon the demand of the commis- 
 sioner of labor. On termination of the employment of a child so 
 registered, and whose certificate is so filed, said certificate shall be 
 forthwith surrendered by the employer to the child or its parent or 
 guardian or custodian. The commissioner of labor may make 
 demand on an employer in whose factory a child apparently under 
 the age of sixteen years is employed or permitted or suffered to 
 work, and whose employment certificate is not then filed as re- 
 quired by this article, that such employer shall either furnish him, 
 within ten days, evidence satisfactory to him that such child is 
 in fact over sixteen years of age, or shall cease to employ or per- 
 mit or suffer such child to work in such factory. The commis- 
 sioner of labor may require from such employer the same evidence 
 of age of such child as is required on the issuance of an employ- 
 ment certificate; and the employer furnishing such evidence shall 
 not be required to furnish any further evidence of the age of the 
 child. A notice embodying such demand may be served on such 
 employer personally or may be sent by mail addressed to him at 
 said factory, and if served by post shall be deemed to have been 
 served at the time when the letter containing the same would be 
 delivered in the ordinary course of the post. When the employer 
 is a corporation such notice may be served either personally upon 
 an officer of such corporation, or by sending it by post addressed 
 to the office or the principal place of business of such corporation. 
 The papers constituting such evidence of age furnished by the 
 enaployer in response to such demand shall be filed with the com- 
 missioner of labor and a material false statement made in any such 
 paper or affidavit by any person shall be a misdemeanor. In case 
 such employer shall fail to produce and deliver to the commis- 
 sioner of labor within ten days after such demand such evidence 
 of age herein required by him, and shall thereafter continue to 
 employ such child or permit or suffer such child to work in such 
 factory, proof of the giving of such notice and of such failure to 
 produce and file such evidence shall be prima facie evidence in any 
 prosecution brought for a violation of this article that such child 
 is under sixteen years of age and is unlawfully employed.] The 
 employer of children for whom employment certificates have 
 heen issued shall keep a register which shall contain the name. 
 
152 Appendix I — Bills Submitted to the Legislature 
 
 9CX, naitonality, date and place of hirtlh and place of residence 
 of every child so employed. The register and the employment 
 certificate kept on file in accord luith section one hundred and 
 sixty-one shall he produced for inspection upon the demand of the 
 commissioner. 
 
 Note.— Taken from old $$ 76 and 167, in part, witbout change of substance. 
 Old § 76, third sentence, in regard to transfer of certificate, covered by new 
 § 161. The remainder of old § 76 is covered by new i 169. 
 
 § 169. Employment of children apparently under the age of 
 sixteen years. 1. If any child, apparently under the age of six- 
 teen years, is employed in or in connection with or for any factory, 
 mercantile or other establishment or business specified in section 
 one hundred a7id sixty and no employment certificate for such 
 child is on file with the employer, the commissioner may demand 
 that the employer of such child shall furnish within ten days after 
 demand evidence satisfactory to the commissioner that the child ts 
 over the age of sixteen years, or that he shall cease to employ the 
 child. The commissioner shall require the age of the child to he 
 established in the manner prescribed in section one hundred and 
 sixty-three and the employer furnishing evidence in such manner 
 shall not be required to furnish any further evidence of the age of 
 the child. The papers constituting such evidence shall he filed with 
 the commissioner. 
 
 2. The demand for evidence may he served personally upon the 
 employer or, if the employer is a corporation, upon an officer 
 thereof, or it may he sent by mail addressed to the employer at the 
 factory or mercantile or other establishment or, if the employer 
 is a corporation, addressed to the office or principal place of busi- 
 ness thereof. If it is sent by mail, it shall be deemed to have been 
 served at the time when the letter containing the same should have 
 been delivered in the ordinary course of the mail. 
 
 3. If the employer fails to furnish such evidence within ten 
 days after demand, and, after such ten days, continues to employ 
 the child in or in connection with or for any factory, mercantile 
 or other establishment or business specified in section one hundred 
 and sixty, proof of the service of the demand and of the failure to 
 furnish such evidence shall, in any prosecution brought for a 
 violation of this article, be prima facie evidence that such child 
 is under the age of sixteen years and is unlawfully employed. 
 
 Xote.— Taken from old $§ 76 and 167, rewritten without change of sub- 
 stance. 
 
 Appendix I — Bills Submitted to the Legislature 153 
 
 § [93] 170. Prohibited employment of [women and] children 
 and females. 1. No child under the age of sixteen years shall be 
 employed [or permitted to work] in operating or assisting in 
 operating any of the following machines: 
 
 a. ][c] Circular or band saws, woodshapers, woodjointers, 
 
 planers, sandpaper or woodpolishing machinery; 
 ^' [p]/'icker machines or machines used in picking wool, 
 
 cotton, hair or any upholstery material; 
 c* [p]Paper lace machines; 
 
 d. [b]5urnishing machines in any tannery or leather [manu-] 
 factory ; 
 
 ^* [J]*^o^ <>r cylinder printing presses having motive power 
 other than foot; 
 
 /. [w] Wood-turning or boring machinery; 
 
 9' [d]Z)rill presses; 
 
 h- [m]lfetal or paper cutting machines; 
 
 t. [c]Comer staying machines in paper box factories; 
 
 y. [8]<S'tamping machines used in sheet metal and tinware 
 manufacturing or in washer and nut factories ; 
 
 k. [m]A/achines used in making corrugating rolls; 
 
 l» [8]/S'team boilers; 
 
 ^' [d]-Oough brakes or cracker machinery [of any descrip- 
 tion] ; 
 
 n. J[w]Wire or iron straightening machinery; 
 
 0. [r]/?olling mill machinery; 
 
 P' [p]^ower punches or shears; 
 
 9' [w]lFashing, grinding or mixing machinery; 
 
 r. Ic]Calendar rolls in rubber manufacturing; 
 
 s. [or l]Laundering machinery ; [or in operating or assisting 
 in operating] 
 
 t* [a]i4ny other [machines or] machinery [which may be] 
 found by the industrial board to be dangerous and so 
 specified [as such from time to time] in its rules [and 
 regulations adopted by such board]. 
 
 2. No child under the age of sixteen years shall be employed 
 [or permitted to work at] in: 
 
 a. [a]^dj listing or assisting in adjusting any belt to any ma- 
 chinery ; 
 
 h. [o] Oiling or assisting in oiling, wiping or cleaning ma- 
 chinery; 
 [or in any capacity in] 
 
 t 
 
■ 
 
 I * 
 
 154 Appendtx I — Bills Submitted to tht: T.eotslattrb 
 
 c. [p] Preparing any composition in which dangerous or 
 
 poisonous acids arc used ; for in] 
 
 d. [The manufacture] Manufacturing or packing [of] paints, 
 
 dry colors, or red or white lead; [or] 
 c. HdlDipping or dyeing matches ; [or in] 
 /. [The manufacture,] Maimfaduring, packing or storing 
 [of] powder, dynamite, nitroglycerine compounds, fuses, 
 or other explosives; [or in] 
 n. TolOr about any distillery, brewery, or any other ^tablish- 
 ment where malt or alcoholic liquors are manufactured, 
 packed, wrapped, or bottled ; [and no] 
 3. No female under the age of sixteen shall be employed [or 
 permitted to work] in any capacity where such employment com- 
 pels her to [remain standing] stand constantly. 
 
 i. No child under the age of sixteen years shall be employed [or 
 permitted] to have the care[, custody] or management of or to 
 operate an elevator either for freight or passengers. No person 
 under the age of eighteen years shall be employed [or permitted] 
 to have the carC custody] or management of or to operate an 
 elevator either for freight or passengers running at a speed ot 
 over two hundred feet a minute. 
 
 5. No male [person] under the age of eighteen y^"" to* 
 woman] nor any female under twenty-one years of age shall be 
 [permiTted or directed] employed or directed to clean machinery 
 
 while it is in motion. 
 
 6 No male [child] under the age of eighteen years nor any 
 female, shall be employed in any factory [in this «tate] m oper- 
 ating ;r using any emery, tripoli, rouge, corundum, ^^<^2.^ 
 bonrndum or [any] other abrasive, or emery Pol-l""^ « ^u"^^ 
 wheel [where articles of the baser metals or of ridium are 
 marufactured] in the manufacture of articles of the baser metals 
 
 "TiTchild under the nge of si^deen years shall he ernployed 
 in or in connection with any mine or quarry nor sUll any female 
 be employed in any mine or quarry. f„~^oiM 
 
 tAs. In addition to the cases provided for in «>« * O'^S^^ 
 subdivisions, the industrial board, when [as a result oijts.^^ 
 gations] it finds that any particular txade, P'-<*^ ^^ ^™ 
 ture or occupation, or particular method of carrying on any trade, 
 ;;L;ss oTmL,fa;ture', or occupation, is dangerous or injuno^s 
 ?o the health of minors under eighteen years of age employed 
 
 I 
 
 Appendix I — Bills Submitted to the Legislatuee 155 
 
 therein, [shall have power to] may adopt rules [and regulationsj 
 prohibiting or regulating the employment of such minors therein. 
 [4. No female shall be employed or permitted to work in any 
 brass, iron or steel foundry, at or in connection with the making 
 of cores where the oven in which the cores are baked is located and 
 is in operation in the same room or space in which the cores are 
 made. The erection of a partition separating the oven from the 
 space where the cores are made shall not be sufficient unless the 
 said partition extends from the floor to the ceiling, and the parti- 
 tion is so constructed and arranged, and any openings therein so 
 protected that the gases and fumes from the core oven will not 
 enter the room or space in which the women are employed. The 
 industrial board shall have power to adopt rules and regulations 
 regulating the construction, equipment, maintenance and opera- 
 tion of core rooms and the size and weight of cores that may be 
 handled by women, so as to protect the health and safety of women 
 employed in core rooms.] 
 
 Note. — Subdivision 1 taken from old § 93, sub. 1. Subdivisions 2, 3, 4, 5 
 and 6 taken from old § 93, sub. 2. Subdivision 7 taken from old § 131. Sub- 
 d' vision 8 taken from old § 93, sub. 3. Old § 93, sub. 4, made new § 171. 
 
 § 171. Employment of females in core-rooms. No female shall 
 he employed in any foundry, at or in connection with the making 
 of cores where the oven in which the cores are baked is located and 
 is in operation in the same room or space in which the cores are 
 made. The erection of a partition separating the oven from thi 
 space where the cores are made shall not he sufficient unless the 
 partition extends from the floor to the ceiling, and the partition is 
 80 constructed and arranged, and any openings therein so protected 
 that the gases and fumes from the core oven will not enter the room 
 or space in which the women are employed. The industrial hoard 
 shall adopt rules regulating the construction, equipment, mainte^ 
 nance and operation of core-rooms and the size and weight of cores 
 that may he handled hy women. 
 
 Note. — Taken from old § 93, sub. 4. 
 
 § [93-a] 172. Prohibited [E] employment of females after 
 childbirth [prohibited]. [It shall be unlawful for the] No 
 owner, proprietor, manager, foreman or other person in authority 
 [of] in any factory, or mercantile establishment[, mill or 
 workshop to] shall knowingly employ a female or permit a female 
 to be employed therein within four weeks after she has given 
 birth to a child. 
 
156 Appendix I — Bills Submitted to the Leoislaturs 
 
 Appendix I — Bills Submitted to the Legislature 157 
 
 n^ 
 
 > ' ; 
 I'' 
 
 § [76-a] 17S. Physical examination of children [in factories; 
 '^anrellation of employment certificates.J employed, 1. [All 
 children] Whenever required by the commissioner, every child be- 
 tween the ages of fourteen and sixteen years [of agej employed 
 in [factoriesj establishments specified in section one hundred 
 and sixty for whom an employment certificate has been issued 
 shall submit to a physical examination [whenever required] by 
 a medical inspector of the [state] department [of labor]. The 
 result of [all] such [physical] examinations shall be recorded 
 on blanks [furnished for that purpose by the commissioner of 
 labor,] and [shall be] kept on file in [such office or offices of] 
 the department [as the commissioner of labor may designate]. 
 
 2. If any such child [shall] fails to submit to such [physical] 
 examination, or if on examination the inspector finds the child 
 physically unfit to be employed, he shall suhmit a report to thai 
 effect, and the commissioner [of labor] may then issue an 
 order cancelling [such] the child^s employment certificate. Such 
 order shall be served upon the child's employer [of such child] 
 who shall forthwith deliver to [an authorized representative of] 
 the department [of labor] the child's employment certificate. A 
 certified copy of the order [of cancellation] shall be served on 
 the board of health or other local authority that issued the 
 [said] certificate. [No such child whose employment certificate 
 has been cancelled, as aforesaid, shall, while said cancellation re- 
 mains unrevoked, be permitted or suffered to work in any factory 
 of the state before it attains the age of sixteen years.] 
 
 3. If [thereafter such] a child [shall] who has refused sub- 
 sequently submits to the physical examination required, and is 
 found to be in proper physical condition to be employed [the com- 
 missioner of labor may issue an order revoking the cancellation 
 of the employment certificate and may return the employment 
 certificate to such child. Copies of the order of revocation 
 shall be served upon the former employer of the child 
 and the local board of health as aforesaid. 3. If as a 
 result of the physical examination made by a medical in- 
 spector it appears that the child is physically unfit to be employed 
 in a factory, such medical inspector shall forthwith submit a report 
 to that effect to the commissioner of labor which shall be kept on 
 file in the office of the commissioner of labor, setting forth in de- 
 tail his reasons therefor, and the commissioner of labor may issue 
 an order cancelling the employment certificate of such child. Such 
 order of cancellation shall be served, and the child's employment 
 certificate delivered up, as provided in subdivision two hereof, and 
 
 no such child while the said order of cancellation remains unre- 
 voked shall be permitted or suffered to work in any factory of the 
 state before it attains the age of sixteen years. If] or if upon a 
 subsequent physical examination of [the] any child [by a med- 
 ical] the inspector [of the department of labor it appears] finds 
 ^that the physical infirmities have been removed,] it is in fit con- 
 dition to be employed [such medical inspector shall certify to that 
 effect to the commissioner of labor, and] the commissioner [of 
 labor] may [thereupon make] file in the department an order re- 
 voking [the] such cancellation [of the employment certificate] 
 and may return the certificate to [such] the child. A certified 
 copy of the order [of revocation] shall be served [in the manner 
 provided in subdivision two hereof.] on the board of health or 
 other local authority that issued the certificate. 
 
 Note.— Taken from old $ 76-a. Applicable to factories only and extended 
 to all establishments in which an employment certificate is required. 
 
 § 174. Physical examination of females. Whenever a female 
 is required to submit to a physical examinaiion by a physician or 
 surgeon, except under the provisions of sections one hundred and 
 sixty-three and one hundred and sixty-four she shall be entitled 
 to have the examination made by a person of her own sex. No 
 employer shall require a female to submit to physical examinor 
 tion by a person not of her own sex. 
 
 Note.— Taken from old § 22. The penalty provision of old S 22 omitted as 
 annecessary, being covered by new $ 405. 
 
 § [17] 175, Seats for female employees. [Every person em- 
 ploying females in a factory or as waitresses in a hotel or restau- 
 rant shall provide and maintain suitable seats, with proper backs 
 where practicable, for the use of such female employees, and 
 permit the use thereof by such employees to such an extent as 
 may be reasonable for the preservation of their health. Where 
 females are engaged in work which can be properly performed 
 in a sitting posture, suitable seats, with backs where practicable, 
 shall be supplied in every factory for the use of all such female 
 employees and permitted to be used at such work. The industrial 
 board may determine when seats, with or without backs, are neces- 
 sary and the number thereof.] A sufficient number of chairs, 
 stools or other suitable seats, with backs where practicable, 
 shall be provided and maintained in every factory, mercantile 
 
158 Appendix I — Bills Submitted to the Legislature 
 
 Appendix I — Bills Submitted to the Legislature 159 
 
 SI" 
 
 establishment, hotel and restaurant for the use of the female emr 
 ployees therein, who shall be allowed to me the seats to such an 
 extent as may be reasonable for the preservation of their health. 
 In factories, female employees shall be allowed to use such seats 
 whenever they are engaged in work which can be properly per- 
 formed in a sitting posture. In mercantile establishments, ai 
 least one seat shall be provided for every three female employees 
 and if the duties of such employees are to be principally per- 
 formed in front of a counter, table, desk or fixture, such seats 
 shall be placed in front thereof, or if such duties are to be prxnr 
 cipally performed behind such table, desk or fixture, such seaU 
 shall be placed behind the same. 
 
 Note.— Rewritten from old § 17 and also covers old S 170 relating to mer- 
 cantile establislimenta. 
 
 ARTICLE 5, 
 
 JI0VR8 OF LABOR, 
 TITLE I. GENERAL, 
 
 Section 180, Hours to constitute a days work. 
 
 181, Brickyards, 
 
 182, Street railroads, 
 
 18S, Steam and other railroads. 
 18^, Signalmen, 
 
 185, Messengers. 
 
 186, Time allowed for meals. 
 181. One day of rest in seven. 
 
 TITLE II, FACTORIES. 
 
 Section 195. Children under sixteen, 
 
 196. Males between sixteen and eighteen. 
 
 197. Females over sixteen, 
 
 198. Females over eighteen in canneries, 
 
 199. Period of rest at night for women. 
 
 200. Enforcement of this title, 
 
 TITLE III. UERCANTILB AND OTHER ESTABUSIIMENTa. 
 Section 205. Children under sixteen. 
 206. Females over sixteen. 
 
 TITLE I. GENERAL. 
 
 § 180, Hours to constitute a days work. Unless otherwise 
 provided by law, the following number of hours shall constitute 
 a legal day's work: 
 
 U\ 
 
 1, For street surface and elevated railroad employees affected 
 by section one hundred and eighty-two, ten consecutive hours, 
 including one-half hour for dinner, 
 
 2, For employees engaged in the operation of steam or electric 
 surface, subway or elevated railroads where the mileage system of 
 running trains is not in use, except those employees affected by 
 section one hundred and eighty-four, ten hours, performed within 
 twelve consecutive hours. 
 
 S. For all other employees, except those engaged in farm or 
 domestic service and those affected by subdivision four of section 
 two hundred and fifteen, eight hours. 
 
 This subdivision does not prevent an agreement for overwork at 
 an increased compensation, except upon work by or for the state or 
 a municipal corporation, or by contractors or subcontractors there- 
 with and except as otherwise provided in this chapter. 
 
 Note. — Subdivision 1 taken from old § 6; subdivision 2 taken from old 
 f 7; subdivision 3 taken from old § 3. The provisions aflfecting public work 
 have been transferred to article 7. 
 
 § [5] 181. Hours of labor in brickyards. Ten hours, exclu- 
 sive of the necessary time for meals, shall constitute a legal day's 
 work in the making of brick in brickyards owned or operated by 
 corporations. No corporation owning or operating such brickyard 
 shall require employees to work more than ten hours in any one 
 day, or to commence work before seven o'clock in the morning. 
 But overwork and work prior to seven o'clock in the morning for 
 extra compensation may be performed by agreement between em- 
 ployer and employee. 
 
 § [6] 182. [Hours of labor on s]/S^treet [surface and ele- 
 vated] railroads. [Ten consecutive hours' labor, including one- 
 half hour for dinner, shall constitute a day's labor in the opera- 
 tion of all street surface and elevated railroads, of whatever 
 motive power, owned or operated by corporations in this state, 
 whose main line of travel or whose routes lie principally within 
 the corporate limits of cities of the first and second class. No 
 employee of any such corporation shall be permitted or allowed 
 to work more than ten consecutive hours, including one-half hour 
 for dinner, in any one day of twenty-four hours. In cases of 
 accident or unavoidable delay, extra labor may be performed for 
 extra compensation.] Except in cases of accident or unavoid- 
 able delay, no employee engaged in the operation of u street sur^ 
 face or elevated railroad of whatever motive power, owned or 
 
I 
 
 )«• 
 
 
 160 Appendix I — Bills Submitted to the Legislature 
 
 operated hy a corporation, whose mam line or route of travel lies 
 principally within a city of the first or second class, shall he emr 
 ployed more than ten consecutive hours, including one-half hour 
 for dinner, in any day, 
 
 Xote.— Taken from old f 6. The first two sentences of old { 6 now covered 
 by SS 180 and 182. 
 
 § [7 J 183, piegulation of hours of labor on s]5team [surface] 
 and other railroads. [Ten hours' labor, performed within twelve 
 consecutive hours, shall constitute a legal day's labor in the opera- 
 tion of steam surface, electric, subway and elevated railroads 
 operated within the state, except where the mileage system of run- 
 ning trains is in operation.] i. No person or corporation oper- 
 ating any [such] steam or electric surface, subway or elevated 
 railroad of thirty miles or more in length, [or over, in whole or in 
 part] wholly or partly within this state, except where the mileage 
 system of running trains is in operation, shall permit or require 
 any conductor, engineer, fireman, trainman, motorman or assistant 
 motorman, engaged in or connected with the movement of any 
 train on [any] such railroad, to be or remain on duty for a longer 
 period than sixteen consecutive hours.[, and w]lVhenever any 
 such [conductor, engineer, fireman, trainman, motorman or assist- 
 ant motorman] employee shall have been continuously on duty for 
 Hixteen hours he shall be relieved and not required or permitted 
 again to go on duty until he has had at least ten consecutive hours 
 off duty.[, and nJNo such [conductor, engineer, fireman, train- 
 man, motorman or assistant motorman] employee who has been 
 on duty sixteen hours in the aggregate in any twenty-four hour 
 period shall be required or permitted to continue or again go on 
 duty without having had at least eight consecutive hours off duty. 
 [, except] 
 
 2. This section does not apply to any such employee when 
 (a) by casualty occurring after he [has] started on his trip, 
 [and except when] or (h) hy unknown casualty occurring hefore 
 he started on his trip, or (c) by accident to or unexpected delay 
 of trains scheduled to make connection with the train on which he 
 is serving, he is prevented from reaching his terminal. [The 
 commissioner of labor shall appoint a sufficient number of in- 
 spectors to enforce the provisions of this section.] 
 
 Note.— Taken from old f 7. except that the provisions as to what shall con- 
 stitute a legal day's work arc covered by new { 180. The last sentence of old 
 section 7 is covered by new | 11. 
 
 I 
 
 Appendix I — Bills Submitted to the Leoislatuee 161 
 
 § [8] 18Jf, [Regulation of hours of labor of block system tele- 
 graph and telephone operators and s]/S'ignalmen. [on surface, sub- 
 way and elevated railroads. The provisions of section seven of this 
 chapter shall not be applicable to employees mentioned herein. It 
 ■hall be unlawful for any corporation or receiver, operating a line 
 of railroad, either surface, subway or elevated, in whole or in part 
 in the state of New York, or any officer, agent or representative of 
 such corporation or receiver to require or permit any telegraph or 
 telephone operator who spaces trains by the use of the telegraph 
 or telephone under what is known and termed the " block system " 
 (defined as follows) : Beporting trains to another office or officet 
 or to a train dispatcher operating one or more trains under signals, 
 and telegraph or telephone levermen who manipulate interlocking 
 machines in railroad yards or on main tracks out on the lines or 
 train dispatchers in its service whose duties substantially, as 
 hereinbefore set forth, pertain to the movement of cars, engines or 
 trains on its railroad by the use of the telegraph or telephone in 
 dispatching or reporting trains or receiving or transmitting train 
 orders as interpreted in this section, to be on duty for more than 
 eight hours in a day of twenty-four hours, and it is hereby declared 
 that eight hours shall constitute a day of employment for all 
 laborers or employees engaged in the kind of labor aforesaid ; ex- 
 cept in cases of extraordinary emergency caused by accident, fire, 
 flood or danger to life or property, and for each hour of labor so 
 performed in any one day in excess of such eight hours, by any 
 such employee, he shall be paid in addition at least one-eighth of 
 his daily compensation. Any person who is employed as signal- 
 man, towerman, gateman, telegraph or telephone operator in a 
 railroad signal tower or public railroad station to receive or trans- 
 mit a telegraphic or telephonic message or train order for the 
 movement of trains and who works eight hours or more in any 
 twenty-four each and every day continuously, and all gatemen so 
 employed must have at least two days of twenty-four hours each 
 in every calendar month for rest with the regular compensation ; 
 subject to the foregoing provisions relating to extra service in cases 
 of emergency. Any person or persons, company or corporation, 
 who shall violate any of the provisions of this section, shall, on 
 conviction, be fined in the sum of not less than one hundred dollars, 
 and such fine shall be recovered by an action in the name of the 
 state of New York, for the use of the state, which shall sue for it 
 against such person, corporation or association violating this sec- 
 Vol. 1 — 6 
 
I: 
 
 162 Appendix 1 — Bills SubmittIed to the LEoisLATultE 
 
 tion, said suit to be instituted in any court in this state Having 
 appropriate jurisdiction. Such fine, when recovered as aforesaid, 
 shall be paid without any deduction whatever, one-half thereof to 
 the informer, and the balance thereof to be paid into the free school 
 fund of the state of New York. The provisions of this section 
 shall not apply to any part of a railroad where not more than 
 eight regular passenger trains in twenty-four hours pass each way ; 
 provided, moreover, that where twenty freight trains pass each 
 way generally in each twenty-four hours then the provisions of 
 this section shall apply, notwithstanding that there may pass a 
 less number of passenger trains than hereinbefore set forth, namely 
 eightj 
 
 i. The term " signalman " xvhen used in this section means: 
 a. A telegraph, telephone or wireless operator who reports trains 
 
 to another office or to a train dispatcher operating 
 
 one or more trains under signals, 
 h, A telegraph or telephone leverman who manipulates inter- 
 
 locking machines in railroad yards or on main tracks out 
 
 on the lines, 
 c, A train dispatcher whose duties pertain to the movement of 
 
 cars, engines or trains, hy use of the telegraph, telephone or 
 
 wireless in dispatching or reporting trains or receiving or 
 
 transmitting train orders, 
 
 2. The term '* railroad " when used in this section means any 
 portion of a surface, subway or elevated railroad situated wholly 
 or partly in this state and operated hy a corporation or receiver 
 on which portion at least twenty freight trains on the average or 
 nine regular passenger trains pass each way in every twenty-four 
 hours, 
 
 3, No signalman shaU he employed on any railroad for more 
 than eight hours in any day except in cases of extraordinary 
 emergency caused hy accident, fire, flood or danger to life or prop- 
 erty and he shall he paid for each hour of such overtime at lea^t 
 one-eighth of his daily compensation, ^ 
 
 U' Every signalman and every towerman or gateman performing 
 duties similar to those of a signalman, who is employed for eight 
 hours or m^ore every day shall he allowed at least two days of rest 
 of twenty-four hours each in every calendar month with the 
 regular compensation, except in cases of extraordinary emer- 
 gency caused hy accident, fire, flood, or danger to life or property. 
 
 Note. — The first sentence of old i 8 has been transferred to new § 180. The 
 provision of old f 8 as to penalty covered by new § 405 words " or wireless " 
 new in sub. 1-a and c. 
 
 , 
 
 Appendix I — Bills Submitted to the Legislattjbe 163 
 
 § [161-a.] 186. [Hours of labor of m]a¥essengers. In cities 
 of the first or second class no person imder the age of twenty-one 
 years shall be employed [or permitted to work] as a messenger 
 for a telegraph or messenger company in the distribution, transr 
 mission or delivery of goods or messages before five o'clock in 
 the morning or after ten o'clock in the evening [of any day]. 
 
 § [89] 186, Time allowed for meals. Every person employed 
 in [each]' or in connection with any factory^ shall he allowed at 
 least sixty minutes [shall be allowed] for the noonday meal, 
 unless the commissioner [of labor] shall permit a shorter time. 
 Such permit [must] shall be in writing and shall he kept con- 
 spicuously posted in the main entrance of the [factory,] estah- 
 lishment [and] hut it may be revoked at any time. Every person 
 employed in or in connection with any mercantile or other estab- 
 lishment specified in section one hundred and sixty shall he allowed 
 at least forty-five minutes for the noon-day meal. Where [em- 
 ployees are required or permitted to work] any person is employed 
 [overtime for more than one hour] after [six] seven o'clock in 
 the evening, [they] he shall be allowed at least twenty minutes 
 to obtain a lunch, or supper between five and seven o'clock in the 
 evening [before beginning to work overtime]. 
 
 Note. — Taken from old | 39. It also covers old i 161, relating to mercan- 
 tile Mtabliahments. 
 
 § [8-a] 187, One day of rest in seven. 1. Every employer [of 
 labor engaged in carrying on any] operating a factory or mercan- 
 tile establishment [in this state] shall allow every person, except 
 those specified in subdivision two, employed in such factory or 
 mercantile establishment at least twenty-four consecutive hours 
 of rest in every [seven consecutive days.] calendar week provided 
 that no more than eight days intervene between such days of rest, 
 No employer shall operate any such factory or mercantile estab- 
 lishment on Sunday unless he [shall have] has complied with 
 subdivision three. [Provided, however, that t]rhis section 
 [shall] does not authorize any work on Sunday not now or here- 
 after authorized by law. 
 
 2>. [This section shall not apply to 
 
 (a) Janitors; 
 
 (b) Watchmen; 
 
 (c) Employees whose duties include not more than three hours' 
 work on Sunday in (1) setting sponges in bakeries; (2) caring 
 for live animals; (3) maintaining fires; (4) necessary repairs to 
 boilers or machinery. 
 
164 Appendix I — Bills Submitted to the Leqi8latube 
 
 (d) Superintendents or foremen in charge; 
 
 (e) Employees, if the commissioner of labor in his discretion 
 approves, engaged in the work of any industrial or manufacturing 
 process necessarily continuous, in which no employee is permitted 
 to work more than eight hours in any calendar day ; 
 
 (f) Employees in dairies, creameries, milk oondensaries, milk 
 powder factories, milk sugar factories, milk shipping stations, 
 butter and cheese factories, ice cream manufacturing plants and 
 milk bottling plants, where not more than seven persons are em- 
 ployed.] This section does not apply to males over the age of 
 eighteen years employed as janitors, watchmen, superintendents 
 or foremen in charge, nor to male employees over the age of 
 eighteen years whose duties include not more than three hours' 
 work on Sunday in (a) setting sponges in bakeries; (6) caring 
 for live animals; (c) maintaining fires; (d) making necessary 
 repairs to boilers or machinery; («) employees, if the commis- 
 sioner of labor in his discretion approves, engaged in the work 
 of any industrial or manufacturing process necessarily continuous, 
 in which no employee is permitted to work more than eight hours 
 in any calendar day; (/) employees in dairies, creameries, milk 
 condensaries, milk powder factories, milk sugar factories, milk 
 shipping stations, butter and cheese factories, ice cream, manu- 
 facturing plants and milk bottling plants, where not more than 
 seven persons are employed. 
 
 3. Before operating on Sunday, every employer shall post in a 
 conspicuous place on the premises a schedule containing a list of 
 his employees who are required or allowed to work on Sunday 
 and designating the day of rest for each, and shall file a copy of 
 such schedule with the commissioner [of labor]. The employer 
 shall promptly file with the [said] commissioner a copy of every 
 change in such schedule. No [employee] person shall be [re- 
 quired or allowed to work] employed on the day of rest so desig- 
 nated for him. 
 
 4. Every employer shall keep [a time-book] records, in a form 
 approved by the commissioner, showing the names and addresses 
 of all employees and the hours worked by each of them in each 
 day£, and such time-book shall be open to inspection by the 
 commissioner of labor]. 
 
 5. The industrial board at any time when the preservation of 
 property, life or health requires, may except specific casee for 
 (Specified periods from the provisions of this act by written orders 
 
 I 
 
 Appendix I — Bills Submitted to the Leoislatube 165 
 
 which shall be recorded as public records. In emergency cases 
 the commissioner may on application grant such exemption, 
 
 Kote. — Words " males over the age of eighteen years " added to sub. 2 to 
 continue provision formerly contained in old S 77. 
 
 TITLE 11, FACTORIES. 
 
 § 196. Children under sixteen. No child under the age of six- 
 teen years shaU be employed in or in connection with a factory 
 before eight o'clock in the morning, or after five o'clock in the 
 evening or more than eight hours in any day, or more than stx 
 days in any week. 
 
 Note. — Taken from old | 77, sub. 1 and also covers first sentence of § 78. 
 
 § 196. Males between sixteen and eighteen. No male over the 
 age of sixteen years and under the age of eighteen years shall be 
 employed in a factory, except in canning or preserving perishable 
 products between the fifteenth day of June and the fifteenth day of 
 October in each year, 
 
 (a) More than six days or fifty-four hours in any week; 
 
 (b) More than ten hours in any day. 
 
 In no case shall such person be employed between the hours of 
 twelve midnight and four o'clock in the morning. 
 
 Note.— Taken from old § 77, sub. 2, and old § 78, subs. 1 and 2. The 
 change from nine hours a day to ten hours a day in sub. (9) is not a change 
 In substance because that was permitted in the provisions of the old law 
 relating to regular and irregular overtime which are here omitted because 
 they are meaningless. 
 
 § 197. Females over sixteen. No female over the age of sixteen 
 years shall be employed in a factory, except as provided in section 
 one hundred and ninety-eight, 
 
 (a) More than six days or fifty-four hours in any week; 
 
 (b) More than ten hours in any day. 
 
 In no case shall a female under the age of twenty-one years be 
 employed in a factory before six o'clock in the morning or after 
 nine o'clock in the evening. 
 
 Note. — Taken from old { 77, sub. 3, and old f 78, sub. 1. For explanation 
 of change from nine to ten hours in subdivision (b) see note to preceding 
 section. 
 
 § P^l ^^^' [Exceptions] Females over eighteen in canneries, 
 [1. A female sixteen years of age or upwards and a male between 
 the ages of sixteen and eighteen may be employed in a factory 
 
166 Appendix I— Bilw Submitted to the Leoislatdke 
 
 more than nine hours a day: (.) wgnlarly in not to exceed five 
 days a week, m order to make a short day or holiday on one of 
 he SIX working days of the week; (b) irregularly in not to exceed 
 mree days a wcok ; provided that no such person shall be required 
 or pennitted to work more than ten hours in any one day or more 
 than fifty-four hours in any one week, and that the provisions of 
 the preceding section as to notice or time book be fully complied 
 
 2. The provisions of subdivision two of section seventy-seven 
 relating to maximum hours shall not apply to the employment of 
 male minors sixteen years of age and upwards in canning or pre- 
 serving perishable products in fruit and canning establishments 
 between the fifteenth day of June and the fifteenth day of October 
 each year. 
 
 3 A female eighteen years of age or upwards may, notwith- 
 standing the provisions of subdivision three of section seventy- 
 seven of Ma chapter, be employed in canning or preserving perish- 
 able products in fruit and canning establishments between the 
 fifteenth day of June and the fifteenth day of October in each 
 year not more than six days or sixty hours in any one week nor 
 ■iiore than ten hours in any one day ; and the industrial board shall 
 liave power to adopt rules and regulations permitting the employ- 
 ment of women eighteen years of age and upwards on such work 
 T '^f, «»t«''''shment8 between the twenty-fifth day of June and 
 the fifth day of August in each year not more than six days nor 
 more than sixty-six hours in any one week nor more than twelve 
 hours m any one day, if said board shall find that such employ- 
 ment IB required by the needs of such industry and can be per- 
 mitted without serious injury to the health of women so employed. 
 The provisions of this subdivision shall have no application unless 
 the daily hours of labor shaU be posted for the information of 
 employees and a time book in a form approved by the commis- 
 sioner of labor, giving the names and addresses of all female em- 
 ployees and the hours of work by each of them in each day shall 
 be properly and correctly kept and shall be exhibited to him or 
 any of his subordinates promptly upon demand. No person shall 
 knowingly make or permit or suffer to be made a false entry in 
 any such time book. 
 
 4 In a prosecution for a violation of any provision of this or 
 of the preceding section the burden of proving a permit or excep- 
 tion shaU be upon the party claiming it] A female over the 
 
 Appendix I — Bills Submitted to the Legislature 167 
 
 age of eighteen years may he employed in canning or preserving 
 perishable vroducts between the fifteenth day of June and the 
 fifteenth day of October in each year not more than ten hours in 
 any day nor more than six days or sixty hours in any week, hut 
 the industrial hoard may adopt rules permitting such employment 
 between the twenty-fifth day of June and the fifth day of Augu>st 
 in each year not more than twelve hours in any day nor more than 
 six days or sixty-six hours in any week, if it finds that such em- 
 ployment is required by the needs of the industry and can he per- 
 mitted without serious injury to the health of the women so em- 
 ployed. 
 
 Note. — Taken from old § 78, sub. 3. Old S 78, sub. 1. covered by new 
 il 196, 197. Old $ 78, sub. 2, covered by new § 196. Old § 78, sub. 3, 
 covered by new { 198. 
 
 § [93-bJ 199, Period of rest at night for women. In order to 
 protect the health and morals of females employed in factories by 
 providing an adequate period of rest at night no woman shall be 
 employed or permitted to work in any factory [in this state] 
 before six o'clock in the morning or after ten o'clock in the even- 
 ing of any day. 
 
 § [77] 200. [Hours of labor of children, minors and women] 
 Enforcement of this title. [1. No child under the ago of sixteen 
 years shall be employed or permitted to work in or in connection 
 with any factory in this state before eight o'clock in the morning, 
 or after five o'clock in the evening of any day, or for more than 
 eight hours in any one day, or more than six days in any one week. 
 
 2. No male minor under the age of eighteen years shall be cm- 
 ployed or permitted to work in any factory in this state more than 
 six days or fifty-four hours in any one week, or for more than 
 nine hours in any one day, except as hereinafter provided; nor 
 between the hours of twelve midnight and four o'clock in the 
 morning. 
 
 3. No female minor under the age of twenty-one years and no 
 woman shall be employed or permitted to work in any factory in 
 this state more than six days or fifty-four hours in any one week ; 
 nor for more than nine hours in any one day except as hereinafter 
 provided. No female minor under the age of twenty-one years 
 shall be employed or permitted to work in any factory in this state 
 before six o'clock in the morning or after nine o'clock in the even- 
 ing of any day.] 
 
i 
 
 I I 
 
 '4 
 
 168 Appendix I — Bills Submitted to the Legislature 
 
 [4] i. A [printed] notice, [inj on a[form which shall hej 
 blank furnished by tho commissioner [of laborj, stating the num- 
 ber of hours per day for each day of the week required of [such] 
 all persons subject to the provisions of this title, and the time 
 when such work shall begin and end, shall be kept posted in a con- 
 spicuous place in each room where they are employed. [But such 
 persons may begin their work after the time for beginning and 
 stop before the time for ending such work, mentioned in such 
 notice, but they shall not otherwise be employed, permitted or 
 suffered to work in such factory except as stated therein.] 
 
 The terms of [such] the notice shall not be changed after the 
 beginning of labor on the first day of the week without the con- 
 sent of the commissioner [of labor]. The presence of any such 
 person[s] in the factory at any other hours than those stated in 
 the [printed] notice, or, if no such notice [be] is posted, before 
 seven o'clock in the morning or after six o'clock in the evening, 
 shall constitute prima facie evidence of a violation of [this] the 
 section relating to the hours of labor of such person, 
 
 [5] 2, In a factory wherein, owing to the nature of the work, 
 it is practically impossible to fix the hours of labor weekly in ad- 
 vance the commissioner [of labor], upon an [proper] applica- 
 tion stating facts showing the necessity therefor, shall grant a 
 permit dispensing with the notice [hereinbefore] required in 
 this section, [, upon condition that] 
 
 ^i. in every factory operating under such a permit, or employ- 
 ing females under section one hundred and ninety-eight, a notice 
 stating the daily hours of labor shall be posted for the information 
 of employees and [that] a time book in a form to be approved by 
 [him] the commissioner, giving the names and addresses of all 
 [female] employees who are subject to this section, and the hours 
 worked by each of them in each day, shall be [properly and cor- 
 rectly] kept[, and shall be exhibited to him or any of his sub- 
 ordinates promptly upon demand. Such J. 
 
 J^. The permit shall be kept posted in [such] a conspicuous 
 place in [such] the factory, [as such commissioner may pre- 
 scribe, and may be revoked by such] The commissioner [at any 
 time] may revoke the permit for failure to [post] keep it or the 
 daily hours of labor posted, or to keep [or exhibit such] the time 
 book as herein provided. 
 
 [6] 5, Where a female or male minor is employed in two or 
 more factories or mercantile establishments, or in one factory and 
 
 l( 
 
 Appendix I — Bills Submitted to the Legislatubb 169 
 
 one mercaniile establishment, in the same day or week the total 
 time of employment must not exceed that allowed per day or week 
 in a single factory or mercantile establishment[ ; and any person 
 who shall require or permit a female to work in a factory between 
 the hours of six o'clock in the evening and seven o'clock in the 
 morning in violation of the provisions of this subdivision of this 
 section, with or without knowledge of the previous or other em- 
 ployment, shall be liable for a violation thereof.] 
 
 6, In a prosecution for a violation of any provision of this 
 title the burden of proving a permit or exception shall be upon 
 the party claiming it. 
 
 Note.— Subdivision 1 is taken from old § 77, sub. 4; sub. 2 is taken from 
 old { 77, sub. 5; sub. 3 is taken from old § 77, sub. 5; sub. 4 is taken from 
 old i 77, sub. 5; sub. 5 is taken from old § 77, sub. 6; sub. 6 is taken from 
 old S 78, sub. 4. Subdivisions 1, 2 and 3 of old § 77 are covered by new 
 If 193^ 196 and 197. 
 
 TITLE in. MERCANTILE AND OTHER ESTABLISHMENTS. 
 
 § [161] iS05. [Hourg of labor of minors and women ; time for 
 meals.] 1. Children under sixteen. No child under the age of 
 sixteen years shall be employ ed[, permitted or suffered to work] 
 in cr in connection with any mercantile establishment, busiiiess 
 office, telegraph office, restaurant, hotel, apartinent house, theater 
 or other place of amusement, bowling alley, barber shop, shoe- 
 polishing establishment, or in the distribution or transmission of 
 merchandise, articles or messages, or in the distribution or sale 
 of articles [more than six days or forty-eight hours in any one 
 week, or more than eight hours in any one day, or before eight 
 o'clock in the morning or after six o'clock in the evening of any 
 day. The foregoing provision shall not apply to any employment 
 prohibited or regulated by section four hundred and eighty-five of 
 the penal law. 
 
 2. No female employee over the age of sixteen years shall be 
 required, permitted or suffered to work in or in connection witli 
 any mercantile establishment more than six days or fifty-four 
 hours in any one week, or more than nine hours in any one day, 
 unless for the purpose of making a shorter work day of some one 
 day of the week; or before seven o'clock in the morning or after 
 ten o'clock in the evening of any day. This section does not apply 
 to the employment of persons sixteen years of age or upward 
 between the eighteenth day of December and the following twenty- 
 fourth day of December, both inclusive. 
 
*• 
 
 ItO Appendix 1 — Bills Submitted to the Legislatttbe 
 
 8. Not less than forty-five minutes shall be allowed for the 
 noonday meal of the employees of any establishment specified 
 in subdivision one hereof, unless the commissioner of labor shall 
 permit a shorter time. Such permit shall be kept conspicuously 
 posted in the main entrance of the establishment, but it may be 
 revoked at any time. Whenever any employee is employed or 
 permitted to work after seven o*clock in the evening, such em- 
 ployee shall be allowed at least twenty minutes to obtain lunch 
 or supper between five and seven o'clock in the evening.] : 
 
 (a) More than six days or forty-eight hours in any week; 
 
 (b) Before eight o'clock in the morning or after six o'clock in 
 the evening; 
 
 (c) More than eight hours in any day. 
 
 This section does not apply to any employment prohibited or 
 regulated by section four hundred and eighty- fhe of the penal 
 law, 
 
 § S06, Females over sixteen. Except from the eighteenth day 
 of December to the following twenty-fourth day of December, both 
 inclusive, no female over the age of sixteen years shall be employed 
 in or in connection with any mercantile establishment: 
 
 (a) More than six days or fifty-four hours in any week; 
 
 (b) Before six o'clock in the morning or after ten o'clock 
 in the evening; 
 
 (c) More than nine hours in any day, except that she may be 
 employed more than nine hours per day in order to make a 
 short day or holiday of one of the six working days of the week. 
 
 Note.— Rewritten from old { 161, sub. 1. Old § 161, sub. 2, covered by 
 new § 206. Old § 161, sub. 3, covered by now § 186. Change in substance in 
 sub. (b) from seven o'clock in the morning to six o'clock in the morning. 
 
 ARTICLE 6, 
 
 PAYMENT OF WAOES. 
 
 Section 210, Cash payment of wages, 
 
 211, When wages are to be paid, 
 
 212, Assignment of future wages, 
 
 § [10] 210, Cash payment of wages. [Every manufac- 
 turing, mining, quarrying, mercantile, railroad, street railway^ 
 canal, steamboat, telegraph and telephone company, every express 
 company, every corporation engaged in harvesting and storing ice, 
 and every water company, not municipal, and every person, firm 
 or corporation, engaged in or upon any public work for the state 
 or municipal corporation thereof, either as a contractor or a 
 
 Appendix I — Bills Submitted to the Legislature 171 
 
 subcontractor therewith, shall pay to each employee engaged in 
 his, their or its business the wages earned by such employee in 
 cash. No such company, person, firm or corporation shall here- 
 after pay such employees in scrip, commonly known as store 
 money-orders. No person, firm or corporation engaged in carrying 
 on public work under contract with the state or with any munici- 
 pal corporation of the state, either as a contractor or subcontractor 
 therewith, shall, directly or indirectly, conduct or carry on what 
 is commonly known as a company store, if there shall, at the time, 
 be any store selling supplies within two miles of the place where 
 such contract is being executed. Any person, firm or corporation 
 violating the provisions of this section shall be guilty of a mis- 
 demeanor. J 1, The following employers shall pay in cash to each 
 employee engaged in their respective businesses the wages earned 
 by such employee: 
 
 {a) Manufacturing y mining, quarrying, mercantile, railroad, 
 street railway, steamboat, canal, telegraph, telephone or express 
 corporations or joint-stock associations, 
 
 (b) Nonmunicipal water corporations or joint-stock associa- 
 tions. 
 
 (c) Corporaiions or joint-stock associations engaged in hxurvest- 
 
 ing or storing ice, 
 
 2, No su^h employer shall pay such employees in scrip com- 
 monly known as store money-orders. 
 
 Note.— Subdivision 1 Uken from old S 10, first sentence. Subdivision 2 
 taken from old § 10, second sentence. Old $ 10, latter part of first sentence 
 covered by new §215. Old § 10. third sentence, relating to company stores, 
 covered by new { 216. Old | 10, last sentence, relating to penalty, covered by 
 new i 405. 
 
 § [llj 211. When wages are to be paid. 1, [Every corpora- 
 tion or joint-stock association, or person carrying on the business 
 thereof by lease or otherwise, shall pay weekly to each employee 
 the wages earned by him to a day not more than six days prior 
 to the date of such payment. But eJEwerj [person or] cor- 
 poration or joint-stock association operating a steam sur- 
 face railroad, or person carrying on the business thereof by 
 lease or otherwise siiall, on or before the first day of each month, 
 pay [thej to each employee[s thereof] the wages earned by 
 [them] him during the first half of the preceding calendar month 
 ending with the fifteenth day thereof, and on or before the fifteenth 
 day of each month pay [the] to each employee[s thereof] the 
 wages earned by [them] him during the last half of the preceding 
 calendar month. 
 
172 Appendix I — Bills Submitted to the Leqislatubi 
 
 £. Every other corporation or joint-stoch association, or person 
 carrying on the business thereof by lease or otherwise, shall pay 
 weekly to each employee the wages earned by him to a day not 
 more than six days prior to the date of such payment, 
 
 S, No person shall require from any employee as a condition 
 of employment any agreement to accept wages at other periods 
 than as provided in this section. 
 
 Note.— Subdivision 1 taken from old | 11, second sentence. Subdivision 2 
 is taken from old i 11, first sentence. Subdivision 3 taken from old I 13. 
 
 § [13J 212. Assignment of future wages. No assignment of fu- 
 ture wages, [payable weekly, or monthly in case of a steam surface 
 railroad eorporation,J affected by the provisions of section two 
 hundred and eleven, shall bo valid if made to the [corporation 
 or association from which such wages are to become due,] em- 
 ployer or to any person on [its] behalf of the employer, or if 
 made or procured to be made to any person for the purpose of ro- 
 lieving [such corporation or association] the employer from the 
 obligation to pay [weekly, or monthly in case of a sicam surface 
 railroad corporation] wages as provided by su£h section. Charges 
 for groceries, provisions or clothing shall not bo a valid off-set 
 [for wages] in behalf of the employer against wages, [any such 
 corporation or association. No such corporation or association 
 shall require any agreement from any employee to accept wages 
 at other periods than as provided in this article as a condition 
 of employment] 
 
 Note.— L«flt sentence of old | 13 covered by new | 211, tab. 3. 
 
 ARTICLE t. 
 
 PUBUO WORE, 
 
 Section 215. Hours and wages. 
 
 216. Company stores. 
 
 217. Preference in employment of persons upon public 
 
 works. 
 
 218. Enforcement of article. 
 
 219. Proceedings for noncompliance. 
 
 § [3] 216. [Hours to constitute a day's work] 1. Hours 
 and wages. [Eight hours shall constitute a legal day's work for 
 all classes of employees in this state except those engaged in farm 
 and domestic service unless otherwise provided by law. This seo* 
 lion does not prevent an agreement for over work at an increased 
 
 ^ 
 
 I 
 
 I 
 
 Appendix 1 — Bills Submitted to the Legislature 173 
 
 compensation except upon work by or for the state or a muni- 
 cipal corporation, or by contractors or subcontractors therewith.] 
 Each contract to which the state or a municipal corporation or a 
 commission appointed pursuant to law is a party which may in- 
 volve the employment of laborers, workmen, or mechanics shall 
 contain a stipulation that no laborer, workman or mechanic in the 
 employ of the contractor, subcontractor or other person doing 
 or contracting to do the whole or a part of the work contemplated 
 by the contract shall be permitted or required to work more than 
 eight hours in any one calendar day except in cases of extraor 
 dinary emergency caused by fire, flood or danger to life or 
 property. No such person shall be employed more than eight 
 hours in any day except in su^h emergency. 
 
 2. The wages to be paid for su>ch a [legal] day's work [as 
 hereinbefore defined] to all [classes of] such laborers, workmen 
 or mechanics upon all such public works, or upon any material to 
 be used upon or in connection therewith, shall not bo less than 
 the prevailing rate for a day's work in the same trade or occupa- 
 tion in the locality within the state where such public work on, 
 about or in connection with which such labor is performed in its 
 final or completed form is to be situated, erected or used and shall 
 be paid in cash. Each such contract [hereafter made] shall con- 
 tain a stipulation that each such laborer, workman or mechanic, 
 employed by such contractor, subcontractor or other person [on,] 
 about or upon such public work, shall receive [such] the wages 
 herein provided for. 
 
 3. Each contract for such public work [hereafter made] shall 
 contain a provision that the same shall be void and of no effect 
 unless the person or corporation making or performing the same 
 shall comply with the provisions of this section; and no such 
 person or corporation shall be entitled to receive any sum nor 
 shall any officer, agent or employee of the state or of a municipal 
 corporation pay the same or authorize its payment from the funds 
 under his charge or control to any such person or corporation for 
 work done upon any contract, which in its form or manner of 
 performance violates the provisions of this section, [but nothing 
 in t] 
 
 -J. This section shall [be construed to] not apply to 
 a. [s]5tationary firemen in state hospitals, [nor to] 
 b' [o] Other persons regularly employed in state institutions, 
 except mechanics, [nor shall it apply to] 
 
I: I 
 
 I 
 t 
 
 l:& 
 
 i 
 
 
 I 
 
 174 Appendix I — Bills Submitted to the Leoislatubi 
 
 e. f ej^n^neers, electricians and elevator men in the depart* 
 ment of public buildings during the [annualj sessions of the 
 legislature, [nor to] 
 
 d. Employees engaged in the construction, maintenance and re- 
 pair of highways outside the limits of cities and villages. 
 
 Note. — The first two sentences of old { 3 are covered in new | 180. 
 
 § 216. Company stores. No person engaged in carrying on 
 public work under contract with the state or with any municipal 
 corporation either as a contractor or subcontractor shall, directly 
 or indirectly, conduct what is commonly known as a company 
 store if there is any store selling supplies, within two miles of the 
 place where such contract is being executed. 
 
 Note.— Taken from old { 10. 
 
 § [14] ^i 7. Preference in employment of persons upon public 
 works. In the construction of public works by the state or a 
 municipality, or by persons contracting with the state or such 
 municipality, only citizens of the United States shall be em- 
 ploy ed.[; and in all cases w] 11 here laborers are employed on any 
 such public works, preference shall be given citizens of the state of 
 New York. In each contract for the construction of public works 
 a provision shall be inserted to the effect that, if the provisions of 
 this section are not complied with, the contract shall be void. All 
 boards, officers, agents or employees of cities of the first class [of 
 the stato,] having the power to enter into contracts which provide 
 for the expenditure of public money on public works, shall file in 
 the office of the commissioner [of labor] the names and addresses 
 of all contractors holding contracts with said cities [of the state]. 
 [Upon the letting of new contracts the names and addresses of 
 such new contractors shall likewise be filed.] Upon the demand 
 of the commissioner [of labor] a contractor shall furnish a list of 
 the names and addresses of all subcontractors in his employ. Each 
 contractor performing work for any city of the first class shall 
 keep a list of his employees, [in which it shall be set forth] stating 
 whether they are naturalized or native bom citizens of the United 
 States, together with, in case of naturalization, the date of natu- 
 ralization and the name of the court where such naturalization was 
 granted. [Such lists and records shall be open to the inspection of 
 the commissioner of labor. A violation of this section shall con- 
 stitute a misdemeanor and shall be punishable by a fine of not les? 
 
 , 
 
 't 
 
 I 
 
 Appendix I — Bills Submitted to the Leoislatube 175 
 
 than fifty dollars nor more than ^vq hundred dollars, or by im- 
 prisonment for not less than thirty nor more than ninety days, or 
 by both such fine and imprisonment.] 
 
 Note. — The provision of old § 14, next to last sentence, that lists shall be 
 open to inspection, covered by new { 42. Old § 14, last sentence, relating to 
 penalty, covered by new § 405. 
 
 § [21] 218, [Commissioner of labor to e]J^nforcemen^ [pro- 
 visions] of article. [The commissioner of labor shall enforce all 
 the provisions of this article. He shall investigate complaints 
 made to him of violations of such provisions and if he finds that 
 such complaints are well founded he shall issue an order directed 
 to the person or corporation complained of, requiring such person 
 or corporation to comply with such provisions. If such order is 
 disregarded the commissioner of labor shall present to the district 
 attorney of the proper county all the facts ascertained by him in 
 regard to the alleged violation, and all other papers, documents or 
 evidence pertaining thereto, which he may have in his possession. 
 The district attorney to whom such presentation is made shall 
 proceed at once to prosecute the person or corporation for the 
 violations complained of, pursuant to this chapter and the pro- 
 visions of the penal law. If complaint is made to the commis- 
 sioner of labor that any person contracting with the state or a 
 municipal corporation for the performance of any public work 
 fails to comply with or evades the provisions of this article re- 
 specting the payment of the prevailing rate of wages, the require- 
 ments of hours of labor or the employment of citizens of the 
 United States or of the state of New York,] // the commissioner 
 [of labor shall if he] finds [such complaints to be well founded,] 
 that any provision of this article has been violated, he shall 
 present evidence of such noncompliance to the officer, depart- 
 ment or board having charge of such work. Such officer, depart- 
 ment or board shall thereupon take the proper proceedings to 
 revoke the contract of the person violating [failing to comply 
 with or evading] such provisions. 
 
 Note.— Old J 31, first part of section covered by general provisions. 
 
 § [4] 219, [Violations of the labor law] Proceedings for 
 nonenforcement. Any officer, agent or employee of this state or 
 of a municipal corporation therein having a duty to act in the 
 premises who violates, [evades] or knowingly permits the vio- 
 lation [or evasion] of any of the provisions of this [chapter] 
 
I i 
 
 1T6 Appendix I — Bills Submitted to the Leoislattre 
 
 article shall be guilty of malfeasance in oflSce and shall be sus- 
 pended or removed by the authority having power to appoint or 
 remove such officer, agent or employee; otherwise by the gover- 
 nor. Any citizen of this state may maintain proceedings for the 
 suspension or removal of such officer, agent or employee or may 
 maintain an action for the purpose of securing the cancellation or 
 avoidance of any contract which by its terms or manner of per- 
 formance violates this [chapterj article or for the purpose of pre- 
 venting any officer, agent or employee of such municipal corpo- 
 ration from paying or authorizing the payment of any public 
 money for work done there[upon]tin^er. 
 
 Note.— Adapted from old { 4. See new | 405 in relation to penalty. 
 
 ARTICLE 8. 
 
 EMPLOYMENT AGENCIES AND IMMIGRANT LODGING HOVSES. 
 
 Section 225. Definition, 
 
 226. Immigrant lodging houses to he licensed. 
 
 227. Issuance of immigrant lodging-house license. 
 
 228. Rate of charges to he posted and filed. 
 
 § 225. Definition. The term "immigrant lodging house/' as 
 used in this article, includes any place, hoarding house, lodging- 
 house, inn or hotel where immigrants or emigrants while in 
 transit, or aliens are received, lodged, hoarded or harhored, hut 
 does not include any place maintained or conducted hy a chari- 
 table, philanthropic or religious society, association or corporation. 
 Nothing contained herein applies to temporary sleeping quarters 
 in Ichor or construction camps. 
 
 Note.— Taken from old § 156, sub. 4. 
 
 § 1*156. The licensing and regulation of immigrant lodging 
 places.] 226. Immigrant lodging houses to he licensed. [Ij No 
 person shall [hereaf terj directly or indirectly, [own,] conduct or 
 keep an immigrant lodging [place] house without [having first 
 obtained from the conmiissioner of labor] a license [therefor. 
 Before receiving such license the applicant therefor shall file with 
 the commissioner of labor, in such form as he may prescribe, a 
 statement verified by such applicant, or if said applicant ia a 
 corporation, by one of its officers, designating the location of the 
 immigrant lodging place for which a license shall be requested, and 
 specifying the number of boarders or lodgers received by said ap- 
 plicant at any one tiiiK' during the year preceding such application 
 
 
 Appendix I — Bills Submitted to the Legislature 177 
 
 at the place for which a license is sought, or if no business shall 
 have previously been conducted at said place the maximum number 
 of boarders or lodgers which it will accouMuodate. With such 
 application there shall be presented to the commissioner of labor 
 proof of the good moral character of the applicant, and in case 
 such applicant is a corporation, of its officers, and in addition 
 thereto, in the discretion of the commissioner of labor, a bond to 
 the people of the state of New York, with two or more sureties or 
 of a surety company approved by the commissioner of labor, con- 
 ditioned that the obligator shall obey all laws, rules and regulations 
 applicable to such immigrant lodging place prescribed by any law- 
 ful authority, and that such obligator shall discharge all obligations 
 and pay all damages, loss and injuries which shall accrue to any 
 person or persons dealing with such licensee, by reason of any 
 contract or other obligation of such licensee or resulting from any 
 fraud or deceit, conversion of property, oppression, excessive 
 charges, or other wrongful act of said licensee or of his servants 
 or agents in connection with the business so licensed. Where the 
 number of boarders or lodgers specified in said application shall 
 not exceed ten persons the penalty of said bond shall be one hun- 
 dred dollars, where it shall be more than ten and less than fifty 
 persons it shall be two hundred and fifty dollars, and where the 
 mmiber shall be more than fifty it shall be five hundred dollars. 
 Any person aggrieved may bring an action for the enforcement 
 of such bond in any court of competent jurisdiction. On the 
 approval of the application for said license and of the bond filed 
 therewith the commissioner of labor shall issue a license authoriz- 
 ing the applicant to own, conduct and manage an immigrant lodg- 
 ing place at the place designated in the application and to be 
 specified in the license certificate. For such license the applicant 
 shall pay to the commissioner of labor a fee of five dollars where 
 the number of boarders or lodgers stated in the application does 
 not exceed ten, a fee of ten dollars where such number exceeds 
 ten and does not exceed fifty, and a fee of twenty-five dollars 
 where such number exceeds fifty. Such license shall not be trans- 
 ferable without the consent of the commissioner of labor, nor 
 authorize the conduct of an immigrant lodging place on any other 
 premises than those described in the application. Such license 
 shall be renewable annually on the payment of a fee based on the 
 maximum number of boarders and lodgers received by the licensee 
 at the place licensed during the preceding year. The commissioner 
 
178 Appendix I — Bills Submitted to the Leoislature 
 
 li 
 
 of labor shall keep a book or books in which the licenses granted 
 and the bonds filed shall be entered in alphabetical order, together 
 with a statement of the date of the issuance of the license, the nume 
 or names of the principals, the place where the business licensed is 
 to be transacted, the names of the sureties upon the bond filed and 
 the amount of the license fee paid by the licensee. 
 
 2. Every licensee shall keep conspicuously posted in the public 
 rooms and in each bedroom of the place licensed a statement 
 printed in the English language and in the language understood 
 by the majority of the patrons of said place, specifying the rate 
 of charges by the day and week for lodging, for meals supplied, 
 for the transportation of passengers and baggage, the services of 
 guides, and other service rendered to such patrons. No sum shall 
 bo charged or received by or for the licensee in excess of such 
 posted rates for any service rendered, and payment shall not be 
 enforceable for any charge in excess of such rates. A copy of the 
 rates so posted shall be filed by the licensee with the commissioner 
 of labor, and no increased rate shall be charged or received until 
 a revised schedule showing such increase shall have been filed 
 with the commissioner of labor. Every such licensee shall like- 
 wise file with the commissioner of labor a list specifying the 
 names and addresses of every person employed by such licensee 
 as a runner, guide or other employee, and showing whether such 
 person is employed at a salary or on commission. 
 
 3. A license granted hereunder shall be revocable by the com- 
 missioner of labor on notice to the licensee and for cause shown. 
 
 4. The term immigrant lodging place as used in this section 
 includes any place, boarding house, lodging house, inn or hotel 
 where immigrants or emigrants while in transit, or aliens are 
 received, lodged, boarded or harbored, which shall not include any 
 place maintained or conducted by a charitable, philanthropic or 
 religious society, association or corporation. Nothing contained 
 herein shall be held to apply to temporary sleeping quarters in 
 labor or construction camps. 
 
 6. Any person or any oflficer of a corporation owning, conduct- 
 ing or managing an immigrant lodging place without having ob- 
 tained from the commissioner of labor a license therefor, or who 
 shall carry on such business after the revocation of a license to 
 carry on such business, or who shall violate any of the provisions 
 of this section, shall be guilty of a misdemeanor. 
 
 
 I 
 
 Appendix I — Bills Submitted to the Legislature 179 
 
 6. The license fees collected hereunder shall be paid to the 
 comptroller and shall constitute a fund to be used in the joint dis- 
 cretion of the comptroller and commissioner of labor for the ex- 
 penses necessary for carrying out the provision of this section.J 
 issued 08 provided in section two hundred and twenty-seven. 
 
 Note. — The provision of old § 156, sub. 1, for issuance of licenses covered 
 by new f 227. Old { 156, sub. 2, covered by new § 228. Old § 156, sub. 3, 
 covered by new § 227. Old § 156, sub. 4, covered by new § 225. Old § 156, 
 Bub. 5, covered by new $ 405. Old § 156, sub. 6, omitted as unconstitutional 
 under article 3, { 21 of the state constitution. 
 
 § £27, Issuance of immigrant lodging-house license, 1. An ap- 
 plicaHon for a license to conduct an immigrant lodging house shall 
 he made to the commissioner by the owner, proprietor or lessee of 
 the immigrant lodging house or his duly authorized agent. Such 
 application shall he made upon blanks prepared and furnished by 
 the commissioner and shall state under oath the location of the 
 immigrant lodging house, and the m^aximum number of boarders 
 or lodgers which it will accommodate. 
 
 With such application there shall he presented to the commis- 
 sioner proof of the good moral character of the applicant, and in 
 case such applicant is a corporation, of its officers, and in addition 
 thereto, in the discretion of the commissioner, a bond to the people 
 of the state of New York, with two or more sureties or of a surety 
 company approved by the commissioner, conditioned that the 
 obligor shall obey all laws, rules and regulations applicable to such 
 immigrant lodging house, prescribed by any lawful authority, and 
 that such obligor shall discharge all obligations and pay all damr 
 age or loss which shall accrue to any person dealing with such 
 licensee, by reason of any contract or other obligation of su,ch 
 licensee, or resulting from any fraud or deceit, conversion of prop- 
 erty, oppression, excessive charges, or other wrongful act of said 
 licensee or of his servants or agents in connection with the business 
 80 licensed. Where the number of boarders or lodgers specified 
 in said application does not exceed ten persons the penalty of said 
 bond shall he one hundred dollars; where such number exceeds 
 ten and does not exceed fifty persons it shall be two hundred and 
 fifty dollars, and where the number exceeds fifty it shall he five 
 hundred dollars. Any person aggrieved may bring an action for 
 the enforcement of mch bond in any court of competent juris- 
 diction. 
 
f 
 
 i 
 
 180 Appendix I — Bills Submitted to the Legislature 
 
 S. The applicant for a license shall pay to the commissioner a 
 fee of five dollars where the number of hoarders or lodgers stated 
 in the application does not exceed ten, a fee of ten dollars where 
 such number exceeds ten and does not exceed fifty, and a fee of 
 twenty-five dollars where such number exceeds fifty, 
 
 3. On the approval of the application for a license and of the 
 bond filed therewith the commissioner shall issiie a license au- 
 thorizing the applicant to conduct and keep an immigrant lodging 
 house at the place designated in the application and to be specified 
 in the license certificate. Such license shall not he transferable 
 without the consent of the commissioner, nor authorize the con- 
 ducing or keeping of an immigrant lodging house on any other 
 premises than those described in the application. The license 
 shaU he renewable annually on the payment of a fee based on the 
 maximum number of persons boarded or lodged by the licensee at 
 the house licensed, during the preceding year, as shown in a sworn 
 statement filed by such applicant in such form as the commissioner 
 shall prescribe. The commissioner may revoke the license for any 
 violation of this article or of any rules or regulations of the com- 
 missioner, or of the industrial hoard upon notice to the licensee. 
 
 Note. — Taken from old { 156, sub. 1. 
 
 § 228, Rate of charges to he posted and filed. Every licensee 
 shall keep posted in a conspumous place in the public rooms and 
 in each bedroom of the house licensed a statement printed in the 
 English language and in the language understood by the majority 
 of the patrons, specifying the rate of charges by the day and week 
 for lodging, for meals supplied, for the transportation of pas- 
 sengers and baggage, the services of guides, and other service ren- 
 dered to such patrons. No sum shall be charged or received by or 
 for the licensee in excess of such posted rates for any service renr 
 dered, and payment shall not be enforceable for any charge in ex- 
 cess of such rates, A copy of the rales so posted shall be filed by 
 the licensee with the commissioner, and no increased rate shall be 
 charged or received until a revised schedule showing such increase 
 shall have been filed with the commissioner. Every such licensee 
 shall likewise file with the commissioner a list specifying the 
 names and addresses of every person employed by su^h licensee as 
 a runner, guide or other employee, and showing whether such per- 
 son is employed at a salary or on commission, 
 
 Note.— Taken from old f 156. sub. 2. 
 
 Appendix I — Bills Submitted to the Legislature 181 
 
 ARTICLE 9, 
 
 BUILDING COySTRUOTION AND REPAIR WORK, 
 
 Section, 230, Safe scaffolding required for use of employees, 
 
 231, Protection of employees on building construction 
 
 work, 
 
 232, Enforcement of this article in cities, 
 
 § 230, Safe scaffolding required for use of employees, 1, 
 Every person employing or directing another to perform labor of 
 any kind in the erection, repairing, altering, painting, cleaning 
 or pointing of a building or structure shall furnish or erect, or 
 cause to be furnished or erected for the performance of such 
 labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, 
 pulleys, braces, irons, ropes or other mechanical contrivances which 
 are so constructed, placed and operated as to give proper protection 
 to the life and limb of a person so employed or engaged, 
 
 2, Scaffolding or staging more than twenty feet from the ground 
 or floor swung or suspended from an overhead support, or erected 
 with stationary supports, except scaffolding wholly within the 
 interior of a building and covering the entire floor space of any 
 room therein, shall have a safety rati of suitable material, properly 
 bolted, secured and braced, rising at least thirty-four inches above 
 the floor or main portions of such scaffolding or staging and ex- 
 tending along the entire length of the outside and the ends thereof, 
 with only swch openings as may be necessary for the delivery of 
 materials. Such scaffolding or staging shall be so fastened as to 
 prevent the same from swaying from the building or structure, 
 
 3, All scaffolding shall be so constructed as to bear four times 
 the maximum weight required to be dependent therefrom or placed 
 thereon, when in use, 
 
 4, If the commissioner finds that any such scaffolding or other 
 mechanical contrivance is unsafe, he shall attach thereto a notice 
 warning all persons against the use thereof. Such notice shall not 
 he removed except by an authorized representative of the depart- 
 ment, nor untU such scaffolding or other mechanical contrivance 
 is made safe and in the meantime the scaffolding or other mechan- 
 ical contrivance shall not be used. 
 
 Note. — Subdivisions 1 and 2 taken from old § 18. Subdivisions 3 and 4 
 taken from old § 19. Last sentence of old f 19, that not more than four 
 men shall be allowed on swinging scaffold omitted. 
 
 § 231. Protection of employees on building construction work 
 in cities. All coniractors and owners, when constructing building a 
 in cities, shall comply with the following requirements: 
 
# 
 
 182 Appendix I — Bills Submitted to the Leoislatubb 
 
 1. Where the floors are to he arched hetween the beams thereof, 
 or where the floors or filling in between the floors are of fireproof 
 material, the flooring or filling in shall be completed as the build- 
 ing progresses, 
 
 2. If the floors are to be filled in with wood beams the under- 
 flooring shall be laid on each story as the building progresses. 
 
 3. Where double floors are not to be used, the floors two stories 
 immediately below the story where the work is being performed 
 shall be kept planked over, 
 
 4. If the floor beams are of iron or steel, the entire tier of iron 
 or steel beams on which the structural iron or steel work is being 
 erected, except such spaces as may be reasonably required for the 
 proper construction of such iron or steel work, and for the raising 
 or lowering of materials to be used in the construction of such 
 building, or such spaces as may be designated by the plans and 
 specifications for stairways and elevator shafts shall be thoroughly 
 planked over. 
 
 5. If elevators, elevating machines or hod-hoisting apparatus 
 are used within a building in the course of construction, for the 
 purpose of lifting materials to be used in such construction, the 
 shafts or openings in each floor shall be inclosed or fenced in on 
 all sides by a barrier of suitable height, except on two sides which 
 may be used for taking off and putting on materials, and those 
 sides shall be guarded by an adjustable barrier not less than three 
 nor more than four feet from the floor and not less than two feet 
 from the edge of such shaft or opening. 
 
 Note — Taken from old f 20, words " plans and specificationi " in old sec- 
 tion omitted. Provision that planking shall extend not less than six feet 
 omitted. Provision that no lumber be hoisted on outside omitted. Provision 
 that shaft be enclosed by barrier not less than eight feet in height changed to 
 barrier of suitable height. 
 
 § 232. Enforcement of article. The chief officer charged with 
 the enforcement of the building laws of any city and the commis- 
 sioner shall enforce the provisions of this article. Such chief 
 officer shall have all the powers for the enforcemerU of this article 
 that are vested in the commissioner. 
 
 Note. — Taken from old { 20, last sentence. 
 
 ARTICLE [6.] 10. 
 
 FACTORIES. 
 
 [Section 69. Registration of factories. 
 
 70. Employment of minors. 
 
 71. Employment certificate, bow issno'^ 
 
 Appendix I — Bills Submitted to the Legislatube 183 
 
 ! 
 
 72. 
 73. 
 75. 
 76. 
 76-a. 
 
 77. 
 78. 
 79. 
 79-a. 
 
 79-b. 
 79-c. 
 
 79-(i. 
 
 79-e. 
 79-f. 
 81. 
 
 83-a. 
 
 83-b. 
 
 83-c. 
 
 84. 
 
 84-a. 
 
 86. 
 
 86. 
 
 87. 
 
 88. 
 
 88-a. 
 
 89. 
 
 89-a. 
 
 90. 
 92. 
 93. 
 93-a. 
 
 93-b. 
 
 94. 
 
 95. 
 
 Contents of certificate. 
 
 Scbool record, wbat to contain. 
 
 Supervision over issuance of certificates. 
 
 Kegistry of children employed. 
 
 Physical examination of children in factories; 
 cancellation of employment certificates. 
 
 Hours of labor of children, minors and women. 
 
 Exceptions. 
 
 Elevators and hoistways. 
 
 Construction of factory buildings hereaftiir 
 erected. 
 
 Requirements for existing buildings. 
 
 Additional requirements common to buildings 
 heretofore and hereafter 3rected. 
 
 Effect of foregoing provisions ; inspection of build- 
 ings and approval of plans. 
 
 Limitation of number of occupants. 
 
 Meaning of terma. 
 
 Protection of employees operating machinery; 
 dust-creating machinery; lighting of factories 
 and workrooms. 
 
 Fire alarm signal systems and fire drills. 
 
 Automatic sprinklers. 
 
 Fire proof receptacles ; gas jets ; smoking. 
 
 Cleanliness of rooms. 
 
 Cleanliness of factory buildings. 
 
 Size of rooms. 
 
 Ventilation. 
 
 Accidents to be reported. 
 
 Drinking water, wash-rooms and dressing rooms. 
 
 Water closets. 
 
 Time allowed for meals. 
 
 Prohibition against eating meals in certain work 
 rooms. 
 
 Inspection of factory buildings. 
 
 Laundries. 
 
 Prohibited employment of women and children. 
 
 Employment of females after childbirth pro- 
 hibited. 
 
 Period of rest at night for women. 
 
 Tenant-factories* 
 
 Unclean factories. 
 
It I 
 
 184 Appendix I — Bills SuB>fiTTED to the Leoislatuee 
 
 96. Definition of " custodian.'* 
 
 97. Brass, iron and steel foundries. 
 
 98. Labor camps. 
 
 99. Dangerous trades. 
 99-a. Laws to be posted.] 
 
 TITLE I.— ACCIDENT PREVENTION. 
 
 Section 2S5, Elevators and hoistways. 
 
 2S6. Protection of employees operating machinery. 
 £37. Lighting to prevent accidents. 
 
 TITLE n. — FIRE HAZARD. 
 S39. Industrial hoard to specify materials and forms of 
 
 construction. 
 2h0. Incombustible fireproof and fireresisting maierial. 
 
 2U1. Fire door. 
 
 242. Fireproof window. 
 
 2JfS. Fire^proof partition. 
 
 24i. Fireproof building. 
 
 2Jt5, Fire wall. 
 
 2Jf6. Exterior enclosed fireproof stairway. 
 
 247. Horizontal exit. 
 
 2Jlf8. Exterior screened stairway. 
 
 2Jlt9. Application of provisions. 
 
 250. Construction of buildings erected after October first, 
 
 nineteen hundred and thirteen. 
 
 251. Requirements for buildings erected before October 
 
 first, nineteen hundred and thirteen. 
 
 252. Additional requirements common to all buildings. 
 258. Fire escapes erected after October first, nineteen 
 
 hundred and thirteen. 
 25U. Fire escapes erected before October first, nineteen 
 hundred and thirteen. 
 
 255. Special laws and local ordinances. 
 
 256. Inspection of buildings and approval of plans. 
 
 257. Limitation of number of occu^nts. 
 
 258. Fire alarm signal systems. 
 
 259. Fire drills. 
 
 260. Automatic sprinhlers. 
 
 261. Fireproof receptacles, 
 
 262. Qas jets. 
 268. Smokinc. 
 
 > 
 
 \ 
 
 Appendix I — Bills Submitted to the Leglslature 185 
 
 £70. 
 £71. 
 272. 
 278. 
 £7Jf. 
 £75. 
 £76. 
 277. 
 278. 
 279. 
 £80. 
 £81. 
 
 TITLE in.— SANITATION. 
 
 Cleanliness of factory rooms. 
 
 Cleanliness of factory buildings. 
 
 Drinking waier. 
 
 Washrooms. 
 
 Dressing rooms. 
 
 Water-closets. 
 
 Laundries. 
 
 Unclean factories. 
 
 Living quarters for factory employees. 
 
 Ventilation, heat and humidity. 
 
 Size of rooms. 
 
 Illumination, 
 
 TITLE IV.— rOUNDRIEa 
 
 £85. Foundries. 
 
 TITLE v.— DUTIES OF OWNERS AND OCCUPIERS. 
 
 £86. Duties of owners and occupiers. 
 
 TITLE I.— ACCIDENT PREVENTION. 
 
 § [79] 285. Elevators and hoistways. 1. [Inclosure of shafts.] 
 In every factory building erected before October first, nineteen hun- 
 dred and fourteen, [E]every hoistway, hatchway or well-hole used 
 for elevators carrying passengers, [or] employees, or [for] freight 
 [elevators,] or used for hoisting or other purpose, shall except 
 05 provided in subdivision two, be protected on all sides at each 
 floor including tihe basement, by substantial vertical inclosures. 
 All openings in such inclosures shall be provided with self-closing 
 gates of [suitable] sufficient height, or with properly constructed 
 [sliding] doors. In the case of elevators used for carrying pas- 
 sengers or employees, such inclosures shall be flush with the hatch- 
 way, and shall extend from floor to ceiling on every open side of 
 the car, and on every other side shall be at least six feet high, and 
 such inclosures shall be free from fixed obstructions on every open 
 side of the car. In the case of freight elevators the inclosures 
 shall be flush with the hoistway on every open side of the car. 
 
 2. In place of the inclosures [herein] required in subdivision 
 one [for freight elevators,] every hatchway used for freight ele- 
 vator purposes may be provided with trap doors so constructed 
 as to form a substantial floor surface when closed and so arranged 
 as to open and close by the action of the car in its paasage both 
 
186 Appendix I — Bills Submitted to the Leoislatfiib 
 
 ascending and descending. [; provided that ij In addition to 
 such trap doors, the hatchway shall be adequately protected on 
 all sides at all floors, including the basement, by a substantial 
 railing or other vertical inclosure at least three feet in height. 
 
 S, [2. Guarding of elevators and hoistways. All] In every 
 factory building erected before October first, nineteen hundred and 
 thirteen, all counter-weights of every elevator shall be adequately 
 protected |[by proper inclosures] at the top and bottom of the run. 
 The car of [allj every elevator[s] in such building used for 
 carrying passengers or employees shall be substantially [e]in- 
 closed on all sides, including the top, and [such car] shall [at all 
 times] be properly lighted during working hours [, artificial il- 
 luminants to be provided and used when necessary]. The top of 
 every freight elevator car or platform in such building shall be 
 provided with a substantial grating or covering for the protection 
 of the operator thereof [, in accordance with such rules and re- 
 lations as may be adopted with reference thereto by the industrial 
 
 board]. 
 
 J^, [3. Elevators and hoistways in factory buildings hereafter 
 erected. The provisions of subdivisions one and two of this section 
 shall apply only to factory buildings heretofore erected.] In all 
 factory buildings [hereafter] erected after October first, nineteen 
 hundred and thirteen, every elevator and every part thereof and all 
 machinery connected therewith and every hoistway, hatchway 
 and well-hole shall be so constructed, guarded, equipped, main- 
 tained and operated as to be safe for all persons [using the 
 
 same]. 
 
 5. [4. Maintenance of elevators and hoistways in all factory 
 buildings.] In every factory building [heretofore erected or hero- 
 after erected,] all inclosures^ doors and gates] of hoistways, 
 hatchways or well-holes, and all elevators therein used for [the] 
 carrying [of] passengers, [or] employees or freight, and the 
 gates, [and] doors, cables, gearing and other apparatus thereof 
 shall at all times be kept in good repair and in a safe condition. 
 All openings leading to mch elevators shall be kept [well] 
 '^operly lighted [at all times] during working hours^ with 
 artificial illumination when necessary. The cable, gearing and 
 other apparatus of elevators used for carrying passengers or em- 
 ployees or freight shall be kept in a safe condition]. 
 
 e [6. Powera of industrial board.] The industrial board shall 
 [have power to] make rules [and regulations] not inconsistent 
 
 ^ 
 
 Appendix I — Bills Submitted to the Legislature 187 
 
 with the provisions of this chapter regulating the construction, 
 guarding, equipment, maintenance and operation of elevators and 
 all parts thereof, and all machinery connected therewith and 
 hoistways, hatchways and well-holes in order to carry out the pur- 
 pose [and intention] of this section. 
 
 § [81] 2S6, Protection of employees operating machinery [; 
 du8t<5reating machinery; lighting of factories and workrooms. 1. 
 The owner or person in charge of a factory where machinery is 
 used, shall provide, as may be required by the rules and regula- 
 tions of the industrial board, belt shifters or other mechanical 
 contrivances for the purpose of throwing on or off belts on pulleys. 
 Whenever practicable, all machinery shall be provided with loose 
 pulleys. Every vat and pan wherever set so that the opening or 
 top thereof is at a lower level than the elbow of the operator or 
 operators at work about the same shall be protected by a cover 
 which shall be maintained over the same while in use in such 
 manner as effectually to prevent such operators or other persona 
 falling therein or coming in contact with the contents thereof, ex- 
 cept that where it is necessary to remove such cover while any 
 such vat or pan is in use, such vat or pan shall be protected by an 
 adequate railing around the same. Every hydro-extractor shall 
 be covered or otherwise properly guarded while in motion. Every 
 saw shall be provided with a proper and effective guard. Every 
 planer shall be protected by a substantial hood or covering. Every 
 hand-planer or jointer shall be provided with a proper and effective 
 guard. All cogs and gearing shall be boxed or cased either with 
 metal or wood. All belting within seven feet of the floors shall be 
 properly guarded. All revolving shafting within seven feet of 
 the floors shall be protected on its exposed surface by being en- 
 cased in such a manner as to effectively prevent any part of the 
 body, hair or clothing of the operators or other persons from com- 
 ing in contact with such shafting. All se^screws, keys, bolts and 
 all parts projecting beyond the surface of revolving shafting shall 
 be countersunk or provided with suitable covering, and machinery 
 of every description shall be properly guarded and provided with 
 proper safety appliances or devices. All machines, machinery ap- 
 paratus, furniture and fixtures shall be so placed and guarded in 
 relation to one another as to be safe for all persons. Whenever 
 any danger exists which requires any special care as to the char- 
 acter and condition of the clothing of the persons employed there- 
 abouts, or which requires the use of special clothing or guards, the 
 
188 Appendix I — Bills Submitted to the Legislature 
 
 industrial board may make rules and regulations prescribing what 
 shall be used or worn for the purpose of guarding against such 
 danger and regulating the provision, maintenance and use thereof. 
 No person shall remove or make ineffective any safeguard or safety 
 appliance or device around or attached to machinery, vats or pans, 
 unless for the purpose of immediately making repairs thereto or 
 adjustment thereof, and any person who removes or makes ineffec- 
 tive any such safeguard, safety appliance or device for a per- 
 mitted purpose shall immediately replace the same when such 
 purpose is accomplished. It shall be the duty of the employer 
 and of every person exercising direction or control over the person 
 who removes such safeguard, safety appliance or device, or over 
 any person for whose protection it is designed to see that a safe- 
 guard or safety appliance or device that has been removed is 
 promptly and properly replaced. All fencing, safeguards, safety 
 appliances and devices must be constantly maintained in proper 
 condition. When in the opinion of the commissioner of labor a 
 machine or any part thereof is in a dangerous condition or is not 
 properly guarded or is dangerously placed, the use thereof shall 
 be prohibited by the commissioner of labor and a notice to that 
 effect shall be attached thereto. Such notice shall not be removed 
 except by an authorized representative of the department of labor, 
 nor until the machinery is made safe and the required safe- 
 guards or safety appliances or devices are provided, and in the 
 meantime such unsafe or dangerous machinery shall not be used. 
 The industrial board may make rules and regulations regulating 
 the installation, position, operation, guarding and use of machines 
 and machinery in operation in factories, the furnishing and use 
 of safety devices and safety appliances for machines and ma- 
 chinery and of guards to be worn upon the person, and other 
 cognate matters, whenever it finds such regulations necessary in 
 order to provide for the prevention of accidents in factories. 
 
 2. All grinding, polishing or buffing wheels used in the course 
 of the manufacture of articles of the baser metals shall be equipped 
 with proper hoods and pipes and such pipes shall be connected to 
 an exhaust fan of sufficient capacity and power to remove all 
 matter thrown off such wheels in the course of their use. Such 
 fan shall be kept running constantly while such grinding, polish- 
 ing or buffing wheels are in operation; except that in case of wet- 
 grinding it is unnecessary to comply with this provision unless 
 required by the rules and regulations of the industrial board. 
 
 
 Appendix I — Bills Submitted to the Legislatuee 189 
 
 All machinery creating dust or impurities shall be equipped with 
 proper hoods and pipes and such pipes shall be connected to an 
 exhaust fan of sufficient capacity and power to remove such dust 
 or impurities ; such fan shall be kept running constantly while such 
 machinery is in use; except where, in case of wood-working ma- 
 chinery, the industrial board shall decide that it is unnecessary 
 for the health and welfare of the operatives. 
 
 3. All passageways and other portions of a factory, and all 
 moving parts of machinery which are not so guarded as to pre- 
 vent accidents, where, on or about which persons work or pass 
 or may have to work or pass in emergencies, shall be kept prop- 
 erly and *and sufficiently lighted during working hours. The 
 halls and stairs leading to the workrooms shall be properly and 
 adequately lighted, and a proper and adequate light shall be kept 
 burning by the owner or lessee in the public hallways near the 
 stairs, upon the entrance floor and upon the other floors on every 
 workday in the year, from the time when the building is open 
 for use in the morning until the time it is closed in the evening, 
 except at times when the influx of natural light shall make arti- 
 ficial light unnecessary. Such lights shall be so arranged as to 
 insure their reliable operation when through accident or other 
 cause the r^ular factory lighting is extinguished. 
 
 4. All workrooms shall be properly and adequately lighted 
 during working hours. Artificial illuminants in every workroom 
 shall be installed, arranged and used so that the light furnished 
 will at all times be sufficient and adequate for the work carried 
 on therein, and so as to prevent unnecessary strain on the vision 
 or glare in the eyes of the workers. The industrial board may 
 make rules and regulations to provide for adequate and sufficient 
 natural and artificial lighting facilities in all factoriesj. 
 
 i. In every factory all machinery shdU he properly guarded 
 and provided with proper safety appliances or devices, 
 
 a. Whenever practicable, all machinery shall he provided 
 with loose pulleys and with helt shifters for throwing helts on 
 or off pulleys or with other mechanical contrivances for dis- 
 engaging power. 
 
 h. The openings or tops of vats and pans shall he 
 adequately protected and guarded. Every hydro-extractor 
 shall he covered or otherwise properly guarded while in 
 motion. 
 
 c. Every saw, hand-planer or jointer shall he provided with 
 a proper guard and every wood planer shall he provided with 
 a substantial hood or other covering. 
 
i:| 
 
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 190 Appendix I — Bills Submitted to the Leoislatuke 
 
 d. All cogs and gearing unless otherwise properly pny 
 tected shall he boxed or cased with metal or wood, 
 
 e. All dangerous belting within seven feet of the floor shall 
 he properly guarded and all revolving shafting within seven 
 feet of the floor shall be so encased as to prevent any part of 
 the body, hair or clothing of any person from coming in con- 
 ta^ therewiik or shall be otherwise adeqv/itely protected. 
 
 f. All set-screws, keys, bolts and all parts projecting beyond 
 the surface of revolving shafting shall he countersunk or 
 provided with suitable covering, 
 
 g. All machinery, apparatus, furniture and fixtures shall 
 be so placed and guarded in relation to one another as to he 
 safe for all persons, 
 
 h. Whenever necessary for the safety of employees special 
 clothing or guards to be worn upon the person shall he pro- 
 vided and used. 
 
 2. No person shall remove or make ineffective any safeguard 
 or safety appliance or device around or attached to machinery, 
 vats or pans, unless for the purpose of immediately repairing or 
 adjusting such machinery, guard, appliance or device and he shall 
 immediately repUice such guard, appliance or device when such 
 purpose is accomplished. It shall be the duty of the employer and 
 of every person exercising direction or control over the person who 
 removes such safeguard, safety appliance or device, or over any 
 person for whose protection it is designed, to see that it is promptly 
 and properly repUiced. All safeguards, safety appliances and 
 devices shall he constantly maintained in proper condition, 
 
 S. If the commissioner finds that a nuichine or any part thereof 
 is in a dangerous condition or is not properly guarded or is dan- 
 gerously placed, he shall attach to such machine a notice warning 
 all persons against the use thereof. Such notice shall not be re- 
 moved except by an authorized representative of the department 
 nor untU the machinery is made safe and the required saf^ 
 guards or safety appliances or devices are provided, and in the 
 meantime such machinery shall not be used, 
 
 Note. — Rewritten from old | 81, sub. 1. The last sentence of old I 81, 
 sub. 1, covered by new § 217. Old { 81, sub. 2, covered by new S 279. Old 
 I 81, sub. 3, covered bv general powers of industrial board. Section 81, sub. 
 4, covered by new | 281. Subdivision 1-b of this section made general; sub. 
 c, word "wood" inserted before "planers"; sub. d, words "unless others 
 were properly protected", new; sub. e, word "dangerous" before belting in 
 first sentence, new; words "or shall be otherwise adequately protected" at 
 «>nd of subdivision, new. 
 
 Appendix I — Bills Submitted to the Legislature 191 
 
 § fS37. Lighting to prevent accidents, 1, If in any factory there 
 are any moving parts of machinery which are not required to be 
 guarded under the provisions of section one hundred and seventy- 
 six or the rules of the industrial board, all such moving parts 
 shall he kept properly lighted during working hours when neces- 
 sary to prevent accidents. 
 
 2. In every factory all places where persons work or pass or 
 may have to work or pass in emergencies, shall be kept properly 
 lighted during working hours, 
 
 S, The halls and stairs leading to factory workrooms shall be 
 kept properly lighted during working hours. Except when ar- 
 tificial light is unnecessary a light shall be maintained in the pub- 
 lic hallways near the stairs upon every floor during every working 
 day from the time the building is opened for use until it is closed. 
 Such lights shall be so arranged as to insure their reliable operar 
 tion when through accident or other cause the regular factory 
 lighting is extinguished. Where the factory is lighted by electricity 
 the lights shall he on a separate circuit from the regular factory 
 lighting system. 
 
 Note.— Taken from old f 81, sub. 3. Last sentence new. 
 
 TITLE II.— FIRE HAZARD. 
 
 § £39. Industrial hoard to specify materials and forms of con- 
 druciion. Whenever in this title specific materials or forms of con- 
 struction are required, any others equivalent thereto may be ac- 
 cepted by the industrial board, if they shall have passed the stand- 
 ard tests prescribed by the board. 
 Note. — New section. 
 
 § [79-f.J 2i0, [[Meaning of terms.] Incombustible, fireproof 
 and fire-resisting material, [The following terms when used in 
 this article shall have the following meanings : 
 
 1. Fireproof construction. A building shall be deemed to be 
 of fireproof construction if it conforms to the following require- 
 ments: All walls constructed of brick, stone, concrete or terra- 
 cotta; all floors and roofs of brick, terra-cotta or reinforced con- 
 crete placed between steel or reinforced concrete beams and girders; 
 all the steel entering into the structural parts encased in at least 
 two inches of fireproof material, excepting the wall columns, which 
 must be encased in at least eight inches of masonry on the outside 
 and four inches on the inside; all stairwells, elevator wells, public 
 
I : 
 
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 , I 
 
 192 Appendix I — Bills Submitted to the Leoislatubb 
 
 iiallways and corridors enclosed by fireproof partitions; all doors, 
 faces of incombustible material ; no woodwork or other combustible 
 fireproof; all stairways, landings, hallways and other floor sur- 
 material used in any partition, furring, ceiling or floor; and all 
 window frames, doors and sash, trim and other interior finish 
 of incombustible material ; all windows shall be fireproof windows 
 except that in buildings under seventy feet in height fireproof 
 windows are required only when within thirty feet of another 
 building or opening on a court or space less than thirty feet wide ; 
 except that in buildings under one hundred feet in height there 
 may be wooden sleepers and floor finish and wooden trim, and ex- 
 cept that in buildings under one hundred and fifty feet in height 
 heretofore constructed there may be wooden sleepers, floor finish 
 and trim and the windows need not be fireproof windows, excepting 
 when such windows are within thirty feet of another building. 
 
 2. Fireproof material is material which is incombustible and is 
 capable of resisting the effect of fire in such manner and to such 
 extent as to insure the safety of the occupants of the building. 
 The industrial board shall determine and in its rules and regula- 
 tions shall specify what materials are fireproof materials within 
 the meaning hereof. The industrial board shall also determine 
 and in its rules and regulations shall specify what materials, not 
 being fireproof materials within the meaning hereof, are fire resist- 
 ing materials. Fire resisting material, when required by any of 
 the provisions of this chapter, shall conform to requirements of 
 such rules and regulations. 
 
 3. Incombustible material is material which will not bum or 
 support combustion. 
 
 4. A fire wall is a wall constructed of brick, concrete, terra-cotta 
 blocks or reinforced stone concrete, and having at each floor level 
 one or more openings each protected by fire doors so constructed 
 as to prevent the spread of fire or smoke through the openings. 
 In buildings of nonfireproof construction fire walls shall be at 
 least twelve inches in thickness and shall extend continuously 
 from the cellar floor through the entire building and at least three 
 feet over the roof and be coped; except that walls heretofore 
 erected not less than eight inches in thickness, but otherwise 
 conforming to the requirements of this subdivision shall be 
 considered Are walls within the meaning of this subdivision. No 
 opening in such wall shall exceed sixty-six inches in width or 
 sixty square feet in area, except that where (Openings not exceeding 
 
 Appendix I — Bills Submitted to the Legislature 193 
 
 eight feet in width exist in fire walls heretofore erected, such 
 walls may be considered fire walls within the meaning of this 
 subdivision, and in the case of fire walls hereafter constructed no 
 two openings in the same wall and at the same floor level shall be 
 nearer than forty feet from the center of one opening to the center 
 of another. Every opening in a fire wall shall be protected by a 
 fire door closing automatically on each side of the wall. At every 
 opening in the fire wall there shall be an incombustible floor finish 
 extending over the floor for the full thickness of the wall so as to 
 completely separate the woodwork of the floors on each side of the 
 fire wall. In fireproof buildings the fire walls shall comply with 
 the foregoing requirements in all respects excepting that they 
 may be of the thickness required by the provisions of this section 
 with respect to fireproof partitions; such fire walls and fireproof 
 partitions shall be continuous, from the cellar floor to the under 
 side of the fireproof roof. 
 
 6. Fireproof partitions shall be built of brick, concrete, rein- 
 forced concrete or terra-cotta blocks. When built of brick or 
 concrete they shall be not less than eight inches in thickness for 
 the uppermost forty feet, and shall increase four inches in thick- 
 ness for each additional lower forty feet or part thereof; or, when 
 wholly supported by suitable steel framing at vertical intervals 
 of not over forty feet, they may be eight inches in thickness 
 throughout their entire height. When wholly supported at verti- 
 cal intervals of not over twenty-five feet, and built of terra-cotta 
 blocks, they shall be not less than six inches in thickness and when 
 so supported and built of reinforced stone concrete, they shall be 
 not less than four inches in thickness. The supporting steel frame- 
 work shall be properly encased on all sides by not less than two 
 inches of fireproof material, securely fastened to the steel work. 
 All openings in such partitions shall be provided with fire doors. 
 
 6. Fire doors. Fire doors shall be metal-covered doors, or doors 
 of such other material as shall be specified in the rules and regu- 
 lations of the industrial board. They shall be provided with self- 
 closing devices and have incombustible sills. The industrial board 
 shall determine, and in its rules and regulations shall specify, 
 the material and mode and manner of construction and erection 
 of such doors. 
 
 7. Fireproof windows shall be windows constructed of metal 
 frames and sash or frames and sash covered with metal, and pro- 
 vided with wired glass and of the automatic, self-closing type. 
 
 Vol. I — 7 
 
■ I 
 
 194 Appendix I — Bills Submitted to the Legislature 
 
 8. Exterior enclosed fireproof stairways shall be stairways com- 
 pletely enclosed from top to bottom by walls of fireproof material 
 not less than eight inches thick extending from the sidewalk, court 
 or yard level to the roof, and with walls extending above the roof 
 so as to form a bulkhead. The stairway shall in all other respects 
 conform to the requirements of this article in regard to enclosed 
 stairways. There shall be no opening in any wall separating the 
 exterior enclosed fireproof stairway from the building. Access 
 shall be provided to the stairway from every floor of the building 
 by means of an outside balcony or vestibule of steel, iron or 
 masonry. Every such balcony or vestibule shall have an unob- 
 structed width of at least forty-four inches and shall be provided 
 with a fireproof floor and a railing of incombustible material not 
 less than three feet high. Access to such balconies from the 
 building and to the stairway from the balconies, shall be by means 
 of fire doors. The level of the balcony floor shall be not more 
 than seven inches below the level of the door sill of the building. 
 The doors shall be not less than forty-four inches wide and shall 
 swing outward onto the balcony and inward from the balcony to 
 the stairway, and shall be provided with locks or latches with 
 visible fastenings requiring no key to open them in leaving the 
 building. The landings in such stairway shall be of such width 
 that the doors in opening into the stairway shall not reduce the 
 free passageway of the landings to a width less than the width of 
 the stairs. Every such stairway shall be provided with a proper 
 lighting system which shall furnish adequate light and shall be so 
 arranged as to ensure its reliable operation when, through acci- 
 dent or other cause, the regular factory lighting is extinguished. 
 The balconies giving access to such stairways shall be open on at 
 least one side upon an open space not less than one hundred square 
 feet in area. 
 
 9. Horizontal exit. A horizontal exit shall be the connection by 
 means of one or more openings not less than forty-four inches 
 wide, protected by fire doors, through a fire wall in any building, 
 or through a wall or walls between two buildings, which doors shall 
 continuously be unlocked and the opening unobstructed whenever 
 any person is employed on either side of the opening. Exterior 
 balconies and bridges not less than forty-four inches in width con- 
 necting two buildings and not having a gradient of more than one 
 foot fall in six, may also be counted as horizontal exits when the 
 doors opening out upon said balconies or bridges are fireproof 
 
 Appendix I — Bills Submitted to the Legislature 195 
 
 doors and are level with the floors of the building, and when all 
 doors of both buildings opening on such balconies or bridges are 
 continuously kept unlocked and unobstructed whenever any person 
 18 employed on either side of the exit, and when such balconies 
 or bridges are built of incombustible material and are capable 
 of sustaining a live load of not less than ninety pounds per square 
 foot with a factor of safety of four; and when such balconies or 
 bridges are enclosed on all sides to a height of not less than six 
 feet and on top and bottom by fireproof material, unless all win- 
 dows or openings within thirty feet of such balconies in the con- 
 nected buildings shall be encased in metal frames and sash and 
 ^all have wired glass where glass is used. In any case there shall 
 be on each side of the wall or partition containing the horizontal 
 exit and independent of said horizontal exit, at least one stairway 
 conforming to the requirements for a required means of exit 
 
 10. Exterior screened stairways used as one of the required 
 me^ of exit m buildings heretofore erected shall be built of in- 
 combustible material. The risers of the stairs shall be not more 
 than seven and three-quarters inches in height and the treads not 
 less than ten inches wide. On each floor there shall be a balcony 
 connecting with the stairs. Access to the balconies shall be by 
 means of fire doors that shall open outwardly, so as not to obstruct 
 the passageway, or slide freely, and shall extend to the floor level. 
 AH windows or other openings opening upon the course of such 
 stairs shall be fireproof. The level of the balcony floor shall not be 
 more than seven inches below the level of the door sill. The stairs 
 shall continue from the roof to the ground level, and there shall be 
 independent means of exit from the bottom of such stairs to the 
 street or to an open court or to a fireproof enclosed passageway 
 leading to the street or to an open area having communication with 
 the street or road. The balconies and stairs shall be enclosed in 
 a screen of incombustible material. 
 
 11. The provisions of subdivisions four to nine inclusive of this 
 section shall apply to all buildings hereafter erected and to all 
 construction hereafter made in buildings heretofore erected. The 
 industrial board shall adopt rules and regulations regulating con- 
 struction heretofore made in buildings heretofore erected requir- 
 mg compliance with such of the requirements of the said sub- 
 divisions or with such other or different requirements as said 
 board may find to be reasonable and adequate to protect persons 
 employed in such buildings against fire.] 
 
il 
 
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 r 
 
 V 
 
 II 
 
 
 i^ 
 
 196 Appendix I — Bills Submitted to the Lboislatub* 
 
 1. The term " incomhtistihle material" when used in this title, 
 means material which will not hum or support combustion. 
 
 2. The term '* fireproof material/* when used in this title, 
 means incombustible material capable of resisting the effect of fire 
 to a efficient extent to insure the safety of the occupants of the 
 building. The industrial board shall determine and shall specify 
 in its rules what materials are fireproof materials within the mean- 
 ing hereof, and also what materials, not being fireproof materials 
 within the meaning hereof, are fire resisting materials. 
 
 S. The term " fire resisting material," when used in this title, 
 m^ans material conforming to such latter requiremenif. 
 
 Note.— Revised from subs. 2 and 3 of old f 79-f. Old I 79-f. wib. 1, 
 covered by new § 244. Old } 79-f, sub. 4, covered by new | 246. Old | 79-f, 
 sub. 5, covered by new § 243. Old f 79-f, sub. 6, covered by new | 241. Old 
 S 79-f, sub. 7, covered by new { 242. Old S 79-f, sub. 8, covered by new f 240. 
 Old i 79-f, sub. 9, covered by new i 247. Old § 79-f, sub. 10, covered by old 
 i 248. Old S 79-f, sub. 11, all except first sentence, covered by new i 27. 
 
 § ej^l. Fire door. The term "fire door," when used in this 
 title, means a door constructed entirely of metal or a m^talrCOV' 
 ered door or door of such other fire resisting material as shall be 
 specified in the rules of the industrial board, and that is provided 
 with a self-closing device and has an incombustible sill. The 
 industrial board shall determine, and shall specify in its rules, 
 the material, and the manner of construction and erection of such 
 doors. 
 
 Note.— Taken from old S 79-f, «ub. 6. 
 
 § 2^2. Fireproof window. The term *' fireproof window," 
 when used in this title, means a window constructed of metal 
 frame and sash or frame and sash-covered with metal and provided 
 with wired glass. Fireproof windows shall be statioruiry or auto- 
 matic self-closing as may be required by the rules of the indus- 
 trial board. 
 
 Note.— Taken from old f 79-f, sub. 7. 
 
 § 2^3. Fireproof partition. The term " fireproof partition," 
 when used in this title, means a partition built of brick, concrete, 
 reinforced concrete or terra-cotta blocks and in conformity with the 
 following requirements. When built of brick or concrete it shall 
 be not less than eight inches in thickness for the uppermost forty 
 feet, and shall increase four inches in thickness for each addv- 
 
 ii 
 
 Appendix I — Bills Submitted to the Legislatuke 197 
 
 tional lower forty feet or part thereof; or when wholly sup- 
 ported by suitable steel framing or reinforced stone concrete 
 construction at vertical intervals of not over forty feet, it 
 may be eight inches in thickness throughout its entire height. 
 When wholly supported at vertical intervals of not over twenty- 
 five feet, and built of terrorcotta blocks, it shall be not less than 
 six inches in thickness and when so supported and built of retn- 
 forced stone concrete, it shall be not less than four inches in 
 thickness when wholly supported at vertical intervals of not over 
 eighteen feet, and built of reinforced cinder concrete it shall be 
 not less than four inches in thickness. The supporting steel 
 framework shall be properly encased on all sides by not less than 
 iwo inches of fireproof material, securely fastened to the steel 
 work. All openings vn the partition shall be provided with fire 
 doors. 
 
 Note.— Taken from old f 79-f, sub. 5. Words in second sentence of new 
 section " or reinforced stone concrete construction," new. 
 
 § 2JtJ!t. Fireproof building. The term ''fireproof building," 
 when used in this title, means a building conforming to the follow- 
 ing requirements: 
 
 1. All walls shall be constructed of brick, stone, concrete or 
 
 terrorcotta. 
 
 2. All floors and roofs shall he built of brick, terrorCotta or rein- 
 forced concrete placed between steel or reinforced concrete beams 
 and girders. 
 
 5. All structural steel shall be encased in at least two inches 
 of brick, concrete or terra cotta, except the wall columns, which 
 shall be encased in at least four inches of masonry on the outside 
 and four inches on the inside. 
 
 i. All stairwells, elevator wells, public hallways and corridors 
 shall be enclosed by fireproof partitions. 
 
 6. All doors in fireproof or fire resisting partitions shall be fire 
 doors. 
 
 6. All stairways, landings, hallways, furring, ceilings, sash, 
 trim and permanent partitions, shall he constructed of inconv- 
 bustible material. Wooden floors and their sleepers may be used, 
 laid in accordance with the specifications of the industrial board. 
 
 7. All windows above the ground floor shall be fireproof winr 
 dows. The industrial board may except from this requirement 
 windows of the second story used for show purposes. 
 
 ■^«Mi 
 
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 198 Appendix I — Bills Submitted to the Legislatubb 
 
 8. Exceptions: (a) In huUdings under (me hundred feet in 
 height there may he wooden trim and fireproof windows shall be 
 required only when within thiHy feet of another building or open- 
 ing on a court or space less than thirty feet wide, (h) In build- 
 ings erected before October first, nineteen hundred and thirteen, 
 under one hundred and fifty feet in height there m^y be wooden 
 tnm and fireproof windows shall be required only when mch 
 windows are wUhin thirty feet of another building. 
 
 Note.^ Taken from old f 79-f, sub. 1, with material changes in substance. 
 
 § 2Jf5, Fire wall. The term " fire wall," when used in this 
 title, means a wall conforming to the following requirements: 
 
 i. It shall be constructed of brick, concrete, terrorcotta blocks 
 or reinforced stone concrete. 
 
 2. It may have at each floor level <me or more openings each 
 protected by fire doors closing automatically on either side of the 
 wall and so constructed as to prevent the spread of fire or smoke 
 through the openings. 
 
 ^ S. In nonfireproof buUdings such walls shall be at least eight 
 inches thick for the uppermost forty feet and shall increase at 
 least four inches in thickness for each additional lower foHy feet 
 or part thereof if erected after October first, nineteen hundred and 
 thirteen, and at least eight inches thick if erected before that date. 
 In fireproof buildings such wall shall be of the thickness required 
 for a fireproof paHition by secticm two hundred and foHy-three. 
 
 Jf. No opening in such a wall shall exceed eight feet in width 
 or eighty square feet in area. 
 
 5. The center of every opening in such a wall erected after Oc 
 tober first, nineteen hundred and thirteen, shall be at least thirty 
 feet from the center of every other opening therein at the same 
 floor level. 
 
 6. At every opening in the wall there shall be an incombustible 
 floor finish extending over the floor the full thickness of the waU 
 so as to completely separate the woodwork of the floors on each side 
 of the wall. 
 
 7. In a nonfireproof buUding the wall shall extend from 
 the cellar floor to at least three feet above the roof and be coped. 
 In a fireproof building it shall extend from the cellar floor to the 
 under side of the fireproof roof. 
 
 SuM^ii^nw "'' ^'*''° f^ * ^^"^ ""^- ^' ^'^^ '^"^^^°« <^^"«- « substance: 
 Subdivision 4 new section openings in fire walls not to exceed eight feet ia 
 
 width or eighty square feet in area instead of sixty-six inches in width and 
 
 fir'e ^wX.*L' £'*J°1 ''Tk^/I ^r- 8«»><iivi«'on 5^ new section o^entgs^n 
 fire walls to be at least thirty feet apart instead of forty feet, m in old law 
 
 
 Appendlx I — Bills Submitted to the Legislature 199 
 
 § 2Jf6. Exterior enclosed fireproof stairway. The term "ex- 
 terior enclosed fireproof stairway," when used in this title, means 
 a stairway conforming to the following requirements: 
 
 1. It shall be completely enclosed from top to bottom by walls 
 of fireproof material not less than eight inches thick extending 
 from the sidewalk, court or yard level to the roof, and above the 
 roof so as to form a bulkhead. 
 
 2. It shall in all other respects conform to the requirements of 
 sections two hundred and fifty, two hundred and fifty-one^ and 
 two hundred and fifty-two, in regard to stairways and their en- 
 closure. 
 
 8. There shall be no opening in any wall separating it from the 
 building except that there may be such an opening at the street 
 level, leading only to a fireproof passageway having direct and 
 uninterrupted communication with the street, 
 
 Jf. Access shall be provided to the stairway from every floor of 
 the building by means of an outside balcony or vestibule of steel, 
 iron or masonry. Every su^h balcony or vestibule shall have an 
 unobstructed width of at least forty-four inches and shall be pro- 
 vided with a fireproof floor and a railing of incombustible material 
 not less than three feet high. Access to such balconies from the 
 building and to the stairway from the balconies shall be by means 
 of fire doors. The level of the balcony floor shall be not more 
 than seven inches below the level of the door sill of the building. 
 The doors shall be not less than forty inches wide and shall 
 swing outward onto the balcony and inward from the balcony to 
 the stairway, and shall be provided with locks or latches with 
 visible fastenings requiring no key to open them in leaving the 
 building. The balconies shall be open on at least one side upon an 
 open space not less than one hundred square feet in area. 
 
 6. The landings shall be of such width that the doors in open- 
 ing into the stairway shall not reduce the free passageway of the 
 landings to a width less than the width of the stairs. 
 
 6. Such stairway shall be provided with a proper lighting 
 system which shall furnish adequate light and shall be so arranged 
 as to ensure its reliable operation when through accident or other 
 cause, the regular factory lighting is extinguished. If the factory 
 is liqJited by electricity such lighting system shall be on a separate 
 circuit from the regular factory lighting system. 
 
 Note. — Taken from old | 79-f, sub. 8, second sentence in sub. 3 of new sec- 
 tion is new, as is also the second sentence of sub. 6. 
 
200 
 
 Appendix I — Bills Submitted to the Leoislatukb 
 
 § ^47. Horizontal exit. The term ''horizontal exit/' when 
 yed in this title, means either (a) an opening through a firewall 
 tna,ny building or through a wall or walls between two buildings, 
 which opening conforms to the requirements of subdivision one, or 
 (b) a balcony or bridge connecting two buildings and conforming 
 to the requirements of subdivisions two to six inclusive. 
 
 i. It shall not be less than foHy inches wide and shall be 
 protected by fire doors. Such doors shall be kept unlocked and un- 
 obstructed whenever any person is employed on either side. On 
 each side of the opening there shall be at least one stairway con- 
 forming to the requirements for required exits. 
 
 2. It shall not be less than forty-four inches wide with a gradir 
 ent of not more than one foot fall in six. 
 
 S. The doors opening upon it from each building shall be fire 
 doors level with the floors of the respective buildings. Such doors 
 shall be kept unlocked and unobstructed whenever any person is 
 employed on either side of the balcony or bridge. 
 
 Jf, It shall be built of incombustible material and be capable of 
 mstaming a live load of not less than ninety pounds per square 
 foot with a factor of safety of four. 
 
 5. It shall, unless all windows or other openings within thirty 
 feet of it in the connected buildings are provided with fireproof 
 windows or fire doors, be enclosed by fireproof material on the top 
 and bottom and on all sides to a height of not less than six feet. 
 
 6. On each side of it there shall be at least one stairway conr 
 forming to the requirements for required exits. 
 
 Note.— Taken from old § 79-f, sub. 9. 
 
 § 248. Exterior screened stairway. The term "exterior 
 screened stairway/' when used in this title, means a stairway con- 
 forming to the following requirements: 
 
 1. It shall be buUt of incombustible material. 
 
 2. The risers of the stairs shall not be more than seven arid 
 three-quarters inches in height and the treads not less than ten 
 inches wide. 
 
 S. On each floor there shall be a balcony connecting with the 
 stairs. 
 
 Jf. Access to the balconies shall be by means of fire doors which 
 shall extend to the fioor level and which shall slide freely or open 
 outwardly so as not to obstruct the passageway. 
 
 Appendix I — Bills Submitted to the Legislature 201 
 
 6. All windows or other openings opening upon the course of 
 such stairs shall be fireproof. 
 
 6. The level of the balcony floor shall not be more than seven 
 inches below the level of the door sill. 
 
 7. The stairs shall continue from the roof to the ground level, 
 and shall lead (a) directly to a street, or (b) to a fireproof en- 
 closed passageway independent of other exit from the building or 
 equal in width to the aggregate width of all stairways leading to 
 it, and leading to a street or road, or (c) to an open area having 
 communication with a street or road. 
 
 8. The balconies and stairs shall be protected on the sides by a 
 wire screen. 
 
 9. If erected after July first, nineteen hundred and fourteen, 
 the stairway shall be not less than three feet wide. 
 
 Note.— Taken from old § 79-f, sub. 10. The words " protected on the sides 
 by a wire screen " in sub. 8, of new section, substituted for " enclosed in a 
 screen of noncombustible material ** in old section. 
 
 § 249. Application of provisions. The provisions of sections 
 two hundred and forty-one, two hundred and forty-two, two hun- 
 dred and forty-three, two hundred and forty-five, two hundred 
 all buildings erected after October first, nineteen hundred and 
 and forty-six and two hundred and forty-seven shall apply to 
 thirteen, and to all construction made after that date in buildings 
 erected prior to that date. The industrial board shall adopt rules 
 affecting construction made before October first, nineteen hundred 
 and thirteen, in buildings erected before that date, requiring com- 
 pliance with such of the requirements of said sections, or with 
 such other or different requirements as it finds reasonable and 
 adequate to protect persons employed in such buildings. 
 
 Note.— Taken from old f 79-f, sub. 11. 
 
 § r^^-^l ^^^- Construction of [factory] buildings [hereafter] 
 erected after October first, nineteen hundred and thirteen. No 
 factory shall be conducted in any building [hereafter] erected 
 after October first, nineteen hundred and thirteen, which is more 
 than one story in height unless such building shall conform to the 
 following requirements: 
 
 1. Fireproof construction. All buildings more than four stories 
 in height shall be [of] fireproof [construction. The]. 
 
 2. MUl construction. Buildings not more than six stories in 
 height and provided with an approved automatic sprinkler system 
 
i^ 
 
 1 
 
 202 Appendix I — Bills Submitted to the Legislature 
 
 may he of mill or slow huming construction built accordinn ta 
 specificattons of the industrial hoard, 
 
 3, Modifications, The industrial hoard may permU the 
 ^rectum of buildings not over ^ stcmes in height, of incowr 
 busttble construction, hut not comphjimj with the requirements 
 for fireproof buildings where in the opinion of the hoard there is 
 a small life hazard, 
 
 j. Boofs and walls. All roofs of [allj buUdings over one story 
 in height shall be covered with incombustible material, [or ghall be 
 
 liT ^'^l ^°^ ^^""^^ ^^""^ P^^®*'^ ^®°^®°* ^ ^^^' ^^^^^ materials as 
 the tndustrml hoard may approve, supported and laid in accord- 
 ance with specifications adopted by the hoard, [supported by or 
 applied to arches of fireproof material, and the cj Cornices shall 
 be constructed of incombustible material. All exterior walls 
 within twentj.five feet of any nonfireproof building shall be huUt 
 of masonry not less than eight inches thick and shall extend three 
 leet above the roof. 
 
 [2.^ Floor area and r] 5, i?equired exits. The term " floor 
 area as used m this section [signifies! means the entire space 
 between fire walls, or between a fire wall and an exterior wall of 
 a building, or between the exterior walls of the building where 
 there is no intervening fire wall. From every floor area there 
 shall be not less than two [means of] exit^ remote from each 
 other, one of which on every floor above the ground floor shall 
 be an interior [enclosed fireproof] stairway or an exterior en- 
 closed fireproof stairway, and the other [shall be] eUher such a 
 stairway or a horizontal exit. No point in any floor area shall 
 be more than one hundred feet distant from the entrance to one 
 such [means of] exit ai that floor. Whenever any floor area ex- 
 ceeds five thousand square feet there shall be [provided] at least 
 one additional £means of] exit as hereinbefore described and 
 there shall be another additional exit for each additional five 
 thousand square feet or part thereof [in excess of five thousand 
 square feet]. In every building over one hundred feet in height 
 there shall be at least one exterior enclosed fireproof stairway 
 which shall be accessible from any point in the building. 
 
 [3] 6. Stairways. All stairways shall be constructed of incom- 
 bustible material and shall have an unobstructed width of at least 
 forty-four inches throughout their length, except that hand raib 
 may project not more than three and one-half inches into such 
 width. There shall be not more than twelve feet six inches in 
 
 Appendix I — Bills Submitted to the Leoislatubb 203 
 
 height between successive landings. The treads shall be not less 
 than ten inches wide exclusive of nosing, and the rise shall be not 
 more than seven and three-fourths inches. No stairway with 
 "winders" shall be allowed except [as a connection from one 
 floor to another] a single flight connecting only two floors. The 
 treads shall be constructed and maintained in such manner as to 
 prevent persons from slipping thereon. Every stairway shall be 
 enclosed on all sides by fireproof partitions extending continu- 
 ously from the lowest story to which such stairway extends to 
 three feet above the roof or in case of a fireproof building io the 
 roof, [and t]The roof of the enclosure shall be constructed of 
 fireproof material at least [four] three and a half inches thick 
 with a skylight at least three-fourths the area of the shaft unless 
 adequate outside windows are provided. All stairways serving 
 as required [means of] exit shall extend to the roof and shall 
 lead (a) continuously to the street, or (b) to a fireproof passage- 
 way independent of other [means of] exit from the building, 
 or equal in width to the aggregate width of the stairways lead- 
 ing to it, opening on a road or street, or (c) to an open area 
 affording unobstructed passage to a road or street [All stair- 
 ways that extend to the top story shall be continued to the roof.] 
 Provision shall be made for the adequate lighting of all stairways 
 by artificial light. 
 
 [4] 7. Doors and doorways. All doors shall open outwardly. 
 The width of the hallways and exit doors leading to the street, at 
 the street-level, shall be not less than the aggregate width of all 
 required stairways leading to them. Every door leading to or 
 opening on a stairway shall have an unobstructed width of at 
 least forty[-four] inches. 
 
 [5] 8, Partitions. All permanent partitions in the interior 
 of fireproof buildings [of fireproof construction] shall be of in- 
 combustible material. 
 
 [6] 9, [Openings to be enclosed] Shafts, All elevator and 
 dumbwaiter shafts, vent and light shafts, pipe and duct shafts, 
 hpistways and all other vertical openings leading from one floor to 
 another shall be enclosed throughout their height [on all sides] 
 by enclosures of fireproof material. Every such enclosure shall 
 have a roof of fireproof material, [and i]/f an elevator shaft, 
 dumbwaiter shaft or vent and light shaft [the enclosure] ex- 
 tends to the top story [it] the enclosure shall be continued to 
 three feet above the roof of the building or to the roof if it ut 
 
204 
 
 Appendix I — Bills Submitted to tub Leoislatubs 
 
 \\ 
 
 ! 
 
 fireproof and shall have at the top either a metal-framed sky- 
 light [in a metal framej at least three-fourths of the area of 
 the shaft or [exterior] a fireproof window [with metal frame 
 and sash] or with properly constructed self-closing metal louvres. 
 The bottom of the enclosure shall be of fireproof material 
 unless the [opening] enclosure extends to the cellar bottom. 
 All openings in such enclosures shall be provided with fire 
 [-proof] doors, except that openings in the enclosures of vent 
 and light shafts [shall] may be provided [either] with fire- 
 [proof] doors, [or with] fireproof windows [having metal 
 frames and sash and wired glass where glass is used]. 
 
 § [79-b] S51. Requirements for [existing] buildings erected 
 before October first, nineteen hundred and thirteen. No factory 
 shall be conducted in any building [heretofore] erected before 
 October first, nineteen hundred and thirteen, unless such building 
 shall conform to the following requirements: 
 
 1. Required exits. [Every building over two stories in height 
 shall be provided on each floor with at least two means of exit or 
 escape from fire,] From every floor in a building over two stories 
 in height there shall be at least two exits remote from each other 
 [, o]. One of [which] them on every floor above the ground floor 
 shall [lead to or open on] be either an interior stairway, which 
 shall be enclosed as hereinafter provided, or [to] an exterior en- 
 closed fireproof stairway. The other shall [lead to] be either 
 such a stairway; or [to] a horizontal exit; or [to] an exterior 
 screened stairway ; or [to] fire escapes on the outside of the build- 
 ing in buildings of five stories or less in height except that such 
 fire escapes shall not be accepted as a required [means of] exit 
 in such buildings or particular classes thereof where the indus- 
 trial board finds that such fire escapes would not in its opinion 
 furnish adequate and safe means of escape for the occupants in 
 case of fire; or [to] outside fire escapes in buildings over fivQ 
 stories in height when, in the opinion of the industrial board tho 
 safety of the occupants of the building would not be endangered 
 thereby. No point on any floor [of such factory] shall be more 
 than one hundred feet distant from the entrance to one such 
 [means of] exit ai that floor. Whenever egress may be had 
 from the roof to an [adjoining or nearby] adjacent structure, 
 every stairway serving as a required [means of] exit shall be 
 extended to the roof. All such stairways shall extend to the 
 first story and lead to the street or to an unobstructed passage- 
 
 Appendix I — Bills Submitted to the Legislatube 205 
 
 way leading to a street or roed or to an open area affording safe 
 passage to a street or road. 
 
 2. Stairway enclosures. All interior stairways serving as re- 
 quired [means of] exits in buildings more than five stories 
 in height and the landings, platforms and passageways con- 
 nected therewith shall be enclosed on all sides by partitions of 
 fire resisting material extending continuously to the roof [from 
 the basement]. Where the stairway extends to the top floor of 
 the building such partitions shall extend to three feet above the 
 roof or to the roof if it is fireproof. [All openings in such 
 partitions shall be provided with self-closing doors constructed 
 of fire resisting material except where such openings are 
 in the exterior wall of the building.] All such partitions and 
 the doors provided for the openings therein shall be constructed 
 in such manner as the industrial board may prescribe by its rules 
 and regulations. The industrial board shall have power to adopt 
 rules and regulations requiring the enclosure of stairways serving 
 as required exits in buildings of five stories or less in height or 
 in particular classes of such buildings [wherever] whenever the 
 board finds that because of the conditions existing in such build- 
 ings such requirement is necessary to secure the safety of the 
 lives of the occupants thereof, in case of fire. Whenever in the 
 case of [any existing] buildings erected before October first, 
 nineteen hundred and thirteen, not over six stories in height, the 
 industrial board [shall] finds that the requirements of this [and 
 the last preceding] subdivision [relating to stairway enclosures] 
 can be dispensed with or modified without endangering the safety 
 of employees [persons employed in such buildings, the industrial 
 board shall have power to] it may adopt [such] rules [and 
 regulations, as may, in its opinion, meet the conditions existing 
 in such buildings, which rules and regulations may make said re- 
 quirements inapplicable or] modify [the same]tn^ the require- 
 ments of this subdivision in such manner as it [may] finds [to 
 bo] adapted to securing the safety of employees, [persons em- 
 ployed therein.] The industrial board [shall have power to] may 
 adopt rules [and regulations,] permitting, under conditions there- 
 in prescribed, as a substitute for the stairway enclosures herein 
 required the use of partitions [heretofore] constructed before 
 October first, nineteen hundred and thirteen, in such manner and 
 of such fire resisting material as [have heretofore been] were 
 approved before that date by the local authorities exercising super- 
 
206 
 
 Appendix I — Bills Submitted to the Legislatubb 
 
 ■ 
 
 I 
 
 vision over the construction and alteration of buildings Hn 
 such cases, however, ej^very opening in the [enclosingj partitions 
 required by this subdivision or by rules adopted thereunder shall 
 be provided with fire doors except where such openings are in the 
 extenor wall of the building in which case if they are within thiHy 
 feet of nnother building they shall he provided with fireproof 
 windows or fire doors. 
 
 S. Width of stairways. All stairways erected after July first, 
 nineteen hundred and fouHeen, shall be not less than three feet 
 wide. 
 
 [3]^. Doors. Where ^ve or more persons are employed on any 
 floor of a factory building over one story in height [everv] all 
 doors on such floor leading to or opening on any [means of] exit 
 shall open outwardly or be double swinging doors or be so con- 
 structed as to slide freely. All exit doors in the first story, in 
 such buildings, including the doors of the vestibule, shall open 
 outwardly. 
 
 [4. Fire-escapes. All outside fire-escapes shall be constructed 
 of wrought iron or steel and shall be so designed, constructed and 
 erected as to safely sustain on all platforms, balconies and stair- 
 ways a live load of not less than ninety pounds per square foot 
 with a factor of safety of four. Wherever practicable, a continu- 
 ous run or straight run stairway shall be used. On every floor 
 above the first there shall be balconies or landings embracing one 
 or more easily accessible and unobstructed openings at each floor 
 level, connected with each other and with the ground by means 
 of a stairway constructed as hereinafter provided and well fastened 
 and secured. All openings leading to outside fire-escapes shall 
 have an unobstructed width of at least two feet and an unob- 
 structed height of at least six feet. Such openings shall extend 
 to the floor level or within six inches thereof, shall be not more 
 than seven inches above the floor of the fire-escape balcony, 
 shall have metal frames or frames covered with metal and 
 be provided with doors constructed of fireproof material and 
 with wired glass where glass is used, except in cases where fire- 
 escapes are hereafter erected on buildings constructed prior to 
 October first, nineteen hundred and thirteen, of five stories or 
 under in height, in which cases the provisions of subdivision 
 five as to the use of steps to connect with the fire-escapes and as 
 to the construction of openings leading to fire^scapes shall apply. 
 All windows opening upon the course of the fire-escape shall be 
 
 Appendix I — Bills Submitted to the Leqislatube 207 
 
 fireproof windows. The balconies shall have an unobstructed 
 width of at least four feet tliroughout their length and shall have a 
 landing not less than twenty-four inches square at the head of 
 every stairway. There shall be a passageway between the stair- 
 way opening and the side of the building at least eighteen inches 
 wide throughout except where the stairways reach and leave the 
 balconies at the ends or where double run stairways are used. The 
 stairway opening of the balconies shall be of a size sufficient to 
 provide clear headway and shall be guarded on the long side by 
 an iron railing not less than three feet in height. Each balcony 
 shall be surrounded by an iron railing not less than three feet in 
 height, thoroughly and properly braced. The balconies shall be 
 connected by stairways not less than twenty-two inches wide, placed 
 at an incline of not more than forty-five degrees, with steps of not 
 less than eight-inch tread and not over eight-inch rise and provided 
 with a handrail not less than three feet in height. The treads of 
 such stairways shall be so constructed as to sustain a live load 
 of four hundred pounds per step with a factor of safety of four. 
 There shall be a similar stairway from the top floor balcony to the 
 roof, except where the fire-escape is erected on the front of the 
 building. A similar stairway shall also be provided from the 
 lowest balcony to a safe landing place beneath, which stairway 
 shall remain down permanently or be arranged to swing up and 
 down automatically by counterbalancing weights. When not 
 erected on the front of the building, safe and unobstructed egress 
 shall be provided from the foot of the fire-escape by means of an 
 open court or courts or a fireproof passageway having an unob- 
 structed width of at least three feet throughout leading to the 
 street, or by means of an open area having communication with 
 the street; such fireproof passageway shall be adequately lighted 
 at all times and the lights shall be so arranged as to ensure their 
 reliable operation when through accident or other cause the regu- 
 lar factory lighting is extinguished. 
 
 5. The provisions of subdivision four shall not apply where at 
 the time this act takes effect there are outside fire-escapes with 
 balconies on each floor of the building connected with stairways 
 placed at an angle of not more than sixty degrees, provided that 
 such existing outside fire-escapes have or shall be provided with 
 the following: 
 
 A stairway leading from the top floor balcony to the roof, 
 except where the fire-escapes are erected on the front of the build- 
 
I 
 
 •i^ 
 
 ) 
 
 
 208 Appendix I — Bills Submitted to the Leoislaturb 
 
 ing; a stairway not less than twenty-two inches wide from the 
 lowest balcony to a safe landing place beneath, which stairway re- 
 mains down permanently or is arranged to swing up and down by 
 counter-balancing weights; a safe and unobstructed exit to the 
 street from the foot of such fire-escapes as provided in subdivision 
 four hereof; steps connecting the sill of every opening leading to 
 the fire-escapes with the floor wherever such sill is more than three 
 feet above the floor level; and all openings leading to the fire 
 escapes provided with windows having metal frames and sash or 
 frames and sash covered with metal and with wired glass where 
 glass is used, or with doors constnicted in accordance with the 
 requirements of subdivision four ; and all windows opening upon 
 the course of the fire-escape provided with fireproof windows.] 
 
 Note.— This section covers subs. 1, 2 and 3 of old § 79-f, with changes in 
 dictated in the text. Old § 79-f, sub. 4, is covered by new § 263. Section79-i, 
 sub. 5, is covered by new § 254. 
 
 § [79-c] 262. Additional requirements common to all build- 
 ings pieretofore and hereafter erected]. No factory shall be con- 
 ducted in any building unless such building shall be so con- 
 structed, equipped and maintained in all respects as to afford ade- 
 quate protection against fire to all persons employed therein, nor 
 two hundred and fifty, in the case of a building [hereafter] 
 unless, in addition to the requirements of section [seventy-nine-a] 
 erected after October first, nineteen hundred and thirteen, or of 
 section [seventy-nine-b] two hundred and fifty-one, in the case 
 of a building [heretofore] erected before that date, such building 
 shall conform to the following requirements : 
 
 1. Access to exits. Safe and continuous passageways with an 
 unobstructed width of at least three feet throughout their length 
 and leading directly to every exit including fire-escapes and pas- 
 senger elevators, shall be maintained at all times an every floor of 
 the building. Every exit shall be maintained in an unobstructed 
 condition. 
 
 [1]^. Stairways. Stairways shall be provided with proper 
 [and substantial] hand-rails. Where the stairway is enclosed 
 by fireproof partitions the bottom of the enclosure shall be of fire- 
 proof material at least four inches thick unless the fireproof parti- 
 tions extend to the cellar bottom. [All stairways that extend to 
 the top story shall be continued to the roof.] 
 
 [2]^. Doors and windows. No door leading out of any factory 
 or constituting an entrance to the factory building shall be locked. 
 
 
 
 Appendix I — Bills Submitted to the Legislature 209 
 
 bolted or fastened during working hours. No door, window or 
 other opening on any floor of a factory building shall be obstructed 
 by stationary metal bars, grating or wire mesh. Metal bars, 
 grating or wire mesh provided for any such door, window or other 
 opening shall be so constructed as to be readily movable or remov- 
 able [from both sides] in such manner as to afford the free and 
 unobstructed use of such door, window or other opening as a means 
 of egress in case of need [and they]. Such obstructions shall be 
 left unlocked during working hours. 
 
 J^. Every door opening on a stairway or other [means of] exit 
 shall so open as not to obstruct the passageway. 
 
 6. A clearly painted sign marked '* exit " in letters not less than 
 eight inches in height shall be placed over all [exits] openings 
 leading to stairways and other [means of egress] exits, and in 
 addition a red light shall be placed over all such [exits] openings 
 for use in time of darkness. 
 
 [3. Access to exits. There shall at all times be maintained con- 
 tinuous, safe, unobstructed passageways on each floor of the build- 
 ing, with an unobstructed width of at least three feet throughout 
 their length leading directly to every means of egress, including 
 outside fire-escapes and passenger elevators. All means of egress 
 shall be maintained in an unobstructed condition. No door lead- 
 ing into or out of any factory or any floor there jf shall be locked, 
 bolted or fastened during working hours.] 
 
 4. Regulation by industrial board. The industrial board [shall 
 have power to] may adopt rules [and regulations] and establish 
 requirements and standards for construction, equipment and 
 maintenance of factory buildings or of particular classes of fac- 
 tory buildings and the means and adequacy of exit therefrom in 
 order to carry out the purposes of this chapter in addition to 
 the requirements of this section and of sections [seventy-nine-a 
 and seventy-nine-b, and not inconsistent therewith.] two hundred 
 and fifty, two hundred and fifty-one, and two hundred and fifty- 
 two. 
 
 Note.— Rewritten from old § 7t*-c, with subdivisions rearranged; changes 
 indicated. 
 
 § 253. Fire-escapes erected after October first, nineteen hun- 
 dred and thirteen. All outside fire-escapes erected after Oc< 
 tober first, nineteen hundred and thirteen, whether serving as re- 
 quired exits or otherwise shall conform to the following require- 
 ments: 
 
 
210 
 
 Appendix I — Bills Submitted to the Leoislatueb 
 
 
 il 
 
 i 
 
 
 i. They shall he built of wrought iron or steel and shall he so 
 constructed and erected as to safely sustain on all platforms, 
 balconies and stairways a live load of not less than ninety pounds 
 per square foot with a factor of safety of four. 
 
 2. Whenever practicahle a continuous run or straight run stair- 
 way shall he huilt, 
 
 3, All openings leading thereto shall have an unobstructed 
 width of at least two feet and an unobstructed height of at least 
 su^ feet. Such openings shall extend to the floor level or within 
 SIX inches thereof, shall be not more than seven inches above the 
 floor of the fire-escape balcony and shall be provided with fire 
 doors, exce.pt in buildings five stories or under in height erected 
 prior to October first, nineteen hundred and thirteen, in which 
 case the provisions of subdivisions five and six of section two hun- 
 dred and fifty-four with reference to sills leading to fire-escapes 
 and openings leading to fire-escapes shall apply. 
 
 4' All wi7idows above the ground floor opening upon the course 
 of the fire-escape shall be fireproof windows. 
 
 5, On every floor above the first there shall be a balcony 
 firmly fastened to the building and embracing one or more 
 easily accessible and unobstructed openings. The balconies shall 
 have a width of at least four feet throughout their length 
 and shall have a landing not less than twenty-four inches square at 
 the head of every stairway. There shall he a passageway between 
 the stairway opening and the side of the building at least eighteen 
 inches wide throughout except where the stairways reach and 
 leave the balconies at the ends or where double run stairways are 
 used. The stairway opening of the halconies shall be of a size 
 sufficient to provide clear headway and shall he guarded on the 
 long side by an iron railing not less than three feet in height. 
 Each balcony shall he surrounded by an iron railing not less than 
 three feet in height properly braced. 
 
 6. The halconies shall he connected by stairways not less than 
 twenty-two inches wide placed at an incline of not more than 
 forty-five degrees, with steps of not less than eight-inch tread and 
 not over eight-inch rise and provided with a handrail not less than 
 three feet above the treads. The treads of such stairways shall 
 he so constructed as to sustain a live load of four hundred pounds 
 per step with a factor of safety of four. 
 
 7. There shall be a similar stairway from the top floor balcmy 
 to the roof, except where the fire-escape is erected <m the frmt 
 of the building. 
 
 Appendix I — Bills Submitted to the Legislatube 211 
 
 8. A similar stairway shall also he provided from the lowest 
 balcony to a safe landing place beneath, which stairway shall 
 remain down permanently or be arranged to swing up and down 
 automatically by counterbalancing weights. 
 
 9. When not erected on the front of the building, safe and un- 
 obstructed egress shall be provided from the foot of the fire-escape 
 by means of an open court or courts or a fireproof passageway 
 having an unobstructed width of at least three feet throughout 
 leading to the street, or by means of an open area having com- 
 munication with the street. Such fireproof passageway shall 
 he adequately lighted at all times and the lights shall be so 
 arranged as to insure their reliable operation when through acci- 
 dent or other cause the regular factory lighting is extinguished. 
 If the factory is lighted by electricity such lights shall be on a 
 separate circuit from the regular factory lighting system. 
 
 Note.— Taken from old § 79-b, sub. 4. Words " above the ground floor " in 
 lub. 4 of new section are new as is last sentence of sub. 9. 
 
 § 254. Fire-escapes erected before October first, nineteen hun- 
 dred and thirteen. The industrial board may in its discretion 
 adopt requirements 05 to outside fire-escapes erected before Oc- 
 tober first, nineteen hundred and thirteen, and not serving as re- 
 quired exits. 
 
 All outside fire-escapes erected before October first, nineteen 
 hundred and thirteen, and serving as required exits unler the 
 provisions of section two hundred and fifty-one shall conform to 
 the following requirements: 
 
 1, There shall be balconies on each floor of the building con- 
 nected with stairways placed at an incline of not more than sixty 
 degrees. 
 
 2. A stairway shall lead from the top floor balcony to the roof, 
 except when the fire-escapes are erected on the front of the 
 building. 
 
 S. A stairway not less than twenty-two inches wide shall lead 
 from the lowest balcony to a safe landing place beneath, which 
 stairway shall remain down permanently or swing up and down 
 by counterbalancing weights. 
 
 Jf. A safe and unobstructed exit shall he provided to the street 
 from the foot of such fire-escapes as required in subdivision nine 
 of section two hundred and fifty-three, 
 
 5. Steps shall connect the sill of every opening leading to the 
 fire-escapes with the floor wherever such sill is more than three 
 feet above the floor level. 
 
212 
 
 Appendix I — Bills Submitted to the Leoislatubb 
 
 6, An openings leading to the fire-escapes shall he provided with 
 fireproof windows or fire doors. 
 
 7, All windows above the ground floor opening upon the course 
 of the^ fire-escape, shall he fireproof windows. 
 
 8, The balconies and stairway openings shall he properly 
 guarded by iron ratlings. 
 
 Note.— Taken from old fi 79.b, sub. 5. 
 
 § 255, Special laws and local ordinances. The requirements 
 of sections two hundred and fifty to two hundred and fifty-four 
 inclusive, are not in substitution for the requirements of any 
 general or special law or local ordinance relating to the conMruc- 
 twn, equipment or maintenance of huUdings, hut the provisions 
 of such general and special laws and local ordinances shall he 
 observed as well as the provisions of said sections. The provisions 
 of sections two hundred and fifty to two hundred and fifty- 
 four tnclustve shall supersede all provisions inconsistent there- 
 with in any special law or local ordinance, and any provision of 
 law or ordinance which gives power to any officer to establish re- 
 quirements inconsistent with the provisions of such sections or 
 the rules adopted by the industrial board under the provisions 
 of this chapter. 
 
 Note.— Taken from § 79-d, sub. 1. 
 
 § [79-d.] 256, [Effect of foregoing provisions; ij/nspection 
 of buildings and approval of plans. [1. Effect of foregoing pro- 
 visions. The requirements of sections sevcnty-nine-a, seventy- 
 nine-b and seventy-nine-c are not in substitution for the require- 
 ments of any general or special law or local ordinance relating to 
 the construction, equipment or maintenance of buildings, but the 
 provisions of such general and special laws and local ordinances 
 shall be observed as well as the provisions of said sections. The 
 provisions of sections soventy-nine-a, seventy-nine-b and seventy- 
 nincKJ shall supersede all provisions inconsistent therewith in any 
 special law or local ordinance, and any provision of law or ordi- 
 nance which gives power to any officeir to establish requirements 
 inconsistent with the provisions of such sections or the rules and 
 regulations adopted by the industrial board under the provisions 
 of this article.] 
 
 [2]i. Inspection of buildings. The officer of any city, village or 
 town having power to inspect buildings therein for the purpose of 
 
 
 Appendix I — Bills Submitted to the Leoislatube 213 
 
 determining their conformity to the requirements of law or ordi- 
 nance governing the construction thereof, shall, whenever re- 
 quested by the commissioner [of labor], inspect any factory 
 building therein and certify to the commissioner [of labor] in de- 
 tail whether or not such building conforms to the requirements of 
 this chapter and the rules [and regulations] of the industrial 
 board, and such certificate shall be filed in the office of the com- 
 missioner [of labor] and shall be presumptive evidence of the 
 truth of the matters therein stated. 
 
 [3]^. Approval of plans. Before construction or alteration of 
 a building in which it is intended to conduct one or more factories, 
 the plans and specifications for such construction or alteration ma v 
 be submitted to the commissioner [of labor] and filed in his office 
 in such form and with such information as may bo required by 
 him or by the rules [and regulations] of the industrial board, and 
 if such plans and specifications comply with the requirements of 
 this chapter and the rules [and regulations] of the industrial 
 board, he shall issue his certificate approving the same, which cer- 
 tificate shall bear the date when issued. Whenever any certificate 
 i^hall be issued by the commissioner [of labor] under this section 
 the particulars of such certificate shall be recorded and indexed in 
 the records of his office. Before issuing any such certificate the 
 commissioner [of labor] may request the officer of the city, vil- 
 lage or town in which such building is located having power to 
 examine and pass upon plans for construction of buildings with 
 Teference to their conformity to the requirements of law or ordi- 
 nance governing the construction thereof, to examine such plans 
 and specifications and to certify to the commissioner [of labor] 
 whether or not such plans and specifications conform to the re- 
 quirements of this chapter and the rules [and regulations] of the 
 industrial board[, and s]. Such officer shall thereupon make such 
 examination and so certify in detail to the commissioner [of labor 
 and s]. iS^uch certificate shall be filed in the office of the com- 
 missioner [of labor] and shall be presumptive evidence of the 
 truth of the matters therein stated. 
 
 [4]'S. Certificate of compliance. After such construction or 
 alteration shall be completed, the commissioner [of labor] shall, 
 when requested by the owner or person filing such plans, ascertain 
 by inspection or in the manner provided in subdivision [two]' one 
 of this section, whether such building conforms to the requirements 
 of this chapter and the rules [and regulations] of the industrial 
 
( 
 
 214 Appendix I — Bills Submitted to tiie Legislature 
 
 board ; and if he finds that it does conform thereto, shall issue his 
 certificate to that effect^ which]. Such ceHi/icatc shall bear tho 
 date when issued. 
 
 Note.— Old S 79-d, sub. 1, is made new i 265. 
 
 § [79-e.] 257, Limitation of number of occupants. The num- 
 ber of persons [who may occupy any factory building or portion 
 thereof above the ground floor shall be limited to such a number 
 as can safely escape from such building by the means of exit pro- 
 vided in the building. 
 
 1. In buildings hereafter erected no more than fourteen per- 
 sons shall be employed or permitted or suffered to work on any 
 one floor for ev^ery full twenty-two inches in width of stairway con- 
 forming to the requirements for a required means of exit except 
 as to extension to the roof, provided for such floor. No allow- 
 ance shall be made for any excess in width of less than twenty- 
 two inches.] employed in a factory building on any floor above 
 or below the ground floor shall not exceed the following: 
 
 1. In any building erected after October first, nineteen hundred 
 and thirteen, fourteen persons for every twenty-two inches in width 
 of stairway provided for such floor and conforming to the require- 
 ments for required exits, except as to extension to the roof. No 
 allowance shall be made for any excess in width of less than 
 twenty-two inches, 
 
 2. In any building[s heretofore] erected [no more than] be- 
 fore October first, nineteen hundred and thirteen, fourteen per- 
 sons, [shall be employed or permitted or suffered to work on any 
 one floor] for every eighteen inches in width of stairway provided 
 for such floor and conforming to the requirements for [a] re- 
 quired [means of] exit^ except as to extension to the roof [, and 
 f]. i^or any excess in width of less than eighteen inches, 
 a proportionate increase in the number of occupants shall be 
 allowed. If any stairway has winders a deduction of ten per 
 centum shall be made in counting the capacity of such stairway. 
 Where the industrial board [shall] finds that the safety of the 
 occupants of any such building will not be endangered thereby, it 
 may allow an increase in the number of occupants of any floor in 
 such building to a number not greater than at the rate of twenty 
 persons for every eighteen inches in width of such stairway pro- 
 vided for such floor, with a proportionate increase in the number 
 of occupants for any excess in width of less than eighteen inches.- 
 
 Appendix I — Bills Submitted to the Legislature 215 
 
 3. [In any building for every additional sixteen inches over 
 ten feet in height between two floors, one additional person may 
 be employed on the upper of such floors for every eighteen inches 
 in width of stairway leading therefrom to the lower of such floors 
 in buildings heretofore erected, and one for every twenty-two 
 inches in width of such stairway in buildings hereafter erected, 
 provided that such stairways conform to the requirements for re- 
 quired means of exit except as to extension to the roof. 
 
 4. In any building, if any stairway has steps of the type known 
 as " winders," a deduction of ton per centum shall be made in 
 counting the capacity of such stairway.] On any floor which is 
 more than ten feet from the one immediately beneath, the number 
 " fourteen " allowed in subdivisions one and two may be increased 
 by one person for every sixteen inches over ten feet between the 
 two floors, 
 
 4, The number of persons employed on any floor under sub- 
 divisions one, two and three may be increased fifty per centum 
 where there is maintained throughout the building an automatic 
 sprinkler system conforming to the requirements of section two 
 hundred and sixty and to the rules of the industrial hoard. 
 
 6. pn any building where the stairways and stairhalls are en- 
 closed in fireproof partitions or where, at the time this act takes 
 effect, the stairways and stairhalls are enclosed in partitions of 
 brick, concrete, terra-cotta blocks or reinforced concrete con- 
 structed in a manner heretofore approved by the superintendent 
 of buildings of the city of New York having jurisdiction if in 
 such city, or elsewhere in the state, in a manner conforming to 
 the rules and regulations to be adopted by the industrial board 
 under the provisions of subdivision two of section seventy-nine-b, 
 all openings in which enclosing partitions are or shall hereafter bo 
 provided with fireproof doors, in either of such cases so many addi- 
 tional persons may be employed on any floor as can occupy tho 
 enclosed stairhall or halls on that floor, allowing five square feet 
 of unobstructed floor space per person.] In any building where 
 the stairways and stairhalls are enclosed by partitions as required 
 by sections two hundred and fifty and two hundred and fifty-one, 
 80 many persons may be employed on any floor in addition to the 
 number allowed in subdivisions one, two and three, as can occupy 
 the enclosed stairhalls on that floor, allowing five square feet of 
 unobstructed floor space per person. 
 
 If the partitions have been constructed before October first, 
 nineteen hundred and thirteen, they shall be built of brick, con- 
 
216 Appendix I — Bills Submitted to the Legislature 
 
 .!■ 
 
 1 : {' 
 
 Crete, terra-colia hlochs or reinforced concrete and all openings 
 therein provided with fire doors. 
 
 If in the city of New York such partitions shall have been con- 
 structed in a manner approved before October first, nineteen hun- 
 dred and thirteen, by the superintendent of buildings having juris- 
 diction; if elsewhere, in a manner conforming to rules adopted by 
 the industrial board under subdivision two of section two hundred 
 and fifty-one, 
 
 6. [In any building wherej On any floor at which a horizontal 
 exit is provided [on any floor such number of] so many persons 
 may be employed [on such floorj as can occupy the smaller of 
 the [two] spaces [on such floor] on either side of the [fireproof 
 partitions or] fire wall[8], or as can occupy the floor of an [ad- 
 joining or near-by] adjacent building which is connected with 
 such floor by openings in the wall or walls between the buildings 
 or by exterior balconies or bridges, in addition to the occupants of 
 such connected floor in such [adjoining or near-by] adjacent 
 building, allowing five square feet of unobstructed floor space per 
 person in either case. [, provided that the partitions or walls or 
 balconies through which the horizontal exit is provided to such 
 other portion of the same building or to such adjoining or near-by 
 building shall have doorways of sufficient] The openings con- 
 8tituti7t.g such exits, or if such exits are balconies or bridges the 
 openings leading thereto, shall be of sufficient aggregate width 
 to allow eighteen inches in width of openings for each fifty per- 
 sons or fraction thereof [so permitted to be] employed on such 
 floor in the case of horizontal exits [heretofore] constructed before 
 October first, nineteen hundred and thirteen, and twenty-two 
 inches in the case of horizontal exits [hereafter] constructed after 
 that date, 
 
 7, In any fireproof building [heretofore] erected before October 
 first, nineteen hundred and thirteen, [of fireproof construction,] 
 where any floor is subdivided by a partition[8 of brick, terra 
 cotta or concrete and not less than four inches Uiick extending con- 
 tinuously from the fireproofing of the floor to the underside of the 
 fireproofing of the floor above, with all openings protected by fire- 
 proof doors not less than forty-four inches nor more than sixty-six 
 inches in width, and in which] conforming to the requirements of 
 this subdivision and all the windows on such floor and on the two 
 floors [directly underneath] immediately beneath are fireproof 
 [windows, such number of] so many persons may be employed 
 
 > 
 
 Appendix I — Bills Submitted to the Legislature 217 
 
 on such floor as can occupy the smaller of the [two] spaces on 
 either side of such partition[8], allowing five square feet of un- 
 obstructed floor space per person. [, provided there shall be on each 
 side of said partitions at least one stairway conforming to the 
 requirements for a required means of exit; and provided further 
 that such partitions have doorways of sufficient width to allow 
 eighteen inches in width of openings for each fifty persons or frac- 
 tion thereof so permitted to occupy such floor, and that such 
 doorways shall be kept unlocked and unobstructed during work- 
 ing hours.] The provisions of this subdivision shall apply to 
 any fireproof building [heretofore] erected before October first, 
 nineteen hundred and thirteen, which may hereafter be made to 
 conform to the requirements of this [section.] subdivision. 
 
 The partition shall be of brick, terra cotta or concrete not less 
 than four inches thick extending continuously from the fireproof- 
 ing of the floor to the underside of the fireproofing of the floor 
 above. All openings in the partition shall be protected by fire 
 doors not less than thirty-six inches nor more than eight feet 
 in width, which shall be kept unlocked and unobstructed during 
 working hours. On each side of the partition there shall be at 
 least one stairway conforming to the requirements for required 
 exits. The partition shall have doorways of sufficient aggregate 
 width to allow eighteen inches in width of openings for each fifty 
 persons or fraction thereof employed on such floor, 
 
 [8. In any building the number of persons pennitted to be 
 employed on any one floor under the provisions of subdivisions 
 one, two and three of this section may be increased fifty per 
 centum where there is constructed, installed and maintained 
 throughout the building an automatic sprinkler system conform- 
 ing to the requirements of section eighty-three-b of this chapter 
 and to the rules and regulations of the industrial board.] 
 
 8, [9.] In any building, the number of persons who may be 
 employed on any [one] floor shall in no event exceed such number 
 as can occupy such floor, allowing thirty-six square feet of floor 
 space per person [if the] in a non-fireproof building [is not of 
 fireproof construction,] and thirty-two square feet of floor space 
 per person [if the] m a fireproof building, [is of fireproof con- 
 struction.] 
 
 P. [10.] Where one floor is occupied by more than one tenant, 
 the industrial board shall [have power to] make rules [and regu- 
 lations] prescribing how many of the persons allowed to ocrupy 
 
' I' 
 
 218 Appeitoix I — Bills Submitted to the Legislature 
 
 such floor under the provisions of this section, may occupy the 
 space of each tenant 
 
 10, [11. Posting.] In every factory[,J building two stories or 
 over in height, the commissioner [of labor] shall cause to be 
 posted in a cons'picuous place in every stairhall and workroom, 
 notices specifying the number of persons that may occupy each 
 floor thereof in accordance with the provisions of this sec- 
 tion. [Every such notice shall be posted in a conspicuous place 
 in every stairhall and workroom.] If any [one] floor is occupied 
 by more than one tenant, such notices shall be posted in the space 
 occupied by each tenant, and shall state the number of persons 
 that may occupy such space. Every [such] notice shall bear the 
 date when posted. SiLch notices shall not be removed withoiU per- 
 mission of the department. 
 Note. — Taken from old § 79-e, with changes all indicated. 
 
 § ][83-a.] 268, Fire alarm signal systems, [and fire drills. 1.] 
 Every factory building over two stories in height in which more 
 than twenty-five persons are employed above the ground floor shall 
 be equipped with a fire alarm signal system with a sufficient num- 
 ber of signals clearly audible to all occupants thereof. [The indus- 
 trial board may make rules and regulations prescribing the number 
 and location of such signals.] Such system shall be installed and 
 maintained in good working order, [by the owner or lessee of 
 the building and] It shall permit the sounding of all the alarms 
 within the building whenever the alarm is sounded in any portion 
 thereof. [Such system shall be maintained in good working order.] 
 No person shall tamper with, or render ineffective any portion of 
 [said] the system except to repair [the same] it. It shall be the 
 duty of whoever discovers a fire to cause an alarm to be sounded 
 immediately. In the city of New York the fire commissioner of 
 such city, and elsewhere, the commissioner of labor shall enforce 
 this section, 
 
 [2. In every factory building over two stories in height in 
 which more than twenty-five persons are employed above the 
 ground floor, a fire drill which will conduct all the occupants of 
 such building to a place of safety and in which all the occupants 
 of such building shall participate simultaneously shall be con- 
 ducted at least once a month. 
 
 In the city of New York the fire commissioner of such city, 
 and in all other parts of the state, the state fire marshal shall 
 cause to be organized and shall supervise and regulate such fire 
 
 IL 
 
 \ 
 
 Appendix I — Bills Submitted to the Legislatuee 219 
 
 drills, and shall make rules, regulations and special orders neces- 
 sary or suitable to each situation and in the case of buildings 
 containing more than one tenant, necessary or suitable to the 
 adequate co-operation of all the tenants of such building in a 
 fire drill of all the occupants thereof. Such rules, regulations 
 and orders may prescribe upon whom shall rest the duty of 
 carrying out the same. Such special orders may require posting 
 of the same or an abstract thereof. A demonstration of such 
 fire drill shall be given upon the request of an authorized repre- 
 sentative of the fire department of the city, village or town in 
 which the factory is located, and, except in the city of New York, 
 upon the request of the state fire marshal or any of his deputies 
 or assistants. 
 
 3. In the city of New York the fire commissioner of such city, 
 and elsewhere, the state fire marshal is charged with the duty of 
 enforcing this section.] 
 
 Note. — Subdivision 2 of old f 83-a is made new § 259. 
 
 § 269, Fire drills. In every factory building over two stories 
 in height in which more than twenty-five persons are employed 
 above the growid floor, a fire drill which will coiiduct all the occu- 
 pants of such building to a place of safety and in which all the 
 occupants of such building sludl participate simultaneously shall 
 be conducted at least once a month. 
 
 In the city of New York the fire commissioner of such city, 
 and elsewhere the commissioner of labor shall enforce this section 
 and shall cause to be organized and shall supervise and regulate 
 such fire drills, and shall make rules, regulations and special 
 orders necessary or suitable to each situation and in fhe case of 
 buildings containing more than one tenant, necessary or 
 suitable to the adequate co-operation of all the tenants of 
 such building in a fire drill of all the occupants thereof. Such 
 rules, regulations and orders may prescribe upon whom 
 shall rest the duty of carrying out the same and may require 
 posting of the same or an abstract thereof. A demonstration 
 of such fire drill shall be given upon the request of an au- 
 thorized representative of the fire department of the city, village 
 or town in which the factory is located, and, except in the city 
 of Nev) York, upon the request of the commissioner of labor or 
 any of his deputies or assistants. 
 
 Note. — Taken from old i 83-a, sub. 2. 
 
 Jurisdiction outside of New York city transferred from state fire marshal 
 to commissioner of labor. 
 
.jl 
 
 [ I 
 
 220 Appendix I — Bills Submitted to the Leoislatubb 
 
 § [83-b.] £60, Automatic sprinklers. In every factory building 
 [over seven stories or over ninety feet in height] in which wooden 
 flooring or wooden trim is used and moro than two hundred people 
 are regularly employed above the seventh floor or more than 
 ninety feet above the ground level of [such] the building, the 
 owner of the building shall install an automatic sprinkler 
 syst^n approved as to form and manner of construction and 
 installation in the city of New York by the fire commissioner 
 of such city, and elsewhere by the [state fire marshal.] commis- 
 sioner of labor. Such automatic sprinkler system shall at all times 
 he maintained in good working order. [Such installation shall be 
 made within one year after tiiis section takes effect, but the fire 
 commissioner of the city of New York in such city, and the state 
 fire marshal elsewhere may, for good cause shown, extend such 
 time for an additional year. A failure to comply with this section 
 shall be a misdemeanor as provided by section twelve hundred and 
 seventy-five of the penal law and tJThe provisions hereof shall 
 [also] be enforced in the city of New York by the fire commis- 
 sioner of such city [in the manner provided by title three of 
 chapter fifteen of the Greater New York charter], and else- 
 where by the [state fire marshal in the manner provided by article 
 ten-a of the insurance law] commissioner of labor. 
 
 § [83-c.] eei. Fireproof receptacles[ ; gas jets; smoking]. 
 [1.] Every factory shall be provided with properly covered fire- 
 proof receptacles, the number, style and location of which shall be 
 approved in the city of New York by the fire commissioner, and 
 elsewhere, by the commissioner of labor. There shall be de- 
 posited in such receptacles all [inflammable] waste materials, cut- 
 tings and rubbish of an inflammable nature. No waste materials, 
 cuttings or rubbish shall be permitted to accumulate on the floors 
 of any factory but shall be removed therefrom not less than 
 [twice] once each day. All [such] waste materials, cuttings and 
 rubbish of an inflammable nature shall be entirely removed from 
 a factory building at least once in each day, except that baled 
 waste material may be stored in fireproof enclosures, [provided 
 that a]All such baled waste material shall be removed from such 
 building at least once in each month. 
 
 [2. All gas jets or lights in factories shall be properly enclosed 
 by globes, wire cages or otherwise properly protected in a man- 
 ner approved in the city of New York by the fire commissioner of 
 such city, and elsewhere, by the commissioner of labor. 
 
 
 Appendix I — Bills Submitted to the LEaisLAXuEE 221 
 
 3. No person shall smoke in any factory. A notice of su^ 
 prohibition stating the penalty for violation thereof shall be postea 
 in every entrance hall and every elevator car, and ^^ _^l^^ rf,, 
 hall and room on every floor of such factory in English and also 
 in TOch other language or languages as the fire commissioner ot 
 the city of New York in such city, and elsewhere, the state nre 
 marshal, shall direct The fire commissioner of the city of iNew 
 York in such city, and elsewhere, the state fire marshal shall en- 
 force the provisions of this subdivision.] 
 
 Kote — Old I 83-c, «ub8. 2 and 3 made new ii 262 and 263. 
 
 § S6S. Gas jets. All gas jets or other lights in faetoriss shall 
 he properly enclosed by globes, or wire cages or shall ^« <'''**!T'*f 
 properly protected in a manner approved in the city of New XorK 
 by the fire commissioner of such city, and elsewhere, by the com- 
 missioner of labor. 
 
 Note.— Taken from old i 83-c, iub. 2. 
 
 § Z6S. Smoking. No person shall smoTce in any factory, hut 
 the industrial board in its rules may permit smoking in protected 
 portions of a factory, or in special chsses of occupancies where in 
 its opinion the safety of the employees would not be endangered 
 thereby. A notice of such prohibition stating the penalty for 
 violation thereof shall be kept posted in every entrance hall, 
 elevator car, stair-hall and room of a factory in English and also 
 in such other language as the fire commissioner of the city of New 
 York in such city, and elsewhere, the commissioner of labor, shall 
 direct. The fire commissioner of the city of New York in such 
 city, and elsewhere, the commissioner of labor shall enforce this 
 section. Such notices shall be furnished by the officer charged 
 with the enforcement of this section. 
 
 Note.— Taken from old 5 83-c oub. 3. Important change in substance 
 i» flrrt sentence Biving power to industrial board to make exemptions. 
 
 J*"sd'ctJ^^ouuTe^f New York city transferred from state fire marshri 
 to commissioner of labor. 
 
 TITLE III. SANITATION. 
 
 § [84] 270, Cleanliness of factory rooms. Every room in a fa^ 
 tory [and] including the floor[s], waUs, ceiling[s], windows and 
 every other part thereof and all fixtures therein shall at all tuna 
 be kept in a clean and sanitary condition. The walls and ceil- 
 ing[s] of [each] such room [in a factory] shall be kept properly 
 
: I 
 
 222 Appendix I — Bills Submitted to the Legislatube 
 
 lime washed or painted, except when otherwise properly finished 
 [properly tiled or covered with slate or marble with a finished 
 surface. Such lime wash or paint shall be renewed whenever 
 necessary as may be required by the commissioner of labor]. 
 Floors in a factory shall, at all times, be maintained in a safe con- 
 dition. No person shall [spit orj expectorate upon the walls, 
 floors or stairs of any factory building, [used in whole or in part 
 for factory purposes. J Sanitary cuspidors shall be provided, 
 where necessary in every workroom in a factory in sufficient num- 
 bers. Such cuspidors shall be thoroughly cleaned daily. Suit- 
 able receptacles shall be provided and used for the storage of waste 
 and refuse[; 9]. Such receptacles shall be maintained in a 
 sanitary condition. 
 
 § [84-a.] S71, Cleanliness of factory buildings. Every part of 
 a factory building and of the premises thereof and the yarda, 
 courts, passages, areas or alleys connected with or belonging to the 
 same, shall be kept [clean, and shall be kept] free from any 
 accumulation of dirt, filth, rubbish or garbage [in or on the 
 same]. The roof, passages, stairs, halls, basements, cellars, privies, 
 water-closets, [cesspools, drains] and all other parts of such 
 building and the premises thereof shall at all times be kept in a 
 clean, sanitary and safe condition. The entire building and 
 premises shall be well drained and the plumbings cesspools and 
 drains thereof at all times kept in proper repair and in a [clean 
 and] sanitary condition. 
 
 § S72. Drinking water, 1, In every factory there shall he pro- 
 vided at all times for the tise of employees, a sufficient supply of 
 clean and pure drinking water. Such water shall he supplied 
 through proper pipe connections with water mains through which 
 is conveyed the water used for domestic purposes, or, from a 
 spring or well or hody of pure water. 
 
 2, If such drinking water he placed in receptacles in the factory, 
 such receptacles shall he properly covered to prevent contamination 
 and shall he thoroughly cleaned at frequent intervals. 
 
 Note. — Taken from old | 88, tub. 1. 
 
 § [88] 27 S, [Drinking water, w] Washrooms, [and dressing 
 rooms. 1. In every factory there shall be provided at all times for 
 the use of employees, a sufficient supply of clean and pure drink- 
 ing water. Such water shall be supplied through proper pipe 
 connections with water mains through which is conveyed the water 
 
 f 
 
 Appendlx I — Bills Submitted to the Legislature 223 
 
 used for domestic purposes, or, from a spring or well or body of 
 pure water ; if such drinking water be placed in receptacles m tne 
 factory, such receptacles shall be properly covered to prevent con- 
 tamination and shall be thoroughly cleaned at frequent intervals.] 
 [2.] i. In every factory there shall be provided and maintained 
 for the use of employees [suitable] adequate and convenient 
 washrooms or washing facilities [, separate for each sex, ade- 
 quately equipped with washing facilities consisting of sinks or 
 stationary basins provided with running water or with tanKs 
 holding an adequate supply of clean water]. ^Yherever re- 
 quired hy the industrial hoard such washrooms and washing f acu- 
 ities shah he separate for each sex. Every washroom shall be pro- 
 vided [with means for artificial illumination and] with adequate 
 means of ventilation and heating and with artificial mumimdion 
 where necessary, [All washrooms and washing facilities shall be 
 constructed, lighted, heated, ventilated, arranged and maintamea 
 according to rules and regulations adopted with reference thereto 
 by the industrial board.] , 
 
 2. In all factories where lead, arsenic or other poisonous sub- 
 stances or injurious or noxious fumes, dust or gases are pr^ent 
 as an incident or result of the business or processes conducted by 
 such factory [there shall be provided] the washing facilities 
 [which] shall include hot water and soap and individual towels. 
 [3. Where females are employed the person operating the 
 factory shall provide dressing or emergency rooms for 
 their use; each such room shall have at least one window open- 
 ing to the outer air and shall be enclosed by means of solid parti- 
 tions or walls. In every factory in which more than ten women 
 are employed there shall be provided one or more separate 
 dressing rooms in such numbers as required by the rules and 
 regulations of the industrial board and located in such place 
 or places as required by such rules and regulations, having 
 an adequate floor space in proportion to the number of em- 
 ploveee, to be fixed by the rules and regulations of the industrial 
 board, but the floor space of every such dressing room shall m no 
 event be less than sixty square feet; each dressing room shaU be 
 separated from any water closet compartment by adequate parti- 
 tions and shall be provided with adequate means for artificial 
 illumination; each dressing room shall be provided with suitable 
 means for hanging clothes and with a suitable number of seats. 
 All dressing rooms shall be enclosed by means of solid partitions 
 
II 
 
 224 Appendix I — Bills Submitted to the Legislature 
 
 or walls, and shall be constructed, heated, ventilated, lighted and 
 maintained in accordance with such rules and regulations as may 
 be adopted by the industrial board with reference thereto.] 
 Note.— Sub. 3 of old f 88 is made new i 274. 
 
 § 27 Jf, Dressing rooms. In every factory where females are 
 employed a sufficient number of dressing rooms conveniently lo- 
 cated shall he (provided for their use. Each dressing room shall 
 he properly ventilated and shall he enclosed hy partitions or walls. 
 Each dressing room shall he provided with adequate means for arti- 
 ficial illumination, suitable means for hanging clothes and a suit- 
 able number of seats and shall he properly heated and ventilated. 
 Each dressing room shall be separated from any water closet 
 compartment by adequate partitions. Adequate floor space shall 
 be provided in dressing rooms in proportion to the nwmher of ewr 
 ployees. 
 
 Note. — Taken from old { 88, sub. 3, except that provision in old section for 
 dressing rooms where more than ten women are employed, is here omitted. 
 
 § [88-a.] 275, Water closets. 1. [In every factory tJThere 
 shall be provided for every facttyry a sufficient number of suitable 
 and convenient water closets [separate for each sex, in such num- 
 ber and located in such place or places as required by the rules and 
 regulations of the industrial board]. All water closets shall be 
 maintained inside [the] factory building except where, in the 
 opinion of the commissioner [of labor], it is impracticable to 
 do 80. 
 
 2. There shall be separate water closet compartments or toilet 
 rooms for females, constructed and maintained in accordance with 
 the rules of the industrial hoard, [to be used by them exclusively, 
 and notice to that effect shall be painted on the outside of such 
 compartments. The entrance to every water closet used by females 
 shall be effectively screened by a partition or vestibule. Where 
 water closets for males and females are in adjoining compart- 
 ments, there shall be solid plastered or metal covered partitions 
 between the compartments extending from the floor to the ceiling 
 whenever any water closet compartments open directly into the 
 workroom exposing the interior, they shall be screened from view 
 by a partition or a vestibule. The use of curtains for screening 
 purposes is prohibited.] 
 
 3. The use of any form of trough water closet, latrine or school 
 sink within any factory is prohibited except as may be permitted 
 
 Appendix I — Bills Submitted to tue Legislatuee 225 
 
 by the industrial board in its rules. All such trough water 
 closets, latrines or school sinks shall, before the first of October, 
 nineteen hundred and [fourteen] fifteen, be completely removed 
 and the place where they were located properly disinfected under 
 the direction of the department [of labor. Such appliances shall 
 be replaced by proper individual water closets, placed in water 
 closet compartments, all of which shall be constructed and installed 
 in accordance with rules and regulations to be adopted by the 
 industrial board]. 
 
 4. Every [existing] water closet and urinal installed before 
 October first, nineteen hundred and thirteen, for any factory 
 inside any factory building shall have a basin of enameled iron 
 or earthenware, and shall be properly flushed [from a separate 
 water-supplied cistern or through a flushometer valve connected 
 in such manner as to keep the water supply of the factory free 
 from contamination]. All water closet compartments or toilet 
 rooms constructed before October first, nineteen hundred and 
 thirteen, shall have windows or suitable duvets leading to the outer 
 air, 
 
 6. All woodwork enclosing water closet fixtures shall be re- 
 moved from the front of the closet and the space underneath the 
 seat shall be left open. [The floor or other surface beneath and 
 aroimd the closet shall be maintained in good order and repair 
 and all the woodwork shall be kept well painted with a light-color 
 paint] All [existing] water closet compartments shall [have 
 windows leading to the outer air and shall] be [otherwise] prop- 
 erly ventilated [in accordance with rules and regulations adopted 
 for that purpose by the industrial board. Such compartments] 
 and shall be provided with adequate means for artificial illumina- 
 tion, [and the enclosure of each compartment shall be kept free 
 from all obscene writing or marking. 
 
 5.]6. All water closets, urinals^ [and] water closet compart- 
 ments and toilet rooms hereafter installed in a factory, including 
 those provided to replace existing fixtures, shall be properly con- 
 structed, installed, ventilated, lighted and maintained in accord- 
 ance with such rules [and regulations] as may be adopted by the 
 industrial board. 
 
 [6.] 7. All water closet compartments, and the floors, walls, ceil- 
 ings and surface thereof, and all fixtures therein, and all water 
 closets and urinals shall at all times be [kept and] maintained in 
 a clean and sanitary condition. The floor or other surface beneath 
 Vol. 1 — 8 
 
l 
 
 M 
 
 ;• I 
 
 226 Appendix I — Bills Submitted to the Legislature 
 
 aiid around the closet shall he maintained in good order and re,pair 
 and all the wood work shall he kept well painted. The enclosure 
 of each compartment and toilet room shall be kept free from 
 obscene writing or marking. Where the water supply to 
 water closets or urinals is liable to freeze, the water closet 
 compartment shall be properly heated so as to prevent freezing, or 
 the supply and flush pipes, cisterns and traps and valves shall be 
 effectively covered with wool felt or hair felt, or other adequate 
 covering. 
 
 [7. All water closets shall be constructed, lighted, ventilated, 
 arranged and maintained according to rules and regulations 
 adopted with reference thereto by the industrial board.] 
 
 § [9 2. J 276. Laundries. A shop, room or building where one 
 or more persons are employed in doing public laundry work by way 
 of trade or for purposes of gain is a factory within the meaning 
 of this chapter, and shall be subject to [the visitation and inspec- 
 tion of the commissioner of labor and] the provisions of this chap- 
 ter in the same manner as any other factory. No such public 
 laundry work shall be done in a room used for a sleeping or living 
 room. All such laundries shall be kept in a clean condition and 
 free from vermin and all impurities of an infectious or con- 
 tagious nature. This section shall not apply to any female engaged 
 in doing custom laundry work at her home for a regular family 
 trade. 
 
 § [95.] £77. Unclean factories. If the commissioner [of labor] 
 finds evidence of contagious disease in any factory he shall afiix 
 to any articles therein exposed to such contagion a label contain- 
 ing the word " unclean " and shall notify the local board of health, 
 who may disinfect such articles and thereupon remove such label 
 If the commissioner [of labor] finds that any [workroom or] 
 factory or workroom therein is foul, unclean, or unsanitary, he 
 may, after first making and filing in the public records of hia 
 office a written order stating the reasons therefor, affix to any ar- 
 ticles therein found a label containing the word ^* imclean." With 
 the exception of the local board of health, [N]no one but [the 
 commissioner of labor] an authorized representative of the de- 
 partm^ent shall remove any label so affixed ; and he may refuse to 
 remove it until such articles [shall have been] are removed from 
 such factory and cleaned, or until such factory or room [or rooms 
 shall have been] is cleaned or made sanitary. 
 
 Appendix I — Bills Submitted to the Legislature 
 
 227 
 
 § [98. Labor camps.] 278. Living quaHers for factory ern- 
 ployees. Every employer operating a factory, and furnishing to the 
 employees thereof any living quarters at any place outside the fac- 
 tory, either directly or through any third person by contract or 
 otherwise, shall maintain such living quarters [and every part 
 thereof] in a [thoroughly] sanitary condition. [The industrial 
 board shall have power to make rules and regulations to provide 
 for the sanitation of such living quarters. The commissioneT 
 of labor may enter and inspect any such living quarters.] 
 
 Note.— Last two sentences of old 8 98 covered by general provisions. 
 
 § [86.] 279. Ventilation, heat and humidity. 1. [The person 
 operating e]J5;very workroom in a factory shall he providw^ with 
 t in each workroom thereof] proper and sufficient means of 
 ventilation by natural or mechanical means or both, as may be 
 necessary, and there shall be maintaineci therein proper and 
 rofficient ventilation and proper d^rees of temperature and 
 humidity [in every workroom thereof] at all times during work- 
 ing hours. //, owing to the nature of the manufacturing process 
 carried on in a factory workroom, excessive heat be created therein, 
 there shall be provided, maintained and operated such special 
 means or appliances as may be required to reduce such excessive 
 
 heat. 
 
 2. AU grinding, polishing or buffing wheels used m the course 
 of the manufacture of articles of the baser metals shall be equipped 
 with proper hoods and pipes and such pipes shall be connected to 
 an exhaust fan of sufficient capacity and power to remove all 
 matter thrown off such wheels in the course of their use. Such 
 fan shall be kept running constantly while such grinding, polish- 
 ing or huffing wheels are in operation. In case of wetgnndmg 
 U is unnecessary to comply wUh this subdivision unless required 
 by the rules of the industrial board. All machinery creating dust 
 or impurities shall be equipped with proper hoods and pipes and 
 such pipes shall be connected to an exhaust fan of sufficient ca- 
 pacity and power to remove such dust or impurities; such fan 
 shall he kept running constantly while such machinery is in use 
 If in case of wood-working or grinding machinery, the industrial 
 hoard decides that such apparatus is unnecessary for the health and 
 welfare of the employees it may adopt rules excepting such ma- 
 chinery from the operation of this subdivision. 
 
 h 
 
» 
 
 228 
 
 Appendix I — Bills Si emitted to the Legislature 
 
 ||2]5. If dust, gases, fumes, vapors, fibers or other impurities 
 arc generated or released in the course of the business carried on 
 in any workroom of a factory, in quantities tending to injure the 
 health of the [operatives, the person operating the factory, 
 whether as owner or lessee of the whole or of a part of the build- 
 ing in which the same is situated, or otherwise, shall provide] 
 employees suction devices shall he provided that shall remove said 
 impurities from the workroom, at their point of origin where 
 practicable, by means of proper hoods connected to conduits and 
 exhaust fans of sufficient capacity to remove such impurities. 
 [, and sJiS^uch fans shall be kept running constantly while such 
 impurities are being generated or released. [If, owing to the 
 nature of the manufacturing process carried on in a factory work- 
 room, excessive heat be created therein the person or persons oper- 
 ating the factory as aforesaid shall provide, maintain, use and 
 operate such special means or appliances as may be required to 
 reduce such excessive heat.] 
 
 [334. The industrial board shall [have power to] make rules 
 [and regulations] for and fix standards of ventilation, tempera- 
 ture and humidity in factories and [may] shall prescribe the 
 special means, if any, required for removing impurities or for 
 reducing excessive heat, and the machinery, apparatus or appli- 
 ances to be used for any of said purposes, and the construction, 
 equipment, maintenance and operation thereof, in order to effectu- 
 ate the purposes of this section. 
 
 [4]5. If any requirement of this section or any rule [or regu- 
 lation] of the industrial board made under the provisions thereof 
 shall not be complied with, the commissioner [of labor] shall 
 issue [or cause to be issued] an order directing compliance tiiere- 
 with [by the person whose duty it is to comply therewith] withm 
 [thirty days after the service of such order] such time as he may 
 deem necessary, [Such person shall, in case of failure to comply 
 with the requirements of such order, forfeit to the people of the 
 state fifteen dollars for each day during which such failure shall 
 continue after the expiration of such thirty days, to be recovered 
 by the commissioner of labor. The liability to such penalty shall 
 be in addition to the liability of such person t» prosecution for a 
 misdemeanor as provided by section twelve hundred and seventy- 
 five of the penal law. 
 
 5 When the commissioner of labor shall issue, or cause to be 
 issued, an order specified in subdivision four hereof hJHe may in 
 
 
 ir 
 
 Appendix I — Bills Submitted to the Legislatitbe 229 
 
 Buch order require plans and specifications to be filed for any 
 machinery or apparatus to be provided or altered, pursuant to the 
 requirements of such order. In such case, before providing, or 
 making any change or alteration in any machinery or apparatus 
 for any of the purposes specified in this section, the person upon 
 whom such order is served shall file with the commissioner [of 
 labor] plans and specifications therefor, and shall obtain [the] 
 his approval of such plans and specifications [by the commissioner 
 of labor] before providing or making any change or alteration in 
 any such machinery or apparatus. 
 
 Note.— All except sub. 2 taken from old S 8«. Sub. 2 taken from old § 81, 
 lub. 2, with added power to industrial board to exempt grinding machines. 
 
 § [85.] ^80. Size of rooms. No more [employees] persons 
 shall be [required or permitted to work] employed in a room in a 
 factory [between the hours of six o'clock in the morning and six 
 o'clock in the evening] than will allow each [of such employees, 
 not less than] person employed between the hours of six o'clock 
 in the morning and six o'clock in the evening two hundred and 
 fifty cubic feet of air space; [and,] nor unless by a written per- 
 mit of the commissioner [of labor, not less] than will allow four 
 hundred cubic feet for each [employee, so] person employed be- 
 tween the hoars of six o'clock in the evening and six o'clock in the 
 morning. [, provided 8]<S'uch room [is] shall he lighted by eleo 
 tricity [at all times during such hours, while] whenever persona 
 are employed therein between the hours of six o'clock in the even- 
 ing and six o'clock in the morning and artificial light is necessary, 
 
 § S81. Illumination. Every workroom in a factory shall he 
 properly and adequately lighted during working hours. Artificial 
 Uluminants shall he installed, arranged and used so that the light 
 furnished will at all times he adequate for the work carried on 
 therein, and so as to prevent unnecessary strain on the vision or 
 glare in the eyes of the workers. 
 
 Note. — Taken from old f 81, tub. 4. 
 
 TITLE IV. FOUNDRIES. 
 
 § £97. Brass, iron and steel f] 285. i^oundries. [1.] Foundries 
 shall [be subject] conform to all the provisions of this chapter 
 relating to factories[.] and also to the following requirements: 
 
 [2]i. All entrances [to foundries] shall be so constructed and 
 maintained as to minimize drafts, and all windows [therein] shall 
 be maintained in proper condition and repair. 
 
Ifl 
 
 2S0 Appendix I — Bills Submitted to the Leoislatubb 
 
 [3J^. All gangways [in foundriesj shall be constructed and 
 maintained of sufficient width to make the use thereof by em- 
 ployees reasonably safe.|[ ; dJDuring the progress of casting such 
 gangways shall not be obstructed in any manner. 
 
 [4]5. Smoke, steam and gases generated in foundries shall be 
 effectively removed therefrom, in accordance with such rules [and 
 regulations] as may be adopted with reference thereto by the in- 
 dustrial board, and whenever required by the [regulationsj rules 
 of such board, exhaust fans of sufficient capacity and power, prop- 
 erly equipped with ducts and hoods, shall be provided and oper- 
 ated to remove such smoke, steam and gases. The milling and 
 cleaning of castings, and milling of cupola cinders, shall be done 
 under such conditions to be prescribed by the rules [and regula- 
 tionsj of the industrial board as will adequately protect the 
 persons employed in foundries from the dust arising during the 
 process. 
 
 [5]4. All foundries shall be properly and thoroughly lighted 
 during working hours and in cold weather proper and sufficient 
 heat shall be provided and maintained therein. 
 
 5. The use of heaters discharging smoke or gas into workrooms 
 is prohibited except that open fires may he used for drying pur- 
 poses only, under conditions prescribed hy the industrial hoard in 
 its rules. [In all foundries s] ^Suitable provision [s] shall 
 be made and maintained for drying the working clothes of [pei> 
 sons employed therein] employees, 
 
 [6. In every foundry in which J 6. Where ten or more persons 
 are employed [or engaged at labor,] there shall be provided and 
 maintained [for the use of employees therein] suitable and con- 
 venient washrooms [of sufficient capacity] adequately equipped 
 with hot and cold water service. [; s]>S^uch washrooms shall be kept 
 clean and sanitary and shall be properly heated during cold 
 weather. In every such foundry lockers shall be provided for 
 the safe-keeping of employees' clothing[. In every foundry in 
 which more than ten persons are employed or engaged at labor 
 where] and if outside water closets or privy accommodations 
 are permitted by the commissioner [of labor to remain outside 
 of the factory under the provisions of section eighty-eight of 
 this chapter,] the passageway leading from the foundry to the 
 [said] water-closets or privy accommodations shall be so pro- 
 tected and constructed that the employees in passing thereto or 
 therefrom shall not be exposed to outdoor atmosphere and such 
 
 I 
 
 Appendix I — Bills Submitted to the Legislature 231 
 
 water-closets or privy accommodations shall be properly heated 
 during culd weather. 
 
 7. The flasks, molding machines, ladles, cranes and apparatus 
 for transporting molten metal [in foundries] shall be main- 
 tained in proper condition and repair, and any such tools or imple- 
 ments that are defective shall not be used until properly repaired. 
 
 8, There shall be [in every foundry,] available for immediate 
 use, an ample supply of lime water, olive oil, vaseline, bandages 
 and absorbent cotton, to meet the needs of workmen in case of 
 burns or other accidents ; but any other equally efficacious remedy 
 for burns may be substituted for those herein prescribed. 
 
 TITLE V. DUTIES OF OWNERS AND OCCUPIERS. 
 
 § [94. Tenant-factories] 286. Duties of owners and occupiers. 
 1. Except as in this article otherwise provided the person operat- 
 ing a factory whether as owner or lessee of the whole or of a part 
 of the building in which the same is situated or otherwise, shall 
 he responsible for the observance of the provisions of this article, 
 anything in any lease or agreement to the contrary notwith- 
 standing. 
 
 2. The term " owner " when used in this article means the 
 owner of the freehold of the premises, or the lessee of the whole 
 thereof, or the agent in charge of the property. 
 
 S. [A tenant-factory within the meaning of the term as] The 
 term " tenant- factory building " when used in this [chapter is] 
 section means a building, separate parts of which are occupied and 
 used by different persons, [companies or corporations,] and one 
 or more of which parts is [so] used as [to constitute in law] a 
 factory. 
 
 4. The owner[,] of a tenant-factory building, whether or not 
 he is also one of the occupants, instead of the respective [lessees 
 or] tenants, shall be responsible for the observance [and punish- 
 able for the nonobservance] of the following provisions of this 
 article, anything in any lease to the contrary notwithstanding[, — 
 namely, the provisions of sections seventy-nine, eighty, eighty-two, 
 eighty-three, eighty-six, ninety and ninety-one, and the provisions 
 of section eighty-one with respect, to the lighting of halls and 
 stairways; except]: 
 
 Section 235. Elevators and hoistways. 
 
 250. Construction of buildings erected after October first, 
 nineteen hundred and thirteen. 
 
I 
 
 4 
 
 t 
 
 
 232 Appendix I — Bills Submitted to the Legislature 
 
 £51, Requirements for buildings erected before October 
 
 first, nineteen hundred and thirteen, 
 252. Additional requirements common to all buildings, 
 
 except subdivisions one, three and five thereof. 
 25S, Fire escapes erected after October first, nineteen 
 
 hundred and thirteen. 
 254, ^ire escapes erected before October first, nineteen 
 
 hundred and thirteen. 
 258, Fire alarm signal systems. 
 260, Automatic sprinklers, 
 
 272, Drinking water, except subdivision two thereof. 
 
 273, Wash rooms, except subdivision two thereof. 
 275. Water closets, except subdivision seven thereof. 
 
 Except that the [lessees orj tenants also shall be responsible for 
 the observance [and punishable for the nonobsen-ancej of the 
 provisions of sections [seventy-nine, eighty, eighty-six and ninety- 
 one] two hundred and thirty-five, two hundred and fifty-one, 
 two hundred and fifty-two, two hundred and fifty-three, two 
 hundred and fifty-four, two hundred and fifty-eight, two hundred 
 and seventy-two, two hundred and seventy-three and two hundred 
 and seventy-five, within their respective holdings. The owner 
 shall also be responsible for all other provisions of this article in 
 so far as they affect those portions of the tenant-factory building 
 that are used in common or by more than one occupant. [The 
 owner of every tenant-factory shall provide each separate factory 
 therein with water-closets in accordance with the provisions of 
 section eighty-eight, and with proper and sufficient water and 
 plumbing pipes and a proper and sufficient supply of water to 
 enable the tenant or lessee thereof to comply with all the provi- 
 sions of said section. But as an alternative to providing water- 
 closets within each factory as aforesaid, the owner may provide in 
 the public hallways or other parts of the premises used in com- 
 mon, where they will be at all times readily and conveniently 
 accessible to all persons employed on the premises not provided for 
 in accordance with section eighty-eight, separate water-closets for 
 each sex, of sufficient numbers to accommodate all such persons. 
 Such owner shall keep all waterKilosets located as last specified at 
 all times provided with proper fastenings, and properly screonod, 
 lighted, ventilated, clean, sanitary and free from all obscene writ- 
 ing or marking. Outdoor water-closets shall only be permitted 
 where the commissioner of labor shall decide that they are ncccs- 
 
 
 
 P 
 
 { 
 
 Appendix I — Bills Submitted to the Legislature 233 
 
 sary or preferable, and they shall then be provided in all respects 
 in accordance with his directions. The owner of every tenant- 
 factory shall keep the entire building well drained and the plumb- 
 ing thereof in a clean and sanitary condition ; and shall keep tho 
 cellar, basement, yards, areaways, vacant rooms and spaces, and 
 all parts and places used in common in a clean, sanitary and safe 
 condition, and shall keep such parts thereof as may reasonably 
 be required by the commissioner of labor properly lighted at all 
 hours or times when said building is in use for factory purposes. 
 The term " owner " as used in this article shall be construed to 
 mean the owner or owners of the freehold of the premises, or the 
 lessee or joint lessees of the whole thereof, or his, her or their 
 agent in charge of the property.] 
 
 6. The [lessee or] tenant of any part of a tenant-factory huUdr 
 ing shall permit the owner, his agents and [servants,] employees 
 to enter and remain upon the demised premises whenever and so 
 long as may be necessary to comply with the provisions of law, the 
 responsibility for which is by this section placed upon the owner ; 
 and his failure or refusal so to do shall be a cause for dispossessing 
 said tenant by summary proceedings to recover possession of real 
 property, as provided in the code of civil procedure. [And 
 w] VFhenever by the terms of a lease any [lessee or] tenant [shall 
 have] has agreed to comply with or carry out any of such provis- 
 ions, his failure or refusal so to do shall be a cause for dispossessing 
 said tenant by summary proceedings as aforesaid. [Except as in 
 this article otherwise provided the person or persons, company or 
 corporation conducting or operating a factory whether as owner 
 or lessee of the whole or of a part of the building in which the same 
 is situated or otherwise, shall be responsible for the observance and 
 punishable for the nonobservance of the provisions of this article, 
 anything in any lease or agreement to the contrary notwithstand- 
 
 [§ 96. Definition of " custodian." The word " custodian " as 
 used in this article shall include any person, organization or so- 
 ciety having tho custody of a child.] 
 
 Note. — Important changes. All clearly indicated in text. 
 
 ARTICLE [8] 11. 
 
 bakeries and rCONFECTIONERIESi MANUFACTUBB OF FOOD PR0DVCT8. 
 
 [Section 110. Enforcement of article. 
 
 111. Definitions. 
 
 112. General requirements. 
 
11 
 
 li 
 
 234 Appendix I — Bills Submitted to the Legislatuee 
 
 113. Maintenance. 
 
 113-a. Prohibited employment of diseased bakers. 
 
 114. Inspection of bakeries. 
 
 115. Sanitary certificates. 
 
 116. Prohibition of future cellar bakeries. 
 
 117. Sanitary code for bakeries and confectioneries.]! 
 Section 295. Definitions. 
 
 296. Construction. 
 
 297. Maintenance and operation. 
 
 298. Prohibited employment of diseased bakers. 
 
 299. Respective duties of owners and occupiers, 
 
 500. Manufacture of other food products. 
 
 501. Sanitary certificates. 
 $02. Cellar bakeries. 
 
 SOS. Enforcement of article. 
 
 § [111 J 296. Definitions. The term " boArery " when used in 
 this chapter means [AllJ any buildingj[s], room[s] or placets] 
 used or occupied for the purpose of making, preparing or baking 
 bread, biscuits, pastry, cakes, doughnuts, crullers, noodles, maca- 
 roni or spaghetti to be sold or consumed on or off the premises, 
 except [kitchens in] hotels, restaurants, boarding houses or pri- 
 vate residences wherein [suchj all such products [are prepared 
 to be used and] are used exclusively on the premises ;[, shall for 
 the purpose of this article be deemed bakeries. The commis- 
 sioner of labor shall have the same powers] and with respect to 
 the provisions of this cliapter relating to machinery, safety de- 
 vices and sanitary conditions includes [in] hotel bakeries [that 
 he has with respect thereto in bakeries as defined by this chapter. 
 In cities of the first class the health department's jurisdiction 
 over hotel bakeries shall not extend to the machinery safety de- 
 vices and hours of labor of employees therein]. 
 
 The term " cellar " when used in this article [shall] means a 
 room or a part of a building which is more than one-half its height 
 below the level of the curb or ground ouiside of or adjoining the 
 [building (excluding areaways)] same. 
 
 The term "owner" [as] when used in this article ^shall be 
 construed to] means the owner [or owners] of the freehold of 
 the premises, or the lessee [or joint lessees] of the whole thereof, 
 or [his, her or] the[ir] agent in charge of the property. 
 
 The term " occupier *' when used in this article [shall be con- 
 strued to] meaiw the person[, firm or corporation] in actual pos- 
 
 Appendix I — Bills Submitted to the Legislatuee 235 
 
 session of the premises, who either himself makes, prepares or 
 bakes any of the articles mentioned in this section, or [hires or] 
 employs others to do it for him. 
 
 Bakeries are factories within the meaning of this chapter, and 
 subject to all the provisions of article [six] ten hereof. 
 
 Note.— The provision of old | 111 at the end of definition of "bakery," 
 relating to enforcement, covered by new § 303. Definition of " cellar " altered 
 to conform with the provision now in old § 100, sub. 6, and the decision in 
 People V. Butler, 125 App. Div. 384, interpreting the words ** or ground 
 outside of or adjoining the same." 
 
 § [112] 296. [General requirements.] 'Construction. [All 
 bakeries.] 1. Every bakery shall be provided with proper and 
 sufficient drain[age]s, [and with suitable] sinks [supplied with], 
 clean running water [for the purpose of washing and keeping 
 clean the utensils and apparatus used therein], and properly venti- 
 lated water-closets; and the water-closets shall be apart from and 
 not open directly into the bakeroom or rooms where the raw ma- 
 terial or manufactured product thereof is stored or sold. [All 
 bakeries] 
 
 2. Every bakery shall be provided with [proper and] adequate 
 windows. [, and if required by the rules and regulations of the 
 industrial board, with v]Fentilating hoods and pipes over ovens 
 and ashpits, or [with] other mechanical means [, to so ventilate 
 same as] of ventilation shall also be provided if necessary, to 
 render harmless to the persons working therein any steam, gases, 
 vapors, dust, excessive heat or [any] impurities that may be gen- 
 erated or released by or in the process of making, preparing or 
 baking [in said bakeries]. 
 
 5. Every part of a bakery shall be at least eight feet in height 
 measured from the surface of the finished floor to the under side 
 of the ceiling [and shall have a flooring of even, smooth cement, 
 or of tiles laid in cement, or a wooden floor, so laid and con- 
 structed as to be free from cracks, holes and interstices], except 
 that any cellar or basement of less [than eight feet in] height 
 which was used for a bakery on the second day of May, eighteen 
 hundred and ninety-five, need not be altered to conform to this 
 provision [with respect to height ;]. 
 
 ^, The flooring shall be of smooth, even cement, tiles laid in 
 cement, or wood, and shall be free from cracks, holes and inter- 
 stices, and the side walls and ceilings shall be [either plastered, 
 ceiled or wainscoted.] properly constructed and maintained. 
 [Every bakery shall be provided with a sufiicient number of water- 
 
236 Appendix I — Bills Submitted to the Legislature 
 
 closets, and such water-closets shall be separate and apart from 
 and unconnected with the bakeroom or rooms where food products 
 are stored or sold.] 
 
 § [113J S97, Maintenance and operation, 1. All floors, walls, 
 stairs, shelves, furniture, utensils, yards, areaways[,] and plumb- 
 ing [drains and sewers], in or in connection with bakeries, or in 
 bakery water-closets and wash-rooms, or rooms where raw mate- 
 rial[s are stored,] or [in rooms where] the manufactured product 
 is stored or sold, shall [at all times] be kept in good repair, [and 
 maintained] in a clean and sanitary condition, and free from all 
 [kinds of] vermin. All furniture, troughs and utensils shall he 
 so constructed and arranged as not to prevent cleaning them or 
 any part of the hahcry. All interior woodwork, walls and ceilings 
 shall be hcpt properly painted [or limewashed] except when 
 otherwise properly finished, [once every three months, where so 
 required by the commissioner of labor. Proper s] 
 
 2, /S^anitary receptacles shall be provided and used for [stor- 
 ing] coal, ashes, refuse and garbage[.], [Receptacles for refuse 
 and garbage shall have their] and the contents of the receptacles 
 for refuse and garbage shall he removed from bakeries daily and 
 tmch receptacles shall be maintained in a clean and sanitary 
 condition at all times[; the use of tobacco in any form in a 
 bakery or room where raw material or manufactured product 
 of such bakery is stored is prohibited. No person shall 
 sleep, or be permitted, allowed or suffered to sleep in a 
 bakery, or in any room where raw material or the manu- 
 factured product of such bakery is stored or sold, and no 
 domestic animals or birds, except cats shall be allowed to 
 remain in any such rooms]. Mechanical means of ventilation, 
 when provided, shall be effectively used and operated. Windows, 
 doors and other openings shall be provided with proper screens. 
 [All employees, while engaged in the manufacture and handling 
 of bread shall wear slippers or shoes and suits of washable material 
 which shall be used for that purpose only and such garments shall 
 be kept clean at all times.] Lockers shall be provided for the 
 street clothes of the employees. [The furniture, troughs and 
 utensils shall be so arranged and constructed as not to prevent their 
 cleaning or the cleaning of every part of the bakery.] 
 
 S. No person shall use or he p&rmitted to use tohacco in any 
 form in a hakery or room where the raw material or manufactured 
 product of such hakery is stored or sold. 
 
 Appendix I — Bills Submitted to the Leoislatuee 237 
 
 ^. No person sliall sleep or he permitted to sleep and no do- 
 mestic animals, except cats, and no hirds shall he allowed to re- 
 main in a hakery or room where the raw material or manufactured 
 product of such hakery is stored or sold, 
 
 5, Every person, while engaged in the manufacture and hand- 
 ling of hread or other products of the hakery, shall wear a clean 
 suit, which shall he made of washahle material and used for thai 
 work only, and clean shoes or slippers. 
 
 Note. — No change in substance except sub. 6, in which words "or other 
 products of the bakery " are new. 
 
 § [113-a.] 298. Prohibited employment of diseased bakers. 
 No person who has any communicable disease shall work or be 
 permitted to work in a bakery. Whenever required by a medical 
 inspector of the department [of labor], any person [em- 
 ployed] working in a bakery shall submit to a physical examina- 
 tion by such inspector. No person who refuses to submit to such 
 examination shall during the period of such refusal work or be 
 permitted to work in a[ny] bakery. 
 
 [§ 114. Inspection of bakeries. It shall be the duty of t] 
 § 299. Respective duties of owners and occupiers. The owner [of 
 a building wherein a bakery is located to] shall comply with 
 [all the provisions of] section [one hundred and twelve of this 
 article,] two hundred and ninety-six and [of] the occupier [to] 
 shall comply with [all the provisions of] sections [one 
 hundred and thirteen of this article,] two hundred and 
 ninety-seven and two hundred and ninety-eight unless by the 
 terms of a valid lease [the responsibility for compliance 
 therewith has been undertaken by] the other party [to 
 the lease] thereto has undertaken to com^ply with any provision 
 of such sections, and a duplicate original lease, containing such 
 obligation, [shall] ha[ve]5 been previously filed in the office 
 of the commissioner [of labor], in which event the party as- 
 suming the responsibility shall be responsible for [such] com- 
 pliance. [The commissioner of labor may, in his discretion, 
 apply any or all of the provisions of this article to a factory lo- 
 cated in a cellar wherein any food product is manufactured, pro- 
 vided that basements or cellars used as confectionery or ice-cream 
 manufacturing shops shall not be required to conform to the re- 
 quirement as to height of rooms. Such establishments shall be 
 not less than seven feet in height, except that any cellar or base- 
 ment so used before October first, nineteen hundred and six, which 
 
238 Appendix I — Bills Submitted to the Leoislatuee 
 
 . t 
 
 ' I 
 
 is more than six feet in height need not he altered to conform to 
 this provision. 
 
 If on inspection the commissioner of labor find a bakery or 
 any part thereof to be so unclean, ill-drained or ill-ventilated as 
 to be unsanitary, he may, after not less than forty-eight hours' 
 notice in writing, to be served by affixing the notice on the inside 
 of the main entrance door of said bakery, order the person found 
 in charge thereof immediately to cease operating it until it shall 
 be properly cleaned, drained or ventilated. If such bakery be 
 thereupon continued in operation or be thereafter operated before 
 it be properly cleaned, drained or ventilated, the commissioner of 
 labor may, sdter first making and filing in the public records of 
 his office a written order stating the reasons therefor, at once and 
 without further notice fasten up and seal the oven or other cook- 
 ing apparatus of said bakery, and affix to all materials, recep- 
 tacles, tools and instruments found therein, labels or conspicuous 
 signs bearing the word " unclean." No one but the commissioner 
 of labor shall remove any such seal, label or sign, and he may re- 
 fuse to remove it until such bakery be properly cleaned, drained 
 or ventilated.] 
 
 § SOO. Manufacture of other food products, 1. Every fac- 
 tory wherein any food product is manufactured shall he kept in 
 a sanitary condition and properly lighted and ventilated, and the 
 food product prepared therein shall he protected from contamina- 
 tion, 
 
 2, Every hasement or cellar used as a confectionery or ice-cream 
 manufacturing shop shall he not less than seven feet in height 
 measured from the surface of the finished floor to the underside 
 of the ceiling, except that any cellar or hasement which is more 
 than six feet in height and was so used hefore the first day of 
 etcher, nineteen hundred and six, need not he altered to conform 
 
 to this provision, 
 
 Xote. — Sub. 1 is a revision of the first sentence of | 117; sub. 2, a revision 
 of the second and third sentences of old S 114. 
 
 § [115] SOL Sanitary certificates. 1. No person^, firm or 
 corporation] shall establish^, maintain] or operate a bakery with- 
 out [obtaining] a sanitary certificate [from the department of 
 labor]. The certificate shall he kept posted in a conspicuous place 
 in the hakery. 
 
 2. Application for [such] a certificate shall be made to the 
 commiasioner [of labor] by the occupier [of the bakery] or [by] 
 
 ) 
 
 Appendix I — Bills Submitted to the Legislatuke 239 
 
 the person [, firm or corporation] desiring to establish or [con- 
 duct] operate [such] the bakery. The application [for a sani- 
 tary certificate] shall be made [in such form and shall contain 
 such information as the commissioner of labon may require. 
 Blank applications for such certificate shall be] upon hlanks pre- 
 pared and furnished by the commissioner [of labor]. 
 
 [3. Upon the receipt of such application for a sanitary certifi- 
 cate,] 
 
 3. Before issuing a certificate the commissioner [of labor] shall 
 [cause an] inspection to be made of] the building, room or 
 place described in the application. If the bakery conforms to the 
 provisions of articles [six and eight] ten and eleven [of 
 this chapter] and the rules [and regulations] of the industrial 
 board, or in any city of the first class if the bakery conforms to 
 the provisions of article [eight] eleven [of this chapter], and 
 [to] the sanitary code and the rules [and regulations] of the de- 
 partment of health of any such city, the commissioner [of labor] 
 shall issue a sanitary certificate for such bakery[. Such certifi- 
 cate shall be] for a period of one year and shall [be] renew[ed] 
 it annually unless [by the commissioner of labor if] upon a re- 
 inspection of the bakery it is found not tc comply with the afore- 
 said provisions and [regulations] rules. [Every certificate 
 granted under the provisions of this chapter shall be posted in a 
 conspicuous place in the bakery for which such certificate is 
 issued.] 
 
 [3. Such] i. The certificate may be revoked or suspended [at 
 any time] by the commissioner [of labor] if the health of the 
 community or of the employees of the bakery requires such ac- 
 tion, or if an order of the [department issued under the pro- 
 visions of this chapter be] commissioner is not complied with 
 within fifteen days after the service thereof upon the person[, 
 firm or corporation] charged with the duty of compl[ying with 
 such order] tance. The time for [such] compliance may be ex- 
 tended by the commissioner [of labor] for good cause shown, but 
 a statement of the reasons for such extension shall be filed in [the 
 office of the department of labor as part of] the public records 
 [thereof] of his office, [Nothing contained in this subdivision 
 shall be construed to limit in any way the power of the commis- 
 sioner of labor to seal up an unsanitary bakery as provided in sec- 
 tion one hundred and fourteen of this chapter.] 
 
mm 
 
 I 
 
 ii 
 
 ; J 
 
 III 
 
 240 Appendix I — Bills Submitted to the Legislatube 
 
 Ji] 6, If an application for a [sanitaryj certificate fhoj 
 is denied or if [suchj a certificate [bej is revoked or suspended 
 by the commissioner [of labor J, he shall file in [the oflBce of the 
 department of labor as part of] the public records of his office 
 [thereof], a statement [in writing setting forth] in detail of the 
 reasons for [such denial or revocation.] his action, 
 
 [5. Applications for sanitary certificates for existing bakeries 
 shall be made within four months after this act takes effect, and 
 no such bakery shall be conducted or operated without a sanitary 
 certificate from the department of labor after the first day of 
 January, nineteen hundred and fourteen. In the case of bakeries 
 hereafter established, the application for a sanitary certificate 
 shall be made within ten days after such bakery shall commence 
 business, and no such bakery shall be conducted or operated with- 
 out a sanitary certificate for more than thirty days after com- 
 mencing business.] 
 
 6. If a bakery has no [sanitary] certificate as herein re- 
 quired or if such certificate has been revoked or suspended^ the 
 commissioner [of labor shall] may, after first making and filing 
 in the public records of his office an [written] order stating the 
 reasons therefor, [at once and] without further notice fasten up 
 and seal the oven or other cooking apparatus of said bakery, and 
 may affix to all materials and uiensils in the bakery conspicuous 
 labels or signs bearing the word " unclean," No one but the com- 
 missioner of labor or his duly authorized representative shall 
 remove or deface any such seal, label or sign, and he shall not re- 
 move [same] it until a [sanitary] certificate [has been] is 
 issued or reissued to [such] the bakery. 
 
 § [116] 302, [Prohibition of future c]Cellar bakeries, i. 
 No bakery shall hereafter be located in a cellar, [and a sanitary 
 certificate shall not be issued for any bakery so located, unless 
 such bakery] which does not conform to all the provisions of this 
 section, unless a certificate of exemption has been issued to the 
 owner under the provisions of the law in effect on or before the 
 twenty-eighth day of February, nineteen hundred and fourteen. 
 
 2, The cellar shall be at least ten feet in height measured from 
 the surface of the finished floor to the under side of the ceiling 
 [, and i]. Ii the bakery is located [or intended to be located] 
 entirely in the front part of the building, the ceiling of the bakery 
 shall be not less than [in every part at least] four feet six inches 
 above the curb level of the street in front of the building, or if 
 
 I m 
 
 M 
 
 f 
 
 \ 
 
 i 
 
 { 
 
 AppEAfDix I — Bills Submitted to the Legislatuee 241 
 
 [such bakery is located or intended to be] located entirely in the 
 rear part of the building or [to] extending from the front to the 
 rear, the ceiling [of the bakery] shall be not less than one foot 
 above the curb level of the street in front of the building and the 
 bakery shall open upon a yard or courts which shall extend at 
 least six inches below the floor level of the bakery. 
 
 S. [, nor unless proper and a] Adequate provision shall be made 
 for the lighting and ventilation of such bakery and for the proper 
 construction of the floor, walls and ceiling thereof, and the bakery 
 shall be constructed in accord with plans and specifications [fox 
 the construction and establishment of such bakery], prepared in 
 such form [and covering such matters] as the commissioner [of 
 labor] may require, [shall] which have been [first] submitted 
 to and approved by the commissioner [of labor]. [This prohi- 
 bition shall not apply to a cellar used and operated as a bakery 
 at any time within one year prior to the date of the passage of 
 this act, provided that satisfactory proof of its use as a bakery as 
 herein specified be furnished to the commissioner of labor in such 
 form as he may require within six months after this act shall take 
 effect, nor shall it apply to the cellar of a building in the course 
 of construction on the ninth day of May, nineteen himdred and 
 thirteen, nor to the cellar of a building the construction of which 
 was commenced after the first day of January, nineteen hundred 
 and thirteen, and completed on or before the ninth day of May, 
 nineteen himdred and thirteen, provided that such cellar be used 
 and operated as a bakery at any time prior to the first day of 
 January, nineteen hundred and fourteen, and that satisfactory 
 proof of the time of the construction of such building and of the 
 use of the cellar as a bakery as herein specified be furnished to 
 the commissioner of labor, in such form as he may require, on or 
 before the twenty-eighth day of February, nineteen hundred and 
 fourteen. Upon receipt of such proof the commissioner of labor 
 shall issue to the owner of the building in which such cellar is 
 located, a certificate of exemption.] 
 
 U, This section shall not prevent the [local] health [authori- 
 ties] departments in [any] cit[y]tes of the first class from 
 exercising any power of r^ulation now or hereafter vested in 
 them. 
 
 [§ 117. Sanitary code for bakeries and confectioneries. All 
 factories wherein any food product is manufactured shall be kept 
 in a thoroughly sanitary condition and shall be properly lighted 
 
 / 
 
242 Appendix I — Bills Submitted to the Legislature 
 
 and ventilated, and all necessary methods shall be employed to 
 protect the food product prepared therein from contamination. 
 The industrial board may adopt rules and regulations for carry- 
 ing into effect the provisions of this article. Such rules and regu- 
 lations shall be known as the sanitary code for bakeries and con- 
 fectioneries and shall not apply to cities of the first class.] 
 
 § [11^1 ^^^' Enforcement of article. [In every city of the 
 first class the health department of such city shall have exclusive 
 jurisdiction to enforce the provisions of this article. In the ap- 
 plication of any provision of this article to any city of the first 
 class, the words " commissioner of labor " or " department of 
 labor " shall be understood to mean the health department of such 
 city.] 1, The commissioner shall, except in cities of the first clasSt 
 enforce the provisions of this article. 
 
 2, In cities of the first class, the health departments thereof 
 shall enforce the provisions of this article, and for that purpose 
 shall possess all powers conferred by this chapter upon the com- 
 missioner, the industrial hoard, or any officer of the department 
 of labor, 
 
 S. The rules of the industrial board made for the purpose of 
 carrying into effect the provisions of this article shall not apply 
 in cities of the first class. 
 
 ARTICLE 12. 
 
 TENEMEyT-MADE ARTICLES. 
 
 Section 310. Definitions. 
 
 Sll. Article not to apply to certain shops in ienemenU. 
 
 312. Tenement house license. 
 
 313. Manufacturing of certain articles in tenements pro- 
 
 hibited. 
 31 Jf. Work in cellars prohibited. 
 
 315. Prohibition of manufacturing by persons other than 
 
 members of the family. 
 
 316. Cleanliness and ventilation. 
 
 317. Articles not to be manufactured in tenements in 
 
 which there is disease. 
 
 318. Articles unlawfully manufactured not to be sold, 
 
 319. Articles unlawfully manufactured to be labeled. 
 
 320. Register of persons to whom work is given; identify^ 
 
 cation label. 
 
 321. Manufacturing in unclean tenements prohibited. 
 
 li 
 
 Appendix I — Bills Submitted to the Legislature 243 
 
 S22. Owners of tenement hou^ses not to permit the unlaw- 
 ful use thereof. 
 823. Powers and duties of boards of healtK 
 32 Jf. Issuance of tenement house licenses. 
 
 325. Dressmakers* permit. 
 
 326. P^ermit to give out goods to a tenement house. 
 
 § 310. Definitions. The term " tenement hou^se," when used 
 tn this article, means any house or building or portion thereof, 
 which is rented, leased, let or hired out, to be occupied, 
 or is occupied in whole or in part as the home or residence of 
 three families or more living independently of each other, and 
 doing their cooking upon the premises, and includes apartment 
 houses, fiat houses and all other houses so occupied, and includes 
 any building which is on the same lot with any such tenement 
 house and is used for any purpose specified in section three hun- 
 dred and twelve. 
 
 The terms " manufacture '* and " manufactured '* when used in 
 this article include preparing, altering, repairing or finishing in 
 whole or part. 
 
 ^ Note. — Definition of " tenement house " taken from old § 2. Definition of 
 ** manufacture " and " manufactured " new, to obviate the necessity of repeti- 
 tion throughout the article. 
 
 % 311. Article not to apply to certain shops in tenements. This 
 article does not apply to a tenemerd house if the only manufac- 
 turing thereirv is carried on in a shop which is on the main or 
 ground floor, has a separate entrance to the street, is unconnected 
 with any living rooms, is entirely separated from the rest of the 
 building by solid partitions, and is not used for sleeping or cook- 
 ing. 
 
 Note. — Takes the place of the last sentence of old % 100, sub. 6. 
 
 § 312. Tenement house license. No room or apartment of a 
 tenement house shall be used for the purpose of manufacturing 
 therein any articles except collars, cuffs, shirts or shirtwaists made 
 of cotton or linen fahrics and laundered before being offered for 
 sale and except articles for the exclusive use of the persons living 
 in such room or apartment, unless a license for the tenement house 
 has been issued by the commissioner under section three hundred 
 and twenty-four. 
 
 Note. — Takes the place of old § 100, sub. 1. 
 
It 
 
 ; 1 
 
 244 Appendix I — Bills Submitted to the Legislature 
 
 § SI 3, Manufacturing of certain articles in tenements pro- 
 hibited. No article of food, no dolls or dolls' clothing and no 
 article of children's or infants' wearing apparel shall he manu- 
 factured for a factory, either directly or through one or more 
 contractors or other third persons, in any apartment of a tenement 
 house if any part of such apartment is used for {iving purposes. 
 
 Note.— Takea the place of old S 104. 
 
 § Sl^. Work in cellars prohibited. No articles shall he manu- 
 factured in a cellar of a tenement house which is more than one- 
 half of its height below the level of the curb or ground outside of 
 or adjoining the same, unless a certificate of exemption has been 
 issued under chapter four hundred and sixty-three and chapter 
 seven hundred and ninety-seven of the laws of nineteen hundred 
 and thirteen. 
 
 Note.— Takes the place of the second sentence of old { 100, sub. «. 
 
 § S15» Prohibition of nuinufacturing by persons other than 
 members of the family. No person shall manufacture any articles 
 in any room or apartment of a licensed tenement house unless he 
 is a member of a family living in such room or apartment and 
 himself resides therein. This section does not apply to shops of 
 dressmakers dealing solely in the cv>stoms trade direct to the 
 consumer, if the whole number of persons living or working 
 therein does not exceed one to each one thousand cubic feet of air 
 space, if no children under fourteen years of age live or work 
 therein and if a permit for the employment of such persons has 
 been issued under section three hundred and twenty-five. 
 
 Note. — Takes the place of the last half of the fourth sentence of old i 100, 
 sub. 6. Change in substance: The section does not apply to dressmakers' shops 
 on any floor instead of only on the ground or second floor as in old law. 
 
 § SI 6, Cleanliness and ventUation. Every licensed tenement 
 house and all parts thereof shall be kept in a clean and sanitary 
 condition and every room in which articles are manufactured shall 
 be properly lighted and ventilated and shall contain at least five 
 hundred cubic feet of air space for every person working therein. 
 All articles manufactured therein shall be kept clean and free 
 from vermin and all matter of an infectious or contagious nature. 
 
 Note.— Composed of the first sentence of old I 100, sub. 5, and the fourth 
 sentence of f 100, sub. 6. 
 
 
 I 
 
 
 Appendix I — Bills Submitted to the Legislatubb 245 
 
 § S17. Articles not to he manufactured in tenements in which 
 there is disease. No articles shall be manufactured in any room or 
 apartment of tenement house in which room or apartment there ts 
 or has been any infectious, contagious or communicable disease 
 untU such time as the local department or hoard of health certifies 
 to the commissioner that such disease has terminated, and 
 that the room or apartment has been properly disinfected, if disin- 
 fection after such disease is required by the local ordinances, or 
 by the rules or regulations of such department or hoard. 
 
 Note.- Taken from old | 100, sub. 6. 
 
 S S18, Articles unlawfully manufactured not to he sold. No 
 person shall sell or expose for sale any articles manufactured in 
 a tenement house contrary to the provisions of this chapter. 
 
 Note. — Takes the place of the first sentence of old I 102. 
 
 § S19. Articles unlawfully manufactured to he labeled. If the 
 commissioner finds any articles manufactured in a tenement house 
 contrary to the provisions of this article or of section one hundred 
 and sixty of this chapter, he shall affix to such articles a label con> 
 taining the words " tenement made," If the label is affixed because 
 of the existence of any disease in such tenement house, he shall im- 
 mediately notify the local hoard of health which shall disinfect 
 such articles and after disinfection remove the label. If the label 
 is affixed for the violation of any provision other than that relat- 
 ing to disease, the commissioner may seize and destroy such 
 articles unless the owner thereof shall remove the cause of the 
 violation within thirty days after notice of such seizure is given 
 hy the commissioner. 
 
 Note.— Takes the place of old | 102, except the first sentence and of the 
 first two sentences of old { 103. 
 
 S S20. Register of persons to whom work is given: Identificor 
 tion label. Every employer conducting a factory from which 
 articles or materials are given out to he manufactured in a tene- 
 ment house shall keep a register of the names and addresses of 
 the persons to whom such articles or materials are given and shall 
 issu^ with all sv^h articles or materials a label hearing the name 
 and place of business of such factory written or printed in English. 
 Such label shall he exhibited on the demand of the commissioner 
 at any time whUe such articles or materials remain in the tenement 
 house. 
 
 Note. — Takes the place of the first and last sentences of old I 101. 
 
Il ', 
 
 \ I 
 
 ! 11 
 
 246 Appendix I — Bills Submitted to the Legislaturic 
 
 § S21, Manufacturing in unclean tenements prohibited. When- 
 ever the commissioner finds that any articles are manufactured 
 in any room or tipartment of a tenement house which is habitually 
 kept in a filthy condition, he may affix to the entrance door of such 
 apartment a notice calling attention to such facts and prohibiting 
 the manufacture of any articles therein. No person, except an 
 authorized representative of the department, shall remove or de- 
 face any such notice. 
 
 Note.— Takes the place of the last half of the last sentence of old f 100, 
 sub. 5. 
 
 § SBB, Owners of tenement houses not to permit the unlawful 
 use thereof. The owner or agent of a tenement house shall not 
 permit the use thereof for the purpose of manufacturing any 
 article therein contrary to the provisions of this article. If a room 
 or apartment of a tenement house is so unlawfully used, the comr 
 missioner shall serve a notice thereof upon the owner or agent. 
 Unless, within fifteen days after the service of the notice, such 
 owner or agent causes such unlawful use to be discontinued or iw 
 stitutes and faithfully prosecutes proceedings for dispossession of 
 the occupant who unlawfully uses such tenement house, he shall 
 be deemed guilty of a violation of this article as if he, himself, 
 were engaged in such unlawful use. Such unlawful use by the 
 occupant of a tenement house shall be a cause for dispossession of 
 such occupant, by summary proceedings to recover possession of 
 real property as provided in the code of civil procedure. 
 
 Note. — Takes the place of old { 105. The ten-day period is merged with 
 the fifteen-day period. 
 
 § S2S, Powers and dviies of boards of health. The local health 
 department or board in every city, town and village whenever 
 there is any infectious, contagious or communicable disease in a 
 tenement house shall cause an inspection of such tenement house 
 to be made within forty-eight hours. If any articles are found to 
 bs manufactured, or in process thereof in an apartment in which 
 such disease exists, such board shall issue such order as the public 
 health may require, and shall at once report such facts to the 
 commissioner. Such board may condemn and destroy all infected 
 articles manufactured or in the process of manufacture under 
 unclean or unhealthful conditions. The local health department 
 or board or other appropriate authority charged with the duty of 
 sanitary inspection of such houses in every city, town and vUlage 
 
 
 Appendix I — Bills Submitted to the Legislature 247 
 
 shall, when so requested by the commissioner, furnish copies of 
 its records as to the presence of infectious, contagious or com- 
 municable disease, or of unsanitary conditions in said houses; 
 and shall furnish such other information as may be necessary to 
 enable the commissioner to carry out the provisions of this article. 
 
 Note. — Takes the place of old § 103 except the first two sentences. 
 
 § S£J^, Issuance of tenement house licenses, 1, An application 
 for a license to permit the use of a tenement house for manufactur- 
 ing shall be made to the commissioner by the owner of the tene- 
 ment house or his duly authorized agent. Such application shall 
 be made upon blanks prepared and furnished by the commissioner 
 and shall state the location of the house, the number of apartments 
 in such house and the name and address of the owner, 
 
 2, Before issuing a license, the commissioner shall consult the 
 records of the local health department or board and other 
 appropriate local authority charged with the duty of sanitary in- 
 spection of such tenements. If such records show the presence of 
 any infectious, contagious or communicable disease, or any un- 
 sanitary condition in such tenement house, the commissioner shall 
 refuse to issue such license until such records show that the tene- 
 merd house is free therefrom. Before issuing such license, the 
 commissioner shall also inspect the tenement house sought to be 
 licensed. If the commissioner finds that such tenement house con- 
 forms to all ths requirements of this article and if the records of 
 the local health department or board or other appropriate local 
 authority show the existence of no infectious, contagious or com- 
 municable disease or unsanitary condition, he shall grant a license, 
 
 S. Such license may be revoked by the commissioner if, in his 
 opinion, the provisions of this article or of section one hundred and 
 sixty of this chapter have, since the issuance of the license, been 
 or are being violated. Whenever a license is revoked or denied by 
 the commissioner, the reasons therefor shall be stated in writing 
 and filed in his office. Where a license is revoked, a new license 
 must be obtained before such tenement house can again be used 
 for the purposes for which a license is required. 
 
 Note.— Take the plaee of old | 100, subs. 2, 3 and 4. 
 
 § 3£6, Dressmaker^ permit. Before issuing a permit to a dress- 
 maker as provided in section three hundred and fifteen the com- 
 missioner shall inspect the premises for which a permit is sought 
 and if he finds that such place conforms to all the requirements 
 
I I 
 
 1 < 
 
 li 
 
 248 Appendix I — Bills Submitted to the Legislatubx 
 
 of this article, he shall issu£ a permit therefor. Such permit may 
 
 he revoked by the commissioner if there exists any violation of the 
 
 provisions of this article or of section one hundred and sixty of 
 
 this chapter. 
 
 Note. — Provides for the issuance of a permit called for by the last half of 
 the fourth sentence of old S 100, sub. 6. 
 
 § SS6. Permit to give out goods to a tenement house. No person 
 shall hire, employ or contract with any person to manufacture 
 any articles in any room or apartment of a tenement house which 
 is not licensed as provided in thi^ article. No articles or materials 
 shall he given out to he manufactured in any tenement hou^se for 
 a factory urdess the employer conducting stick factory shall secure 
 a permit therefor from the commissioner who shall issu^ stick 
 permit to any such person applying therefor. Such permit may he 
 revoked or suspended hy the commissioner whenever any pro- 
 vision of this article or of section seventy of this chapter is vio- 
 lated in connection with any work for such factory. Such permit 
 may he reissued or reinstated in the discretion of the commis- 
 sioner when such violation has ceased. No articles shall he manur 
 factured in any tenement house for any factory for which no per- 
 mit has heen issued or for any factory whose permit is suspended 
 or revoked. 
 
 Note.— Takes the place of the second sentence of old i 101. See also old 
 S 106. 
 
 [ARTICLE XII. 
 
 EMPLOYMENT OF WOMEN AND CHILDREN IN MERCANTILE 
 
 ESTABLISHMENTS. 
 
 Section 160. Application of articl& 
 
 161. Hours of labor of minors. 
 161-a. Hours of labor of messengers. 
 
 162. Employment of children. 
 
 163. Employment certificate; how issued. 
 
 164. Contents of certificate. 
 
 165. School record, what to contain. 
 
 166. Supervision over issuance of certificatet» 
 
 167. Registry of children employed. 
 
 168. Washrooms and waterclosets. 
 
 169. Lunch rooms. 
 
 170. Seats for women in mercantile establishments. 
 
 171. Employment of women and children in basements. 
 
 172. Enforcement of articla 
 
 173. Laws to be posted.J 
 
 Appendix I — Bills Submitted to the Legislature 240 
 
 ARTICLE IS. 
 
 UERCANTILE ESTABLlSUMEyTB^ 
 TITLE I. 8ANITAT10y. 
 
 Section SS5. Cleanliness of rooms. 
 
 536, Cleanliness of huildings. 
 
 537. Drinking water. 
 SS8. Washrooms. 
 839. Dressing rooms, 
 SJfO, Lunchrooms. 
 3Jfl, Water closets, 
 Si2. Ventilation. 
 
 3Jf3, Employment of children and females in hasements, 
 
 TITLE II. FIRE HAZARD. 
 
 Section 350. Fire hazard. 
 
 351. Smoking prohibited. 
 
 TITLE III. GENERAL, 
 
 Section 360. Contribution to benefit or insurance fund, . 
 361. Duties of owners and occupiers. 
 
 TITLE I. SANITATION, 
 
 § L^^^l ^^^' Cleanliness of rooms. Every room in a mercan- 
 tile establishment [and] including the floor, walls, ceilings, win- 
 dows and every other part thereof and all fixtures therein shall 
 at all times Le kept in a clean and sanitary condition. Floors 
 shall, at all times, be maintained in a safe condition. Suitable 
 receptacles shall be provided and used for the storage of waste 
 and refuse; such receptacles shall be maintained in a sanitary 
 condition. 
 
 § ||168-a] 336. Cleanliness of buildings. Every part of a 
 building in which a mercantile establishment is located and of the 
 premises thereof and the yards, courts, passages, areas or alleys 
 connected with or belonging to the same, shall be kept free from 
 any accumulation of dirt, filth, rubbish or garbage. The roof, 
 passages, stairs, halls, basements, cellars, privies, water closets, 
 and all other parts of such building and the premises thereof shall 
 at all times be kept in a clean, sanitary and safe condition. The 
 entire building and premises shall be well drained and the plumb- 
 ing, cesspools and drains thereof at all times kept in proper repair 
 and in a sanitary condition. 
 
 
H 
 
 i 
 
 II 
 
 I . 
 
 1 1 
 
 III 
 
 250 Appendix I — Bills Submitted to the Leoislatubb 
 
 § [168-b.] 337, Drinking water. 1. In every mercantile 
 tablishment there shall be provided at all times for the use of 
 employees, a sufficient supply of clean and pure drinking water. 
 Such water shall be supplied through proper pipe connections with 
 water mains through which is conveyed the water used for domestic 
 purposes, or from a spring or well or body of pure water. 2. If 
 such drinking water be placed in receptacles in the mercantile 
 establishment, such receptacles shall be properly covered to pre- 
 vent contamination and shall be thoroughly cleaned at frequent 
 intervals. 
 
 § [168-c.] 338, Washrooms and washing facilities. In every 
 mercantile establishment there shall be provided and maintained 
 for the use of employees adequate and convenient washrooms, or 
 washing facilities. Such washrooms and washing facilities [shall 
 consist of sinks or stationary basins provided with running water 
 or with tanks holding an adequate supply of clean water and] 
 shall be separate for each sex wherever required by the rules of 
 the industrial board. Every washroom shall be provided with 
 adequate means of ventilation^ [and] heating and lighting 
 [artificial illumination]. 
 
 § [168-d:] 339, Dressing rooms. In every mercantile establish- 
 ment where more than five women are employed a sufficient num- 
 ber of dressing rooms conveniently located shall be provided for 
 their use. Each dressing room shall be properly ventilated [by 
 a window or by suitable ducts leading to the outer air] and shall 
 be enclosed by partitions or walls. Each dressing room shall be 
 means for hanging clothes and a suitable number of seats and 
 provided with adequate means for artificial illumination, suitable 
 shall be properly heated and ventilated. Each dressing room shall 
 be separated from any water closet compartment by adequate par- 
 titions. Adequate floor space shall be provided in dressing rooms 
 in proportion to the number of employees. [When more than ten 
 women are employed such dressing room shall have a floor space 
 of not less than sixty square feet and shall have at least one 
 window opening to the outer air.] 
 
 § r^^^] ^i^' Lunchrooms, [Lunch-rooms. If a lunch-room is 
 provided in a mercantile establishment where females are em- 
 ployed, such lunch-room shall not be next to or adjoining the 
 
 I 
 
 ' 
 
 
 Appendix I — Bills Submitted to the Legislatuee 251 
 
 water-closets, unless permission is first obtained from the board 
 or department of health or health commissioners of the town, 
 village or city where such mercantile establishment is situated, 
 unless such establishment is situated in a city of the first or 
 second class in which case such permission must be obtained from 
 the commissioner of labor. Such permission shall be granted un- 
 less it appears that proper sanitary conditions do not exist, and it 
 may be revoked at any time by the board or department of health 
 or health commissioners, if it appears that such lunch-room is 
 kept in a manner or in a part of a building injurious to the 
 health of the employees, unless such establishment is situated 
 in a city of the first or second class, in which case said permission 
 may be so revoked by the commissioner of labor.] No lunchroom 
 in any mercantile establishment where females are employed shall 
 be next to or adjoining the water closets, unless a permit therefor 
 is granted by the commissioner. Such permit shall be granted 
 if proper sanitary conditions exist, and it may be revoked at any 
 time if the lunchroom is kept in such a manner or is so located as 
 to be injurious to the health of the employees, 
 
 § [1^^-®! '^^^- "^ater closets. 1. There shall be provided for 
 every mercantile establishment a sufficient number of suitable and 
 convenient water closets. All water closets shall be maintained 
 inside the mercantile establishment except where, in the opinion of 
 the commissioner, it is impracticable or unnecessary to do so. 
 
 2. There shall be separate water closet compartments or toilet 
 rooms for females, constructed and maintained in accordance with 
 the rules of the industrial board [to be used by them exclusively, 
 and notice to that effect shall be clearly marked at the entrance 
 of such compartments or rooms. The entrance to every water 
 closet shall be effectively screened by a partition or vestibule. 
 Where water closets for males and females are in adjoining com- 
 partments or toilet rooms, there shall be partitions of substantial 
 construction between the compartments or rooms extending from 
 the floor to the ceiling and such partitions shall be plastered or 
 metal covered to a sufficient height. Whenever any water closet 
 compartments open directly into the workroom, exposing the in- 
 terior, they shall be screened from view by a partition or a vesti- 
 bule. The use of curtains for screening purposes is prohibited]. 
 
 3. The use of any form of trough water closet, latrine or school 
 sink within any mercantile establishment is prohibited except as 
 
i 
 
 if' 
 
 * 
 
 I • 
 
 252 Appendix I — Bills Submitted to the Leoislatubb 
 
 may he permitted hy the industrial hoard in its rules [Such fix- 
 tures in existence on the first day of October, nineteen hundred and 
 fourteen, having a common flushing system and approved by 
 the industrial board in its rules]. All such trough water closets, 
 latrines or school sinks shall, before the first day of October, nine- 
 teen hundred and fifteen, be completely removed and the place 
 where they were located properly disinfected under the direction 
 of the department. 
 
 4. Every water closet installed before October first, nineteen 
 hundred and fourteen, inside any mercantile establishment shall 
 have a basin of enameled iron or earthenware, and shall be prop- 
 erly flushed [from a separate water-supplied cistern or through a 
 proper valve connected in such manner as to keep the water supply 
 of the establishment free from contamination]. 
 
 5. All woodwork enclosing water closet fixtures shall be re- 
 moved from the front of the closet and the space underneath the 
 seat shall be left open. All water closet compartments or toilet 
 rooms constructed before October first, nineteen hundred and 
 fourteen, shall have windows opening directly to the outer air or 
 shall be otherwise properly ventilated to the outer air by suitable 
 ducts, and shall be provided with means for artificial illumination. 
 
 6. All water closets, urinals, water closet compartments and 
 toilet rooms hereafter installed in a mercantile establishment, 
 including those provided to replace existing fixtures shall be 
 properly constructed, installed, ventilated, lighted and maintained 
 in accordance with such rules as may be adopted by the indus- 
 trial board. 
 
 7. All water closet compartments and toilet rooms, and the 
 floors, walls, ceiling and surface thereof, and all fixtures therein, 
 and all water closets and urinals shall at all times be maintained in 
 a clean and sanitary condition. The floor or other surface beneath 
 and around the closet shall be maintained in good order and 
 repair and all the woodwork shall be kept well painted [with a 
 light colored paint]. The enclosure of each compartment and toilet 
 room shall be kept free from obscene writing or marking. Where 
 the water supply to water closets or urinals is liable to freeze, the 
 water closet compartment shall be properly heated so as to pre- 
 vent freezing, or the supply and flush pipes, cisterns and traps 
 and valves shall be eflFoctively covered with wool felt or hair felt, 
 or other adequate covering. 
 
 Appendlx I — Bills Submitted to the Legislatuhb 253 
 
 e [leS-f] 8Jt2. Ventilation. Every mercantile establishment 
 shall be provided with proper and sufficient means of ventilation 
 by natural or mechanical means or both, as may be necessary and 
 there shall be maintained therein proper and sufficient ventilation 
 and proper degrees of temperature and humidity at all tinaes 
 during working hours. The industrial board shall make rules 
 for and fix standards of ventilation, temperature and humidity 
 in mercantile establishments. 
 
 § [171] S4S, Employment of women and children in bas^ 
 ments. [Women or children shall not be employed or permitted 
 to work in the basement of a mercantile establishment, unless 
 permitted by the board or department of health, or health com- 
 missioners of the town, village or city where such mercantile es- 
 tablishment is situated, unless such establishment is situated in a 
 city of the first or second class in which case such permission 
 must be obtained from the commissioner of labor. Such permis- 
 sion shall be granted unless it appears that such basement is not 
 sufficiently lighted and ventilated, and is not in good sanitary 
 condition.] Employment of children and fenuiles tn ha^ements. 
 No chUd under the age of sixteen years nor any female shall be 
 employed in the basement of a mercmtUe estahltshmerd urdess 
 a permit therefor is granted hy the commissioner. Such permit 
 shall he granted if the hasemerd is sufficiently lighted and ventir 
 lated and is in a sanitary condition, 
 
 TITLE II. FIRE HAZARD. 
 § 350. Fire hazard. Every mercantile establishment and mer- 
 cantile building shall he provided with adeqmite exit facilities and 
 shall he so constructed, equipped, arranged and mamtamed as to 
 afford safety to employees and patrons in case of fire. The indus- 
 trial hoard shall in its rules prescribe detailed requirements for 
 protection from the fire hazard in existing mercantile establish- 
 ments and mercantile buildings and in those to be erected m the 
 future. 
 
 Note. — New section. 
 
 % S61. Smoking prohibited. No person shall smohe in awy 
 mercantile establishment in which more than ten persons are 
 employed except in a fireproof enclosed room set aside for tha. 
 
 f> 
 
 
I 
 
 i '• 
 
 254 Appendix I — Bills Submitted to the Legislaturb 
 
 purpose hut the industrial hoard in its ndes may permit smoking 
 in protected portions of a mercantile establishment, or in special 
 classes of occupancies, where in its opinion the safety of em- 
 ployees and patrons would not he endangered thereby, A notice 
 of such prohibition stating the penalty for violation thereof shall 
 be posted in every entrance hall, elevator car, stair-hall and room 
 of a mercantile establishment in English and also in such other 
 language as the fire commissioner of the city of New York in 
 such city, and elsewhere, the commissioner of labor, shall direct. 
 The fire commissioner of the city of New York in su^h city, and 
 elsewhere, the commissioner of labor shall enforce this section. 
 Such notices shall be furnished by the officer charged with the 
 enforcement of this section and shall not be removed without his 
 consent. 
 
 Note. — New section. 
 
 TITLE in. GENERAL. 
 
 § P^-1 ^^^- Contributions to benefit or insurance fund. A cor- 
 poration engaged in the business of operating a mercantile estab- 
 lishment shall not by deduction from salary, compensation or 
 wages, by direct payment or otherwise, compel any employee in 
 such mercantile establishment to contribute to a benefit or insur- 
 ance fund maintained or managed for the employees of such 
 establishment by such corporation, or by any other corporation or 
 person; and every contract or agreement whereby such contribu- 
 tion is exacted shall be absolutely void. A corporation which will 
 violate this section shall be liable to a penalty of one hundred dol- 
 lars, recoverable by the person aggrieved in any court of competent 
 jurisdiction. A director, officer or agent of a corporation who 
 compels any employee to make a contribution in violation of this 
 section, or sign any contract or agreement to make such contribu- 
 tion, or imposes or requires such a contribution as a condition of 
 entering into or continuing in the employment of a mercantile 
 establishment, shall be guilty of a misdemeanor. 
 
 § 361. Duties of owners and occupiers. The occupant of a 
 mercantile estahlishment shall be responsible for compliance with 
 the provisions of this article within his holding. The owner of the 
 building in which a mercantile establishment is located shall also 
 he responsible for compliance with the provisions of sections three 
 hundred and thirty-six, three hundred aixd thirty-seven sub- 
 division one, three hundred and thirty-eight, three hundred and 
 
 Appendix I — Bills Submitted to the Legislaturb 255 
 
 forty-one except subdivision seven, and all provisions, relating to 
 structural changes or permanent improvements in the building, or 
 affecting portions of the building that are used in common or by 
 more than one occupant. 
 Note. — New section. 
 
 rARTICLE IX. MINES, TUNNELS AND QUARRIES AND THEIR IN- 
 
 SPECTION. 
 
 Section 119. Protection of employees in mines, tunnels and quar- 
 ries. 
 
 120. Duties of commissioner of labor relating to mines, 
 
 tunnels and quarries ; record and report. 
 
 121. Outlets of mines. 
 
 122. Ventilation and timbering of mines and tunnels. 
 
 123. Riding on loaded cars ; storage of inflammable sup- 
 
 plies. 
 
 124. Inspection of steam boilers and apparatus; steam, 
 
 air and water gauges. 
 
 125. Use of explosives ; blasting. 
 
 126. Report of accidents. 
 
 127. Notice of dangerous condition. 
 
 128. Traveling ways. 
 
 129. Notice of opening new mine, shaft or quarry. 
 
 130. Notice of abandonment. 
 
 131. Employment of women and children. 
 
 132. Underground workings to be equipped with head 
 
 house and doors. 
 
 133. Mines and tunnels to be equipped with wash-rooms. 
 
 134. Method of exploding blasts. 
 134-a. Hours of labor. 
 
 134-b. Medical attendance and regulations. 
 134-c. Penalties. 
 
 134-d. [Air pipes in tunnels and caissons.] 
 134-e. [Electric lights in tunnels and caissons.] 
 
 135. Enforcement of article. 
 
 136. Admission of inspectors to mines and tunnels.] 
 
 ARTICLE U. 
 
 MINES, TUNNELS AND QUARRIES; EMPLOYMENT IN COMPRESSED 
 
 AIR, 
 
 Note. — This article is revised from old article 9 of the labor law omitting 
 provisions covered by the general provisions of this chapter. 
 
256 Appendix I — Bills Submitted to the Le«hslatueb 
 
 TITLE L MINES, TUyNBLB AND QUAnRIKB. 
 
 Section S70, Notice of opening new mine, tunnel or quarry. 
 371, Notice of discontinuance or abandonment. 
 872. Outlets of mines. 
 373, Traveling ways in mines, 
 37 Jf, Head Jiouse and trap-doors. 
 
 375, Timbering of mines and tunnels. 
 
 376, Ventilation of mines and tunnels. 
 
 377, Boilers for mining and tunneling; inspection and 
 
 equipment, 
 
 378, Safety of apparatus, 
 
 379, Riding on loaded cars, cages or buckets, 
 
 380, Use of explosives; blasting, 
 
 381, Storage of inflammable supplies. 
 
 382, Wash-rooms, 
 
 383, Responsibility for compliance. 
 
 TITLE 11. EMPLOYMENT IN COMPRESSED AIR, 
 
 390, Definition, 
 
 391, Equipment. 
 
 392, Medical officers and nurses, 
 
 393, Physical examinations, 
 
 394- Record of physical examinations, 
 
 395, Employment of certain persons prohibited, 
 
 396, Hours of labor. 
 
 397, Rate and time of decompression. 
 
 TITLE L MINES, TUNNELS AND QUARRIES. 
 
 § [129] 370, Notice of opening new mine, [shaft] tunnel 
 or quarry. [Whenever a] Every [mine or quarry] operator 
 who is [has] engaged or [Is] about to engage in [the develop- 
 ment of new industries by the sinking of] opening new shafts, in- 
 clines, tunnels or quarries, [he] shall report to the commissioner 
 [of labor], giving the name of the owner [or owners,] and the 
 location of the property, before the work of excavation [shall have] 
 has reached the depth of twenty-five feet. 
 
 § [130] 371, Notice of discontinuance or abandonment. [It 
 shall be the duty of e]J5^very [mine or quarry] operator [to notify 
 the commissioner of labor of the] who permanently discontinu- 
 [ance]6« or abandon[ment]5 [of] any mine^ tunnel or quarry 
 
 Appendix I — Bills Submitted to the Legislature 267 
 
 [, when and in the event that such mine or quarry shall be closed 
 permanently or abandoned.] shall notify the commissioner thereof 
 immediately after such discontinuance or abandonment, 
 
 § [121] S72, Outlets of mines. [If, in the opinion of the 
 commissioner of labor, it is necessary for safety of employees, the] 
 Every [owner, operator or superintendent of a] mine operating 
 through either a vertical or inclined shaft, or a horizontal tunnel, 
 shall [not employ any person therein unless there are in connec- 
 tion with the subterranean workings thereof]^ if the commissioner 
 finds it is necessary for the safety of the employees and issues an 
 order to that effect, be provided with not less than two openings 
 or outlets, at least one hundred and fifty feet apart, and connected 
 with the subterranean workings and with each other and no per- 
 son shall be employed in the mine until such openings or outlets 
 have been provided, [Such] The openings or outlets shall be so 
 constructed as to provide at all times safe and [distinct means of 
 ingress and egress from and to the surface, at all times, for the 
 use of the employees of such mine.] separate passageways between 
 the subterranean workings and the surface, 
 
 § [128] 373, Traveling ways in mines. In [all] every 
 mine[8] there shall be cut out of or around the sides of every 
 hoisting shaft, or driven through the solid strata at the bottom 
 thereof, a traveling way not less than five feet high and three f oet 
 wide to enable persons to pass the shaft in going from one side 
 to the other without passing over or under or in the way of the 
 cage or other hoisting apparatus. 
 
 § [132] 374. [Underground workings to be equipped with 
 h]ffead house and trapdoors. Every underground working 
 where the depth exceeds forty feet shall be equipped with a proper 
 head house and trapdoors. 
 
 § 375, Timbering of mines and tunnels. Every mine and 
 tunnel shall be properly timbered, and the roof and sides of each 
 working place therein properly secured. No person shall be em- 
 ployed in an unsafe place in a mine or tvamel except to m>ake it 
 safe. 
 
 Note. — Taken from old | 122, 
 Vol. 1 — 9 
 
 :, 
 
258 Appendix I — Bills Slumiitkd to tue Leoislatubb 
 
 § [122] 376. Ventilation [and timbering] of mines and tun- 
 nels. In [each] every mine [or] and tunnel a ventilating cur- 
 rent shall be conducted and circulated along the face of all work- 
 ing places and through the roadways therein, in sufficient [quanti- 
 ties] volume to insure the safety of employees and to remove 
 smoke and noxious gases. 
 
 [Each owner, agent, manager or lessee of a mine or tunnel 
 shall cause it to be properly timbered, and the roof and sides of 
 each working place therein properly secured. No person shall be 
 required or permitted to work in an unsafe place or under danger- 
 ous material, except to make it secure.] 
 
 Note. — Last paragraph of old S 122 made new | 376. 
 
 § [124] 577. [Inspection of steam boilers and apparatus; 
 steam, air and water gauges.] Boilers for mining and tunneling; 
 inspection and equipment [All] Every boiler[s] used in gen- 
 erating steam for raining or tunneling purposes shall be kept in 
 good order, and the owner, agent, manager or lessee of such mine 
 or tunnel shall [have such boilers] cause them to he inspected at 
 least once in every six months by a competent person[,] approved 
 by the commissioner [of labor, once in six months], and shall file 
 a certificate [showing the result thereof] in the mine or tunnel 
 office and a duplicate [thereof] in the office of the commissioner 
 [of labor] showing the result of each such inspection. [All en- 
 gines, brakes, cages, buckets, ropes and chains shall be kept in 
 good order and inspected daily by the superintendent of the mine 
 or tunnel or a person designated by him. All lifts, hoists, ropes 
 and other mechanical devices shall be properly designed and 
 maintained to sustain the weight intended to be placed thereon 
 or suspended therefrom, such factors of safety being used as are 
 generally accepted as sufficient by competent engineers, and all 
 cars and lifts shall be supplied with safety brakes. All hoisting 
 ropes shall at all times be of a breaking strength of not less than 
 five times the gross load suspended from them, including weight 
 of rope itself. Each] Every boiler or battery of boilers so used 
 [in mining or tunneling for generating steam,] shall be provided 
 with [a] proper safety valves and with proper steam and water 
 gauges[, to show, respectively, the pressure of steam and the 
 height of water in the boilers]. Every boiler house in which 
 a boiler or [nest] haitery of boilers is placed, shall be provided 
 with a steam gauge properly connected with the boilcr6>£, and 
 
 Appendix I — Bills Submitted to the Legislature 259 
 
 another]. A steam gauge shall be attached to the steam pipe in 
 the engine house, and so placed that the engineer or fireman can 
 readily ascertain the steam pressure [carried. Every tunnel in 
 wiiich men are working under artificial air pressure shall be fur- 
 nished with properly equipped and placed gauges capable at all 
 times of showing the weight or pressure of air in said tunnel, and 
 said gauge shall at all times during working hours be accessible to 
 all persons working on said tunnel]. 
 
 Note.— The provision of old § 124 relating to safety of apparatus has been 
 made new f 378. 
 
 § 378. Safety of apparatus. All engines, brakes, cages, luck- 
 ets, ropes and chains shall he kept in good order and inspected 
 daily hy the superintendent of the mine or tunnel or a competent 
 person designated hy him. All lifts, hoists, ropes and other 
 mechanical devices shall he properly designed and maintained to 
 sustain the weight intended to he placed thereon or suspended 
 therefrom, such factors of safety heing used as are generally ac- 
 cepted as sufficient hy competent engineers. All hoisting ropes 
 shall at all times he of a breaking strength of not less than five 
 times the gross load suspewled from them, including the weight 
 of the rope itself. All cars and lifts shall be equipped with safety 
 brakes. 
 
 Note.— Taken from old § 124. 
 
 § [123] 379. Riding on loaded car8[;], cages or buckets. 
 [storage of inflammable supplies.] No person shall ride or be 
 permitted to ride on any loaded car, cage or bucket into or out of 
 a mine or into or out of a tunnel in process of construction. 
 [No powder or oils of any description shall be stored in a mine, 
 tunnel or quarry, or in or around shafts, engine or boiler-houses, 
 and all supplies of an inflammable and destructive nature shall be 
 stored at a safe distance from the mine or tunnel openings.] 
 
 Note. — Old i 123, second sentence made new § 381. 
 
 § [126] 380. Use of explosives; blasting. When high explo- 
 sives other than gunpowder are used in a mine, tunnel or quarry, 
 the manner of storing, [keepinir,] moving, charging and firing, or 
 in any manner using such explosives, shall be in accordance with 
 rules prescribed by the [commissioner of labor] industrial hoard. 
 In charging holes for blasting, in slate, rock or ore in any mine, 
 tunnel or quarry, no iron or steel pointed needle or tamping bar 
 
-II 
 
 ft 
 
 I 
 
 i 
 
 260 Appendix I — Bills Submitted to the LEoiSLATUTni 
 
 shall be used, unless the end thereof is tipped with at least six 
 inches of copper or other soft material. No person shall be em- 
 ployed to blast, unless the [mine or tunnel] superintendent or per- 
 son having charge of such mine, [orj tunnel or quarry is satisfied 
 that [hcj such person is qualified, by experience, to perform the 
 work with ordinary safety. [When] Before such a blast is [about 
 to be] fired [in a mine or tunnel,] the person in charge of the 
 work shall give timely notice [thereof shall be given by the person 
 in charge of the work,] to all persons who may be in danger 
 therefrom. No blast fired by electricity shall be exploded by an 
 electric current of more than two hundred and fifty volts. 
 Note. — Last sentence of old § 139 transferred to this section. 
 
 § S81. Storage of inflammable supplies. No powder or oils of 
 avA/ description shall be stored in a mine, tunnel or quarry or in 
 or around shafts, engine or boiler houses, and all supplies of an 
 inflammable and destructive nature shall be stored at a safe dis- 
 tance from the mine or tunnel openings. 
 
 Note. — Taken from old § 123, second sentence. 
 
 § [133] 382. [Mines and tunnels to be equipped with 
 w] Washrooms. Every mine, tunnel or quarry [employing over 
 twenty-five men shall maintain a suitably equipped and heated 
 washroom, which shall be at all times accessible to the men em- 
 ployed.] where more than twenty-five persons are employed shall 
 be provided with a washroom, properly heated ar\d equipped, and 
 accessible at all times to the employees, 
 
 % 388. Responsibility for compliance. Except as in this title 
 otherwise provided the owner, agent, lessee, manager, operator and 
 superintendent shall be responsible for the observance of the pr<h 
 visions of this title. 
 
 Note.— Taken from old § 121. 
 
 TITLE II. EMPLOYMENT IN COMPRESSED AIR. 
 
 § 390. DefiniiiorL The term " pressure,*' when used in this 
 title, means gauge pressure in pounds per square inch. 
 
 [§ 134-d. All work in the prosecution of which tunnels, caissons 
 or other apparatus or means within which compressed air is em- 
 ployed shall have at least two air pipes or lines connected at aU 
 times and in perfect working condition. 
 
 
 Appeitoix I — Bills Submitted to the Legislature 261 
 
 § 134-e. Wherever electricity is used as lighting apparatus the 
 light supplied for the shaft leading to the caisson or tunnel or 
 other apparatus wherein the men are actually at work shall be sup- 
 plied from a different wire from the lights which are located at 
 the point wherein the men are actually working under air.] 
 
 Note.— This titl* is made up of 1$ 134-a, 134-b, 134-d, 134-e and last sen- 
 tence of f 134. 
 
 § 391. Equipment. Every employer carrying on any work in 
 the prosecution of which persons are employed in compressed air 
 shall 
 
 1. Provide and attach the necessary instruments to all caissons 
 and air locks for showing the air pressure to which persons so em- 
 ployed therein are subjected, and employ a competent person to 
 take charge of such instruments. Such person shall not be per- 
 mitted to work more than eight hours in any twenty-four hours; 
 
 2. Provide and install properly equipped gauges in each 
 tunnel for showing the air pressure to which the persons so em- 
 ployed therein are subjected. Such gauges shall be accessible, at 
 all times during working hours, to all employees in the tunnel; 
 
 3. Connect at least two air pipes or lines to each com^partmeni, 
 caisson, 'tunnel or place where persons are so employed, and keep 
 them, so connected and in perfect working condition; 
 
 J^. Provide a suitable ladder for the entire length of every 
 shaft used in connection with such work; 
 
 5. Keep every passageway used in connection with such work 
 clear and properly lighted; 
 
 6. Wherever electricity is used for lighting, provide a wire for 
 lighting the shafts which wire shall be separate from the one used 
 for lighting the place where the employees are at work in com' 
 pressed air; 
 
 7. Wherever electricity is not used for lighting, provide sui^ 
 al)le safeguards for all lights used in connection with such work; 
 
 8. Erect a shield in the working chamber of every caisson, in 
 which pfrsons are employed in compressed air, where the working 
 chamber is less than ten feet in length and when the caisson is 
 suspended or hung while work is in progress so that the bottom of 
 the excavation is more than nine feet below the deck of the work- 
 ing chamber; 
 
 9. Provide, for the use of all persons so employed, dressing 
 rooms which shall be kept open and accessible during working 
 hours and during the intervals between working periods. The 
 
262 Appendix I — Bills Submitted to the Legislature 
 
 dressing rooms shall he kept properly heated, lighted and verUi- 
 lated, sliall contain lockers and benches, haihs tvUh hot and cold 
 waier, and sanitary water-closets, 
 
 10, Wherever the maximum air pressure in su^h work exceeds 
 seventeen pounds, provide and maintain a properly equipped medir 
 cal lock. Such lock shall he kept properly heated, lighted and 
 ventilated and shall contain proper medical and surgical equip- 
 ment, 
 
 [§ 134-b. Medical attendance and regulations. Any person or 
 corporation carrying on any tunnel, caisson or other work in the 
 prosecution of which men are employed or permitted to work in 
 compressed air, shall, while such men are so employed, also em- 
 ploy and keep in employment, one or more duly qualiAed persons 
 to act as medical officer or officers who shall be in attendance at 
 all necessary times while such work is in progress and whose duty 
 it shall be to administer and strictly enforce the following: 
 
 (a) No person shall be permitted to work in compressed air 
 until after he shall have been examined by such medical officer 
 and reported by such officer to the person in charge thereof as 
 found to be qualified, physically, to engage in such work. 
 
 (b) In the event of absence from work, by an employee for 
 ten or more successive days for any cause, he shall not resimie 
 work until he shall have been re-examined by the medical officer 
 and his physical condition reported as hitherto provided to be such 
 as to permit him to work in compressed air. 
 
 (c) No person known to be addicted to the excessive use of in- 
 toxicants shall be permitted to work in compressed air. 
 
 (d) No person not having previously worked in compressed 
 air shall be permitted during the first twenty-four hours of his 
 employment to work for longer than one-half of a day period as 
 provided in section one hundred and thirty-four-a and after so 
 working shall be re-examined and not permitted to work in a place 
 where the pressure is in excess of fifteen pounds unless his physical 
 condition be reported by the medical officer as heretofore pro- 
 vided to be such as to qualify him for such work. 
 
 (e) After a person has been employed continuously in com- 
 pressed air for a period of three months he shall be re-examined 
 by the medical officer and he shall not be allowed, permitted or 
 compelled to work until such examination has been made and he 
 has been reported as heretofore provided as physically qualified 
 to engage in compressed air worL 
 
 Appendix I — Bills Submitted to the Legislature 263 
 
 (f ) The said medical officer shall at all times keep a complete 
 and full record of examinations made by him, which record shall 
 contain dates on which examinations were made and a clear and 
 full description of the person examined, his age and physical con- 
 dition at the time examined, also the statement as to the time 
 such person has been engaged in like employment. 
 
 (g) Properly heated, lighted and ventilated dressing rooms 
 shall be provided for all employees in compressed air which shall 
 contain lockers and benches and shall be open and accessible to 
 the men during the intermission between shifts. Such rooms shall 
 be provided with baths, with hot and cold water service and a 
 proper and sanitary toilet 
 
 (h) A medical lock shall be established and maintained in con- 
 nection with all work in compressed air when the maximum 
 pressure exceeds seventeen pounds as herein provided. Such lock 
 shall be kept properly heated, lighted and ventilated and shall 
 contain proper medical and surgical equipment. Such lock shall 
 be in charge of a certified trained nurse selected by the medical 
 officer, who shall be qualified to render temporary relief. 
 
 (i) Whenever in the prosecution of caisson work in which com- 
 pressed air is employed the working chamber is less than ten feet 
 in length and when such caissons are at any time suspended or 
 hung while work is in progress so that the bottom of the excava- 
 tion is more than nine feet below the deck of the working cham- 
 ber, a shield shall be erected in the working chamber for the pro- 
 tection of the workmen. 
 
 (i) Whenever in the prosecution of work in which compressed 
 air is employed a shaft is used, all such shafts shall be provided 
 with a safe, proper and suitable ladder for its entire length. 
 
 (k) Wherever in the prosecution of work in tunnels, caissons 
 or other apparatus or means, in which compressed air is 
 employed or used, lights other than electric lights are used, the 
 said lights shall at all times be guarded. 
 
 (1) All passage ways in work, wherein compressed air is em- 
 ployed or used, shall be kept clear and properly lighted.] 
 
 Note.— Sub. 1 takes the place of a provision of old § 134-a; sub. 2 takes 
 the place of a provision of old $ 134; sub. 3 takes the place of a provision of 
 I 134-d; sub. 4 takes the place of a provision of old § 134-b (k) ; sub. 5 takes 
 the place of a provision of old % 134-b (m) ; sub. 6 takes the place of a pro- 
 vision of § 134-e; sub. 7 takes the place of a provision of old | 134-b (1) ; 
 sub. 8 takes the place of a provision of old § 134-b (j) ; sub. 9 takes the place 
 of a provision of old § 134-b (g) ; sub. 10 takes the place of the ^rst two sen- 
 tences of old S 134-b (h). 
 
4!l 
 
 II 
 
 '.r 
 
 ;, 
 
 i 
 
 264 Appendix I — Bills Submitted to the Legislature 
 
 § SOS. Medical officers and nurses. Every employer carrying 
 on any work in the prosecution of which persons are employed in 
 compressed air shall: 
 
 1, Employ one or m/)re licensed physicians as medical officers 
 who shall be in attendance at all necessary times at the place where 
 such work is in progress. The name and address of such phy- 
 sicians, while so employed shall he registered with the depart- 
 ment of labor, 
 
 2. Wherever the maximum air pressure in such work exceeds 
 seventeen pounds, employ one or more certified nurses who shall 
 be selected by the medical officer and who shall have charge of the 
 medical lock herein provided for. 
 
 Note.— Sub. 1 takes the place of the first part of § 134-b; sub. 2 takes the 
 place of the last sentence of old § 134-b (h). Second sentence in sub. 1 of the 
 new section is new matter. 
 
 § S9S. Physical examiruUions, 1, No person shall he employed 
 in compressed air until he has been examined by the medical offi- 
 cer and found to be physically qualified therefor, 
 
 2, No person who has not previously worked in compressed 
 air shall, during the first twenty-four hours of his employment, he 
 permitted to work therein longer than one working period as pro- 
 vided in section three hundred and fifty-six, and he shall not he 
 permitted to resume such work, if the air pressure exceeds fifteen 
 pounds, until he has been re-examined by the medical officer and 
 found to be physically qualified therefor. 
 
 3, No person, who is employed in compressed air hut who 
 has been absent therefrom for ten or more consecutive days for 
 any cause, shall be permitted to resume such work until he has 
 been re-examined by the medical officer and found to be physically 
 {lualified therefor, 
 
 4' No person who has been employed continuously in com- 
 pressed air for three months shall be permitted to continue such 
 work until he has been re-examined by the medical officer and 
 found to be physically qualified therefor. 
 
 Note.— Sub. 1 takes the place of | 134-b (a) ; sub. 2 takes the place of 
 old § 134-b (a) : sub. 3 takes the place of old f 134-b (b) ; sub. 4 takes the 
 place of old $ 134b (e). 
 
 § S9Ji. Record of physical examinations. The medical officer 
 shall keep a record of all physical examinations made in accord- 
 ance with section three hundred and ninety-three, which record 
 
 Appendix I — Bills Submitted to the Legislature 265 
 
 shall be kept at the place of employment and shall contain the 
 name, age, address and full description of each person examined, 
 the date on which each eocamination was made, and the physical 
 condition, on that date, of the person examined and the total time 
 such person has worked in compressed air including time in pre- 
 vious employments. 
 
 Note.— Taken from old i 134-b (f). 
 
 § S96. Employment of certain persons prohibited. No person 
 known to be addicted to the excessive use of intoxicants shall be 
 employed in compressed air. 
 
 Note.— Takes the place of old f 134-b (c). 
 
 [§ 134-a. Hours of labor. All work in the prosecution of which 
 tunnels, caissons or other apparatus or means in which compressed 
 air is employed or used shall be conducted subject to the following 
 restrictions and regulations : When the air pressure in any compart- 
 ment, caisson, tunnel or place in which men are employed is greater 
 than normal and shall not exceed twenty-one pounds to the square 
 inch, no employee shall be permitted to work or remain therein 
 more than eight hours in any twenty-four hours and shall only be 
 permitted to work under such air pressure provided he shall during 
 such period return to the open air for an interval of at least thirty 
 consecutive minutes, which interval his employer shall provide for. 
 When the air pressure in any compartment, caisson, tunnel or 
 place in which men are employed is greater than normal and shall 
 equal twenty-two pounds to the square inch and does not exceed 
 thirty pounds to the square inch, no employee shall be permitted 
 to work or remain more than six hours in any twenty-four 
 hours, such six hours to be divided into two periods of three hours 
 each with an interval of at least one hour between each such period. 
 When the air pressure in any such compartment, caisson, tunnel or 
 place shall exceed thirty pounds to the square inch, and shall not 
 equal thirty-five pounds to the square inch, no employee shall be 
 permitted to work or remain therein more than four hours, such 
 four hours to be divided into two periods of two hours each, with 
 an interval of at least two hours between each such period. When 
 the air pressure in any such compartment, caisson, tunnel or place 
 shall equal thirty-five pounds to the square inch and shall not 
 exceed forty pounds to the square inch, no such employee shall be 
 permitted to work or remain therein more than three hours in any 
 
K ^: 
 
 M ' 
 
 I 
 
 •'h 
 
 266 Appendix I — Bills Submitted to the Legt«?lature 
 
 twenty-four hours, such three hours to be divided into periods of 
 not more tlian one and ono-half hours each, with an interval of at 
 least three hours between each such period ; when the air pressure 
 in any such compartment, caisson, tunnel or place shall equal 
 forty pounds to the square inch and shall not equal forty-five 
 pounds to the square inch, no employee shall be permitted to work 
 or remain therein more than two hours in any twenty-four hours, 
 such two hours to be divided into periods of not more than one hour 
 each, with an interval of at least four hours between each such 
 period; when the air pressure in any such compartment, 
 caisson, tuimel or place shall equal forty-five pounds to the 
 square inch and shall not exceed fifty pounds to the square inch, 
 no employee shall be permitted to work or remain therein more 
 than ninety minutes in any twenty-four hours, and such ninety 
 minutes to be divided into periods of forty-five minutes each, with 
 an interval of not less than five hours between each such period ; 
 no employee shall be permitted to work in any compartment, 
 caisson, tunnel or place where the pressure shall exceed fifty 
 pounds to the square inch, except in case of emergency. No per- 
 son employed in work in compressed air shall be permitted by his 
 employer or by the person in charge of said work to pass from the 
 place in which the work is being done to atmosphere of normal 
 pressure, without passing through an intermediate lock or stage of 
 decompression, which said decompression shall be, where the work 
 is being done in tunnels, at the rate of three pounds every two 
 minutes unless the pressure shall be over thirty-six pounds, in 
 which event the decompression shall be at the rate of one pound 
 per minute; and which said decompression shall be, where the 
 work is being done in caissons, at the following rates: 
 
 Where pressure is not over ten pounds per square inch the time 
 of decompression shall be one minute ; when pressure is over ten 
 pounds per square inch, but does not exceed fifteen pounds per 
 square inch, the time of decompression shall be two minutes ; when 
 pressure is over fifteen pounds per square inch, but does not 
 exceed twenty pounds per square inch, the time of the decom- 
 pression shall be five minutes; when pressure is over twenty 
 pounds per square inch, but does not exceed twenty-five pounds 
 per square inch, the time of decompression shall be ten minutes; 
 when pressure is over twenty-five pounds per square inch but does 
 not exceed thirty pounds per square inch, the time of decompres- 
 sion shall be twelve minutes; when pressure is over thirty pounds 
 
 Appendix I — Bills Submitted to the Legislatuee 267 
 
 per square inch, but does not exceed thirty-six pounds per square 
 inch, the time of decompression shall be fifteen minutes; when 
 pressure is over thirty-six pounds per square inch, but does not 
 exceed forty pounds per square inch, the time of decompression 
 shall be twenty minutes ; when pressure is over forty pounds per 
 square inch, but docs not exceed fifty pounds per square inch, the 
 time of decompression shall bo twenty-five minutes. 
 
 All necessary instruments shall bo attached to all caissons and 
 air locks showing the actual air pressure to which men employed 
 therein are subjected and which instruments shall be accessible to 
 and in charge of a competent person who shall not be employed 
 more than eight hours in any twenty-four hours.] 
 
 § 396, Hours of labor. When the air pressure in aivy tunnel, 
 caisson, compartment or place in which persons are employed ex- 
 ceeds normal hut does not exceed fifty pounds, the maximum numr 
 her of hours which, in every twenty-four hours, a person m^y he 
 employed or permitted to remain therein and the minimum ttm^ 
 interval which shall elapse between the working periods shall he 
 as hereafter stated. In every case the maximum number of hours 
 shall be divided into two working periods of equal length. 
 
 Exceeds normal but does not exceed 21 pounds 
 Exceeds 21 but does not exceed SO pounds .... 
 Exceeds 30 but does not exceed 35 pounds .... 
 Exceeds 35 but does not exceed J^O pounds .... 
 Exceeds 40 but does not exceed Jf5 pounds. , . . 
 Exceeds 45 hut does not exceed 50 pounds .... 
 
 Except in causes of emergency, no person shall be employed or 
 permitted to remain in any tunnel, caisson, compartment or phice 
 where the air pressure exceeds fifty pounds. 
 
 Note. — Rewritten from a portion of old S 134-a. 
 
 § 397. Rate and time of decompression. No person shall he 
 permitted to pass from any tunnel, caisson, compartment or phice 
 where he has been employed in compressed air to normal pressure 
 without passing through an intermediate lock or stage of decomr 
 pression. When the employees are passing from a tunnel to nor- 
 mal pressure, the rate of decompression shall be three pounds 
 
 8 
 
 SO mtns. 
 
 6 
 
 Ihr. 
 
 4 
 
 2hrs. 
 
 S 
 
 Shrs. 
 
 2 
 
 4hrs. 
 
 W2 
 
 5hrs. 
 
,<■ 
 
 268 Appendix I — Bills Submitted to the Legislature 
 
 every two minutes except when the air pressure in such tunnel 
 exceeds thirty-six pounds in which case the rate of decompression 
 shall he one pound every minute. When the employees are passing 
 from, a caisson, compartment, or place to normal pressure, the time 
 of decompression shall he as follows: 
 
 Time of 
 When tba preseare In ft caisson, coropftrtment or place : deoompressloo 
 
 Exceeds normal hut does not exceed 10 pounds. ... 1 min. 
 
 Exceeds 10 hut does not exceed 15 pounds H mtiM. 
 
 Exceeds 15 hut does not exceed 20 pounds 6 mins. 
 
 Exceeds 20 hut does not exceed 25 pounds 10 mina. 
 
 Exceeds 25 hut does not exceed SO pounds , 12- mins. 
 
 Exceeds SO hut does not exceed S6 pounds 16 mins. 
 
 Exceeds S6 hut does not ej ced J^O pounds 20 mina. 
 
 Exceeds 40 hut does not exceed 50 pounds 26 mini. 
 
 Note. — Rewritten from a portion of old S 134-». 
 
 ARTICLE 16. 
 
 VIOLATIONS AND PENALTTEB. 
 
 Section ^05, Civil penalties for violations. 
 
 406, Summary action to prevent violaiions, 
 
 § 405. Civil penalties for violations. 1. Any person who vio- 
 lates or does not comply with any provision of this chapter, any 
 provision of rules made under authority granted in this chapter, 
 or any lawful order of the commissioner, and any person who 
 knowingly makes or permits to he made a false statement or 
 entry in or in relation to any affidavit, certificate, transcript, time- 
 hook, register, record, report, documentary evidence or other 
 papers required to he made or kept under any provision of this 
 chapter, is liable to a civil penalty of not exceeding fifty dollars 
 for each such violation. Any person who having heen served hy the 
 commissioner tvith an order to comply with any provision of this 
 chapter or of rules made thereunder fails to comply with such 
 order within the time specified therein, or, if no time he specified, 
 within five days after such service, shall he liable to a civil penalty 
 of not to exceed two hundred and fifty dollars, 
 
 2. The liahiliiy to the penalties provided hy this section shaU 
 be in addition to liahUity to prosecution for a misdemeanor. 
 
 S. The commissioner in his name of office may hring an action 
 for the recovery of any penalty under this section. 
 
 Note. — New. CoTers various provisions of existing law. 
 
 Appendix I — Bills Submitted to the Legislatube 269 
 
 S 406. Summary action to prevent violatums. 1. The comr 
 missioner may require any huilding, structure, enclosure or place 
 of employment to he vacated if in his opinion it is, hecause of a 
 violation of any provision of this chapter or of any rules made 
 thereunder, so unsafe or unsanitary as to endanger life or health. 
 
 2, In case any lawful order issued hy the commissioner is not 
 complied with, or the commissioner certifies in writing thai an 
 emergency exists requiring such action, he may issue an order as 
 provided in subdivision one of this section. Such order shall he 
 addressed and served as provided in section forty-six. When- 
 ever any order to vacaie served as aforesaid shall not have heen 
 complied with, within the time designated therein, the commis- 
 sioner may apply to any judge of the supreme court, who, upon 
 such notice a^ he may fix, may grant an order directing the com- 
 missioner to vacate such huilding or premises, or so much thereof 
 as said commissioner may deem necessary, and prohibiting and 
 enjoining all persons from using or occupying the same for any 
 purpose until such measures are taken as may he required hy such 
 order. 
 
 Note.— New. 
 
 ARTICLE XVI. 
 
 LAWS REPEALED; WHEN TO TAKE EFFECT. 
 
 Section [240]575. Laws repealed. 
 
 124:12376, When to take effect 
 
 § [240] Jt.10. Laws repealed. Of the laws enumerated in the 
 schedule hereto annexed, that portion specified in the last column 
 is hereby repealed. 
 
 § [241] J^ll. When to take effect This chapter shall take 
 
 
 LAI* MKJ^l . 
 
 Schedule of 
 
 Laws Repealed, 
 
 Laws of 
 
 Chapter 
 
 Section 
 
 1833 
 
 > . . . of ....*• 
 
 . . . . All 
 
 1853 
 
 ... 641 
 
 . . . . AU 
 
 1867 
 
 ... 856 
 
 . . . . All 
 
 1867 
 
 ... 969 
 
 .... All 
 
! 
 
 . i 
 
 270 Appendix I — Bills Submitted to the Legislature 
 
 Appendix I — Bills Submitted to the Legislature 271 
 
 . K 
 
 . p 
 
 Laws of 
 1868 
 
 1869 
 
 Chapter 
 ... 717 
 
 • • • %j ^ si •••••••• 
 
 Section 
 
 2, part suspending opera- 
 tion of L. 1867, Ch. 969, 
 § 10, last two sentences 
 • . 2, part axnendinflT L. 1867t 
 
 1870 
 
 . . . 385 
 
 Ch. 969 
 . . All 
 
 1871 
 
 . .. 934 
 
 8 
 
 1874 
 
 1875 
 
 ... 614 
 
 . .. 472 
 
 . . All 
 All 
 
 1881 
 
 . .. 298 
 
 All 
 
 1883 
 
 1885 
 
 1885 
 
 ... 356 
 
 ... 314 
 
 . . . 376 
 
 .. All 
 .. AU 
 
 . . All 
 
 1886 
 
 .. . 151 
 
 All 
 
 1886 
 
 . .. 205 
 
 . . All 
 
 1886 
 
 . . . 409 
 
 All, except § 21, as added 
 by L. 1887, Ch. 462, § 4 
 All 
 
 1886 
 
 . .. 410 
 
 1887 
 
 1887 
 
 ... 63 
 
 . . . 323 
 
 . . All 
 . . All 
 
 1887 
 
 . . . 462 
 
 .. All 
 
 1887 
 
 1888 
 
 . .. 529 
 
 . .. 437 
 
 .. All 
 All 
 
 1889 
 
 1889 
 
 1889 
 
 ... 380 
 
 . .. 381 
 
 . .. 385 
 
 .. All 
 
 .. All 
 
 All 
 
 1889 
 
 . . . 560 
 
 AU 
 
 1890 
 
 1890 
 
 ... 218 
 
 . .. 388 
 
 .. All 
 .. All 
 
 1890 
 
 1890 
 
 1891 
 
 1892 
 
 1892 
 
 ... 394 
 
 . .. 398 
 
 . .. 214 
 
 . .. 517 
 
 . .. 667 
 
 .. All 
 .. All 
 .. All 
 .. All 
 
 .. All 
 
 1892 
 
 1892 
 
 ... 673 
 
 . .. 711 
 
 .. All 
 
 .. An 
 
 1893 
 
 1893 
 
 . .. 173 
 
 .. . 219 
 
 . . All 
 AU 
 
 1893 
 
 . .. 339 
 
 . . AU 
 
 1893 
 
 1893 
 
 . .. 691 
 
 ... 715 
 
 . . AU 
 .. AU 
 
 Laws of 
 
 Chapter 
 
 Section 
 
 1893 
 
 ... 717 
 
 .. AU 
 
 1894. 
 
 ... 277 
 
 .. AU 
 
 1894 
 
 . .. 373 
 
 .. AU 
 
 1894 
 
 ... 622 
 
 .. AU 
 
 1894 
 
 . .. 698 
 
 .. AU 
 
 1894 
 
 . .. 699 
 
 .. AU 
 
 1895 
 
 ... 324 
 
 .. AU 
 
 1895 
 
 ... 413 
 
 .. AU 
 
 1895 
 
 ... 518 
 
 .. AU 
 
 1895 
 
 ... 670 
 
 .. AU 
 
 1895 
 
 ... 765 
 
 .. AU 
 
 1895 
 
 . .. 791 
 
 .. All 
 
 1895 
 
 . . • 0«7t/ ........ 
 
 .. AU 
 
 1896 
 
 ... 271 
 
 .. AU 
 
 1896 
 
 . .. 384 
 
 .. AU 
 
 1896 
 
 . .. 672 
 
 .. AU 
 
 1896 
 
 ... 789 
 
 .. AU 
 
 1896 
 
 ... 931 
 
 1-4, 6, 7 
 
 1896 
 
 ... 936 
 
 .. AU 
 
 1896 
 
 ... 982 
 
 .. AU 
 
 1896 
 
 ... 991 
 
 .. AU 
 
 1897 
 
 ... 148 
 
 .. AU 
 
 1897 
 
 ... 415 
 
 .. AU 
 
 1899 
 
 ... 191 
 
 .. AU 
 
 1899 
 
 ... 192 
 
 .. All 
 
 1899 
 
 375 
 
 .. AU 
 
 1899 
 
 558 
 
 .. AU 
 
 1899 
 
 ... 567 
 
 .. All 
 
 1900 
 
 • • • ^«70 ......•• 
 
 .. AU 
 
 1900 
 
 533 
 
 .. AU 
 
 1901 
 
 ... «/.. ...... 
 
 .. AU 
 
 1901 
 
 ... 306 
 
 .. AU 
 
 1901 
 
 ... 475 
 
 .. AU 
 
 1901 
 
 ... 477 
 
 .. AU 
 
 1901 
 
 ... 478 
 
 .. All 
 
 1902 
 
 ... oO ........ 
 
 .. AU 
 
 1902 
 
 ... 454 
 
 .. AU 
 
 1902 
 
 ... 600 
 
 .. AU 
 
 1903 
 
 .. . 151 
 
 .. AU 
 
 1903 
 
 ... 184 
 
 .. AU 
 
 1903 
 
 ... 255 
 
 .. AU 
 
272 Appendix I — Bills Submitted to the Leqislatubb 
 
 ! I 
 
 i 
 
 I 
 
 Laws of Ch 
 
 1903 561 
 
 1904 291 
 
 1904 623 
 
 1904 550 
 
 1905 493 
 
 1905 518 
 
 1905 519 
 
 1905... 620 
 
 1906 129 
 
 1906 158 
 
 1906 178 
 
 1906 216 
 
 1906 275 
 
 190G 316 
 
 1900 366 
 
 1906 375 
 
 1906 401 
 
 1906 490 
 
 1906 506 
 
 1907 83 
 
 1907 243 
 
 1907 286 
 
 1907 291 
 
 1907..* 399 
 
 1907 418 
 
 1907 485 
 
 1907 490 
 
 1907 505 
 
 1907 507 
 
 1907 588 
 
 1907 627 
 
 1908 89 
 
 1908 174 
 
 1908 426 
 
 1908 442 
 
 1908 443 
 
 1908 620 
 
 apter Section 
 
 All 
 
 All 
 
 AU 
 
 All 
 
 All 
 
 All 
 
 AU 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 All 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 AU 
 
 1 
 
 I 
 
 I ' 
 
 § 2. Articles seven, thirteen, fourteen and fifteen of said chap- 
 ter are hereby repealed and sections nine, twelve, eighteen, nine- 
 teen, twenty, twentj-a, twenty-one, twenty-two (entitled " duties 
 
 Appendix I — Bills Submitted to the Legislature 273 
 
 relating to apprentices ")> seventy-three, eighty-seven, ninety, one 
 hundred and twenty-six, one hundred and thirty-four, one hundred 
 and thirty-four-c, one hundred and thirty-five, one hundred and 
 thirty-six, one hundred and fifty-five, one hundred and sixty, one 
 hundred and sixty-one-b, one hundred and sixty-two, one hundred 
 and sixty-three, one hundred and sixty-four, one hundred and 
 sixty-five, one hundred and sixty-six, one hundred and sixty- 
 seven, one hundred and seventy, one hundred and seventy-two and 
 one hundred and seventy-three of said chapter and all other sec- 
 tions thereof not amended by or included in section one of this 
 act, are hereby repealed. 
 
 § 3. Section ninety-four of chapter twenty-one of the laws of 
 nineteen hundred and nine, entitled "An act relating to education, 
 constituting chapter sixteen of the consolidated laws," as amended 
 dred and ten, is hereby further amended by adding thereto a new 
 by chapter one hundred and forty of the laws of nineteen hun- 
 subdivision after subdivision eight to be subdivision eight-a thereof 
 and to read as follows : 
 
 8-a, The commissioner shall procure with the consent of the fed- 
 eral authorities complete lists giving the names, ages and destinor 
 tim within the state of all alien children of school age and such 
 other facts as will tend to identify them, and shall deliver copies of 
 such lists to the several hoards of education and school hoards in 
 the respective localities within the state to which said children shall 
 he destined, to aid in the enforcement of the provisions of the edur 
 cation law relative to the compulsory attendance at school of chil- 
 dren of school age. 
 
 Note.— Taken from old section 153, subdivision 2, of the Lalwr Law, with- 
 out change of substance, except that the duty is transferred from the com- 
 missioner of labor to the commissioner of education. 
 
 § 4. Chapter twenty-one of the laws of nineteen hundred and 
 nine, entitled "An act relating to education, constituting chapter 
 sixteen of the consolidated laws,'' as amended by chapter one hun- 
 dred and forty of the la\^^ of nineteen hundred and ten, is hereby 
 further amended by adding thereto a new article after article 
 twenty-two, to be article twenty-two-a thereof, to read as fol- 
 lows: 
 
 / 
 
274 Appendix I — Bili^ Submitted to the Legislature 
 
 Appendix I — Bills Submitted to the Legislature 275 
 
 h 
 
 I I ii 
 
 
 1 1 
 
 I ; 
 
 iii 
 
 ARTICLE 22'A. 
 
 EMPLOYMENT OF CHILDREN IN STREET TRADES, 
 
 Section 610, Prohibited employment of children in street trades, 
 
 611, Permit and badge for children engaged in street 
 
 trades, how issued, 
 
 612, Contenis of permit and badge, 
 
 6 15, Regulations concerning badge and permit, 
 61J^, Limit of hours, 
 
 616, Employ m^ent of children in carrying and distribtd- 
 
 ing newspapers, 
 
 616, Enforcement of article, 
 
 617, Violation of this article, how punished, 
 
 618, Punishment of parent, guardian or other person 
 
 contributing to the delinquency of children, 
 
 § 610. Prohibited employment of children in street trades. No 
 male child under twelve, and no girl under sixteen years of age, 
 shall in any city of the first, second or third class sell or expose 
 or offer for sale newspapers, magazines or periodicals in any street 
 or public place, 
 
 §611. Permit and badge for children engaged in street trades, 
 how issued. No male child under fourteen years of age shall sell 
 or expose or offer for sale said articles unless a permit and badge 
 as hereinafter provided shall have been issued to him by the dis- 
 trict superintendent of the board of education of the city and school 
 district where said child resides, or by such other officer thereof 
 as may be officially designated by such board for that purpose, 
 on the application of the parent, guardian or other person having 
 the custody of the child desiring such permit and badge, or in case 
 said child has no parent, guardian or custodian then on the applicor 
 tion of his next friend, being an adult. Such permit and badge 
 shall not be issued until the officer issuing the same shall have re- 
 ceived, examined, approved and placed on file in his office satis- 
 factory proof that such male child is of the age of twelve years or 
 upwards, and shall also have received, examined and placed on file 
 the written statement of the principal or chief executive officer 
 of the school which the child is attending, stating that such chUd 
 is an attendant at such school, that he is of normal development of 
 a child of his age and physically fit for such employment, and that 
 said principal or chief executive officer approves the granting of a 
 
 permit and badge to such child. No such permit or badge shall 
 be valid for any purpose except during the period in which such 
 proof and written statement shall remain on file, nor shall such 
 permit or badge be authority beyond the period fixed therein 
 for its duration. After having received, examined and placed 
 on file such papers the officer shall issu^ to the child a permit and 
 badge. Principals or chief execuiive officers of schools in which 
 children under fourteen years are pupils shall keep complete lists 
 of all children in their schools to whom a permit and badge as 
 herein provided have been granted, 
 
 § 612, Contents of permit and badge. Such permit shall state 
 the date and place of birth of the child, the name and address of 
 its parent, guardian, custodian or next friend, as the case may be, 
 and describe the color of hair and eyes, the height, weight and any 
 distinguishing facial mark of such child, and shall further state 
 that the papers required by the preceding section have been duly 
 examined and filed; and that the child named in such permit has 
 appeared before the officer issuing the permit. The badge fur- 
 nished by the officer issuing the permit shall bear on its face a 
 number corresponding to the number of the permit, and the name 
 of the child. Every such permit, and every such badge on its re- 
 verse side, shall be signed in the presence of the officer issuing the 
 same by the child in whose name it is issued. 
 
 § 61 S, Regulations concerning badge and permit. The badge 
 provided for herein shall be worn conspicuously at all times by 
 such child while so working; and all such permits and badges shall 
 expire annually on the first day of January, The color of the 
 badge shall be changed each year. No child to whom such permit 
 and badge are issued shall transfer the same to any other person 
 nor be engaged in any city of the first, second or third class as a 
 newsboy, or shall sell or expose or offer for sale newspapers, maga- 
 zines or periodicals in any street or public place without having 
 conspicuously upon his person such badge, and he shall exhibit the 
 same upon demand at any time to any police, or attendance officer, 
 
 § 6H, Limit of hours. No chUd to whom a permit and badge 
 are issued as provided for in the preceding section shall sell or ex- 
 pose or offer for sale any newspapers, magazines or periodicals 
 after eight o'clock ifi the evening, or before six o'clock in the 
 morning. 
 
f1 
 
 276 
 
 Appendix I — Bills Submitted to the Leoislatube 
 
 I 
 
 n 
 
 T 
 
 1! 
 
 § 615, Employment of children in carrying and distributing 
 newspapers. Upon obtaining a permit and badge as provided by 
 this section, a male child over twelve years of age between the close 
 of school and six-thirty o'clock in the afternoon and a male chUd 
 over fouHeen years of age between five-thirty and eight o'clock in 
 the morning may be employed to carry and distribute newspapers 
 on a newspaper route in a city or village, if no other work or emr 
 ployment be required or permitted to be done by any such child dur- 
 ing that time. The badge or permit required by this section shall 
 be issued to such child by the district superintendent or the board 
 of education of the city or village and school district where such 
 child resides, or by such other officer thereof as may be officially 
 destgmited by such board for that purpose, on the application of 
 the parent, guardian or other person having the custody of the 
 child desiring such permit and badge, or in case such child has no 
 parent, guardian or custodian then on the application of his next 
 friend, being an adult. Such permU and badge shall not be issued 
 until the officer issuing the same shall have received, examined, 
 approved and placed on file in his office satisfactory proof that such 
 ynale child is of the age prescribed by this section, and shall also 
 have received, examined and placed on file the written statement of 
 the principal or chief executive officer of the school which the 
 child is attending, stating that such child is an attendant at such 
 school, thai he is of the normal development of a child of his age 
 and physically fit for such employment, and that such principal 
 or chief executive officer approves the granting of a permit and 
 badge to such child. No such permit or badge shall be valid for 
 any purpose except during the period in which such proof and 
 written statement shall remain on file, nor shall such permit or 
 badge be authority beyond the period fixed therein for its duration. 
 After having received, examined and placed on file such papers the 
 officer shall issu^ to the child a permit and badge. Such permit 
 shall state the date and place of birth of the child, the name and 
 address of its parent, guardian, custodian or next friend, as the 
 case may be, and describe the color of hair and eyes, the height and 
 weight and any distinguishing facial mark of such child, and shall 
 further state that the papers required by this section have been 
 duly examined and filed; and that the child named in such permit 
 has appeared before the officer issuing the permit. The badge 
 furnished by the officer issuing the permit shall bear on its fare a 
 number corresponding with the number of the permit, and ihe 
 
 
 Appendix I — Bills Submitted to the Legislature 277 
 
 name of the child. Every such permit, and every such badge on 
 its reverse side, shall be signed in the presence of the officer issuing 
 the same by the child in whose name it is issued. The budge pro- 
 vided for herein shall be worn conspicuously at all times by such 
 child while so working; and all such permits and badges shall 
 expire annually on the first day of January, The color of the 
 badge sliall be changed each year. No child to whom such permit 
 a/nd badge are issued shall transfer the same to any other person 
 nor be engaged in any city or village in distributing newspapers 
 without having conspicuously upon his person such badge, and he 
 shall exhibit the same upon demand at any time to any police or 
 attendance officer, 
 
 § 616, Enforcement of article. In cities of the first, second or 
 third class, police officers, and the regular attendance officers ap- 
 pointed by the board of education, who are hereby vested with the 
 powers of peace officers for the purpose, shall enforce the provi- 
 sions of this article, 
 
 § 617. Violation of this article, how punished. Any chUd who 
 shall, in any city of the first, second or third class, sell or expose 
 or offer for sale newspapers, magazines or periodicals in violation 
 of the provisions of this article may be deemed and adjudged in 
 need of the care and protection of the state, and if over seven years 
 of age may be adjudged guilty of juvenile delinquency, A child 
 violating the provisions of this act may be arrested and in the city 
 of New York be brought before a children's court and in any other 
 city be brought before a court or magistrate having jurisdiction to 
 commit a child to an incorporated charitable reformatory or other 
 institution and be dealt with according to law. If any such child 
 is committed to an institution, it shall, when practicable, be com- 
 mitted to an institution governed by the same religious faith as 
 ihe parents of su^h child. The permit and badge of any child who 
 violates the provisions of this aHicle may be revoked by the officer 
 issuing the same, upon the recommendation of the principal or 
 chief executive officer of the school which such chUd is attending, 
 or upon the complaint of any police officer or attendance officer, 
 and su^h child shall surrender the permit and badge so revoked 
 upon the demand of any attendance officer or police officer charged 
 with the duty of enforcing the provisions of this article. The re- 
 fusal of any child to surrender such permit and badge, upon such 
 
''I 
 
 278 Appendix I — Bills Submitted to the Legislature 
 
 demand, or the sale or offering for sale of newspapers, magazines 
 or periodicals in any street or public place by any child after notice 
 of the revocation of such permit and badge shall be deemed a vuh 
 lotion of this article and shall subject the child to the penalties 
 provided for in this section, 
 
 § 618, Punishment of parent, guardian or other person for con- 
 tributing to the delinquency of children. The parent, guardian or 
 other person having the custody of a child, who omits to exercise 
 reasonable diligence to prevent such child from violating the pro- 
 visions of this act, shall be guilty of a misdemeanor and shall be 
 dealt with as provided by section four hundred and ninety-four of 
 the penal law. In any su^h proceedings against any such parent, 
 guardian or other person having custody of such child, proof of the 
 presence of such child in the public streets engaged in the sale 
 or exposure or offering for sale of newspapers, magazines or peri- 
 odicals in violation of the provisions of this article, shall be deemed 
 prima facie proof of the lack of reasonable diligence in the con- 
 trol of such child by such parent, guardian or custodian, to pre- 
 vent such offense by such child. 
 
 Note.— All of the foregoing sections, except S «15, taken without change 
 of substance from Article XV of the Labor Law; f 615 taken without chanire 
 from old { 161-b of the Labor Law. 
 
 § 5. Chapter twenty-eight of fhe laws of nineteen hundred and 
 nine, entitled ^*An act relating to corporations generally, consti- 
 tuting chapter twenty-three of the consolidated laws," is hereby 
 amended by adding thereto a new section, to be section two hun- 
 dred and sixty-one-a thereof, and to read as follows: 
 
 § 261-a, Payment of wages by receivers. Upon the appoint- 
 ment of a receiver of a corporation organized under the laws of 
 this state and doing business therein, other than a moneyed corpo- 
 ration, the wages of the employees of such corporation shall be 
 preferred io every other debt or claim. The provisions of section 
 two hundred and thirty of this chapter do not apply to the provi- 
 sions of this section. 
 
 Note. — Taken without change of eubstance from § 9 of the Labor Law. 
 
 § 6. Chapter forty-four of the laws of nineteen hundred and 
 nine, entitled "An act in relation to partnership, constituting chap- 
 ter tbirty-nine of the consolidated laws," is hereby amended by 
 
 Appendix I — Bills Submitted to the Legislature 279 
 
 adding thereto a new section, to be section eight thereof, and to 
 read as follows ; 
 
 § 8. Payment of wages by receivers. Upon the appointment of 
 a receiver of a partnership the wages of the employees of such 
 partnership shall be preferred to every other debt or claim. 
 Note. — Taken without change of substance from f 9 of the Labor Law. 
 
 § 7. Section twelve hundred and seventy-five of chapter 
 eighty-oight of the laws of nineteen hundred and nine, entitled 
 " An act to provide for the punishment of crime, constituting 
 chapter forty of the consolidated laws," as amended by chapter 
 seven hundred and forty-nine of the laws of nineteen hundred 
 and eleven, chapter three hundred and eighty-three of the laws of 
 nineteen hundred and twelve and chapter three hundred and forty- 
 nine of the lawB of nineteen hundred and thirteen, is hereby 
 further amended to read as follows: 
 
 § 1275. Violations of provisions of labor law; the industrial 
 code; the rules and regulations of the industrial board of the de- 
 partment of labor ; orders of the commissioner of labor. Any per- 
 son who violates or does not comply with any provision of the 
 labor law, any provision of the industrial code, any rule or regu- 
 lation of the industrial board of the department of labor, or any 
 lawful order of the commissioner of labor; and any person who 
 knowingly makes or permits to be made a false statement or entry 
 in or in relation to [any application made for an employment cer- 
 tificate as to any matter required by articles six and eleven of the 
 labor law to appear in any affidavit, record, transcript or certifi- 
 cate therein provided for,J any affidavit, certificate, transcript, 
 time-book, register, record, report, documentary evidence or other 
 papers required to be made or kept under any provision of the 
 labor law is guilty of a misdemeanor and upon conviction shall be 
 pimished, except as in this chapter otherwise provided, for a first 
 offense by a fine of not less than twenty nor more than fifty 
 dollars or by imprisonment for not more than ten days or by both 
 such fine and imprisonment; for a second offense by a fine of 
 not less than fifty nor more than two hundred and fifty dollars, 
 or by imprisonment for not more than thirty days or by both 
 such fine and imprisonment ; for a third or subsequent offense by 
 a fine of not less than two hundred and fifty dollars nor more, 
 than five thousand dollars, or by imprisonment for not more than 
 sixty days, or by both such fine and imprisonment. 
 
 \ 
 
t 
 
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 280 Appendix I — Bills Submitted to the Leoislatuhk 
 
 § 8. Sections six hundred and twenty, twelve hundred and sev- 
 enty, twelve hundred and seventy-one, twelve hundred and seventy- 
 two, twelve hundred and seventy-four, twelve hundred and seventy- 
 six and twelve hundred and seventy-seven of chapter eighty-eight 
 of the laws of nineteen hundred and nine, entitled "An act to 
 provide for the punishment of crime, constituting chapter forty 
 of the consolidated laws," as amended, are hereby repealed. 
 
 § 9. There is hereby enacted a new chapter of the consolidated 
 laws to be chapter sixty-eight thereof, and inserted after chapter 
 sixty-seven and to read as follows: 
 
 CHAPTER LXVIII OF THE CONSOLIDATED LAWS. 
 
 EMPLOYERSr LIABILITY. 
 
 Article 1. Short title. (§ 1.) 
 
 2. Employers' liability. (§§ 2-15.) 
 S. Laws repealed; construction; when to take effect. 
 (§.§ 16-18.) 
 
 ARTICLE 1. 
 
 BBORT TITLE. 
 
 Section 1. Short title. 
 
 Section 1. Short title. This chapter shall he known m the 
 " employers^ liahility law." 
 
 ARTICLE 2. 
 
 EMPLOYERS' LIABILITY. 
 
 Section 2. Employers liability for injuries. 
 
 5. Notice to he served. 
 
 4. Assumption of risks; contributory negligence, when a 
 
 question of fact. 
 
 6. Trial; burden of proof. 
 
 6. Defense; insurance fund. 
 
 7. Existing rights of action continued. 
 
 5. Consent by employer and employee to compensation 
 
 plan. 
 9. Liability to pay compensation; notice of acciderd. 
 
 10. Amount of compensation; persons entitled; physical 
 
 examination. 
 
 11, Settlement of disputes. 
 
 
 Appendix I — Bn.LS Submitted to the Legislatuee 281 
 
 12. Preferential claim; not assignable or subject to aitachr 
 
 ment; attorney's fee. 
 IS. Cancellaiion of consent. 
 
 14. Reports of compensation plan. 
 
 15. Reports by employer. 
 
 § 2. Employer's liability for injuries. When personal injury 
 is caused to an employee who is himself in the exercise of dwe 
 care and diligence at the time: 
 
 1. By reason of any defect in the condition of the ways, works, 
 machinery, or plant, connected with or used in the business of the 
 employer which arose from or had not been discovered or remedied 
 owing to the negligence of the employer or of any person in the 
 service of the employer and intrusted by him with the duty of 
 seeing that the ways, works, machinery, or plant, were in proper 
 condition; 
 
 2. By reason of the negligence of any person in the service of 
 the employer intrusted with any superintendence or by reason of 
 the negligence of any person intrusted with authority to direct, 
 control or command any employee in the performance of the duty 
 of such employee. The employee, or in case the injury results in 
 death, the executor or administrator of a deceased employee who 
 has left him surviving a husband, wife or next of kin, shall have 
 the same right of compensation and remedies against the employer 
 ai if the employee had not been an employee of nor in the service 
 of the employer nor engaged in his work. The provisions of law 
 relating to actions for causing death by negligence, so far as the 
 same are consistent with this act, shall apply to an action brought 
 by an executor or administrator of a deceased employee, suing 
 under the provisions of this article. If an employer enters into 
 a contract, written or verbal, with an independent contractor to 
 do part of such employer's work, or if such contractor enters into 
 a contract with a subcontractor to do all or any part of the work 
 comprised in such contractor s contract with the employer, such 
 contract or subcontract shall not bar the liability of the employer 
 for the injuries to the employees of such contractor or subcon- 
 t actor, caused by any defect in the condition of the ways, works, 
 machinery, or plant, if they are the property of the employer or 
 are furnished by him, and if such defect arose, or had not been 
 discovered or remedied, through the negligence of the employer. 
 
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 282 Appendix I — Bills Submitted to the Leoislatuke 
 
 or of some person intrusted hy him unth the duty of seeing thai 
 they were in proper condition. 
 
 § S, Notice to he served. No action for recovery of compensa- 
 tion for injury or death under this article shall he maintained 
 unless notice of the time, place and cause of the injury is given 
 to the employer within one hundred and twenty days and the ac- 
 tion is commenced within one year after the occurrence of the 
 accident causing the injury or death. The notice required hy this 
 section shall he in writing and signed hy the person injured or 
 hy some one in his hchalf, hut if from physical or mental in- 
 capacity it is impossihle for the person injured to give notice 
 within the time provided in this section, he may give the same 
 within ten days after such incapacity is removed. In case of his 
 death without having given such notice, his executor or admin- 
 istrator may give such notice within sixty days after his appoint- 
 ment, hut no notice under the provisions of this section shall he 
 deemed to he invalid or insufficient solely hy reason of any in- 
 accuracy in stating the time, place or cause of the injury if it he 
 shown that there was no intention to mislead and that the party 
 entitled to notice was not in fact misled therehy. If su4^h notice 
 does not apprise the employer of the time, place or cause of in- 
 jury, he may, within eight days after service thereof, serve upon 
 the sender a written demand for a further notice, which demand 
 must specify the particular in which the first notice is claimed 
 to he defective, and a failure hy the employer to make such de- 
 mand as herein provid<id shall he a waiver of all defects that the 
 notice may contain. After service of such demand as herein pro- 
 vided, the sender of such notice may at any time within eight 
 days thereafter serve an amended notice which shall supersede 
 such first notice and have (he same effect as an original notice 
 hereunder. The notice required hy this section shall he served on 
 the employer, or if there is more than one employer, upon one of 
 such employers, and may he served hy delivering the same to or ai 
 the residence or place of husiness of the person on whom it is to 
 he served. The notice or demand may he served hy post hy letter 
 addressed to the person on whom it is to he served, at his last 
 known place of residence or place of husiness, and if served hy 
 post shall he deemed to have heen served at the time when the 
 letter containing the same would he delivered in the ordinary 
 
 Appendix I — Bills Submitted to the Legislatubb 283 
 
 course of the post. When the employer is a corporation, notice 
 shall he served hy delivering the same or hy sending it hy post 
 addressed to the office or principal place of husiness of su^h cor- 
 poration. 
 
 § i. Assumption of risks; contributory negligence, when a ques- 
 tion of fact. An employee hy entering upon or continuing in the 
 service of the employer shall he presumed to have assented to the 
 necessary risks of the occupation or employment and no others. 
 The necessary risks of the occupation or employment shall, in all 
 cases arising after the first day of September, nineteen hundred 
 and ten, he considered as including those risks, and those only, in- 
 herent in the nalure of the husiness which remain after the ewv 
 ployer has exercised due care in providing for the safety of his em* 
 ployees, and has complied with the laws affecting or regulating 
 such business or occupation for the grealer safety of such em- 
 ployees. In an action brought to recover damages for personal iw 
 jury or for death resulting therefrom received after the first day 
 of September, nineteen hundred and ten, owing to any cause, in- 
 cludiru) open and visible defects, for which the employer would be 
 liable hut for the hitherto available defense of assumption of risk 
 hy the employee, the fact that the employee continued in the serv- 
 ice of the employer in the same place and course of employment 
 after the discovery by such employee, or after he had heen in- 
 formed of the danger of personal injury therefrom shall not he, 
 as matter of fact or as matter of law, an assumption of the risk of 
 injury therefrom, hut an employee, or his legal representative, shall 
 not he entitled under this article to any right of compensation or 
 remedy against the employer in any case where such employee 
 knew of the defect or negligence which caused the injury and 
 failed, within a reasonable time, to give, or cause to he given, in- 
 formation thereof to the employer, or to some person superior to 
 himself in the service of the employer, or who had intrusted to 
 him some superintendence, unless it shall appear on the trial that 
 such defect or negligence was known to such employer, or superior 
 person, prior to such injuries to the employee; or unless such de- 
 fect could have been discovered hy such employer hy reasonable 
 and proper care, tests or inspection. 
 
 § 6, Trial; burden of proof. On the trial of any action brought 
 hy an employee or his personal representative to recover damages 
 
 I 
 
II 
 
 
 t 
 
 1 ^ 
 
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 I <l 
 
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 284 Appendix I — Bills Submitted to the Leqislatubb 
 
 for negligence arising ovi of and in the course of such employ 
 merit, contributory negligence of the injured employee shall be a 
 defense to be so pleaded and proved by the defendant, 
 
 § 6, Defense; insurance fund. An employer who shall have 
 contributed to an insurance fund created and maintained for the 
 mutual purpose of indemnifying an employee for personal in- 
 juries, for which compensation may be recovered under this arti- 
 cle, or to any relief society or benefit fund created under the laws 
 of this state, may prove in mitigation of damages recoverable by 
 an employee under this article such proportion of the pecuniary 
 benefit which has been received by such employee from such fund 
 or society on a^couid of such contrtbulion of the employer, as the 
 contribvlion of such employer to such fund or society bears to the 
 whole contribution thereto. 
 
 § 7. Existing rights of action continued. Every right of action 
 existing on the seventeenth day of February, nineteen hundred 
 and nine, for negligence or to recover damages for injuries result- 
 ing in death is continued and nothing in this article contained 
 shall be construed as limiting any such right of action, nor shall 
 the failure to give the notice provided for in section three of this 
 article he a bar to the maintenance of a suit upon any such exist- 
 ing right of action. 
 
 § 8. Consent by employer and employee to compensation plan^ 
 When and if any employer in this state and any of his employees 
 shall consent to the compensaiion plan described in sections nine 
 to fifteen, inclusive, of this article^ hereinafter referred to as the 
 plan, and shall signify their consent thereto in writing signed by 
 each of them or their authorized agents, and acknowledged in the 
 manner prescribed by law for talcing the acknowledgment of a con- 
 veyance of real property, and such writing is filed with the county 
 clerk of the county in which it is signed by the employee, then so 
 long as such consent has not expired or been canceled as herein- 
 after provided, such employee, or in case injury to him results in 
 death, his executor or administrator, shall have no other right of 
 action against the employer for personal injury or death of any 
 kind, under any statute or at common law, save under the plan so 
 
 Appendix I — Bills Submitted to the Legislatuee 285 
 
 conseided to, except where personal injury to the employee is 
 caused in whole or in part by the failure of the employer to obey 
 a valid order made by the commissioner of labor or other public 
 authority authorized to require the employer to safeguard his em- 
 ployees, or where such injury is caused by the serious or willful 
 misconduct of the employer. In such excepted cases thus de- 
 scribed, no right of action which the employee has at common law 
 or by any other statute shall be affected or lost by his consent to 
 the plan, if such employee, or in case of death his executor or ad- 
 ministrator, commences such action before accepting any benefit 
 under such plan or giving any notice of injury as provided in sec- 
 tion nine hereof. The commencing of any legal action whatso- 
 ever at common law or by any statute against the employer on ac- 
 count of such injury, except under the plan, shall bar the em- 
 ployee, and in the event of his death his executors, administrators, 
 dependents and other beneficiaries, from all benefit under the 
 plan. This section and sectioi^ nir^ to fifteen, inclusive, of 
 this article shall not apply to a railroad corporation, foreign or 
 domestic, doing business in this state, or a receiver thereof, or to 
 any person employed by suxJi corporation or receiver, 
 
 § 9. Liability to pay compensation; notice of accident. If per- 
 sonal injury by accident arising out of and in the course of the em- 
 ployment is caused to the employee, the employer shall, s^ibject as 
 hereinafter mentioned, be liable to poAf compensation under the 
 plan at the rates set out in section ten of this article: provided 
 that the employer shall not be liable in respect of any injury which 
 does not disable the employee for a period of at least two weeks 
 from earning full wages at the work at which he was employed, 
 %nd that the employer shall not be liable in respect of any injury 
 to the employee which is caused by the serious and willful miscon- 
 duct of that employee. No proceedings for recovery under the 
 plan provided hereby shall be maintained unless notice of the ac- 
 cident has been given to the employer as soon as practicable after 
 the happening thereof and before the employee has voluntarily 
 left the employment in which he was injured and during such 
 disability, and unless claim for compensation with respect to the 
 accident has been made within six months from the occurrence of 
 the accident, or in the case of death of the employee, or in the 
 event of his physical or mental incapacity within six months after 
 
286 
 
 Appendix I — Bills Submitted to the Legislature 
 
 B 
 
 it 
 
 fuch death or removal of such physical or mental incapacity, or 
 m event that weekly payments have been made under the plan, 
 wtthtn six months after such payments have ceased; but no want 
 of or defect or inaccuracy of a notice shall be a bar to the mainr 
 tenance of proceedings under the plan unless the employer proves 
 that he is prejudiced by said want, defect or inaccuracy. Notice 
 of the accident shall apprise the employer of the claim for com- 
 pensation under this plan and shall state the name and address of 
 the employee injured, the date and place of the accident and in 
 simple langmige the cause thereof. The notice may be served per- 
 somilly or by sending it by mail in a registered letter addressed to 
 the employer at his last known residence or place of business. 
 
 § 10. Amount of compensation; persons entitled; physical ex- 
 amination. The amount of compensation under the plan shall 
 be: 1. In case death results from injury: 
 
 (a) If the employee leaves a widow or next of kin at the time 
 of his death wholly dependent on his earnings, a sum equal to 
 twelve hundred times the daily earnings of the employee at the 
 rate at which he was being paid by the employer at the time of the 
 accident, but not more in any event than three thousand dollars. 
 Any weekly payments previously made under the plan shall be 
 deducted in ascertaining such amount payable on death. 
 
 (b) If such widow or next of kin or any of them are in part 
 only dependent upon his earnings, such sum not exceeding that 
 provided in subdivision a as may be determined to be reasonable 
 and proportionate to the injury to such dependents. 
 
 (c) If he leaves no widow, or next of kin so dependent in whole 
 or in part, the reasonable expenses of his medical attendance and 
 burial, not exceeding one hundred dollars. Whatever sum may be 
 determined to be payable under the plan, in case of death of the 
 injured employee, shall be paid to his legal representative for the 
 benefit of such dependents, or if he leaves no such dependents, for 
 the benefit of the person to whom the expenses of medical attend- 
 ance and burial are due. 
 
 2. Where total or partial incapacity for work at any gainful em- 
 ployment results to the employee from the injury, a weekly pay- 
 ment commencing at the end of the second week after the injury 
 and continuing during incapacity, subject as herein provided, not 
 exceeding fifty per centum of his average weekly earnings when at 
 
 Appendix I — Bills Submitted to the Legislature 287 
 
 work on full time during the preceding year during which he shall 
 have been in the employment of the same employer, or if he shall 
 have been employed less than a year, then a weekly payment of 
 not exceeding three times the average daily earnings on full time 
 for such less period. 
 
 In fixing the amount of the weekly payment, regard shall be had 
 to any payment, allowance or benefit which the workman may have 
 received from the employer during the period of his incapacity, 
 and in the case of partial incapacity the weekly payment shall in 
 no case exceed the difference between the amount of the average 
 weekly earnings of the workman before the accident and the aver- 
 age amount which he is earning or is able to earn in some suital)le 
 employment or business after the accident but shall amount to one- 
 half of such difference. In no event shall any weekly payment 
 payable under the plan exceed ten dollars per week or extend over 
 more than eight years from the dale of the accident. Any person 
 entitled to receive weekly payments under the plan is required, if 
 requested by the employer, to submit himself for examination by 
 a duly qualified medical practitioner or surgeon provided and paid 
 for by the employer, at a time and place reasonably convenient 
 for the employee, within three weeks after the injury, and there- 
 after at intervals not oftener than once in six weeks. If the work- 
 man refuses so to submit or obstructs the same, his right to weekly 
 payments shall be suspended until such examination shall have 
 taken place, and no compensation shall be payable under the plan 
 during such period. In case an injured employee shall be men- 
 tally incompetent at the time when any right or privilege accrues 
 to him under the plan, a committee or guardian of the incompetent 
 appointed pursuant to law may, on behalf of su^h incompetent, 
 claim and exercise any sxuih right or privilege with the same force 
 and effect as if the employee himself had been competent and had 
 claimed or exercised any such right or privilege; and no limitation 
 of time herein provided for shall run so long as said incompetent 
 employee has no committee or guardian. 
 
 § 11. Settlement of dispules. Any question of law or fact 
 arising in regard to the application of the plan in determining 
 the compensation payable thereunder or otherwise shall be deter- 
 mined either by agreement or by arbitration as provided in the 
 code of civil procedure, or by an action at law as herein provided. 
 In case the employer shall be in default in any of his obligations 
 
288 
 
 Appendix I — Bili^ Submitted to the Legislature 
 
 1 
 
 III 
 
 I 
 
 I' 
 
 1 1 
 
 to the employee under the plan, the injured employee or his com- 
 mittee or guardian, if such be appointed, or his executor or ad- 
 ministrator, may then bring an action to recover compensation 
 under the plan in any court having jurisdiction thereof as on a 
 written contract. Such action shall be conducted in the same man- 
 ner as an action at law for the recovery of damages for breach 
 of a written contract, and shall for all purposes, including the 
 determination of jurisdiction, be deemed such an action. The 
 judgment in such action, in favor of the plaintiff, shall be for 
 a lump sum equal to the amount of the payments then due and 
 prospectively due under the plan. In such action by an executor 
 or administrator the judgment may provide the proportions of 
 the award or the costs to be distributed to or between the several 
 dependents. If such determination is not made it shall be deter- 
 mined by the surrogate's court by which such executor or admin- 
 istrator is appointed, in accordance with the terms of this article 
 on petition of any party on su^h notice as su>ch court may direct, 
 
 § 12. Prefererdial claim; not assignable or subject to attach- 
 ment; attorney's fees. Any person entitled to weekly payments 
 under the plan against any employer shall have the same prefer- 
 ential claim therefor against the assets of the employer as now 
 allowed by law for a claim by such person against such employer 
 for unpaid wages or personal services. Weekly payments dus 
 under the plan shall not be assignable or subject to attachment, 
 levy or execution. No claim of an attorney for any contingent 
 interest in any recovery under the plan for services in securing 
 such recovery shall be an enforceable lien thereon, unless the 
 amount of the same be approved in writing by a justice of the 
 supreme court, or in case the same is tried in any court, before 
 the justice presiding at such trial. 
 
 § IS. Cancellation of conseni. When a consent to the plan shall 
 have been filed in the office of the county clerk as herein provided, 
 U shall be binding upon both parties thereto as long as the relation 
 of employer and employee exists between the parties, and expire 
 at the end of such employment, bul it may al any time be canceled 
 on sixty days' notice in writing from either party to the other. 
 Such notice of camcellation shall be effective only if served per- 
 sonally or sent by registered letter to the last known post-office 
 
 Appendix I — Bills Submitted to the Legislature 289 
 
 address of the party to whom it is addressed, but no notice of can- 
 cellation shall be effective as to a claim for injury occurring 
 prevums thereto. 
 
 § H. Reports of compensation plan. Each employer who shall 
 sign with any employee a consent to the plan shall, within thirty 
 days thereafter, file with the commissioner of labor a statement 
 thereof, signed by such employer, which shall show (a) the name 
 of the employer and his post-office address, (b) the name of the 
 employee and his last known post-office address, (c) the date of, 
 wnd office where the original consent is filed, (d) the weekly wage 
 of the employee at the time the consent is signed; unless such 
 statement is duly filed, such consent of the employee shall not 
 he a bar to any proceeding at law commenced by the employee 
 against the employer, 
 
 % 15. Reports by employer. Each employer of labor in this state 
 who shall have entered into the plan with any employee shall, on 
 or before the first day of January, nineteen hundred and eleven, 
 and thereafter and at such times as may be required by the com- 
 missioner of labor, make a report to such commissioner of all 
 amounts, if any, paid by him under such plan to injured em- 
 ployees, stating the name of such employees, and showing sepor 
 rately the amounts paid under agreement with the employees, and 
 the amounts paid after proceedings at law, and the proceedings 
 at law under the plan then pending. Such reports shall be verified 
 by the employer or a duly authorized agent in the same manner 
 as affidavits. 
 
 ARTICLE S. 
 
 LAWS REPEALED; CONSTRUCTION ; WHEN TO TAKE EFFECT. 
 
 Section 16. Laws repealed. 
 
 17. Construction. 
 
 18, When to take effect, 
 
 % 16. Laws repealed. Of the laws enumerated in the schedule 
 hereto annexed, that portion specified in the last column is hereby 
 repealed. 
 
 % 17. Construction. The provisions of this chapter shall be 
 construed as a continuation of the provisions of sections two 
 Vol. I — lb 
 
Ill 
 
 I :<■ 
 
 I 1 
 
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 II 
 
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 290 Appendix I — Bills Submittbd to the Leoiblatuse 
 
 hundred to two hundred and fmur of chapter thirti^-mx of the 
 laws of nineteen hundred and nine, as amended hy chapter three 
 hundred and fifty-two of the Urns of nineteen hundred and ten, 
 and not as a new enactmenL 
 
 § 18, This act shall take effect immediately, 
 
 80HBDULB OP LAWS RBPBALBB, 
 
 Laws of Chapter ' Section 
 
 ^^09 S6 toa-eoj^ 
 
 1910 S52 AU 
 
 Note. — Taken without change from old Article XIV of the Labor Law. 
 
 § 10. This act sh&ll take effect immediatedj. 
 
 WAGE COMMISSION 
 
 AN ACT 
 
 To protect the health, morals and welfare of women and minors 
 employed in industry by establishing a wage commission and 
 providing for the determination of living wages for women and 
 minors. 
 
 The People of the State of New York, represented in Senate 
 and Assembly, do enact as follows: 
 
 Section 1. State wage commission. A state wage commission, 
 hereinafter referred to as the conmiission, is hereby created, con- 
 sisting of three commissioners, to be appointed by the governor, 
 by and with the advice and consent of the senate, one of whom 
 skall be designated by the governor as chairman. The com- 
 missioner of labor shall also be an ex-officio member of the com- 
 mission but shall not have a vote on orders, decisions or deter- 
 minations. The term of office of appointive members of the com- 
 mission shall be for three years, except that the first members 
 tktreof shall be appointed for such terms that the term of one 
 member shall expire on January first, nineteen hundred and seven- 
 teen and on January first of every succeeding year. Successors 
 flliaU be appointed in like manner for a full term of three years. 
 Vaeamcies shall be filled in like manner by appointment for the 
 unexpired time. The commission shall have an official seal which 
 shall be judicially noticed. The commission shall publish an 
 official bulletin from time to time and shall make an annual report 
 to the legislature of its investigations and proceedings on or about 
 the first day of February. 
 
 § 2. Secretary and other employees. The commission may ap- 
 point and remove a secretary and such other employees as may 
 
 [291] 
 
 
292 Appendix I — Bills Submitted to the Leoislatube 
 
 Appendix I — Bills Submitted to the Leoislatube 293 
 
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 I 1 
 
 I 
 
 be needed to carry out the provisions of this chapter. The author- 
 ity, duties and compensation of all subordinates and employees 
 within the amount appropriated therefor shall be fixed by the 
 commission. 
 
 § 3. Salaries and expenses. Each commissioner phall be paid ten 
 dollars for each day's service. The commissioners and their sub- 
 ordinates shall be entitled to their actual and necessary expenses 
 while traveling on the business of the commission. The salaries 
 and compensation of the subordinates and all other expenses of the 
 commission within the amount appropriated therefor shall be paid 
 out of the state treasury upon vouchers signed by the chairman. 
 
 § 4. Sessions of commission. The commission shall hold stated 
 meetings at least once a month during the year and shall hold other 
 meetings at such times and places as the needs of the public service 
 may require, which meetings shall be called by the chairman or 
 by any two members of the commission. All meetings of the com- 
 mission shall be open to the public. The commission shall keep 
 minutes of its proceedings, showing the vote of each commissioner 
 upon every question and records of its examinations and other 
 official action. 
 
 § 6. Powers of individual commissioner. Any investigation, in- 
 quiry or hearing which the commission is authorized to hold or 
 undertake, may be held or taken hy or before any commissioner 
 or the secretary, and the decision, determination or order of a 
 commissioner or the secretary, when approved and confirmed by 
 the commission and ordered filed in its office, shall be deemed to 
 be the decision, determination or order of the commission. Each 
 commissioner and the secretary shall, for the purposes of this chap- 
 ter, have power to administer oaths, certify to official acts, take 
 affidavits and depositions, issue subpoenas, compel the attendance 
 of witnesses and the production of books, accounts, papers, records 
 and documents before the commission or before any wage board 
 created pursuant to this chapter. 
 
 § 6. Kules. The commission shall adopt reasonable rules regu- 
 lating and providing for the method of making investigations ; the 
 conduct of hearings, investigations and inquiries; the organization 
 and procedure of wage boards created pursuant to this chapter • 
 and otherwise for carrying into eflfect the provisions of this chapter 
 
 § 7. Technical rules of evidence or procedure not required. The 
 commission or a commissioner or secretary or a wage board in 
 making an investigation or inquiry or conducting a hearing shall 
 not be bound by common law or statutory rules of evidence or by 
 technical or formal rules of procedure. 
 
 § 8. Issuance of subpoena ; penalty for failure to obey. A sub- 
 poena shall be signed and issued by a commissioner or by the 
 secretary of the commission and may be served by any person of 
 full age in the same manner as a subpoena issued out of a court 
 of record. If a person fails, without reasonable cause, to attend 
 in obedience to a subpoena, or to be sworn or examined or answer 
 a question or produce a book or paper, or to subscribe and swear 
 to his deposition after it has been correctly reduced in writing, he 
 shall be guilty of a misdemeanor. 
 
 § 9. Recalcitrant witnesses punishable as for contempt. If a 
 person in attendance before the commission or a commissioner op 
 the secretary, or before any wage board, refuses, without reason- 
 able cause, to be examined, or to answer a legal and pertinent 
 question or to produce a book or paper, when ordered so to do by 
 the commission or a commissioner or the secretary, the commission 
 may apply to a justice of the supreme court upon proof by affidavit 
 of the facts for an order returnable in not less than two nor more 
 than five days directing such person to show cause before the 
 justice who made the order, or any other justice of the supreme 
 court, why he should not be committed to jail. Upon the return 
 of such order the justice shall examine under oath such person and 
 give him an opportunity to be heard ; and if the justice determines 
 that he has refused without reasonable cause or legal excuse to be 
 examined or to answer a legal and pertinent question, or to produce 
 a book or paper which he was ordered to bring, he may forthwith, 
 by warrant, commit the offender to jail, there to remain until he 
 submits to do the act which he was so required to do or is dia- 
 charged according to law. 
 
 § 10. Fees and mileage of witnesses. Each witness who appears 
 in obedience to a subpoena before the commission or a commis- 
 sioner or the secretary, or before a wage board or person employed 
 by the commission to obtain the required information, shall re- 
 ceive for his attendance the fees and mileage provided for wit- 
 nesses in civil cases in the supreme court, which shall be audited 
 
 !■■ 
 
 
294 Appendix I — Bills Submitted to the Leoisijltuse 
 
 and paid from the state treasury in the same manner as other 
 expenses of the commission. A witness subpoenaed at the instance 
 of a party other than the commission, a commissioner, the secre- 
 tary, or wage board or person acting under the authority of the 
 commission, shall be entitled to fees or compensation from the 
 state treasury, if the commission certify that his testimony was 
 material to the matter investigated, but not otherwise. 
 
 § 11. Depositions. The commission may cause depositions of 
 witnesses residing within or without the state to be taken in the 
 manner prescribed by law for like depositions in civil actions in 
 the supreme court 
 
 § 12. Labor department to furnish statistics. Upon request of 
 the commission, the commissioner of labor shall cause the bureau 
 of statistics and information or other bureaus of the department 
 of labor to gather such statistics and information as the comini»- 
 sion may require. 
 
 § 13. Register of women and minors. Every employer of women 
 and minors shall keep a register of the names and addresses of and 
 the wages paid to all women and minors employed by him, the 
 occupation of each and the number of hours that they are employed 
 by the day or by the week, and their actual working hours for 
 such periods, and every such employer shall on request, permit the 
 commission or any of its members or its secretary or agents to 
 inspect such register. Every such employer shall also furnish 
 in writing to the commission any information concerning the fore- 
 going matters that the commission may require. 
 
 § 14. Living waga The terms "living wage" or "living 
 wages " shall mean wages sufficient to supply the necessary cost of 
 living and to maintain the worker in health, and where the words 
 'Minimum wage " or " minimum wages " are used in this act they 
 shall be deemed to have the same meaning as " living wage " or 
 '* living wages." 
 
 § 16. Investigation of wages paid to women and minors. The 
 commission shall have power to investigate wages and working 
 conditions in any occupation in the state in order to determine 
 whether living wages are paid to women and minors employed 
 
 Appendix I — Bills Submitted to the Legislatuee 295 
 
 therein. Such investigation shall also be made at the request of 
 not less than one hundred persons engaged in any oocnpation in 
 which any women or minors are employed. The names of the 
 persons making such request shall not be made public 
 
 § 16. Creation of wage board. If after such investigation the 
 commission has reason to believe that a substantial number of 
 women and minors employed in the occupation investigated receive 
 less than living wages, the commission shall establish a wage board 
 consisting of an equal number of representatives of employers 
 in the occupation in question and of persons to represent such 
 employees in said occupation and of one or more disinterested 
 persons appointed by the commission to represent the public. So 
 far as practicable the selection of members representing employers 
 and employees shall be through election by employers and em- 
 ployees affected respectively. The commission shall designate 
 the chairman from among the representatives of the public and 
 shall exercise exclusive jurisdiction over all questions arising with 
 reference to the validity of the procedure and of the determination 
 of the board. The members of wage boards shall be compensated 
 at the same rate as jurors in civil cases in the supreme court in 
 the county of New York and shall be allowed the necessary travel- 
 ing and clerical expenses incurred in the performance of their 
 duties, which shall be paid as are the expenses of the commission. 
 
 § 17. Determinations of wage boards. Each wage board shall 
 have access to all of the statistics and information gathered by the 
 commission with reference to wages and conditions in any occu- 
 pation under investigation and any other data pertinent thereto. 
 Each wage board shall, after a careful investigation and after such 
 public hearings as it finds necessary, endeavor to determine the 
 amount of the living wage, whether by time rate or piece rate, 
 suitable for a female employee of ordinary ability in such occupa- 
 tion or any or all of the branches thereof, and also suitable mini- 
 mum wages for learners and apprentices and for minors below the 
 age of eighteen years. In determining such living wage the board 
 may take into consideration the financial condition of the industry 
 and distribute any advance in wages that may be found necessary, 
 to take effect at specified intervals. If the majority of the mem- 
 bers of the wage board agree upon such wage determinations, they 
 shall teport such determinations to the commission together with 
 a statement of the reasons therefor and facts relating thereta 
 
296 Appendix T — Bills Submittkd to the Legislature 
 
 Appendix I — Bills Submitted to the Legislatube 297 
 
 w 
 
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 § 18. Action of commission. If the commission deems proper, 
 it may, after it receives the report of a wage board, recommit 
 the subject or any part thereof to the same or to a new wage board. 
 If the report of a wage board is accepted by the commission, a 
 summary of its findings and determinations shall be published in 
 tlie bulletin of the commission and in such other manner as the 
 commission may deem advisable. Copies of the full report of the 
 wage board together with the testimony taken before it, shall be 
 kept on file at the office of the commission and open to public in- 
 spection. The commission shall hold a public hearing on the report 
 of the wage board, notice of which shall be published in such news- 
 papers as the board may prescribe, at least once, not less than 
 thirty days prior thereto, and given by mail to all parties in 
 interest who have filed requests therefor, with the commission. 
 The commission, upon consideration of the report and findings of 
 the wage board and the testimony taken at the public hearing, 
 shall then determine the amount of the living wage by time rate 
 or piece rate, suitable for a female employee of ordinary ability 
 in the occupation investigated, or any or all of the branches thereof, 
 and also suitable minimum wages for learners and apprentices 
 and for minors below the age of eighteen years. The commission 
 shall fix a time when its determination of such living wage shall 
 take effect which shall be not less than thirty days from the date 
 of entry of such determination. In determining such living wage 
 the commission may take into consideration the financial condition 
 of the industry and distribute any advance in wage that may be 
 found necessary to take effect at specific intervals. A summary of 
 the findings of the commission and its determinations and recom- 
 mendations shall be published in the bulletin of the commission 
 and in such newspapers as the commission may prescribe and in 
 such other manner as the commission may deem advisable. A 
 summary of such findings, determinations and reconamendations 
 shall be mailed to all persons who have filed requests therefor with 
 the commission. If the wage board fails to submit a report within 
 a reasonable time fixed by the commission, the subject may be re- 
 ferred to a new wage board or the commission itself, after notice 
 that the board has failed to make any determinations or recom- 
 mendations, may proceed to hold a public hearing and determine 
 the amount of the living wage in the manner hereinbefore pro- 
 vided. 
 
 § 19. Licenses to physical defectives. In any occupation or 
 branch thereof in which a minimum time rate of wages only, has 
 
 been fixed, the commission may issue to a woman physically defec- 
 tive a special license authorizing her employment for a wage less 
 than the legal minimum wage, provided that the number of such 
 licensees shall not exceed one-tenth of the entire number of women 
 and minor workers in any establishment. 
 
 § 20. Keconsideration of wage determinations. Whenever a 
 minimum wage rate has been established in any occupation, the 
 commission may, upon petition of either employers or employees, 
 reconvene the wage board or establish a new wage board and any 
 recommendation made by such board or Action thereby shall be 
 dealt with in the same manner as the recommendation or act of a 
 wage board, under sections seventeen and eighteen hereof. 
 
 § 21. Minors. The commission may inquire into wages paid 
 to minors in any occupation in which the majority of employees 
 are minors and may, after giving public hearings, determine the 
 minimum wage suitable for such minors. When the commission 
 has made such a determination it shall proceed in the same manner 
 as if the determination had been recommended to the commission 
 by a wage board. 
 
 § 22. Publication for failure to comply with determinations. 
 The commission shall from time to time make inquiry to deter- 
 mine whether employers in each occupation investigated are obey- 
 ing its orders and determinations and shall publish in such news- 
 ' papers as it may designate, the names of those employers who fail 
 to comply therewith. The type in which the employers' names 
 shall be printed shall not be smaller than that in which the news 
 matter of the paper is printed. Such publication may also be made 
 in anv other manner that the commission may determine to be 
 necessary or proper. 
 
 § 23. Newspapers to publish. Any newspaper neglecting to 
 publish the findings, orders, determinations, recommendations or 
 notices of the commission at its regular rates for the space taken 
 shall, upon conviction thereof, be punished by a fine of not less 
 than one hundred dollars for each offense. 
 
 § 24. No liability for publication. No member of the com- 
 mission and no newspaper publisher, proprietor, editor or em- 
 
298 
 
 Appendix T — Bills Rttbmitted to the Leotslatube 
 
 HI 
 
 'Pi 
 
 I i 
 
 ployee thereof, and no other person shall be liable to an action for 
 damages for publishing the name of any employer in accordance 
 with the provisions of this act, unless such publication contains 
 some wilful misrepresentation. 
 
 § 26. Improper discharge of employees. Any employer who 
 discharges or in any other manner discriminates against any em- 
 ployee because such employee has testified or is about to testify, 
 or has served or is about to serve upon a wage board, or is or has 
 been active in the formation thereof, or has given or is about to 
 give information conc*erning the conditions of such employee's 
 employment, or because the employer believes that the employee 
 may testify or may serve upon a wage board, or may give informa- 
 tion concerning the conditions of the employee's employment in 
 any investigation or proceeding relative to the enforcement of this 
 act, shall be guilty of a misdemeanor and upon conviction thereof, 
 shall be punished by a fine of not less than two hundred dollars 
 and not more than one thousand dollars for each offense. 
 
 § 26. This act shall take effect October first, nineteen hundred 
 and fifteen. 
 
 ■ 
 
 3. CONSOLroATION OF DEPARTMENTS INSPECT- 
 ING BUILDINGS IN NEW YORK CITY 
 
 An Act to enable the board of estimate and apportionment of the 
 city of New York to consolidate, readjust, reorganize and re- 
 constitute the various departments, boards and bureaus of such 
 city and the several boroughs thereof in so far as their juris- 
 diction relates to the inspection, construction, alteration, con- 
 version, equipment, occupancy or use of buildings and struc- 
 tures in such city. 
 
 The People of the State of New York, represented in Senate 
 and Assenibly, do enact as follows: 
 
 Section 1. The board of estimate and apportionment of the city 
 of New York is hereby authorized and empowered to consolidate, 
 readjust, reorganize and reconstitute, in whole or in part, any 
 or all of the various departments, boards and bureaus of such city 
 and the several boroughs thereof in so far as their jurisdiction re- 
 lates to the inspection, construction, alteration, conversion, equip- 
 ment, occupancy or use of buildings and structures in such city. 
 Such consolidation, readjustment, reorganization or reconstitu- 
 tion to take effect before the first day of January, nineteen hun- 
 dred and sixteen. The said board of estimate and apportionment 
 is hereby granted such rights, powers and jurisdiction as may be 
 necessary to effectuate the purposes of this act 
 
 § 2. No provision of any statute or ordinance shall operate so 
 as to defeat or limit the rights, powers or jurisdiction conferred by 
 
 this act. 
 
 § 3. The provisions of this act shall not affect or impair any 
 act done or right accruing, accrued or acquired, or liability, pen- 
 alty, forfeiture or punishment incurred prior to the time this act 
 takes effect, but the same may be asserted, enforced, prosecuted or 
 inflicted as fully and to the same extent as if this act had not been 
 em acted. 
 
 § 4. This act shall take effect immediately. 
 
 [299] 
 
1 
 
 II 
 
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 111 
 
 APPENDIX n 
 
 Bkiefs Submitted in Cases Involving Constitutionality of 
 Laws Recommended by Commission 
 
 1. People V. Schweinler Press — Court of Appeals — Law pro- 
 hibiting night work of women in factories. 
 
 2. Decision of Court of Appeals in People v. Schweinler Press, 
 sustaining the constitutionality of law prohibiting night work of 
 women in factories. 
 
 3. People V. Balafsky — Appellate Division, Second Depart- 
 ment — Law prohibiting manufacturing in teneii^ents of chil- 
 dren's wearing apparel. 
 
 1301] 
 
m 
 
 ! I 
 
 I 'I 
 
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 I. BRIEF ON CONSTITUTIONALITY OF LAW PRO- 
 HIBITING NIGHT WORK OF WOMEN IN 
 FACTORIES 
 
 COURT OF APPEALS, 
 State of New York 
 
 The People of the State of New York, 
 
 Respondents, 
 against 
 A Certain Corporation called Charles 
 
 SCHWEINLER PrESS, 
 
 Appellant. 
 
 Brief Submitted on Behalf of the New York State Factory 
 Investigating Commission as Amicus Curiae 
 
 STATEMENT 
 
 The appellant was convicted in the Court of Special Sessions of 
 the city of New York, on April 27, 1914, for a violation of section 
 93-b of the State Labor Law, which prohibits the employment of 
 women at labor in factories before six o'clock in the morning or 
 after ten o'clock in the evening of any day. The constitutionality 
 of this statute was challenged and the court granted a motion in 
 arrest of its judgment of conviction. An appeal was taken by the 
 People to the Appellate Division, First Department, which, by a 
 divided court, sustained the constitutionality of the statute and 
 reversed the order in arrest of judgment. This is an appeal by 
 the defendant from that order of reversal. 
 
 FACTS 
 
 The facts are set forth in the information in the case and are 
 not disputed. The defendant was the owner of a factory engaged 
 in the business of printing and binding, and on February 4, 1914, 
 
 [903] 
 
304 
 
 Appendix II 
 
 Beiefs Submitted by Commission 
 
 305 
 
 I y\ 
 
 /.'! 
 
 1 1 
 
 t: 
 
 unlawfully employed a woman, May Cashel, to work in its factory 
 from 10 ;24 p. m. on the evening of February 3, 1914, and thence 
 continuously to four o^clock on the morning of the following day. 
 The defendant did not deny that this employment was in violation 
 of section 93-b of the Labor Law. 
 
 Interest of the Factory Commission in this Case 
 
 The Xew York State Factory Investigating Commission, which 
 by permission of the court submits this brief as amicus curicv, was 
 created by chapter 561 of the Laws of 1911, and continued by 
 chapter 21 of the Laws of 1912, chapter 137 of the Laws of 1913, 
 and chapter 110 of the Laws of 1914. It was directed to inquire 
 into conditions generally under which manufacturing is carried on 
 throughout the State, and to make recommendations to the Legis- 
 lature for such legislation as might be found necessary to remedy 
 evil conditions disclosed. The Commission is still in existence, its 
 term of office not having expired. 
 
 Section 93-b of the Labor Law, the constitutionality of which is 
 now before this court, was one of a series of bills recommended by 
 the Factory Commission in its second report to the Legislature, 
 submitted January 15, 1913. 
 
 This case involves one of the most important questions of social 
 legislation before any court in recent years, and coupled with the 
 interest of the Commission in the outcome of any of the laws 
 recommended by it, there was felt to be a corresponding duty to * 
 submit to the court for its consideration all of the facts, findings 
 and conclusions that led to the enactment of this section of the 
 Labor Law. 
 
 History of Legislation With Kefekence to Nigut Work of 
 
 Women in Factories 
 
 In 1899 an act was passed by the Legislature (chapter 192 of 
 the Laws of 1899), which prohibited the employment of women in 
 factories before six o'clock in the morning or after nine o'clock in 
 the evening of any one day. This section of the Labor Law was 
 re-enacted by chapter 184 of the Laws of 1903, and read as 
 follows : 
 
 \ 
 
 "Section 77 * * * No minor under the age of eighteen 
 vears, and no female shall be Employed, permitted, or 
 suffered to work in any factory in this state before six 
 o'clock in the morning or after nine o'clock in the evening of 
 any day * * V 
 
 A case to test the constitutionality of this section was instituted 
 in the court of Special Sessions for the city of New York against 
 one WiUiams, the owner of a binding and printing factory. He 
 was convicted. The Appellate Division, by a divided court, ren- 
 dered a decision reversing the judgment of conviction and holding 
 the statute unconstitutional. 
 
 People V. Williams, 116 App. Div., 379. 
 
 An appeal was taken to the 'Court of Appeals, which unani- 
 mously affirmed the judgment of reversal of the Appellate Divi- 
 sion, and concurred in the determination that the statute was un- 
 constitutional. 
 
 People V. Williams, 189 N. Y. 131 (1907). 
 
 That was the situation when the Factory Investigating Commis- 
 sion commenced its investigations in 1912. 
 
 Investigation of the Commission 
 In connection with its general investigation of industrial condi- 
 tions, the Commission in 1912 made a special investigation of night 
 work of women in factories, and on January 15, 1913, submitted 
 a detailed report on the subject with its recommendations, to the 
 Legislature. This investigation and the report and findings 
 thereon are to be found in Volume I of the Second Report of the 
 Factory Investigating Commission, pages 193 to 215, and Volume 
 II of the same report, pages 439 to 459. 
 
 The Commission's investigation was conducted by a staff of 
 trained investigators, one of whom was a factory inspector, as- 
 signed to the Commission by the State Department of Labor. 
 
 The basis of the Commission's recommendations to the Legisla- 
 ture is not limited to conditions in one large industrial plant. It 
 is, however, the opinion of this Commission that the careful inten- 
 sive study that was made of the working and living conditions and 
 
 / 
 
III. 
 
 'I- 
 
 
 306 
 
 Appendix II 
 
 the home life of the one hundred and fifty women employed in the 
 continuous night shift in that establishment, the results of which 
 are before this Court for consideration, amplifies and authorita- 
 tively confirms all previous information and statistics gathered in 
 the worldwide movement to protect working women from the 
 dangers of night work. These are facts current, local, specific, 
 focussing by means of an intensive study in one particular in- 
 dustry the knowledge otherwise accimiulated. 
 
 The Conunission did not limit its investigations and studies to 
 the industrial establishment above referred to, although the shock- 
 ing conditions there disclosed, strikingly emphasized the need for 
 some remedial legislation for the protection of women workers. 
 
 The Commission also inquired into the subject of night work 
 of women as follows : 
 
 1. Conditions in the textile mills in Utica. 
 
 2. Conditions in canneries. 
 
 3. It accepted as one basis for its recommendations the 
 findings made in an official investigation conducted by the 
 United States Government (Eeport on Condition of Woman 
 and Child Wage-earners in the United States, Vol. V., p. 
 205), and to the extent that it was verified by that official in- 
 vestigation the Commission accepted the results of an inves- 
 tigation conducted into conditions in the bookbinding trade 
 by an able and impartial investigator, the results of which 
 are embodied in a recent publication (Women in the Book- 
 binding Trade; by Mary Van Kleeck of the Russell Sage 
 Foundation). 
 
 4. The Commission studied the laws in this and in Euro- 
 pean countries, prohibiting night work of women in factories ; 
 the conditions that led to their enactment and the results that 
 followed therefrom. 
 
 5. The Conmiission also made a careful study of the opin- 
 ions of experts concerning the effect of night work on the 
 health and morals of women employed in factories. 
 
 On the subject of the fairness of the investigation it should be 
 stated that the Commission, before it submitted its recommenda- 
 tions to the Legislature, issued for public consideration a series of 
 tentative bills for the improvement of working conditions, and that 
 
 V 
 
 Briefs Submitted by Commission 
 
 307 
 
 one of these tentative bills was that prohibiting night work of 
 women in factories. 
 
 " The Commission followed the procedure of issuing early 
 in the fall (of 1912), in the form of proposed bills, the most 
 important recommendations that had been received for reme- 
 dial legislation. These tentative bills embodied recommen- 
 dations, none of which had been formally passed upon by the 
 Commission. The Commission, however, believed that all 
 those who were interested in its work or who would be affected 
 by the legislation suggested, were entitled to know precisely 
 the reconmiendations which had been received from various 
 sources and were then under consideration. This method 
 has proved very successful. About thirty tentative bills, deal- 
 ing with different phases of the Commission's work, were sent 
 to several thousand persons throughout the state. As a result, 
 suggestions and criticisms were received from all of the vari- 
 ous interests. Associations of employers and of employees, 
 scientific societies and social organizations formed committees 
 to consider the proposed bills. From many of these were 
 received briefs and memoranda. Beyond doubt the issuance 
 of these tentative bills created great interest in the work of 
 ^e Conmiission and gave to it the benefit of the wisdom and 
 experience of very many employers, employees, social work- 
 ers, and experts throughout the state." 
 
 Second Report, New York State Factory Investigating 
 •Commission, Vol. I, pp. 19, 20. 
 
 Public hearings, which were given the widest publicity, were 
 held to consider these tentative proposals. Everyone interested 
 was given an opportunity to be heard. The Commission in its 
 report says, concerning the bill prohibiting night work of women 
 in factories : 
 
 " No objections to the proposed measure have been received 
 from any source although the bill has been widely distributed. 
 On the contrary the purpose of the bill has been commended 
 by physicians, by manufacturers and by all those having the 
 best interests of the State at heart." 
 
 Second Eeport, New York State Factory Investigating 
 Commission, Vol. I, p. 212. 
 
 > 
 
v 
 
 308 
 
 Appendix II 
 
 I 
 
 !• ;! 
 
 LI 
 1 i 
 
 I (.! 
 
 At this point, we wish to emphasize that although the Commis- 
 sion has been in existence for two years since the enactment of 
 this law and has held public hearings in every large city of the 
 State, it has received no objection to this law from anyone, except 
 the small group of workers in one particular industry represented 
 by the appellant in this case. To this we shall revert more fully 
 later. 
 
 In considering the investigation conducted by the Commission 
 and the comments on it made by the appellant, it should also be 
 borne in mind that among the members of the Commission which 
 reconmiended this night work bill to the Legislature, were Miss 
 Mary E. Dreier, the President of the Women's Trade Union 
 League, and Mr. Samuel Gompers, the President of the American 
 Federation of Labor. As against the conmients of the counsel for 
 the appellant, we offer to the Court the following extracts from the 
 opinion in this case in the Appellate Division below: 
 
 Mr. Justice Ingraham said, in referring to the investigation of 
 the Commission : 
 
 " That investigation seems to have been quite thoroughly 
 conducted and resulted in a report to the legislature which, 
 among other remedial legislation, reconmiended the enactment 
 of the statute now under consideration. The report of that 
 commission is startling both in regard to the effect on the 
 physical well-being of the night workers and the moral effect 
 upon the women who are employed in factories at night." 
 
 Mr. Justice Hotchkiss who concurred in the majority opinion, 
 said: 
 
 " The act under consideration was the result of a report to 
 the legislature by a Factory Investigating Commission, by 
 which the original act was proposed. No one who has read 
 that report can for a moment doubt the propriety of the act 
 having regard for the conditions in this state disclosed by the 
 report." 
 
 Findings of the Commission 
 
 The findings of the Commission are set forth in the Second 
 Report to the Legislature (Vol. 1, pp. 193-215), from which we 
 quote as follows: 
 
 Briefs Submitted by Commission 
 
 309 
 
 " None of the investigations carried on by the Commission 
 has shown conditions more dangerous to health and public 
 welfare than the employment of women at night in the fac- 
 tories of the State. Conditions of life were revealed which 
 seemed certain not only to destroy the health of the women 
 employed at night, but to threaten the very existence of the 
 young children dependent upon them for nourishment and 
 
 care. 
 
 For instance, in one large industrial plant in the central 
 part of the State, from 130 to 140 women were found at work 
 on night shift. They were employed for ten hours on five 
 nights of each week, from 7 p. m. to 5 a. m., with a break 
 of half an hour at midnight. The output of this factory 
 is twine made from hemp and the work involves exposure 
 to much dust, great noise, and in some rooms, great heat. 
 The married women who worked at night had on an average 
 about four and one-half hours of sleep in the day time ; they 
 prepared three meals each day, including breakfast which had 
 to be made ready immediately after the night's work. They 
 also did all the washing for their families. Many of them 
 returned to their homes after ten hours of work at night in 
 the dust and roar of the twine factory, to nurse their babies 
 in the morning and during the day time. 
 
 The Danger to Health from Night Work 
 
 The twine works were repeatedly visited by agents of the 
 Commission, both at night and during the day and individual 
 reports were secured, giving the personal histories of one 
 hundred of the women who worked on night shift. 
 
 The general appearance of the night workers in thus 
 described : 
 
 * Most of the women on the night shift are married,' 
 says the investigator. ^ The appearance of the women 
 workers is very disheartening. They are stolid, worn 
 looking, and pale. Their clothes, faces, and hands are 
 covered with oil and hemp dust.' 
 

 310 AppEimix II 
 
 And again: 
 
 * The women as a whole were a disheartening group, 
 in their oily, dust laden clothes, with drawn white faces 
 and stooping gait,' 
 
 ♦*♦♦♦♦♦•» 
 
 We have seen that the married women who worked on night 
 shift had on an average only about four and one-half hours 
 of sleep in the day time. 
 
 * The hours of sleep varied with the individual/ con- 
 tinues the investigator. * Some slept an hour or two in 
 the morning, and for a time in the afternoon; others 
 slept at intervals of about an hour each during the day. 
 They all slept in bedrooms which had been occupied dur- 
 ing the night by husband and children.' 
 
 Forty-eight of the women worked at night in the spinning 
 room of the mill, thirty in the balling room, twenty-two in 
 the preparing room. Of the conditions of work the investi- 
 gators say : 
 
 * Dust is the predominating evil.' Again : ' There is 
 considerable dust in nearly all parts of the mill. This 
 dust is caused by the nature of the raw product, hemp. 
 It fills the preparing room where the hemp bales are 
 opened and the hemp prepared. * ♦ * The dust 
 in this department is so thick that the clothes and caps 
 of the women are completely covered with it.' 
 
 Of the noise in which the women work, the investigator 
 says: 
 
 * The clatter of the machinery here is so frightful that 
 a voice can hardly be heard below a shriek. ♦ ♦ ♦ 
 The intense noise of the machinery must have some effect 
 on hearing and the nervous system. The investigator 
 had ringing in her ears and was somewhat deafened 
 when she went from the spinning room into the office. 
 * * * The night matron said she could not stay as 
 
 Briefs Submitted by Commission 
 
 311 
 
 long as the investigators did in the spinning room because 
 she couldn't stand the noise, but that the Poles were used 
 to it' 
 
 Besides noise and dust, some of the workers are subjected 
 while at work to great heat. ^ The spinning room in the 
 basement is eight or nine feet high. On hot days it must be 
 a veritable inferno.' * The watchman says that on very hot 
 nights, the temperature on the top floor is 108 degrees F.,' 
 writes the investigator quoted above. 
 
 The wages earned were as follows: 
 
 One-third of the women earned from $7 to $7.99 a week, 
 another third earned from $8 to $10 (28 earned from $8 to 
 $8.99, and from $9 to $10). Only one woman made $12 
 a week; 11 women made as little as from $6 to $7. The 
 remaining 23 received varying wages, so that an average 
 could not be accurately taken. 
 
 Most of the 100 women specially investigated were mar- 
 ried. There were 18 unmarried and 5 widowed. Of the 82 
 married or widowed nightworkers, 75 had children. Of the 
 children 24 were infants under 1 year, 19 between 1 and 
 2 years, 18 between 2 and 3 years, 17 between 3 and 4 years, 
 and 19 between 4 and 5 years. There were 43 children be- 
 tween 5 and 10 years of age. In many cases the mothers 
 explained that they worked at night, though they found the 
 labor exhausting, in order that they might nurse or take care 
 of their children in the day time. ' N. W. wants to work at 
 night on account of her baby which she is nursing.' * N. D. 
 wants to do night work on account of baby.' *N. T. is nurs- 
 ing her baby now and would rather work nights so that she 
 can feed the baby in the day time ; ' such are the repeated 
 reports of the investigators. Only a few of the women seemed 
 to realize that this combination might prove disastrous. 
 
 * Mrs. M. N changed from night to day work, be- 
 cause it took all her strength to stay up all day besides. 
 Now working days she gets up and dresses and cares for 
 all the children before she goes to work. 
 
 t^ . 
 
I 
 
 • m m 
 
 I 
 
 312 Appendix II 
 
 ^Another woman says she did uot like night work. It 
 was too hard. Quit three weeks ago. " I used to be 
 cross to my children when I worked nights, because I 
 was so tired all the time." ^ 
 
 The Danger to Health from Late Overtime Evening Work 
 
 The preceding examples illustrate the dangers of a regular 
 night shift. But far more usual than the all-night shift is 
 employment * overtime ' until late at night. In many trades 
 employees are required to work many hours after and in addi- 
 tion to the regular day's work, a practice which subjects 
 women already fatigued to the added strain of night employ- 
 ment. A detailed study of bookbinding in New York city 
 carried on during the last few years has just bieen published J^ 
 The hours of labor were reported of women working in 208 
 binderies employing 5,689 women. 
 
 * Few binderies (not more than two or three),' says 
 the report, * have regular night shifts for women who 
 begin work in the evening without having worked during 
 the day. In a far greater number, girls who work dur- 
 ing the day stay on through the night hours ♦ * ♦ 
 Some of the actual instances of overtime work demon- 
 strate that the prescribing of a definite rest period dur- 
 ing definite hours of the night is essential to prevent the 
 joining together of two working days at the stroke of 
 midnight' 
 
 Thus, for instance, one girl of 23 worked from 8:30 a. m. 
 until 5 :30 the next morning. 
 
 * She was employed to fill the boxes of a gathering 
 machine in a magazine bindery. She worked from 8 :30 
 A. M. until 5 :30 p. m., with a half hour at noon. She 
 began again at 6:30 p. m. and worked until midnight. 
 
 •Women in the Bookbinding Trade Chap. VI; by Mary Van Kleeck, 
 Secretary of Committee on Women's Work, Russell Sage Foundation, New 
 York, 1912. 
 
 Briefs Submitted by Commission 
 
 313 
 
 \ 
 
 
 1 
 
 After a recess of thirty minutes she continued her day's 
 task until 5 :30 a. m. At the time of this employment 
 the New York law permitted a twelve-hour day, and 
 since the employment of women at night was not pro- 
 hibited, a working day of twenty-four hours was legal, 
 for with the stroke of the clock at midnight a twelve-hour 
 day ended and another twelve-hour day began. In the 
 case of this girl, not the long hours of work, but the fact 
 that fourteen hours instead of twelve preceded midnight 
 was a violation of the law.' 
 
 Under the present fifty-four hour law, which allows a work- 
 ing day of only ten hours, the lack of a legal closing hour 
 would presumably allow the employment of a woman ten 
 hours before and ten hours after midnight. This is a stretch 
 of twenty working hours, practically continuous, but falling 
 on two calendar days. 
 
 In 152 cases, instances of illegal overtime were found 
 among the bindery workers in 42 binderies. In 18 per cent, 
 of these cases — almost 1 in every 5 — work continued until 
 10 p. M. or much later at night, in addition to the day's work. 
 
 * Several flagrant cases were included in this last 
 group. One reported work until 12:30 a. m.; three 
 until 1 A. M. ; two until 3 a. m. ; one until ,5 :30 a. m. ; 
 one until 8 a. m. ; and one until 9 a. m. In every one of 
 these cases the girl had gone to work in the morning, had 
 worked through the day and evening until after mid- 
 
 • night. 
 
 ' The detailed reports of working days longer than 
 twelve hours,' says the report, ' show appalling condi- 
 tions. These hours represent actual working time, after 
 deducting the length of noon hours and the time allowed 
 for supper. In four positions the day was 121^ hours 
 long; in seven, I2I/2 ; in ^^^^^ ^2% ; in nine, 13 ; in one, 
 131/2 ; in two, 14 ; in two, 151/2 ; in two, 16 ; in two, 18 ; 
 in one, 191/2 ; in one, 2II/2 ; and in one, 22.' 
 
'I' 
 
 I 
 
 '!,« 
 
 I jiii 
 
 1 I'. 
 
 ;:l 
 
 314 Appendix II 
 
 The United States Bureau of Labor in its report upon 
 wage-earning women* confirms our foregoing assertion of the 
 existence of these excessive hours of labor for women in book- 
 binderies. In one bookbinding establishment in New York 
 city agents of the government found girls employed overtime 
 from 16 to 24^4 continuous hours, once and sometimes twice 
 a week during a period of from 16 to 24 weeks. 
 
 The Commission found instances of extreme overtime work 
 by women in the canneries. Here the employment of many 
 women from the morning of one day until after midnight, 
 or even until dawn of the next day is proved by the employer's 
 written records. 
 
 The time sheets of one factory for July 11th, 12th and 
 13th, were put in evidence at a hearing held by the Commis- 
 sion at Auburn, N. Y., on August 14th, 1912. This estab- 
 ishment packs fruits and vegetables and on the busiest pack 
 employs from 150 to 200 people. About 75 are women. 
 
 One of these women was a Mrs. D . The overtime hours, 
 
 incredibly long, which she worked were clearly proved. 
 
 The counsel for the Commission examined the manager 
 of the factory : 
 
 * Q. According to your time sheet which you have 
 produced of July 10th, 1912, which is Wednesday, Mrs. 
 
 D began work at 6 :45 in the morning that day ; is 
 
 that right ? A. Yes. 
 
 Q. And she finished at 2 :30 the following morning ? 
 A. Yes. 
 
 Q. Working 19% hours? A. Of course she had y2 
 hour out for lunch and supper that we gave her? 
 ♦♦♦♦♦♦♦♦# 
 
 * Q. You produce the time sheet for the date of July 
 
 11, 1912, and I find the same Mrs. D , that is the 
 
 same one, is it? A. Yes; 16 hours. 
 
 Q. And she began that morning at a quarter of seven 
 and stopped at 12 o'clock, and she began at 1 o'clock — 
 
 Briefs Submitted by Commission 
 
 315 
 
 •Report on Condition of Woman and Child Wage-earners in the United 
 States. Vol. V, p. 205. Senate Document No. 646, 61st Congress, 2nd Senion 
 1910. 
 
 that was her lunch hour ? A. Yes ; she had an hour 
 
 out 
 
 Q. You didn't pay for that hour ? A. No. 
 
 Q. Then she stopped at 6 and started at 7 ; you didn't 
 pay for that hour ? A. No. 
 
 Q. She stopped at a quarter of 1 in the morning? 
 
 A. Yes, sir. 
 
 Q. And she worked 16 hours that day ? A. Yes.' 
 
 ' Have you got July 13, Mrs. D ? She began that 
 
 morning, according to your sheet, at a quarter to seven, 
 stopped at 12, began at one in the afternoon and stopped 
 work at 6, stopped at 6 and began at 7 and worked until 
 a quarter of two the following morning ; 17 hours dur- 
 ing the day, actual work, taking out at her own expense 
 one hour for lunch and one hour for supper ? A. Yes.' 
 
 Other women were employed in the 
 hours equally long. This fact was shown 
 own time sheets. From these it was found 
 from among 55 women workers, one-half 
 after 11 p. m., most of them continuously 
 with an hour out for dinner and supper at 
 Of the 27 women who worked until late at 
 
 same factory for 
 by the employer's 
 that on July 11th, 
 (27) worked until 
 from 6 or 7 A. m., 
 their own expense, 
 night. 
 
 15 worked until after 11 p. m., 
 2 worked until midnight or 12:30 a. m., 
 4 worked until between 1 and 2 a. m., 
 6 worked until 2 a. m. or later. 
 
 The women who did not finish until 1 or 2 a. m., were em- 
 ployed from 16 to 17 hours out of the 24. 
 
 The time sheets show that on the next day, July 12th, the 
 night work dropped off somewhat, yet 12 women out of the 
 65 worked later than 10 p. m. 
 
 On the third day, July 13th, 32 or almost two-thirds of 
 the women worked late at night again. 23 of them worked 
 until between 1 and 2 a. m. ; 5 of them worked until between 
 2 and 3 A. m. On this day again these women were employed 
 from 16 to 17 hours. 
 
. 
 
 I 
 
 h 
 
 31^ Appendix II 
 
 Instances may be further cited showing also the duration 
 of night work done overtime in the laundries of New York 
 City. In February, 1912, an inquiry was made by the 
 Bureau of Mediation and Arbitration of the New York State 
 Department of Labor into the causes of a strike of laundry 
 employees. At a number of hearings, these employees testi- 
 fied under oath in regard to their hours of labor. Testimony 
 was given showing that work often continued until midnight 
 and occasionally until 1 a. m. The three schedules following, 
 of long weeks reported in the stenographic minutes of evi- 
 dence, while not necessarily typical, nevertheless illustrate to 
 what extremes the night work of women in laundries may 
 be carried when there is no legal closing hour : 
 
 Day 
 
 of 
 week 
 
 Monday 
 
 Tuesday . . 
 
 Wednesday 
 
 • 
 
 Thursday 
 Friday . . . 
 
 < 
 
 Saturday. . 
 
 In many other occupations also, employment overtime 
 often occurs until late at night. This is especially the case, 
 although to a less degree than in the binderies and laundries, 
 during the fall months in factories that supply the Christmas 
 market, notably in candy and paper box manufactories. 
 Overtime is usual too, through the wide ramifications of the 
 clothing and stitching trades, and also in dressmaking and 
 millinery establishments." 
 
 Bill Recommended by the Commission 
 
 The Commission in its report to the Legislature then made 
 the following recommendations: 
 
 " The Commission recommends that night work of women 
 in the factories and workshops of this State be at once pro- 
 hibited. It finds that such work is unnecessary from an 
 economic point of view and indefensible from the standpoint 
 
 Woman who 
 
 has worked 
 
 two years 
 
 in laundries 
 
 A. M. p. 11. 
 
 Worn in who 
 has worked 
 five years 
 in laundries 
 
 A. M. P. M. 
 
 Woman who 
 haH worked 
 
 eleven years 
 in laundries 
 
 A. U. P. 11. 
 
 12—12 
 
 12—12 
 
 ?— 9 
 
 9—11.30 
 
 9—11.30 
 
 ft— 11 
 
 0— 9.30 
 
 9— 9 
 
 ft— 8 
 
 9— 7 
 
 9— 7 
 
 ft— 7.30 
 
 9— 6.30 
 
 9— 6 
 
 ft— 6 
 
 Briefs Submitted by Commission 
 
 317 
 
 
 of public welfare; for it is dangerous to health, inimical to 
 good morals, and destructive of the vitality of women as 
 wives and mothers. We, therefore, recommend the enactment 
 of a new section of the labor law as follows : 
 
 Section 93-b. Period of rest at night for women. In order 
 to protect the health and morals of females employed in f ac- . 
 tories by providing an adequate period of rest at night, no 
 woman shall be employed or permitted to work in any factory 
 in this state before six o'clock in the morning or after ten 
 o'clock in the evening of any day. 
 
 We believe that this bill meets the objections raised by the 
 Court of Appeals in declaring unconstitutional that portion 
 of Section 77 of the Labor Law (Laws of 1903, Chapter 
 184), which prohibited the employment of women in factories 
 between 9 p. m. and 6 a. m. (People v. Williams, 189 New 
 York, 131, decided 1907). The bill submitted by the Com- 
 mission fixes 10 p. M. as the closing hour and specifically 
 states that its purpose is to promote health." 
 
 Second Report, New York State Factory Investigating 
 Commission, Vol. I, p. 203. 
 
 Purpose of the Bill 
 
 The purpose of the bill recommended by the Commission was 
 to protect the health and morals of women employed in factories 
 by prohibiting night work and providing for an adequate period 
 of rest at night. That purpose was expressed in the title of the 
 act and in the body of the section itself, not in the belief that to 
 say that a law was a health measure was in fact to make it so, 
 but to show clearly to the Court that the Legislature, when it 
 enacted the section under consideration, intended and believed it 
 to be a health measure and to remove the doubts on that score 
 expressed by the Court in the Williams case when the prior statute 
 was before it for consideration. 
 
 The Legislature in enacting this law aimed to protect the health 
 and morals of women by prohibiting the continuous all-night shift 
 in factories and by making it impossible to prolong illegal over- 
 time of women beyond ten o'clock in the evening. To accomplish 
 these purposes, the Legislature found it was necessary to fix a 
 
Il 
 
 ' I 
 
 i I 
 
 i 1 
 
 318 
 
 Appendix II 
 
 closing and an opening hour. In no other way did the Legislature 
 believe that there could be an effective enforcement of this law 
 through methods of inspection to which the State would be justi- 
 fied in resorting. 
 
 Contentions of the Commission 
 The Commission contends: 
 
 1. That night work of women in factories is dangerous to 
 health, inimical to good morals, and destructive of the vitality of 
 women as wives and mothers. 
 
 2. That the prohibition of such night work by the Legislature 
 is a reasonable exercise of the police power of the State. 
 
 3. That the means taken to secure an effective enforcement 
 of the purpose of the act, that is, the fixing of closing and opening 
 hours, are reasonable and properly within the discretion of the 
 Legislature. 
 
 4. That this law does not deny to women the equal protection 
 of the laws. 
 
 5. That the decision of the Williams case is not decisive of 
 the case at bar. 
 
 These contentions are affirmatively set forth, although the bur- 
 den of establishing the unreasonableness of the law rests upon the 
 appellant and under the decisums, the law should he mstained 
 unless such unreasonableness is established clearly and beyond 
 doubt. 
 
 (n: 
 
 I 
 
 Bbiefs Submitted by Commission 
 
 319 
 
 POINTS 
 
 I 
 
 NIGHT WORK OF WOMEN IN FACTORIES IS IN- 
 JURIOUS TO HEALTH, INIMICAL TO MORALS AND 
 DESTRUCTIVE OF THE VITALITY OF WOMEN AS 
 WIVES AND MOTHERS. 
 
 To support this contention we submit the following: 
 
 1. The report of the Factory Investigating Commission sub- 
 mitted to the Legislature on January 15, 1913. 
 
 2. The "Facts of Common Knowledge" on the physical, 
 moral, and economic effects of night work, collected in a brief 
 prepared by Louis D. Brandeis, Esq., and submitted on behalf of 
 the people in this case. 
 
 3. The legislation prohibiting night work in various states in 
 this country and in Europe, and the international convention or 
 treaty of 1907 resulting in an agreement by the leading European 
 countries that night work was injurious to health and should be 
 prohibited in the beet interests of the workers and of the State. 
 
 The court may take judicial notice of all of the foregoing. 
 
 MuUer v. Oregon, 208 U. S. 412. 
 
 Matter of Viemeister, 179 N. Y. 235. 
 
 Tenement House Department v. Moeschen, 179 N. Y. 
 
 325. 
 
 " It is well settled by this court and in the Supreme Court 
 
 of the United States that the constitutionality of a statute 
 
 may be determined by considering its language and the 
 
 material facts of which the court can take judicial notice." 
 
 Bartlett, J., in Tenement House Dept. v. Moeschen, 
 
 179 N. Y. 325, 330. 
 
 1. Report of the Factory Investigating Commission 
 
 This report of an official investigating commission submitted 
 to the Legislature shows beyond doubt that night work of women 
 in factories is injurious to their health and exercises a deterior- 
 ating influence on the race. 
 
320 
 
 Appendix IT 
 
 r '! 
 
 ( 
 
 >■ 
 
 » '•; 
 
 We have already set forth earlier in this brief the iindings of 
 the Commission on this subject. We submit the following con- 
 clusions arrived at by the Commission, on which was based its 
 recommendation to the Legislature that night work in factories 
 be prohibited. 
 
 " The authorities all agree that after a shorter or longer 
 period women who are employed at night or until late even- 
 ing hours suffer from all those symptoms which mark lowered 
 vitality, if not actual disease, such as loss of appetite, head- 
 ache, anemia, and weakness of the female functions * * *, 
 
 The chief danger to health from night work is thus due 
 to the inevitable lack of sleep and sunlight. Recuperation 
 from fatigue takes place fully only in sleep, and best, in 
 sleep at night. Hence, night work is, in a word, agaitist 
 nature. When exhausting factory work fills the night, and 
 household work most of the day, health must inevitably be 
 sacrificed. 
 
 This injury to health is all the greater, because sleep lost 
 at night by working women is never fully made up by day. 
 For in the first place, sleep in the day time is not eqyal in 
 recuperative power to sleep at night. Dr. Epstein says, in 
 his work on the * Diseases of Bakers ' : * Doctors and experts 
 on hygiene are unanimous in declaring that sleep at night 
 can in nowise be replaced by sleep in the day time.'* 
 Various other medical authorities confirm this opinion. 
 Moreover, quiet and privacy for sleep by day is almost impos- 
 sible to secure. Upon returning home in the middle of the 
 night or at dawn the workers can snatch at most only a few 
 hours' rest.* 
 
 Even without night work it has been shown that the re- 
 turn of married women to factory work after childbirth in- 
 creases the mortality of infants. Indeed, owing to complex 
 causes a much higher death rate of infants exists in such 
 manufacturing towns as Fall River, Massachusetts, and 
 Biddeford, Maine, than in non-manufacturing towns. The 
 following table shows this fact: 
 
 Epstein Handbuch der Arbeiterkrankheiten, 1908. 
 
 Briefs Submitted by Commission 
 
 321 
 
 The number of deaths of infants under one year per 100 
 deaths at all ages was, in the year 1910 as follows:* 
 
 Boston 19 
 
 Chicago 21 
 
 New York City 21 
 
 Biddeford 27 
 
 Lowell 29 
 
 Lawrence 35 
 
 Holyoke 36 
 
 Fall River 89 
 
 In 1910 the number of deaths of infants under one year 
 per 1,000 births in the selected cities, was as follows :f 
 
 New York City 125 
 
 Boston 126 
 
 Philadelphia 138 
 
 Lawrence 167 
 
 New Bedford 177 
 
 Holyoke \ 213 
 
 Lowell 231 
 
 m 
 
 What must be the result when in addition to the ordinary 
 labor of mothers, the factory night work of mothers is added ? 
 
 Ignorant women can scarcely be expected to realize the 
 dangers not only to their own health but to that of the next 
 generation from such inhuman usage. But it is precisely 
 to prevent such conditions of toil as threaten the welfare of 
 society that labor laws are designed. These instances show 
 the urgent need of providing by law an adequate period of 
 rest at night for women who work in factories. 
 
 • Bureau of the Census. Department of Commerce and Labor Bulletin 109. 
 Mortality Statistics, 1910, p. 14, Washington, 1912. 
 flbid, p. 18. 
 
 Vol. I — 11 
 
fi 
 
 u 
 
 ' i 
 
 i 
 
 322 Appendix II 
 
 The Banger to Morals 
 Besides the injuries to health from the all night shift and 
 the late overtime night work of women, it has universally 
 been found that such work renders women liable to unusual 
 moral dangers and temptations. When women are dis- 
 missed in the middle of the night or at dawn, they face the 
 possibility of insult or attack on the streets. Those, more- 
 over, who are living away from home find it difficult to ob- 
 tain respectable boarding places to which they may return 
 after midnight." 
 
 Second Keport, New York State Factory Investigating 
 Commission, vol. I, pp. 194, 195, 197, 198, 202. 
 
 2. Facts of Common Knowledge on the Evils of Night 
 
 Work 
 
 This brief takes up in detail the objections to night work of 
 women in factories and cites authorities, including the reports of 
 physicians and scientists, recommendations of investigating com- 
 missions and others, to show that such night work for women is 
 one of the greatest evils in our industrial system and should be 
 
 prohibited. 
 
 The Court will undoubtedly carefully study the comprehensive 
 data that has been collected in this brief for its information. The 
 appellant in his brief seeks to convey the impression that the 
 " Facts of Knowledge " is out of date and " concerns itself in 
 the main with old conditions." He cites in support of this con- 
 tention a quotation from the " Facts of Knowledge," from Great 
 
 Britain in 1834. 
 
 Any examination of the " Facts of Knowledge " will show that 
 it deals with conditions existing down to and including the year 
 1913, when the law in question was enacted. The quotations 
 from the early British factory inspectors reports in the " Facts 
 of Knowledge " show that the evils of night work for women em- 
 ployed in factories were recognized in England over eighty years 
 ago. While conditions of employment have improved since then, 
 the fundamental physiological dangers of night work for women 
 have remained the same, aggravated by speeding and the new 
 strain of industry. The " Facts of Knowledge " show the grow- 
 
 Bbiefs Submitted by Commission 
 
 323 
 
 ing appreciation and study of these dangers from year to year 
 and decade to decade, by physicians, scientists and factory in- 
 spectors throughout the world. 
 
 We submit herewith some of the passages in this brief which 
 sum up the views therein represented. 
 
 New York State Department of Labor, Vol. 8, Bulletin 
 — 1906 — Albany, 1907. 
 
 " In Europe the subject has been discussed as part of the 
 question of rest In European legislatures and international 
 congresses the prohibition of women's night work has been 
 urged as necessary to secure to working women their normal 
 rest, and also on grounds of morality. Women have less 
 physical strength and are more subject to over-fatigue than 
 men, and this is especially true of night workers because 
 household duties prevent women who work at night time 
 from obtaining their necessary rest in the day time. While 
 the women's work in the industrial employments is more ex- 
 tensive abroad than in the United States, the line is drawn 
 on night work in all the leading commercial nations " (pp. 
 337, 338). 
 
 Brief on " Facts of Knowledge," page 11. 
 
 Das Verbot der Nachtarbeit Bericht erstattet an den Inter- 
 nationalen Kongress fur gesetzlichen Arbeiterschutz in Paris, 
 1900. (Schmollers JaJirbuch 25 3-4). The Prohibition of 
 Nightworh, A Report at the International Congress for Labor 
 Legislation. Paris, 190O. (Schmollers Yearbook 25 3-4). 
 Dr. Max Hirsch. 
 
 " It is a fact generally recognized by science and experi- 
 ence that night work is, per se, injurious to the human 
 organism. This harmfulness is shown in varying degrees 
 according to the length, the frequence, and the nature of the 
 work, and the age, sex, and constitution of the worker. And 
 industrial night work especially, — that is to say, regular or 
 frequent night work — is emphatically to be regarded as a 
 factor dangerous to health. * ♦ * Although some ex- 
 ceptions may be found of individuals whose health does not 
 
324 Appendix II 
 
 suffer from night work, its ill effects for the large majority 
 cannot be denied" (p. 1259). 
 
 " Women have considerably less power of resistance 
 (than men) to the hardships of industrial life, and especially 
 to night work. Although they have in many directions aa- 
 tonishing powers of accomplishment and endurance, this 
 does not prevent them from being unfitted to meet the de- 
 mands of industrial work, since their bodies are weaker to 
 start with, and the exercise of sex function makes them 
 much weaker, hampers them, and subjects them to injuries 
 to which men are immima * * * " 
 
 " We have said above that in the case of men, and es- 
 pecially fathers of families, one of the chief reasons why 
 night work is injurious to health is that it interferes with 
 sleep. For wives, mothers, and housekeepers in general, 
 the matter is much worse in this respect, since all such 
 women have of course much greater and more direct family 
 duties to perform in the day time. When they come home 
 after their night's toil they must first of all look after hus- 
 bands, children, and rooms and they must get breakfast, etc. 
 * * * After a few hours' rest (when they can get it), it 
 is time to get dinner; after dinner is over, there are all 
 sorts of things to be done for the children, etc.; and in a 
 few hours later very much the same things have to be done 
 over again. * * * No amount of heroism can ward off 
 the ruinous consequences of such a regime — consequences to 
 the health of the woman herself, of the other members of 
 the family, and of the children still to come" (pp. 1265- 
 1266). 
 
 Brief on " Facts of Knowledge," pp. 123-125. 
 
 Revue d* Hygiene et de Police Sanitaire, XII, 1890. Paris. 
 Note Sur le Travail de Nuit des Femmes dans VIndustrie, 
 (Night Work of Women in Industry), Dr. H. Naples. (Read 
 before the Society of Public Medicine and Industrial Hygiene, 
 Feb., 1890.) Paris, Vallin. 
 
 " To sum up, when one considers either the hygienic side 
 or the moral side of the problem, it seems necessary to pro- 
 
 Beiefs Submitted by Commission 
 
 325 
 
 
 \ 
 
 I 
 
 hibit the night work of women. We have a law which pro- 
 , tects childhood because we know how useful it is, with the 
 small natality of this country, to preserve these lives, pre- 
 cious and altogether too few as they are; and with singular 
 inconsistency the legislature makes a law which authorizes 
 girls and women to work in shops at night, which prepares 
 girls for maternity by rendering them anaemic and favors 
 their falling into prostitution, and which at the same time 
 keeps mothers separated from their infants, left at lodgings 
 without care and without milk, exposed to the dangers which 
 menace early life, and for the avoidance of which we ex- 
 pend in France each year more than a million and a half. 
 That is neither just, nor logical, nor humane.'* 
 
 Brief on " Facts of Knowledge," p. 140. 
 
 Report of Senator Richard Waddington of the French Chamber 
 of Deputies on the industrial work of children, young girls 
 and women, June, 1890. 
 
 " Is it not terrible to reflect that these anaemic working 
 women who work at night are the mothers of the coming 
 generation, and must it not be feared that they will indeed 
 given birth to an ' army of invalids ' as one witness said ? " 
 (p. 1088). 
 
 Brief on " Facts of Knowledge," p. 181. 
 
 The appellant asserts that in recent years factory conditions 
 have improved, the hours of labor of women have been decreased, 
 and therefore the " Facts of Knowledge " concerning the evils of 
 night work have no application to-day. 
 
 Factory conditions have improved, but the ideal conditions 
 mentioned in Miss Tarbell's article, from which the appellant 
 quotes in his brief (p. 46), by no means prevail in this State. 
 The instances she mentioned are unfortunately the marked ex- 
 ception, rather than the general rule. If the court is interested 
 in knowing what the sanitary conditions in factories are, it will 
 find the facts based upon a comprehensive and scientific investi- 
 gation, embodied in the first and second reports of this Commis- 
 
326 
 
 Appendix II 
 
 Briefs Submitted by Commission 
 
 327 
 
 I 
 
 I 
 
 sion. (Preliminary Report, Vol. 1, pp. 71-75, 117-153; Second 
 Report, Vol. 1, pp. 227-234; Vol. 2, pp. 439-611.) 
 
 The appellant has, however, neglected to mention what is con- 
 sidered by all those familiar with modem industry, one of its 
 greatest factors: that is, the growing strain of industry. There 
 is an increased strain resulting from monotonous work and speed- 
 ing-up, intensified by the piece work system which so largely pre- 
 vails in industries in which women are employed. X^e continu- 
 ous strain and attention, due to the mechanical nature of the 
 \VOrk, is nerve-racking in its eifect upon the workers. Newer 
 and faster machines are being constantly introduced, and the 
 number of machines tended by individual workers are constantly 
 being increased. Commenting on this, an investigator in a re- 
 port made to the Commission on women workers in factories in 
 New York State in 1912, says as follows: 
 
 " Most of the work done by women in factories, however, 
 is injurious to health, not so much on its physical side, but 
 on account of the nervous strain involved in the extreme 
 monotony of the prcx-esses and the speed with which they 
 are carried on. Modem industry has been developed chiefly 
 by men for men. Xewer and faster machines are con- 
 tinually being introduced. In the clothing industry women 
 operate machines that take from 1,500 to 2,000 stitches a 
 minute. In the paper box trade girls will " stay " or " fill- 
 in ^' upwards of 2,000 boxes in a day, involving over 4,000 
 pressures with the foot. Automatic die-presses open and 
 close every two seconds, and within this time the woman 
 worker must remove the printed sheet and insert a fresh 
 one. In the knitting mills in Utica, machines take 3,500 
 stitches a minute. Unlimited speed and unlimited produc- 
 tion is the manufacturer's dream, but modem machine pro- 
 duction is taking no account of the strain upon women 
 workers of long hours at such monotonous and nerve-rack- 
 ing work in destroying their health, and thus lowering the 
 efficiency of future generations of workers." 
 
 Preliminary Report New York State Factory Investi- 
 gating Commission, Volume I, pp. 294, 295. 
 
 i 
 
 There is then in modem industry a greater strain upon the 
 women workers than ever before, and this makes it imperative that 
 night work of women in factories be prohibited, and that they be 
 afforded an adequate period of rest at night 
 
 3. Lelislation Prohibiting Night Work of Women 
 
 Legislation in this Country 
 
 Laws in this country prohibiting night work of women in fac- 
 tories are found in the following states : 
 
 Massachusetts (1890); Indiana (1894); Nebraska (1899); 
 Pennsylvania (1913); Oregon (1914). 
 
 Night work of women in mercantile establishments is prohib- 
 ited in: 
 
 Nebraska (1899); South Carolina (1911); Connecticut 
 (1913); Oregon (1914). 
 
 The detailed provisions of these laws and the opening and clos- 
 ing hours specified in them will be found in the brief on " Facts 
 of Knowledge,'' pages 1-3. 
 
 Foreign Legislation 
 
 The first statute limiting the hours of labor of adult women in 
 any country was the British law of 1844. That law limited the 
 hours of labor of women in textile mills to twelve hours in one dav 
 and provided for a period of rest at night between 8 :30 p. m. and 
 5:30 A. M. By later enactments further restrictions were intro- 
 duced. 
 
 Brief on " Facts of Knowledge/' pp. 7a and 7b. 
 
 Following Great Britain, night work of women in factories be- 
 fore and after specified hours was prohibited by law in the follow- 
 ing countries: Switzerland, 1877; Austria, 1885; Netherlands, 
 1889; Germany, 1891; France, 1892; Italy, 1902. 
 
 International Convention 
 
 Beginning with the International Congress of Hygiene and 
 Demography in 1877, various international meetings passed reso- 
 lutions declaring that the prohibition of industrial night work of 
 women was necessary to preserve their health and morals. In 
 1901 the International Association for Labor L^slation investi- 
 
328 
 
 Appendix II 
 
 I ' 
 
 n 
 
 ^ 
 
 gated the subject of industrial night work of women in various 
 countries and studied the results proceeding from laws prohibit- 
 ing such night work. Following this investigation and upon the 
 recommendation of the International Association for Labor Legis- 
 lation, the Federal Council of Switzerland called a conference of 
 European powers to meet at Berne, Switzerland, on September 
 26, 1906, to consider this problem. Representatives of fourteen 
 European governments met and signed an International Conven- 
 tion for the prohibition of industrial night work for all women. 
 Articles one and two of the Convention read as follows : 
 
 "Article 1. Industrial night work shall be prohibited for 
 all women without distinction of age, with the exceptions 
 hereinafter noted. This agreement shall apply to all indus- 
 trial establishments employing more than ten men and 
 women; in no case shall it apply to those establishments in 
 which only members of the proprietor's family are employed. 
 Upon each of the contracting states devolves the duty of de- 
 fining what shall be understood by " industrial establish- 
 ment." Among these shall be included, in any case, mines 
 and quarries, as well as industries for the manufacture 
 or working up of raw materials. On this last subject legisla- 
 tion in the individual states shall fix the limit between indus- 
 try on the one hand and agriculture and conmierce on the 
 other. 
 
 Article 2. The night rest contemplated in the preceding 
 article shall have a minimum duration of eleven consecutive 
 hours ; in those eleven hours, whatever else be the legislation 
 of each state, shall be included the interval from ten o'clock 
 in the evening to five o'clock in the morning. In the states in 
 which the night work of adult women employed in industry 
 has not yet been regulated, however, the length of uninter- 
 rupted rest may, temporarily, for a period of not over three 
 years, be limited to ten hours." 
 
 Between 1906 and 1912 all the powers represented except Den- 
 mark ratified the Convention, and in many cases their legislation 
 provided for a longer period of rest at night than that provided by 
 the international agreement. 
 
 :l! 
 
 Briefs Submitted by Commission 
 
 329 
 
 Brief on " Facts of Knowledge," pages 5-8. 
 
 The State of New York in enacting the statute prohibiting night 
 work of women in factories before and after specified hours, is 
 therefore taking no new or untried step. Such legislation has been 
 in force for many years in some of the States of the Union, and in 
 practically every European country and has met with general 
 approval. 
 
 ♦Conclusion 
 
 It is thus established that not only is there a reasonable connec- 
 tion between the protection of health and the prohibition of night 
 work of women in factories, but that such prohibition is clearly 
 demanded by the best interests of the workers and by the State 
 itself for its own preservation. The investigations of the Factory 
 Commission, the experience and legislation in this and in foreign 
 countries and the opinions of physicians and other experts and of 
 l^islative commissions all over the world make this conclusion 
 irresistible. 
 
 The law under consideration will not deprive t^housands of 
 women of a livelihood. That is a reckless and misleading state- 
 ment made by the appellant in his brief, and is not supported by 
 any evidence before this Court, or by any facts gathered by the 
 Commission. 
 
 The law was passed by the Legislature of 1913, after the pro- 
 posal was given the widest publicity by the Commission, and after 
 a public hearing held by legislative committees which was largely 
 attended. Since then the Commission has been holding hearings 
 in different parts of the State, and in all that time they have heard 
 but one objection to the law prohibiting night work of women in 
 factories, and that comes from the small group of workers em- 
 ployed in composing and bindery rooms represented by the appel- 
 lant, some of whom desire to be employed on continuous night 
 shifts, and that complaint has been limited to New York City. Of 
 the women so employed only a small proportion are ever called 
 apon to work at night, and a readjustment that would follow upon 
 the enforcement of this law would, without doubt, result in work 
 being given to those women in the day time. 
 
 The appellant contends that the women in this industry should 
 be permitted to work on a continuous night shift, that their work 
 
 i 
 
330 
 
 Appbitoix n 
 
 I 
 
 I: 
 
 lit 
 
 is light, and that the nature of the business demands this extra 
 work. Without going into the merits of this contention, it is clear 
 that if any exemption is necessary or proper, that is for the Legis- 
 lature and not for the courts to pass upon. The general approval 
 with which this law has been met by the great mass of manufac- 
 turers employing women, and by the women workers themselves, 
 shows that it is most reasonable in its application. 
 
 "It is not the hardship of the individual case that deter- 
 mines the question, but rather the general scope and effect 
 of the legislation as an exercise of the police power in pro- 
 tecting health and promoting the welfare of the community 
 at large." 
 
 Bartlett, J., in Tenement House Dept! v. Moeschen, 179 
 N. Y. 325, 330. 
 
 A brief has been filed in this court on behalf of certain ice- 
 cream manufacturers, as amicus curias, challenging the constitu- 
 tionality of the statute in question. It should he stated, however, 
 that the Factory Commission at no time received any objection 
 to this law from a single manufacturer or employee in the ice- 
 cream manufacturing industry. 
 
 BsiEFS Submitted by Commission 331 
 
 IT 
 
 THE PROHIBITION BY THE LEGISLATURE OF 
 NIGHT WORK OF WOMEN IN FACTORIES IS VALID 
 AS BEING A REASONABLE EXERCISE OF THE 
 POLICE POWER OF THE STATE. 
 
 Holden v. Hardy, 169 U. S. 366. 
 
 Muller V. Oregon, 208 U. S. 412, aflSrmed in Hawley 
 
 V. Walker, 232 U. S. 718. 
 C, B. & Q. R. R. Co. V. McGuire, 219 U. S. 549. 
 People V. King, 110 N. Y. 418. 
 People V. Ewer, 141 N. Y. 129. 
 
 People ex rel. Nechamcus v. Warden, 144 N. Y. 529. 
 People V. Havnor, 149 N. Y. 195. 
 
 Under the preceding point it has been shown that night work 
 of women in factories is injurious to the health of the workers 
 and inimical to the welfare of the community. If that is so the 
 Legislature, under the authorities above cited, has power to enact 
 a law prohibiting that evil. 
 
 In C, B. & Q. R R. Co. v. McGuire (219 U. S., 549), Mr. 
 Justice Hughes said at pp. 567 and 568 : 
 
 " There is no absolute freedom to do as one wills or to con- 
 tract as one chooses. The guaranty of liberty does not with- 
 draw from legislative supervision that wide department of 
 activity which consists of the making of contracts, or deny to 
 government the power to provide restrictive safeguards. 
 Liberty implies the absence of arbitrary restraint, not im- 
 munity from reasonable regulations and prohibitions imposed 
 in the interests of the community. 
 
 It is subject also in the field of state action to the essential 
 authority of government to maintain peace and security and 
 to enact laws for the promotion of the health, safety, morals 
 and welfare of those subject to its jurisdiction." 
 
 In Holden v. Hardy (169 U. S. 366), Mr. Justice Brown said, 
 page 397 : 
 
 " But the fact that both parties are of full age and com- 
 petent to contract does not necessarily deprive the State of 
 
1 1 
 
 '^♦^2 AppEin>ix II 
 
 the power to interfere where the parties do not stand on an 
 equality or where the public health demands that one party 
 to the contract shall be protected against himself. * The 
 State still retains an interest in his welfare, however reckless 
 he may be. The whole is no greater than the sum of all the 
 parts, and when the individual health, safety and welfare are 
 sacrificed or neglected the State must suffer.' " 
 
 In People ex rel. Nechamcus v. Warden (144 N. Y. 529), 
 Gray, J., said at page 535 : 
 
 " The police power extends to the protection of persons 
 and of property within the state. In order to secure that 
 protection, they may be subjected to restraints and burdens 
 by legislative acts. If the act is a valid and reasonable 
 exercise of the police power of the state, then it must be 
 submitted to, as a measure designed for the protection of the 
 public and to secure it against some danger, real or antici- 
 pated, from a state of things, which modifications in our 
 social or commercial life have brought about. The natural 
 right to life, liberty and the pursuit of happiness is not an 
 absolute right. It must yield, whenever the concession is de- 
 manded by the welfare, health or prosperity of the state. 
 The individual must sacrifice his particular interest or de- 
 sires, if the sacrifice is a necessary one in order that organized 
 society as a whole shall be benefited. That is a fundamental 
 condition of the state and which, in the end, accomplishes by 
 reaction a general good, from which the individual must also 
 benefit." 
 
 In People v. Havnor (149 N. Y. 195), Vann, J., said at pages 
 203, 204 : 
 
 " It is to the interest of the state to have strong, robust, 
 healthy citizens, capable of self-support, of bearing arms, and 
 of adding to the resources of the country." ♦ » ♦ « j^. 
 dependent of any question relating to morals or religion, the 
 physical welfare of the citizen is a subject of such primary 
 importance to the state and has such a direct relation to the 
 
 Briefs Submitted by Commission 
 
 333 
 
 general good, as to make laws tending to promote that object 
 proper under the police power, and hence valid under the 
 Constitution ' which presupposes its existence, and is to be 
 construed with reference to that fact' " 
 
 The report of the Factory Investigating Commission reflects 
 the " common belief " in this State that night work of women in 
 factories is injurious to health and morals and should be pro- 
 hibited. 
 
 In Matter of Viemeister (179 N. Y. 235), Vann, J., after 
 remarking that a "common belief like common knowledge, does 
 not require evidence to establish its existence," but is a matter of 
 which the court can take judicial notice, said at page 241 : 
 
 " The fact that the belief is not universal is not control- 
 ling, for there is scarcely any belief that is accepted by every 
 one. The possibility that the belief may be wrong, and that 
 science may yet show it to be wrong, is not conclusive, for the 
 legislature has the right to pass laws which, according to the 
 common belief of the people are adapted to prevent the spread 
 of contagious diseases. In a free country where the govern- 
 ment is by the people through their chosen representatives, 
 practical legislation admits of no other standard of action, 
 for what the people believe is for the common welfare must 
 be accepted as tending to promote the common welfare, 
 whether it does in fact or not Any other basis would conflict 
 with the spirit of the Constitution and would sanction meas- 
 ures opposed to a republican form of government 
 
 " While we do not decide and cannot decide that vaccina- 
 tion is a preventive of small pox, we take judicial notice of 
 the fact that this is the common belief of the people of the 
 state, and with this fact as a foundation, we hold that the 
 statute in question is a health law, enacted in a reasonable 
 and proper exercise of the police power." 
 
 Quoted with approval by Mr. Justice Harlan, in Jacobson v. 
 Massachusetts, 197 U. S. 11, 35. 
 
i] 
 
 
 !!' 
 
 334 Appendix II 
 
 III 
 
 FIXING A CLOSING AND OPENING HOUR IS A 
 REASONABLE MEANS OF SECURING THE EFFEC- 
 TIVE PROHIBITION OF CONTINUOUS NIGHT SHIFTS 
 AND PROLONGED OVERTIME OF WOMEN IN FAC- 
 TORIES. 
 
 We have shown that there is a direct connection between the 
 protection of health and the prohibition of the continuous all 
 night shift of women in factories, or of prolonged overtime, in 
 which a woman in violation of law, works more than ten hours in 
 the day time and extends her work until late at night In People 
 V. Williams (189 N. Y. 131), Gray, J., said at pages 134 and 
 135: 
 
 ^^ If the inhibition of the section in question had been 
 framed to prevent the ten hours of work from being per- 
 formed at night, or to prolong them beyond nine o'clock in 
 the evening, it might, more readily, be appreciated that the 
 health of women was the matter of legislative concern. That 
 is not the effect, nor the sense, of the provision of the section, 
 with which, alone, we are dealing. It was not the case upon 
 which this defendant was convicted. 
 
 In the case now being considered the defendant was convicted 
 for employing a woman on a continuous night shift. From the 
 language of the court above quoted, it might well be inferred that 
 even in the Williams case the court believed that a prohibition of 
 continuous all night work of women, would have a reasonable 
 connection with the protection of health and would be within the 
 police power of the State. 
 
 The court, however, went on to say at page 135 : 
 
 " If this enactment is to be sustained, then an adult woman, 
 although a citizen and entitled as such to all the rights of 
 citizenship, under our laws, may not be employed, nor con- 
 tract to work in any factory for any period of time no matter 
 how short, if it is within the prohibited hours ; and this, too, 
 without any regard to the healthfulness of the employment." 
 
 Briefs Submitted by Commission 
 
 335 
 
 The court in effect held that the fixing of a closing and an open- 
 ing hour — the prohibition of employment after ten o'clock in the 
 evening or before six oVlock in the morning, was not a reasonable 
 means of attaining the legitimate objects sought to bo accom- 
 plished by the law, that is, the prevention of the continuous all 
 night shift and prolonged overtime. 
 
 We contend that the fixing of such closing and opening hours 
 is reasonable and necessary to secure the enforcement of the legis- 
 lative intent : 
 
 Ist. In order that the prohibition against the continuous all 
 night shift of women in factories might be effectively enforced. 
 
 2nd. In order that the law limiting the hours of labor of women 
 to ten hours a day might be more effectively enforced and overtime 
 work of women in violation of that law prevented in any event 
 from being extended until late at night. 
 
 Booth V. Illinois, 184 U. S. 425. 
 
 Otis V. Parker, 187 U. S. 606. 
 
 N. Y. ex rel. Silz v. Hesterberg, 184 N. Y. 126 ; affirmed 
 
 in 211 F. S. 31. 
 Purity Extract and T. Co. v. Lynch, 226 U. S. 192. 
 Riley v. Commonwealth of Massachusetts, 232 IT. S. 671 
 
 (1914). 
 
 In Booth V. Illinois (184 U. S. 425), the defendant was con- 
 victed for a violation of the statute of the State of Illinois which 
 made it a criminal offense to give an option to buy grain at a 
 future time. The defendant contended that the statute as inter- 
 preted by the highest court of the State was " not directed against 
 gambling contracts relating to the selling or buying of grain or 
 other commodities, but against mere options to sell or buy at a 
 future time without any settlement between the parties upon the 
 basis of differences and therefore involving no element of 
 
 gambling." 
 
 The court sustained the judgment of conviction and Mr. Justice 
 Harlan said, at page 429 : 
 
 " If, looking at all the circumstances that attend, or which 
 may ordinarily attend, the pursuit of a particular calling, the 
 
I 
 
 'f 
 
 1^36 Appbndix II 
 
 State thinks that certain admitted evils cannot be successfully 
 reached unless that calling be actually prohibited, the courts 
 cannot interfere, unless, looking through mere fonns and at 
 the substance of the matter, they can say that the statute en- 
 acted professedly to protect the public morals has no reel or 
 substantial relation to that object, but is a clear, unmistak- 
 able infringement of rights secured by the fimdamental law 
 (citing cases). 
 
 " We cannot say from any facts judicially known to the 
 court, or from the evidence in this case, that the prohibition 
 of options to sell grain at a future time has, in itself, no 
 reasonable relation to the suppression of gambling grain con- 
 tracts in respect of which the parties contemplate only a settle- 
 ment on the basis of differences in the contract and market 
 prices * * *. It must be assumed that the Legislature 
 was of opinion that an effectual mode to suppress gambling 
 grain contracts was to declare illegal all options to sell or buy 
 at a future time. The court is unable to say that the means 
 employed were not appropriate to the end sought to be ob- 
 tained and which it was competent for the State to accom- 
 plish. * ♦ ♦ 
 
 The statute here involved may be unwise. But an unwise 
 enactment is not necessarily for that reason invalid. ♦ ♦ * 
 The courts have nothing to do with the mere policy of legis- 
 lation " (p. 431). 
 
 Otis V. Parker (187 U. S. 606), dealt with a provision of the 
 Constitution of California which provided that all contracts for 
 the sale of shares of the capital stock of any corporation on margin 
 or to be delivered at a future day should be void. The objection 
 urged against the provision in its literal sense was " that this pro- 
 hibition of all sales on margin bears no reasonable relation to the 
 evil sought to be cured." 
 
 The court, however, upheld the provision, Mr. Justice Holmes 
 saying, at page 609 : 
 
 " Even if the provision before us should seem to us not to 
 have been justified by the circumstances locally existing in 
 California at the time when it was passed, it is shown by its 
 
 I.' 
 
 Briefs Submitted by Commission 
 
 337 
 
 adoption to have expressed a deep-seated conviction on the 
 part of the people concerned as to what that policy required. 
 Such a deep-seated conviction is entitled to great respect. If 
 the State thinks that an admitted evil cannot be prevented 
 except by prohibiting a calling or transaction not itself neces- 
 sarily objectionable the courts cannot interfere, unless, in 
 looking at the substance of the matter they can see it is a 
 clear, unmistakable infringement of rights secured by the 
 fundamental law (citing cases). 
 
 No court would declare a usury law unconstitutional, even 
 if everv member of it believed that Jeremy Bentham had said 
 the last word on that subject and had shown for all time that 
 such laws did more harm than good." 
 
 In N. Y. ex rel. Silz v. Hesterberg (184 N. Y. 126), the de^ 
 fendant was convicted for violating the provisions of the Forest, 
 Fish and Game Law of New York, prohibiting the possession of 
 certain game during the closed season, the statute also covering 
 game that came from without the State. The defendant was 
 prosecuted for having in his possession during the closed season 
 in New York some plover and grouse which had been lawfully 
 taken and killed abroad during the open season there and imported 
 by him. It was conceded that these game birds were varieties 
 different from those found in this State and could readily be dis- 
 tinguished from the plover and grouse found here. It was con- 
 tended that while the protection of the game supply of the State 
 was within the police power, the act in question was an unlawful 
 and arbitrary exercise of that power because protection of the game 
 of this State did not require a penalty to be imposed for the pos- 
 session out of season of imported birds of the kind held by the de- 
 fendant. The court sustained the conviction, Cullen, Ch. J., say- 
 ing, at page 131 : 
 
 " To the argument that the exclusion of foreign game in 
 no way tends to the preservation of domestic game, it is suffi- 
 cient to say that substantially the uniform belief of legisla- 
 tures and people is to the contrary, and that both in Eniilaiid 
 and many of the States in this country legislation prohibiting 
 the possession of foreign game during the close season has 
 
 
' '. 
 
 f 
 
 lif- 
 
 
 ^^8 Appendix II 
 
 been upheld as being necessary to the protection of domestic 
 game, on the ground that without such inhibition or restric- 
 tion any law for the protection of domestic game could be 
 successfully evaded ♦ * ♦ (citing cases)." 
 
 This decision was affirmed by the United States Supreme Court 
 (211 U. S. 31), Mr. Justice Day saying at page 40 : 
 
 " It is insisted that a method of inspection can be estab- 
 lished which will distinguish the imported game from that 
 of the domestic variety and prevent confusion in its handling 
 and selling. That such game can be distinguished from 
 domestic game has been disclosed in the record in this case, 
 and it may be that such inspection laws would be all that 
 would be required for the protection of domestic game. But, 
 subject to constitutional limitations, the legislature of the 
 State is authorized to pass measures for the protection of 
 the people of the State in the exercise of the police power, 
 and is itself the judge of the necessity or expediency of the 
 means adopted. In order to protect local game during the 
 closed season it has been found expedient to make possession 
 of all such game during that time, whether taken within or 
 without the State, a misdemeanor. In other States of the 
 Union such laws have been deemed essential, and have been 
 sustained by the Courts. * * * (citing cases). It has 
 been provided that the possession of certain kinds of game 
 during the closed season shall be prohibited, owing to the 
 possibility that dealers in game may sell birds of the domestic 
 kind under the claim that they were taken in another State 
 or county." 
 
 In Purity Company v. Lynch (226 U. S.) 192, Mr. Justice 
 Hughes said, at page 201 : 
 
 " That the state, in the exercise of its police power, may 
 prohibit the selling of intoxicating liquors is undoubted 
 * * * (citing cases). It is also well established that, 
 when a state exerting its recognized authority, undertakes to 
 suppress what it is free to regard as a public evil, it may 
 
 Bbiefs Submitted by Commission 
 
 339 
 
 adopt such measures having reasonable relation to that end 
 a>s it may deem necessary in order to make its action effective. 
 It does not follow that because a transaction separately con- 
 sidered is innocuous it may not be included in a prohibition, 
 the scope of which is regarded as essential in the legislative 
 judgment to accomplish a purpose within the admitted power 
 of the Government * * * (citing cases). With the 
 wisdom of the exercise of that judgment the court has no con- 
 cern ; and unless it clearly appears that the enactment has no 
 substantial relation to a proper purpose, it cannot be said 
 that the limit of legislative power has been transcended. To 
 hold otherwise would be to substitute judicial opinion and ex- 
 pediency for the will of the legislature, a notion foreign to our 
 constitutional system." (Italics ours). 
 
 And at page 204 : 
 
 " It was competent for the legislature of Mississippi to 
 recognize the difficulties besetting the administration of laws 
 aimed at the prevention of traffic in intoxicants. It pro- 
 hibited, among other things, the sale of ' malt liquors.' In 
 thus dealing with a class of beverages which, in general, are 
 regarded as intoxicating, it was not bound to resort to a dis- 
 criminating with respect to ingredients and processes of 
 manufacture which, in the endeavor to eliminate innocuous 
 beverages from the condemnation would facilitate subterfuges 
 and frauds and fetter the enforcement of the law. A con- 
 trary conclusion, logically pressed would save the nominal 
 power while preventing its effective exercise. The statute 
 establishes its own category. The question in this court is 
 whether the legislature had power to establish it. The ex- 
 istence of this power, as the authorities we have cited abun- 
 dantly demonstrate, is not to be denied simply because some 
 innocent articles or transactions may be found within the 
 prescribed class ♦ ♦ *. 
 
 " That the opinion is extensively held that a general pro- 
 hibition of the sale of malt liquors, whether intoxicating or 
 not, is a necessary means to the suppression of trade in intoxi- 
 cants, sufficiently appears from the legislation of other states 
 
f 
 
 
 ^^^ Appendix II 
 
 and the decision of the courts in its construction ♦ * ♦ 
 (citing cases). We cannot say that there is no basis for this 
 widespread conviction/' (Italics ours.) 
 
 In Riley v. Massachusetts (232 U. S. 271, decided 1914), the 
 defendant was convicted for violating a statute of Massachusetts, 
 providing that no child or woman be employed in a manufacturing 
 establishment more than ten hours a day (except to make a shorter 
 day's work of one day of the week), or more than fifty-six hours 
 a week, and re(iuiring the employer to post a notice stating the 
 number of hours of work required by women and child workers 
 on each day of the week, the hours of commencing and stopping 
 work, and when the time allowed for meals begins and ends. The 
 statute prohibited and made a criminal offense the employment 
 of women and children at a time other than stated in the notice. 
 The defendant was convicted for employing two women at five 
 minutes of one in the afternoon in a room where a notice was 
 posted, in which was stated that the time of commencing work was 
 6:50 A. M., of stopping work, 6 p. m., and the time allowed for 
 dinner began at 12 m. and ended at 1 r. m. It was urged that 
 the section in question was unconstitutional because it not only 
 prohibited the employment of women more than 10 hours a day 
 but provided that the employment of a woman at a time other than 
 stated in the printed notice required by the section, was to be 
 deemed a violation of the section regardless of the number of hours 
 the woman actually worked. The United States Supreme Court 
 sustained the conviction, Mr. Justice McKenna saying, at page 
 
 " The provision is arbitrary and unreasonable, it is in- 
 sisted, in that it requires the employer to poet a notice in a 
 room in which women and minors are permanently employed 
 in laboring only six hours a day, and makes it a crime if 
 such person is allowed to work for five minutes at a time other 
 than as stated in the notice. But if we might imagine that 
 an employer would so enlarge the restrictions of the statute or 
 be charged with violating it if he did, we yet must remember 
 that, as it was competent for the state to restrict the hours 
 of employment, it is also competent for the state to provide 
 
 Briefs Submitted by Commission 
 
 841 
 
 I !' 
 
 administrative means against evasion of the restriction (citing 
 cases). 
 
 Neither the wisdom nor the legality of such means can he 
 judged by extreme instances of their operation. The pro- 
 vision of § 48 cannot be pronounced arbitrary." (Italics 
 ours.) 
 
 The principle of law established by these cases is clearly ap- 
 plicable to the case at bar. If a closing hour and an opening hour 
 are not fixed by the law, it could not be enforced through ordi- 
 nary methods of inspection to which the State would be justified 
 in resorting. To prove a violation, that is to prove that a woman 
 was employed continuously at night, a factory inspector would 
 have to be stationed in the establishment all night long or else a 
 prosecution would have to be instituted on mere suspicion, which 
 would be improper. 
 
 The presence of a woman in a factory at three o'clock in the 
 morning, for instance, would not be sufficient to secure a con- 
 viction. Reliance cannot he had on the woman worker who is 
 either compelled to work in violation of law by her employer, or 
 who desires to do so to accomplish her own ends. Experience with 
 the fifty-four hour law for women shows how difficult it is of en- 
 forcement. To secure a conviction, an inspector virtually has to 
 be stationed in the factory to ascertain when the woman comes to 
 work and at what time she leaves. It is impossible for the State 
 to resort to this method of inspection except in unusual cases, and 
 the State has to rely on complaint or on the voluntary co-operation 
 of the workers, which it has been shown is most difficult to secure. 
 It is true that work at night at ten minutes past ten, or from ten 
 to twelve, might not injure or affect the health of women workers. 
 But those are not the cases which this law was designed to meet. 
 These cases are hypothetical, invented for the purpose of argument. 
 They do not in fact occur. Those are the transactions which, as 
 Mr. Justice Hughes has said, " separately considered " are '^ in- 
 nocuous," but which must be " included in a prohibition the scope 
 of which is regarded as essential in the legislative judgment to 
 accomplish a purpose within the admitted power of the Govern- 
 ment." 
 
342 
 
 Appendix II 
 
 I 
 
 I. 
 
 l! 
 
 tl 
 
 It 
 
 III I 
 I 
 
 4 
 
 There are no such cases in actual practice. In the case at bar 
 the woman worked all night long, and that is the right for which 
 the appellant in this case is contending. Anything else is sham 
 and pretence, and this Court should not close its eyes to what the 
 actual facts are. A law should not be condenmed because it is 
 contended that as a theoretical proposition in isolated cases, it 
 might lead to absurd results. Such a conclusion would discard 
 almost every beneficent health law that we have on the statute 
 books today. 
 
 " *A11 laws,' this court has said, * should receive a sensible 
 constitution. General terms should be so limited in their 
 applicaion as not to lead to injustice, oppression, or absurd 
 consequence. * * * The reason of the law in such cases 
 should prevail over its letter.' " 
 
 Jacobson v. Massachusetts, 197 U. S. 11, 39. 
 
 As in Purity Company v. Lynch (226 U. S. 192, 201), so in 
 this case, we can say that the opinion is extensively held that the 
 fixing of a closing and opening hour is a necessary means for the 
 suppression of the continuous night shift and prolonged overtime 
 of women in factories. This sufficiently appears from the legisla- 
 tion of other states and countries. There are seven states in this 
 country which have prohibited night work of women. In all but 
 one, a closing and an opening hour has been fixed in the law. In 
 that one case, only the closing hour was fixed, and the result is that 
 the law is being ignored. In every European country that has 
 legislated on this subject and prohibited night work of women in 
 factories, there is a closing hour and an opening hour specified in 
 the law, so that it might be effectively enforced. Whether the 
 closing hour was properly fixed, whether it should have been fixed 
 at eleven or twelve o'clock instead of ten o'clock, or whether the 
 opening hour should have been fixed at four or five o'clock instead 
 of six o'clock in the morning are matters that are within the 
 discretion of the Legislature. With the wisdom of the selection of 
 the hours the court should have no concern. 
 
 The act under consideration is a most reasonable one. The 
 Commission in its report said: 
 
 Briefs Submitted by Commission 
 
 343 
 
 " The proposed law is a moderate measure. It is most 
 fair and reasonable to all concerned. It provides that women 
 employed in factories shall have a period of rest at night 
 between 10 p. m. and 6 a. m. It thus allows a stretch of 16 
 hours — from 6 o'clock in the morning until 10 o'clock at 
 night — during which the 10 hours of daily labor permissible 
 by law may be performed. Early evening work is not cur- 
 tailed, but the excessive overtime, extending, as has been 
 shown, until long after 10 p. m. is confined to more reasonable 
 limits. The dangerous all night shift is prohibited. 
 
 No legitimate industry will suffer from this measure, 
 urgently needed to protect the health of the workers and to 
 assist the factory inspectors in the difficult task of enforce- 
 ment. 
 (Second Report, New York State Factory Investigating Com- 
 mission, Vol. I, page 212.) 
 
 It is one thing for the court to disapprove of the means taken by 
 the Legislature to prevent its will from being thwarted and 
 another to put it outside the pale of rational entertainment. 
 
 In Bohmer v. Haffen (161 N. Y. 390), Parker, C. J., said at 
 page 399 : 
 
 • " Whether the legislation was wise is not for us to consider. 
 The motive actuating and the inducements held out to the 
 legislature are not the subject of inquiry by the courts, which 
 are bound to assume that the law-making body acted with a 
 desire to promote the public good. Its enactments must 
 stand, provided always that they do not contravene the Con- 
 stitution, and the test of constitutionality is always one of 
 power — nothing else. But in applying the test the courts 
 must bear in mind that it is their duty to give the force of 
 law to an act of the legislature whenever it can be fairly so 
 construed and applied as to avoid conflict with the Consti- 
 tution." 
 
 Professor James B. Thayer has summed up the proposition in a 
 few words when he says (American Doctrine of Constitutional 
 Law, 7 Harvard Law Review, 129, 148) : 
 
34:4 Appendix II 
 
 " To ask ^ should we have found the same verdict ' is surely 
 not the same thing as to ask whether there is room for a 
 reasonable difference of opinion. ♦ ♦ ♦ The judicial 
 function is merely that of fixing the outside border of reason- 
 able legislative action, the boundary beyond which the * * * 
 police power, and legislative power in general cannot go 
 without violating the prohibitions of the constitution or 
 crossing the line of its grants." 
 
 It 
 ; 
 
 Briefs Submitted by Commission 345 
 
 IV. 
 
 THE STATUTE UNDER CONSIDERATION DOES NOT 
 DENY TO WOMEN THE EQUAL PROTECTION OF THE 
 LAW. 
 
 Legislation limiting the hours of labor of women generally has 
 been sustained as constitutional by the same Court which held such 
 legislation invalid as to men. 
 
 Lochner v. N. Y. 198 U. S. 45 (1905). 
 Muller V. Oregon, 208 U. S. 412 (1908). 
 
 affirmed in Hawley v. Walker, 232 U. S. 718 (1914). 
 
 The appellant, under Point 5 in his brief, says, at page 45 : 
 
 " Under modern conditions, the status of adult women and 
 their rights and privileges in industrial occupations, are 
 identical with those of men.'' 
 
 The Supreme Court of the United States in 1908 showed the 
 fallacy of that proposition in Muller v. Oregon, 208 U. S. 412, 
 affirmed as late as February, 1914, in Hawley v. Walker, 232 U. 
 S. 718. No better reply can be made to the appellant's contention 
 than to quote the words of Mr. Justice Brewer, speaking for the 
 entire court in the Oregon case who says at pages 419, 422 : 
 
 " We held in Lochner v. New York, 198 U. S., 45, that a 
 law providing that no laborer shall be required or permitted 
 to work in bakeries more than sixty hours in a week or ten 
 hours in a day was not as to men a legitimate exercise of the 
 police power of the State, but an unreasonable, unnecessary, 
 and arbitrary interference with the right and leberty of the in- 
 dividual to contract in relation to his labor, and as such was 
 in conflict with, and void under, the federal constitution. 
 That decision is invoked by plaintiff in error as decisive of 
 the question before us. But this assumes that the difference 
 between the sexes does not justify a different rule respecting 
 a restriction of the hours of labor (p. 419). 
 
 " Though limitations upon personal and contractual rights 
 may be removed by legislation, there is that in her disposition 
 and habits of life which will operate against a full assertion 
 
Ilii 
 
 i'< 
 
 N ' 
 
 346 Appendix II 
 
 of those rights. She will still be where some legislation to 
 protect her seems necessary to secure a real equality of right 
 Doubtless there are individual exceptions, and there are 
 many respects in which she has an advantage over him ; but 
 looking at it from the viewpoint of the effort to maintain an 
 independent position in life, she is not upon an equality. 
 Differentiated by these matters from the other sex, she is 
 properly placed in a class by herself, and legislation designed 
 for her protection may be sustained, even when like legisla- 
 tion is not necessary for men and could not be sustained. It 
 is impossible to close one's eyes to the fact that she still looks 
 to her brother and depends upon him. Even though all 
 restrictions on political, personal, and contractual rights were 
 taken away, and she stood, so far as statutes are concerned, 
 upon an absolutely equal plane with him, it would still be 
 true that she is so constituted that she will rest upon and 
 look to him for protection ; that her physical structure and a 
 proper discharge of her maternal functions — having in view 
 not merely her own health but the well-being of the race — 
 justify legislation to protect her from the greed as well as the 
 passion of man. The limitations which this statute places 
 upon her contractual powers, upon her right to agree with her 
 employer as to the time she shall labor, are not imposed 
 solely for her benefit, but also largely for the benefit of all. 
 Many words cannot make this plainer. The two sexes differ 
 in structure of body, in the functions to be performed by 
 each, in the amount of physical strength, in the capacity for 
 long-continued labor, particularly when done standing, the 
 influence of vigorous health upon the future well-being of 
 the race, the self-reliance which enables one to assert full 
 rights, and in the capacity to maintain the struggle for sub- 
 sistence. This difference justifies a difference in legislation 
 and upholds that which is designed to compensate for some 
 of the burdens which rest upon her " (p. 422). 
 
 This case upheld the right of the State to limit the working 
 hours of women to not more than 10 hours in any one day, with- 
 out regard to the healthfulness of the particular employment in 
 which the women were engaged. 
 
 
 Briefs Submitted by Commission 347 
 
 V. 
 
 THE DECISION IN THE WILLIAMS CASE IS NOT 
 DECISIVE OF THE CASE AT BAR 
 
 A. — The present statute differs in important respects 
 
 FROM THAT UNDER CONSIDERATION IN THE WILLIAMS CASE 
 
 In the Williams case, Gray, J., said at page 134: 
 
 " I find nothing in the language of the section which sug- 
 gests the purpose of promoting health, except as it might be 
 inferred that for a woman to work during the forbidden hours 
 of night would be unhealthful." 
 
 In the present section the legislative intent was expressed in 
 the title of the act, and in the very body of the section itself, the 
 law reading: 
 
 " In order to protect the health and morals of women em- 
 ployed in factories by providing an adequate period of rest 
 a night, no woman shall be employed or permitted to work 
 in any factory before six o'clock in the morning or after ten 
 o'clock in the evening of any day." 
 
 The Legislature, when for the second time, it enacted the law 
 prohibiting night work of women in factories desired to pass a 
 measure to protect health and morals. That is no longer open to 
 doubt, and while not conclusive upon the Court, constitutes a 
 very important distinction between the two cases. 
 
 B. — Important facts of common knowledge relating to 
 
 THE EVILS OF NIGHT WORK WERE NOT BROUGHT TO THE ATTEN- 
 TION OF THE Court in the Williams case. 
 
 The Court is asked in this case to find a reasonable relation- 
 ship between health and morals and the prohibition of night work 
 by women. As a basis for such finding, there is presented to the 
 Court for consideration the following: 
 
 i; 
 
;J48 
 
 Appendix II 
 
 IT' 
 
 I 
 
 \ 
 
 1. The report of the Factory Investigating Commission, an 
 official legislative commission, based upon an investigation which 
 presents facts and findings that leave little room for doubt con- 
 cerning the evils of night work by women in factories. 
 
 2. The legislation in various States of this Union and in prac- 
 tically every country in Europe prohibiting night work for women. 
 
 Seven months before the Williams case was decided an inter- 
 national convention was entered into by the leading European 
 countries which recognized the evils of night work for women in 
 factories and recommended its prohibition. It does not appear, 
 however, that this fact was brought to the attention of the Court in 
 the Williams case. 
 
 The international agreement has been adopted by practically 
 all European countries, by many since the decision in the Williams 
 case. 
 
 3. " Facts of common knowledge " concerning the evils of night 
 work of women have been collected in a brief submitted as part of 
 a brief filed by the District Attorney in this case. These consist 
 of reports and findings of investigating commissions and opinions 
 of experts and others who have given consideration to the subject 
 
 The concensus of opinion is that night work by women is one 
 of the greatest evils in industry, and it should be prohibited in 
 the interests of the health of the women workers affected and of 
 posterity. 
 
 I^one of the foregoing was brought to the attention of the Court 
 in the Williams case. The Court today may take judicial notice 
 of all this new evidence. It may well be argued that if these 
 facts and authorities had been brought to the attention of the 
 Court at the time the Williams case was passed upon, and if at 
 that time it had before it the report of an official legislative com- 
 mission, established by law to inquire into industrial conditions 
 in this State, recommending as the result of its investigation the 
 enactment of such a law, the Court would have reached an 
 entirely different conclusion as to the evils of night work by women 
 in factories. 
 
 Briefs Submitted by Commission 
 
 349 
 
 C. — The necessity of a fixed closing and opening hour 
 TO secure a proper enfoucemknt of the purposes of the 
 
 BILL, THAT IS TO PROHIBIT THE CONTINUOUS NIGHT SHIFT AND 
 PROLONGED OVERTIME BY WOMEN IN FACTORIES, WAS NOT BROUGHT 
 TO THE ATTENTION OF THE CoURT IN THE WiLLIAMS CASE. 
 
 Under the authorities cited in Point III, particularly N. Y. 
 V. Hesterberg, Purity Extract Co. v. Lynch and Riley v. Massa- 
 chusetts, there can be little doubt as to the power of the Legisla- 
 ture to adopt such means to prevent its will from being thwarted. 
 
 We have shown that not only is a fixed closing and opening 
 hour a reasonable means of securing an enforcement of a statute 
 prohibiting night work, but that it is the only means. This fact 
 has been recognized in every law on the subject in this country 
 and in Europe with but one unimportant exception. It does not 
 appear that this important point was brought to the attention of 
 the Court in the Williams case. 
 
 B. — Change in the trend of judicial opinion since the 
 Williams case. 
 
 The decision in People v. Williams was the first and remains 
 the only decision of any superior court in the United States to 
 declare unconstitutional an act prohibiting the night work of 
 women in factories. 
 
 The decision in Muller v. Oregon (208 U. S. 412), it is true, 
 concerned solely an act limiting the number of hours of labor to 
 be performed by a woman in one day. The decision in People v. 
 Williams dealt with a statute prohibiting employment of women 
 before and after certain specified hours. But the opinion in the 
 Muller case lays down certain broad considerations of public 
 health and welfare which apply with equal justice to all limita- 
 tions upon women's labor, be they by night or by day. In ren- 
 dering its decision in the Williams case, this Court did not have 
 Muller V. Oregon as a precedent. On the contrary, the Court 
 followed closely the reasoning of a previous decision of the United 
 States Supreme Court in Lochner v. New York, decided in 1905 
 (198 U. S. 145). 
 
350 
 
 Appendix II 
 
 In this well-known case the Federal Supreme Court held in- 
 valid the New York hake shop law, which limited the employ- 
 ment of men in bakeries to 60 hours in one week. The Court de- 
 clared that law to be an unwarranted interference with the free- 
 dom of contract guaranteed by the federal constitution. That 
 reasoning was relied upon by this Court in People v. Williams. 
 
 " I need only refer," said Gray, J. (p. 136), " to the recent 
 case of Lochner v. State of New York, 198 U. S. 145, where 
 the Supreme Court of the United States had before it a 
 case arising in this state under a provision of the Labor Law, 
 which restricted the hours of labor for the employees of 
 bakeries. The argument there was, and it had prevailed in 
 this court, that the legislation was valid as a health law under 
 the police power; but the Federal Supreme Court refused 
 to recognize the force of the argument and held, if such 
 legislation could be justified, that the constitutional protec- 
 tion against interference with the liberty of person and the 
 freedom of contract was a visionary thing. It was held that 
 bakers ' are in no sense wards of the state ' * * ♦ 
 
 '^ So I think in this case that we should say an adult female 
 is in no sense a ward of the state.'' 
 
 But since the decision of the Lochner case, upon which Judge 
 Gray's argument was based, the current of judicial opinion has 
 flowed in another channel, and in 1908 the United States Supreme 
 Court, taking cognizance of the " world's experience on which the 
 legislation limiting the women's hours of labor is based," said 
 in the case of Muller v. Oregon, cited above : 
 
 " The two sexes differ in structure of body, in the func- 
 tions to be performed by each, in the amount of physical 
 strength, in the capacity for long continued labor, particu- 
 larly when done standing, the influence of vigorous health 
 upon the future well-being of the race, the self-reliance which 
 enables one to assert full rights, and in the capacity to main- 
 tain the struggle for subsistence. This difference justifies 
 a difference in legislation and upholds that which is designed 
 to compensate for some of the burdens which rest upon her " 
 (p. 422). 
 
 Briefs Submitted by Commission 
 
 351 
 
 I t 
 
 In 1914 the same Court reiterated this opinion in Hawley v. 
 Walker, 232 U. S. 718. This, then, is the decision of the highest 
 tribunal of the country concerning the relation between the em- 
 ployment of women and the public welfare. 
 
 It is significant also that since the Williams case was decided, 
 the Supreme Courts of five States, Illinois, Michigan, Ohio, Wash- 
 ington and California, have upheld laws limiting hours of labor 
 for women. Ritchie v. Wayman, 244 111. 509 ; People v. Elder- 
 ing, 98 N. E. Rep. 982; Withey v. Bloem, 163 Mich. 419; Ex 
 parte Hawley, 98 N. E. Rep. 1126; State v. Somerville, 122 
 Pac. Rep. 324; Ex parte Miller, 124 Pac. Rep. 427. Indeed, 
 the Supreme Court of Illinois, in Ritchie v. Wayman, decided in 
 1910, completely reversed a prior decision overthrowing the valid- 
 ity of an Illinois eight-hour law. The Court, in sustaining a new 
 ten-hour law, was not deterred, as the same Court had been four- 
 teen years before (Ritchie v. People, 155 111. 98, decided 1895) 
 by the theory of freedom of contract. 
 
 All that body of " general knowledge " concerning the ill 
 effects of the overwork of women, of which the Federal Supreme 
 Court had taken judicial cognizance, was again admitted to carry 
 its due weight, the Illinois Court remarking: 
 
 " What we know as men we cannot profess to be ignorant 
 of as judges." 
 
 E. Change in social and economic conditions. 
 
 The past two decades has witnessed a marked change in social 
 and economic needs. There is a greater strain in indus-try; 
 speeding up and high tension, due to complicated machinery and 
 subdivision of work, particularly in industries in which women 
 are employed, now exist as never before. 
 
 As is natural it has taken time for the people and for the 
 Courts to take cognizance of this changed condition of affairs 
 and of the necessary steps needed to guard against these evil 
 conditions and the dangers to the State that result from them. 
 With the appreciation of these new needs a changed attitude on 
 the part of people and of the Courts on matters of social reform 
 and improvement has now come, as it was bound to in time. 
 
 I 
 
V ■' 
 
 352 
 
 Appendix II 
 
 The ri^ts of society as a whole and the necessity for its pro- 
 tection and preservation are now regarded as of paramount im- 
 portance. This new conception Unds reflection in recent de- 
 cisions of the Oourts of every State in matters affecting the police 
 power. 
 
 The doctrine of stare decisis should not be applied to cases 
 affecting the police power, for those cases involve conclusions of 
 fact as to reasonableness rather than principles of law. The 
 limits of the police power are indefinite and change with vary- 
 ing conditions. In Noble State Bank v. Haskell, 219 U. S. 
 104, Mr. Justice Holmes said, at page 111 : 
 
 " It may be said in a general way that the police power 
 extends to all the great public needs. Camfield v. United 
 iStates, 167 U. S. 518; 42 L. ed., 260; 17 Sup. Ct. Rep. 
 864. It may be put forth in aid of what is sanctioned by 
 usage, or held by the prevailing morality or strong and pre- 
 ponderant opinion to be greatly and immediately necessary 
 to the public welfara" 
 
 The decision in the Williams case is therefore in no way de- 
 cisive of the case at bar. 
 
 I 
 
 Briefs Submitted by Commission 
 
 VI 
 
 353 
 
 AN ACT PASSED BY THE LEGISLATURE HAS 
 EVERY PRBSU]\IPTION IN ITS FAVOR AND SHOULD 
 :N"0T be DECLARED INVALID BY THE COURTS UN- 
 LESS ITS REPUGNANCY TO THE CONSTITUTION IS 
 CLEAR BEYOND ALL REASONABLE DOUBT. 
 
 Ogden V. iSaunders, 12 Wheat. (U. S.) 212. 
 
 Sinking Fund Cases, 99 U. S. 700. 
 
 Jacobson v. Massachusetts, 197 U. S. 11. 
 
 Lochner v. New York, 198 U. S. 45. 
 
 C, B. & Q. R. R. Co. V. McGuire, 219 U. S. 549. 
 
 People V. Supervisors, 17 N. Y. 235. 
 
 People ex rel. Kemmler v. Durst on, 119 N. Y. 569. 
 
 People ex rel. Nechamcus v. Warden, 144 N. Y. 529. 
 
 These authorities clearly establish the proposition that it is for 
 the Legislature to decide if a particular condition is injurious to 
 the public health, morals and welfare, and to determine by what 
 means such condition shall be remedied or regulated. The Court 
 has power to hold such action invalid only when it is palpable 
 and clear beyond doubt, that the condition or means adopted 
 to remedy it do not tend to affect the public health, morals or 
 welfare. 
 
 In Ogden v. Saunders, 12 Wheat 212, Mr. Justice Washing- 
 ton, after remarking that the question was a doubtful one said, at 
 page 270 : 
 
 « ♦ » ♦ jf I eould base my opinion in favor of the con- 
 stitutionality of the law * * * on no other ground than 
 this doubt, so felt and acknowledged, that alone would in my 
 estimation, be a satisfactory vindication of it. It is but a 
 decent rejpect due to the wisdom, integrity and patriotism 
 of the legislative body by which any law is passed, to pre- 
 sume in favor of its validity until its violation of the con- 
 stitution is proved beyond all reasonable doubt." 
 
 Vol. I — 12 
 
 ,* 
 
354 
 
 Appendix II 
 
 In the Sinking Fund Cases, 99 U. S. 700, Mr. Chief Justice 
 Waite said at page 718: 
 
 u « 
 
 rr 
 
 i -^ 
 
 ^ * This declaration (that an Act of Congress is 
 unconstitutional) should never be made except in a clear 
 case. Every possible presumption is in favor of the validity 
 of a statute and this continues until the contrary is shown 
 beyond a rational doubt." 
 
 In Jacobson v. Massachusetts, 197 U. S. 11, Mr. Justice Har- 
 lan said, at page 31 : 
 
 " Upon what sound principles as to the relations existing 
 between the different departments of government can the 
 court review this action of the legislature ? If there is any 
 such power in the judiciary to review legislative action in 
 respect of a matter affecting the general welfare, it can only 
 be when that which the legislature has done comes within the 
 rule that if a statute purporting to have been enacted to pro- 
 tect Ae public health, the public morals, or the public safety, 
 has no real or substantial relation to those objects, or is, 
 beyond all question, a plain, palpable invasion of righta 
 secured by the fundamental law, it is the duty of the courte 
 .to so adjudge, and thereby give effect to the constitution." 
 
 In Lochner v. New York, 198 U. S. 45, Mr. Justice Harlan, 
 in his dissenting opinion, concurred in by Justices White and 
 Day, at page 68, said : 
 
 ** Upon this point there is no room for dispute ; for, the rule 
 is universal, that a legislative enactment. Federal or state 
 is never to be disregarded or held invalid unless it be, be- 
 yond question, plainly and palpably in excess of legislative 
 power * * *•" 
 
 " If there be doubt as to the validity of the statute, that 
 doubt must therefore be resolved in favor of its validity, 
 and the courts must keep their hands off, leaving the legiflr 
 lature to meet the responsibility for unwise legislation. If 
 the end which the legislature seeks to accomplish be one to 
 which its power extends, and if the means employed to that 
 
 Bbixfs Submitted by Commission 
 
 355 
 
 end, although not the wisest or best, are yet not plainly or 
 palpably unauthorized by law, then the court cannot inter- 
 fere. In other words when the validity of a statute is ques- 
 tioned, the burden of proof — so to speak, is upon those who 
 aaeert it to be unconstitutional." 
 
 In C, B. & Q. R R. Co. v. McGuire, 219 U. S. 549, Mr. Jus- 
 tice Hughes said at page 569 : 
 
 " The principle involved in tkese decisions is that where 
 the legislative action is arbitrary and has no reasonable re- 
 lation to a purpose which it is competent for government to 
 effect, the legislature transcends the limits of its power in 
 interfering with liberty of contract ; but where there is rea- 
 sonable relation to an object within the governmental au- 
 thority, the exercise of the legislative discretion is not sub- 
 ject to judicial review. The scope of judicial inquiry in 
 deciding the question of power is not to be confused with the 
 scope of legislative considerations in dealing with the 
 matter of policy. Whether the enactment is wise or unwise, 
 whether it is best on sound economic theory, whether it is 
 the best means to achieve the desired results, whether, in 
 short, the legislative discretion within its prescribed limits 
 should be exercised in a particular manner, are matters for 
 the judgment of the legislature and the earnest conflict of 
 serious opinion does not suffice to bring them within the 
 range of judicial cognizance." 
 
 In People v. The Supervisors of Orange, 17 N. Y. 235, Har- 
 ris, J., said at page 241 : 
 
 "Before proceeding to annul by judicial sentence what 
 has been enacted by the law making power, it should clearly 
 appear that the act cannot be supported by any reasonable 
 intendment or allowable presumption." 
 
 In People ex rel. Kenmiler v, Burston (119 N. Y. 569), 
 (VBrien, J., said at page 577 : 
 
 " Every act of the Legislature must be presumed to be in 
 harmony with the fundamental law until the contrary is 
 
lii 
 
 ■'^■\ 
 
 S56 Appendix II 
 
 clearly made to appear (Metropolitan Board of Excise v. 
 Barrie, 34 N. Y. 666, 668 ; People ex rel. v. Briggs, 50 id. 
 553, 558; People v. Home Ins. €o., 92 id. S28, 344; People 
 ex rel. v. Albertson, 55 id. 50, 54; People v. Gillson, 109 id. 
 389, 397; People v. King, 110 id. 418). 
 
 In People ex rel. Xechamcus v. Warden (144 N. Y. 529), 
 Gray, J., said at page 536 : 
 
 " In the Oillson case it was observed by Judge Peckham 
 that if l^slation is calculated, intended, convenient or appro- 
 priate to accomplish the good of protecting the public health 
 and of serving the public comfort and safety, the exercise of 
 the legislative discretion is not the subject of judicial review ; 
 but those measures must have some relation to those ends. To 
 this unassailable proposition I will add the remark, that the 
 courts should always assume that the legislature intended by 
 its enactment to promote those ends and if the act admits of 
 two constructions, that should be given to it which sustains 
 it and makes it applicable in furtherance of the public in- 
 terests." 
 
 Briefs Submitted by Commission 
 
 VII 
 
 357 
 
 THE DECISION OF THE APPELLATE DIVISION 
 SHOULD BE AFFIRMED, AND THE STATUTE PRO- 
 HIBITING NIGHT WORK OF WOMEN IN FACTORIES, 
 HELD TO BE A VALID EXERCISE OF THE POLICE 
 POWER. 
 
 Night work of women in factories is injurious to the health and 
 morals of women workers and opposed to the welfare and best in- 
 terests of the people of the state generally. That is conclusively 
 established by the report of the Factory Investigating Commission 
 and by the opinions of other conamissions and of experts on t^e 
 subject, which are before this Court. A law prohibiting such 
 night work is a health measure and is within the police power of 
 the State. Such night work is prohibited in seven States of this 
 country and in practically every European country. 
 
 The fixing of a closing and an opening hour is a reasonable 
 means to effectuate the purposes of the act, that is the prevention 
 of the continuous all-ni^t shift and prolonged overtime of women 
 in factories. Opening and closing hours, in many cases more 
 drastic than those in the statute under consideration, have been 
 fixed in every law in this country (with one unimportant excep- 
 tion) and in Europe, on the subject. The present statute is rea- 
 sonable in its application and has met with general approval. It 
 does not deny to women the equal protection of the laws. That is 
 held by the United States Supreme Court in the cases of MuUer v. 
 Oregon and Hawley v. Walker, from which we have quoted at 
 
 len^. 
 
 We have shown ihat the decision of this Court in the case ol 
 People V. Williams is not decisive of the case at bar. The two 
 statutes differ in important respects. Essential facts concerning 
 the evils of night work now submitted to this Court, were not be- 
 fore the Court when the Williams case was decided. The action 
 of the International Convention of 1906 denouncing night work of 
 women in factories as one of the greatest industrial evils and rec- 
 ommending its prohibition, was not before that Court. That 
 Court did not have the benefit of an investigation of the subject 
 
358 
 
 APPEITDIX II 
 
 1 
 
 "II 
 
 such as is presented in this caso by the Factory Investigating Com- 
 mission. 
 
 The trend of judicial opinion has changed since the decision in 
 the WiUiams case. Then " People v. Lochner " was the guide. 
 To-day, it is " Muller v. Oregon and Hawley v. Walker." Prohi- 
 bition of night work of women in factories is demanded by the 
 change which has taken place in our industrial system. Social 
 and economic conditions have changed in recent years. The strain 
 of industry is greater than ever and this is particularly true in 
 occupations where large numbers of women are employed. The 
 WiUiams case should not be permitted to stand in the way of pro- 
 gress and of an improvement in conditions now shown to be essen- 
 tial. 
 
 For the second time, and this time upon consideration of the 
 facts and conditions disclosed in an official investigation, the legis- 
 lature has passed a law prohibiting night work of women in fac- 
 tories. To sustain this measure will maintain protection of the 
 health and morals of women workers, preserve their vitality as 
 wiv^ and mothers of the race and make for the welfare of the com- 
 munity and the benefit of humanity in general. 
 
 Kespectfully submitted, 
 
 ABRAM I. ELKUS, 
 ROBERT F. WAONER, 
 BERNARD L. SHIENTAG, 
 Counsel for the New York State Fac- 
 tory Investigating Commission as 
 
 February, 1915. 
 
 amicus curiae, 
 
 by permission of this Court 
 
 a. DEaSION OF THE COURT OF APPEALS SUSTAINING THE 
 CONSTITUTIONALITY OF THE LAW PROfflBITING NIGHT 
 WORK OF WOMEN IN FACTORIES 
 
 The People of the State of New York, 
 
 Respondent, 
 against 
 Charles Schweinler Press, a Corporation, 
 
 Appellant, 
 
 (Decided March 26, 1915) 
 
 This is an appeal from an order of the First Appellate Division 
 which reversed an order of the Court of Special Sessions of the 
 city of New York, granting a motion in arrest of judgment after 
 the appellant had been convicted of violating section 93b of the 
 Labor Law of this State (Cons. Laws, ch. 31, as amd. by L. 1913, 
 ch. 83), and denying said motion and remanding the case to said 
 Court of Special Sessions, there to be proceeded with according to 
 law. 
 
 The statute for violation of which the appellant was convicted 
 reads as follows: 
 
 " § 93-b. Period of rest at night for women. In order 
 to protect the health and morals of females employed in 
 * factories by providing an adequate period of rest at night 
 no woman shall be employed or permitted to work in any 
 factory in this state before six o'clock in the morning or 
 after ten o'clock in the evening of any day." 
 
 Alfred E. Onmien for appellant. 
 
 Walter J. Carlin for Association of Ice Cream Manufacturers, 
 intervener. 
 
 Charles A. Perkins, District Attorney (William A. De Ford 
 of counsel), for respondent. 
 
 [359] 
 
 ■ i 
 
I 
 
 360 
 
 Appendix II 
 
 I, 
 
 i' 
 
 I . 
 
 Egburt E. Woodbury, Attorney-General (Merton E. Lewis, of 
 counsel), in behalf of Labor Law. 
 
 Abram L Elkus, Robert F. Wagner and Bernard L. Shientag 
 for New York State Factory Investigating Commission as amicm 
 ctirtce, 
 
 HiscocK, J. This appeal presents for consideration a question 
 of the constitutionalitv of certain industrial legislation, so called 
 
 It IS undisputed that the appellant caused or permitted a mar- 
 ried woman to work in a factory operated by it between the hours 
 of ten o clock in the evening and six o'clock in the rooming, and 
 thereby violated the provisions of the act above quoted, and be- 
 came subject to the punishment duly prescribed for such violation. 
 It chaJlenges, however, the legality of its conviction for the reason 
 as claimed that said act unduly and unjustifiablv interferes with 
 the right of an adult woman to contract for her own labor and 
 thus violates various provisions of the Constitution both of the 
 Stat* and of the United States, which in effeet provide that no one 
 shall be deprived of life, liberty or property except bv due process 
 of law, and that no unjust discrimination shall be made between 
 different clasaes of citizens by denial of the equal protection <rf 
 law. 
 
 The answer to this challenge is that night work in factories as 
 contrasted with day lahor substantially affects and impairs the 
 • physical condition of women and prevents them from discharging 
 m a healthful and satisfactory manner the peculiar functions 
 which have been imposed upon them by nature, and that, there- 
 fore, It was within the power of the legislature to enact the statute 
 as a police regulation tending to protect the well-being of a large 
 class of citizens and promote the public welfare. 
 
 We are, therefore, presented with the issue whether it can be 
 said that night work by women in factories is so generally and sub- 
 stantially injurious to their health that the legislature was justi- 
 fied by public considerations in preventing the evil bv forbidding 
 the cause. In the determination of this question it will be well 
 first to summarize some of the facts and reasons which induced 
 the legislation, and, second, to test the sufficiency of these as a 
 basis for the statute by certain principles of law applicable to 
 such a case. 
 
 Night Work Cast Opinion 
 
 361 
 
 There are certain fundamental facts involved in the decision 
 of the question which are beyond any dispute. The statute forbids 
 night work simply in factories. We know as a matter of common 
 observation that such labor is generally performed in-doors and 
 that under average conditions and surroundings existing in fac- 
 tories^ oven when performed in the daytime, it is ordinarily 
 arduous and exacting. 
 
 Impairment caused by exhaustion or even ordinary weariness 
 must be repaired by normal and refreshing sleep and rest if health 
 and efficiency are to be preserved. The natural and common order 
 of work and rest is that the former shall be for the most part per- 
 formed during the hours of day and the latter enjoyed during 
 the night Habitual and continuous work by night is at variance 
 with this order. 
 
 Protection of the health of women is a subject of special con- 
 cern to the State. However confident a great number of people 
 may be that in many spheres of activity, including that of the ad- 
 ministration of government, woman is the full equal of man, no 
 one doubts that as regards bodily strength and endurance she is 
 inferior and that her health in the field of physical labor must be 
 specially guarded by the State if it is to be preserved and if she 
 is to continue successfidly and healthfully to discharge those 
 peculiar duties which nature has imposed upon her. This propo- 
 sition is fully recognized and stated in Muller v. Oregon (208 
 U. S. 412, 421 where it was said: "That wonum's physical 
 structure and the performance of maternal functions place her at 
 a disadvantage in the struggle for subsistence is obvious. This is 
 especially true when the burdens of motherhood are upon her. 
 Even when they are not, by abundant testimony of the medical 
 fraternity continuance for a long time on her feet at work, re- 
 peating this from day to day, tends to injurious effects upon the 
 body, and as healthy mothers are essential to vigorous offspring, 
 the physical well-being of woman becomes an object of public 
 interest and care in order to preserve the strength and vigor of 
 the race. * * ♦ Differentiated by these matters from the 
 other sex, she is properly placed in a class by herself, and legisla- 
 tion designed for her protection may be sustained, even when like 
 l^slation is not necessary for men and could not be sustained.^' 
 
 \ 
 
362 
 
 Appendix II 
 
 w 
 
 l!i 
 
 And if any further brief evidence of the truth oi the proper 
 sition were necessary it would be found in the many statutes which 
 have been adopted in this State without question of their consti- 
 tutionality particularly designed to protect and preserve the health 
 of women when engaged in various kinds of physical labor. 
 
 Moved in part it may be by such general and underlying conr 
 siderations as these, imder and in accordance with two statute* 
 adopted by our Legislature in 1911 and 1912 (Laws of 1911 
 chapter 501; Laws of 1912, chapter 21), there was appointed in' 
 the latter year a factory investigating commission. This commi«r 
 sion considered this subject of night work by wcHnen in factories 
 aiid m 1913 made a report to the Legislature, recommending that 
 there be passed the law now before us prohibiting it It reported 
 that such prohibition was essential to protect and preserve the 
 health and to some extent the morals of women. It stated : " The 
 chief danger of health from night work is ♦♦ * due to the 
 inevitable kck of sleep and sunlight Recuperation from fatigue 
 takes place fully only in sleep, and best, in sleep at night Henoc^ 
 mght work is, in a word, against nature. When exhausting faiv 
 toiy work fills the night, and household work most of the day 
 health must inevitably be sacrificed. This injuiy to health is aU 
 the greater, because sleep lost at night by working women is never 
 fully made up by day. For, in the first place, sleep in the daytime 
 IS not equal in recuperative power to sleep at night. ♦ ♦ » 
 Moreover, quiet and privacy for sleep by day is almost impossible 
 to secure. Upon returning home in the middle of the night or at 
 dawn the workers can snatch at most only a few hours' rest" 
 
 While it is impossible to review at length this report and recom- 
 mendation and the foundations therefor, it may briefly and gener- 
 ally be stated that it was based upon and supported by quite an 
 extensive investigation by the commission of actual factory con- 
 ditions in this State where women performed night work, by many 
 opinions of medical and other experts, and examination of other 
 industrial investigations and legislation adopted in other juris- 
 dictions in obedience we must assume to public opinion, for- 
 bidding such night work. It was also supported, whethJr ex- 
 pressly so stated or not, by the general considerations first above 
 set forth. Amongst other things in the report to which special 
 
 Night Work Cast Opinion 
 
 363 
 
 reference may be made, it appeared that in 1906 there assembled 
 in Switzerland representatives of fourteen European governments 
 who signed an international convention for the prohibition of in- 
 dustrial work at night by women, and that prior to 1912 all of 
 the powers represented except one had ratified the convention, and 
 that in many cases such legislation provided for a longer period 
 of rest at night than that recommended by the international agree- 
 ment. It also appears now by the briefs submitted to us, whether 
 that was stated in the report or not, that nine of the United States 
 had passed legislation prohibiting such night work by women. 
 
 Thus at the time when this statute was adopted there was before 
 the Legislature the report of a commission created by it to con- 
 sider and report on this subject, based on natural laws and on 
 actual investigation, a large volume of expert and medical opinion 
 and a large number of statutes adopted in various jurisdictions, all 
 of which tended to show a careful and long-continued study and 
 examination of the subject of night work by women, and as a 
 result of such study and examination a wide-spread belief that 
 such work was so injurious to their health that it ought to be pro- 
 hibited both for their own sakes and for the sake of the offspring 
 whom they might bear. 
 
 We then come to the query whether such facts, evidence and 
 information furnished a sufficient reason for action by the Legis- 
 lature and justified the statute which was adopted, and I think 
 the answer must be in the affirmative. 
 
 In the decision by the Legislature whether it should adopt such 
 l^slation, and in the determination by us whether the Legis- 
 lature was justified in adopting it, it was and we are entitled to 
 take into account the report made by the commission, such facts 
 tending to support it as were matters of common knowledge, and 
 the widespread and long^^ntinued belief evidenced by statutes 
 and in other manners that night work by women in such a place 
 as a factory is so injurious that grave dangers therefrom are to 
 be apprehended. 
 
 In Muller v. Oregon (supra) it was said: "Constitutional 
 questions, it is true, are not settled by even a consensus of present 
 public opinion, for it is the peculiar value of a written constitu- 
 tion that it places in unchanging form limitations upon legislative 
 
•II 
 
 364 
 
 Appendix II 
 
 Night Work Cast Opinion 
 
 365 
 
 
 I 
 
 li; 
 !. 
 
 action, and thus gives a permanence and stabilitjr to popular 
 government which otherwise would be lacking. At the same time, 
 when a question of fact is debated and debatable, and the extent to 
 which a special constitutional limitation goes is eifected by the 
 truth in respect to that fact, a widespread and long-continued 
 belief concerning it is worthy of consideration. We take judicial 
 cognizance of all matters of general knowledge." (p. 420.) 
 
 In Matter of Viemeister (179 N. Y. 235, 240), which con- 
 sidered the constitutionality of a statute passed in the exercise of 
 the police power of the state concerning vaccination, it was said : 
 **A common belief, like common knowledge, does not require evi- 
 dence to establish its existence, but may be acted upon without 
 proof by the Legislature and the courts. While the power to take 
 judicial notice is to be exercised with caution and due care taken 
 to see that the subject comes within the limits of common knowl- 
 edge, still, when according to the memory and conscience of the 
 judge, instrnoted by recourse to such sources of information as he 
 deems trustworthy, the matter is clearly within those limits, the 
 power may be exercised by treating the fact as proved without 
 allegation or proof." 
 
 And again it was written in Brown v. Piper (91 U. S. 37, 42) 
 that " Courts will take notice of wiiaterer is generally known 
 within the limits of l^eir jurisdiction." 
 
 The knowledge and information before the Legislature which it 
 was thus entitled to consider presented to it a subject of general 
 interest and public concern which justified ccmsideration and 
 l^slation. It warranted the belief that night work by women in 
 factories is generally, substantially and especially detrimental to 
 their health, and surely it is a matter of vital importance to the 
 State that the health of thousands of women working in factories 
 ^ould be protected and safeguarded from any drain which can 
 reasonably be avoided. This not only for their own sakes but, as 
 is and ought to be constantly and legitimately emphasized, for the 
 Bake of the children whom a great majority of them will be called 
 on to bear and who will almost inevitably display in their de- 
 ficiencies the unfortunate inheritance conferred upon them by 
 physically bn^en down mothers. 
 
 The Legislature was justified in preventing any such evils as 
 those which were outlined, both real and fairly to be anticipated, 
 
 by any legislation which reasonably tended to prevent them, and 
 it had a wide discretion in formulating the means which it would 
 adopt to this end. (People ex rel. Nechamcus v. Warden, etc., 
 144 N. Y. 529, 535; People v. Ewer, 141 X. Y. 129.) 
 
 It was a sufficient basis in that respect for action if only there 
 were reasonable grounds for belief that such labor was thus in- 
 jurious, even though there was an " earnest conflict of serioua 
 opinion " on the subject. (Holden v. Hardy, 169 U. S. 366, 
 395; Erie Railroad Co. v. New York, 233 U. S. 671, 699.) 
 
 The only question then left is the one whether the Legislature 
 was justified in going so far as to prohibit night labor in factories 
 between the hours named by it as a means of promoting the public 
 welfare by averting the actual or apprehended misfortune of 
 broken health of working women. There are well-established gen- 
 eral rules by which to test this question. 
 
 In considering legislation adopted for sudi a purpose we must 
 start out with the presumption that it is constitutional and valid. 
 (People ex rel. Kemmler v. Durston, 119 N. Y. 569, 577.) If 
 the statute upon its face appears to be reasonable and just and 
 appropriate, and we can fairly believe that its natural conse- 
 quences will be in the direction of betterment of public health 
 and welfare, and, therefore, that it is one which the State for ita 
 protection and advantage may enact and enforce, it will be the 
 duty of the courts to pronounce it constitutional even though they 
 should doubt its wisdom. (Pe(^le v. Klinck Packing Co., 214 
 N. Y. 121 ; Holden v. Hardy, 169 U. S. 366, 395.) Or, to state 
 the rule in converse form, before we can pronounce such a statute 
 as that now before us unconstitutional we must be able to see 
 either that there is no real, substantial evil of public interest to be 
 guarded against or that there is no reascmable relation between 
 the evil and the purported cure or prevention offered by the 
 statute. (Booth v. Illinois, 184 U. S. 425 ; Chicago, B. & Q. R. 
 R Ca V. McGuire, 219 U. S. 549.) 
 
 It is not a basis for a constitutional objection to a statute like 
 this generally prohibiting the labor of women between certain 
 hours that in exceptional cases it may prevent employment of 
 some women for a short time between those hours under such con- 
 ditions as would be productive of no substantial harm. A Legis- 
 lature must legislate in general terms, and its mandates are not 
 
 i 
 
rt 
 
 366 
 
 Appendix II 
 
 Night Work Cast Opinion 
 
 367 
 
 I i 
 
 i y 
 
 i] 
 
 I I- 
 
 J 
 
 constitutionally vulnerable because having power to act concern- 
 ing a certain subject and to legislate in terms reasonably calcu- 
 lated to accomplish the general purpose within the scope of its 
 authority, it covers and prohibits some isolated transaction which 
 by itself would be harmless and unobjectionable. (Purity Ex- 
 tract & Tonic Co. V. Lynch, 226 U. S. 192; People ex rel. Hill 
 V. Hesterberg, 1S4 N. Y. 126, 131 ; Otis v. Parker, 187 U. S. 
 606.) 
 
 Neither is it an effective objection to a statute if some of those 
 who will be protected by its provisions oppose such protection, 
 for the State has such an interest in the welfare of its citizens 
 that it may if necessary protect them against even their own in- 
 difference, error or recklessness. (Holden v. Hardy, 169 U. S. 
 366; Hennington v. Oeorgia, 163 U. S. 299.) Nor if some casoi 
 which might have been included are omitted, for pcJice legislation 
 may rest on narrow distinctions. Eeokee Cons. Coke Co. v. 
 Taylor, 234 U. S. 224; German Alliance Ins. Co. v. Kansas, 
 233 U. S. 389.) 
 
 Tested and fortified by these rules, we cannot and ought not 
 to say that the Legislature did not act within the wide powers of 
 discretion and judgment possessed by it in adopting the pn>- 
 hibition which it did as a means of preventing the evils with 
 which it was justified in believing the state to be threatened as 
 the result of such night work by women. 
 
 There can be no doubt that the means adopted tended to pre- 
 vent the apprehended danger. The only chance for debate would 
 be whether the prohibition is so wide and so imiversal that it can 
 be said that it is so out of proportion to the benefits sought that 
 it is burdensome and unseasonable to a degree which transcends 
 the discretion of the Legislature. We feel sure this cannot be 
 said. What is reasonable and appropriate in such a matter must 
 be lai^ly decided by prevailing opinion and judgment, and by 
 reference to what has been and is being done with approval by 
 this and other states and countries in the same and similar 
 matters, and, as has been pointed out, there is no lack of support 
 in such respects for the present enactment If it is proper, as it 
 certainly has been held to be both by widely held public opinion 
 and by the decisions of the Supreme Court of the land, to protect 
 
 the health of woman by restricting the hours during which she 
 may labor in certain pursuits, it cannot be said as a matter of 
 €»nstitutional law that it is illogical and improper for the Legis- 
 lature to take the further step, which it now has taken, and say 
 that those hours of labor must not be performed at times and 
 imder conditions which as a matter of general experience tend 
 generally and substantially to break down the health of the 
 laborer. It requires no very great exercise of judgment and dis- 
 cretion to justify this additional forward step in protective regu- 
 lation, and it seems to us to be within the power possessed by the 
 Legislature. Of course we are well aware that the process of 
 justifying a new step by the fact that it marks but a short ad- 
 vance over the last preceding one if continued long enough may 
 lead to extremes which cannot be approved. But while we may 
 appreciate that possibility, we only have before us now the specific 
 advance taken by this particular statute, and as we have indicated 
 we think that it is not only not condemned by the test of all the 
 facts and principles of law which are applicable, but is supported 
 and sustained by them. 
 
 Various other grounds have been urged upon our attention as 
 ones upon which the constitutionality of the statute might rest. 
 They have not been overlooked, but it is deemed unnecessary to 
 consider them in view of our conclusion in respect of the question 
 which has been discussed. 
 
 Therefore, we conclude the statute is constitutional as a police 
 regulation in the interest of public health and the general welfare 
 of the people of the Stata 
 
 In reaching the conclusion above set forth we have not over- 
 ]<x>ked or failed to consider the forcibly expressed argument of 
 the appellant that we have been passing through days when many 
 pec^le were prodigal in their generous willingness to devise 
 statutory cures for other people who neither demanded, desired 
 or needed them, and that this statute in its universal application 
 to all factories will inflict unnecessary hardships on a great many 
 women who neither ask nor require its provisions by depriving 
 them of an opportunity to earn a livelihood by perfectly healthful 
 labor although performed during some of the hours of the night. 
 There may or may not be force in s(Mne of these arguments. They 
 
368 
 
 Appendix II 
 
 lif 
 
 ; M 
 
 I 
 
 
 111 
 
 '♦^ 
 
 |i 
 
 are of the kind which involve questions of discretion, judgment 
 and public policy and must be addressed to the Legislature. To 
 put the proposition in a little different way than it is ordinarily 
 stated the question before us is really whether the facts and con- 
 siderations before and within the knowledge, actual and theo- 
 retical, of the Legislature, gave them jurisdiction to decide that 
 night woric in factories generally was or might be so injurious to 
 the health of women engaged therein that it should be prohibited 
 in the interest of public health and welfare. If, as we have held 
 to be the case, such facts and information did give it jurisdiction 
 to act, the selection of the method and extent of its action was 
 largely within its discretion and not to be reviewed by us* If it 
 be the actual case that this law as a matter of fact does bear too 
 severely on certain classes of nightrworking women, the Legisla- 
 ture ou^t to be open to argument in favor of appropriate modifi- 
 cations of and exceptions to the present statute such as they have 
 made in the case of other industrial statutes. (Pe(^le v. Klinck 
 Packing Co., 214 K. Y. 121.) At any rate, it ought not to be 
 expected that this Court will seek to offset the errors in judgment 
 of the Legislature, if any there be, in the case of such l^ialation 
 by straining to overcome the presumpticm of validity which at^ 
 tacfaes to such a measure when it comes from the hands of the 
 law-making body and by affixing the stamp of unconstitutionality 
 unless it is clearly called for. 
 
 Lastly, it is urged that whatever might be our original views 
 concerning this statute, our decision in People v. Williams (1S9 
 K. Y. 131) is an adjudication which ought to bind us to the con- 
 clusion that it is unconstituti(Mial. WhUe it may be that this 
 argument is not without an apparent and superficial foundation 
 and ought to be fairly met, I think that a full consideration of 
 the Williams case and of the present one will show that they may 
 be really and substantially differentiated and that we should not 
 be and are not committed by what was said and decided in the 
 former to the view that the L^slature had no power to adopt the 
 present statute. 
 
 The statute under consideration in the Williams case, like the 
 present one, prohibited night wtM^k by women in factories, and 
 while its provisions were somewhat more drastic than those of the 
 
 Night Work Cast Opinion 
 
 369 
 
 I 
 
 present one, it may be conceded that these differences were of 
 details and would not serve to distinguish that statute from the 
 present one in respect of its constitutionality. But the facts on 
 which the former statute might rest as a health regulation and the 
 arguments made to us in behalf of its constitutionality were far 
 different than those in the present case. 
 
 That statute bore on its face no clear evidence that it was 
 passed for the purpose of protecting the health and welfare of 
 women working in factories, and while of course the presence of 
 or absence of such a label would not be controlling in determining 
 the purpose© and validity of the statute, it still was in that case 
 an incident of some importance as leading to the conclusions 
 finally expressed by Judge Gray and adopted by the court as ap- 
 pears by the quotations from his opinion hereafter made. 
 
 While theoretically we may have been able to take judicial 
 notice of some of the facts and of some of the legislation now 
 called to our attention as sustaining the belief and opinion that 
 night work in factories is widely and substantially injurious to 
 the health of women, actually very few of these facts were called 
 to our attention, and the argument to uphold the law on that 
 ground was brief and inconsequential. 
 
 Especially and necessarily was there lacking evidence of the 
 extent to which during the intervening years the opinion and be- 
 lief have spread and strengthened that such night work is in- 
 jurious to women ; of the laws^ as indicating such belief, since 
 adopted by several of our own states and by large European 
 countries, and the report made to the Legislature by its own 
 agency, the factory investigating commission, based on investi- 
 gation of actual conditions and study of scientific and medical 
 opinion that night work by women in factories is generally injur- 
 ious and ought to be prohibited. 
 
 The failure adequately to fortify and press upon our attention 
 the constitutionality of the former law as a health and police 
 measure and to sustain its constitutionality by reference to proper 
 facts and circumstance© is sufficiently evidenced by what was said 
 by Judge Gray : " I find nothing in the language of the section 
 which suggests the purpose of promoting health, except as it might 
 
 :l! 
 
370 
 
 Appendix II 
 
 \f\ 
 
 be inferred that for a woman to work during the forbidden hours 
 of night would be unhealthful. If the inhibition of the section 
 in question had been framed to prevent the ten hours of work 
 from being performed at night, or to prolong them beyond nine 
 o'clock in the evening, it might, more readily, be appreciated that 
 the health of women was the matter of legislative concern. That 
 is not the effect, nor the sense, of the provision of the section with 
 which, alone, we are dealing. ♦ * » If tbis enactment is to 
 be sustained, then an adult woman, although a citizen and entitled 
 as such to all the rights of citizenship imder our laws, may not be 
 employed * * * in any factory for any period of time 
 * * * if it is vnthin the prohibited hours; and this, too, 
 without any regard to the healthfulne«s of the employment" 
 (p. 134.) 
 
 So, as it seems to me, in view of the incomplete manner in which 
 the important question underlying this statute — the danger to 
 women of night work in factories — was presented to us in the 
 Williams case, we ought not to regard its decision as any bar to 
 a consideration of the present statute in the light of all the facts 
 and arguments now presented to us and many of which are in 
 addition to those formerly presented, not only as a matter of 
 mere presentation, but because they have been developed by study 
 and investigation during the years which have intervened since 
 the Williams decision was made. There is no reason why we 
 should be reluctant to give eflFect to new and additional knowledge 
 upon such a subject as this even if it did lead us to take a different 
 view of such a vastly important question as that of public health 
 or disease than formerly prevailed. Particularly do I fed that 
 we should give serious consideration and great weight to the fact 
 that the present legislation is based upon and sustained by an in- 
 vestigation by the Legislature deliberately and carefully made 
 threugh an agency of its own creation, the present factory in- 
 vestigation conmiission. 
 
 I, therefore, think that the order appealed from should be 
 affirmed. 
 
 Chase, Hogan, Miller and Cardozo, J J., concurr; Willard 
 Bartlett, Ch. J., concurs in the result and in that part of ihid 
 opinion which discusses the Williams case; Collin, J., not voting. 
 
 Order affirmed. 
 
 \ 
 
 3. BRIEF ON LAW PROHIBITING CERTAIN MANU- 
 FACTURE IN TENEMENTS 
 
 SUPREME COURT. 
 Appellate Division — Second Department. 
 
 The People of the State of New York, 
 
 Plaintiffs-Respondents, 
 
 against 
 
 Jacob Balofsky, 
 
 Defendant- A ppellant. 
 
 BRIEF SUBMITTED ON BEHALF OF THE NEW YORK 
 STATEl^ACTORY INVESTIGATING COMMISSION AS AMICUS 
 CURIAE 
 
 STATEMENT 
 
 This is an appeal from a judgment of the Court of Special 
 Sessions, Borough of Brooklyn, rendered April 1, 1914, convicting 
 the appellant of a violation of section 104 of the Labor Law and 
 imposing a fine of twenty dollars. 
 
 The defendant on November 12, 1913, was the proprietor of a 
 coat factory in Brooklyn and in violation of said law, contracted 
 with a woman to finish for him twenty children's coats, in a living 
 apartment of a tenement house. 
 
 Interest of Factory Investigating Commission in this Case 
 
 The New York State Factory Investigating Commission, which 
 submits this brief as amiciLS curiae, was created by chapter 561 
 of the Laws of 1911, and continued by chapter 21 of the Laws of 
 1912, chapter 137 of the Laws of 1913, and chapter 110 of the 
 Laws of 1914. It was directed to inquire into conditions gen- 
 erally under which manufacturing is carried on throughout the 
 
 [3711 
 
 I 
 
t 
 
 ll 
 
 I. M 
 •t ■' 
 
 i 
 
 372 
 
 Appendix II 
 
 State, and to make recommendations to the Legislature for such 
 legislation as might be found necessary to remedy evil conditions 
 disclosed. The Commission is still in existence, its term of office 
 not having expired. 
 
 Section 104 of the Labor Law, the constitutionality of which 
 is before the court for consideration in this action, was one of a 
 series of bills recommended by the Factory Commission iu its 
 second report to the Legislature, submitted January 15, 1913, deal- 
 ing with the subject of manufacturing in tenements. Hence the 
 interest of the Commission in any question which arises with 
 reference to the constitutionality of any of these laws. 
 
 History of Legislation in New Yokk State with Reference 
 
 TO Manufacturing in Tenements 
 
 In 1884 an act was passed by the Legislature prohibiting the 
 manufacture of cigars and cigarettes in tenement houses in cities 
 having over 500,000 inhabitants. This act was declared unconsti- 
 tutional by the Court of Appeals in the case of In re Jacobs (98 
 N. Y. p. 96), which will be referred to in detail hereafter. 
 
 From 1885 when the Jacobs case w^s decided down to 1892, 
 practically nothing was done to regulate or control manufacturing 
 in tenements. The unsanitary conditions found in tenement work 
 rooms made it necessary for the State to take some action, and in 
 1892 a system of licensing homework was established. The law 
 passed in that year provided that a homeworker engaged in finish- 
 ing certain articles must obtain a license for the apartment in 
 which he lived and worked. From time to time this law was 
 amended, but licensing of tenements remained its essential pro- 
 vision. 
 
 To-day, it is no longer the apartment of the worker, but the 
 entire tenement which must be licensed before any manufacturing 
 can legally be done therein. 
 
 At the time the Factory Commission commenced its investiga- 
 tions in 1911, a license was required only if any of the forty-one 
 articles specified in the law were manufactured. Articles not 
 mentioned in the law could be manufactured freely in any 
 dwelling. 
 
 Briefs Submitted by Commission 
 
 373 
 
 Investigation of Commission 
 
 Immediately after the Commission took up its work of investi- 
 gation its attention was called to the unsanitary and unwholesome 
 conditions under which manufacturing was carried on in living 
 apartments of tenements, and the Commission was urged to under- 
 take a thorough study of that problem. 
 
 In 1911 a preliminary investigation was made, which is set 
 forth in the preliminary report of the commission, pages 83 to 91 
 and 573 to 587. When the Commission was continued in 1912, 
 a thorough investigation of the subject was undertaken. A 
 director was placed in charge, with a trained corps of inspectors. 
 The investigation covered the city of New York and other cities 
 up State, in which the system of sending goods from factories to 
 tenement houses to be manufactured or completed, prevailed. The 
 results of that investigation are fully set forth in the second volume 
 of the Commission's second report to the Legislature, pages 669 to 
 755, to which reference is hereby made. 
 
 In addition to this investigation, which was conducted in a 
 scientific and impartial manner so that all the facts bearing on 
 the subject might be obtained, the Commission held a series of 
 public hearings in different cities of the State, at which this sub- 
 ject of manufacturing in tenements was considered and the views 
 and suggestions of all parties in interest — employers, workers, 
 physicians and others — were received. Their testimony will be 
 found in the third and fourth volumes of the Commission's 
 Second Report, particularly at pages 1504 to 1631. 
 
 Final Report of the Commission on the Subject 
 
 The Commission's final report on manufacturing in tenements 
 and its recommendations on the subject to the Legislature, are set 
 forth in the first volume of the Second Report to the Legislature, 
 pages 90 to 123. 
 
 It is not the purpose of this brief to repeat the findings of the 
 Commission in detail. The reports of the Commission and the 
 testimony taken before it are public records of which this court 
 may take judicial notice. Besides the most salient features have 
 been incorporated in the brief submitted by the learned District 
 Attorney on behalf of the people in this case. 
 
illii 
 
 374 
 
 Appendix II 
 
 Briefs Submitted by Commission 
 
 375 
 
 r' 
 
 i 1 
 
 ' 
 
 
 Findings of the Commission 
 
 Unsanitary Conditions and Disease. 
 
 The Conunission's investigation showed that work was carried 
 on in tenement houses for factories under the most unsanitary 
 conditions, and that the system of licensing tenements for manu- 
 facturing purposes in no way insured the work being carried on 
 under proper conditions. Investigators found work carried on 
 in rooms in which there were persons suffering from contagious 
 and infectious diseases— scarlet fever, diptheria, measles, typhoid, 
 and tuberculosis. 
 
 Our investigators foimd among home working families, many 
 cases of impetigo, a loathsome skin trouble, which is contagious- 
 Children suffering with this disease were found playing with 
 naanufactured products. In one case a girl suffering*^ from the 
 disease was found picking nuts for a factory. 
 
 The following testimony given under oath by Dr. Annie S. 
 Daniels, a practising physician since 1876, and^at the time she 
 testified, in charge of the out-door practice of the New York In- 
 firmary for Women and Children, shows how dangerous to the 
 public manufacturing in tenements is in a great many cases. 
 Part of her testimony is as follows: 
 
 " I have found during this past year, 182 families, 79 with 
 contagious diseases doing this tenement-house work. One 
 family was embroidering monograms and three of the chil- 
 dren were sick with measles. The woman was embroidering 
 monograms on table napkins. I found sixteen cases of scarlet 
 fever during the entire time. Where they had scarlet fever, 
 most of the people were finishing men's clothing ; that is doing 
 all the hand sewing that is done on men's coats and trousers. 
 The children had scarlet fever. The work was being done in 
 the same room where they were sick, and during the con- 
 valescence of the child, by the child, sometimes while the child 
 was peeling. The law requires us to report every one of 
 those cases * * * the notice of the Board of Health of 
 a contagious disease was on the door while the work was going 
 on. I found nine cases of tuberculosis among the 182 
 families, all of them working. Tuberculosis can be carried. 
 
 M 
 
 ! 
 
 There was one family, where they were making buttons for 
 women's clothes — that is covering buttons for women's 
 clothes. One of these children was three years old; the 
 mother had tuberculosis. The mother was working herself, 
 and the children were working. I found two cases of polio- 
 myelitis, an infectious paralytic disease of children. The 
 exact nature of how that is carried is not known. It is con- 
 tagious from child to child. It is a very horrible disease. 
 I know one case where the child died and the woman hardly 
 stopped her work while the child was dying. She was finish- 
 ing trousers. I was present at that time. 
 
 Q. And the child was dying ? A. The child was dying. 
 Q. And the woman did not stop work ? A. She could not. 
 Q. She had to — A. She had to do it; her husband was 
 a gambler. The woman was somewhere between 25 and 30 
 years old. The child was about — less than two years old ;' 
 eighteen months. The woman was working in the same room 
 where the child was sick ; they had only two rooms." 
 
 Second Report, Factory Investigating Commission, 
 Volume I, p. 98. 
 
 Manufacturers took no precautions to ascertain the sanitary con- 
 ditions in homes in which they gave out articles to be made or 
 finished. They made no inspection of any kind. One manu- 
 facturer of confectionery who gave out nuts to be picked in a 
 tenement, gave the following testimony: 
 
 " I never saw the places where the work is done. They 
 do it in tenement houses. I do not know whether the people 
 are sick or anything about them at all. If we find that there 
 are some sick people in some houses, we would not give them 
 any more work. Once in a while we find it out through 
 other people. But I do not know whether or not people are 
 sick where they do this work. 
 
 Q. How do they pick the meat out of the nuts ? Do they 
 have any instruments or do they pick it out with their fingers ? 
 A. They should pick it out with an instrument, a knife. We 
 do not give them the knife. 
 
ill!' 
 
 I 
 
 i. 
 
 ,' It 
 
 J 
 
 §^ 
 
 ■fi 
 
 376 AppEin>ix TI 
 
 Q. Do you know if they crack the nuts with their teeth ? 
 A. They should not do that. I do not know whether they do 
 or not/' 
 
 Second Report, Factory Investigating Commission, 
 Volume I, p. 103. 
 
 Investigators of the Commission found that in most cases the 
 nuts were cracked with the teeth and picked out with the fingers 
 and no instrument used. 
 
 The Commission summed up the results of this phase of the in- 
 vestigation in its report when it said : 
 
 " It seems evident that homework is a danger to the 
 health of the community and that the effort to maintain 
 proper sanitary conditions is so herculean a task as to be 
 wholly illusory as a safeguard of public health." 
 
 Second Report, Factory Investigating Commission, 
 Volume I, p. 103. 
 
 Other Evils of Tenement House Manufacturing. 
 
 Another great evil of tenement house manufacturing was the 
 fact that it made legally possible the work of little children in 
 manufacturing pursuits at home, when the law rigidly excludes 
 them from such occupations in the factories. Children as young 
 as £.Ye, six, and seven years of age were found doing this worL 
 One little girl, aged 7, testified that she worked until eight o'clock 
 in the evening. 
 
 The hours of labor for women who worked in tenements for 
 factories, were entirely unrestricted. Section 77 of the Labor 
 Law prohibits women from working in a factory more than nine 
 hours in any day or more than fifty-four hours in a week. The 
 manufacturer can escape this provision if he makes a tenement 
 work room a branch of his factory. A home in which manu- 
 facturing is carried on is not a factory in the eyes of the law, 
 and the fifty-four hour law does not apply to work done in tene- 
 ments. 
 
 Briefs Submitted by Commission 
 Bills Recommended by the Commission 
 
 377 
 
 . In view of these findings the recommendations of the Commis- 
 sion were most conservative in character. They were embraced 
 under the following heads : 
 
 1. Prohibition of the employment of children under fourteen 
 years of age in tenement house work. (It was felt, however, that 
 no system of inspection to which the State could resort, would 
 effectually prevent such employment.) 
 
 2. Immediate prohibition of work for factories, in living apart- 
 ments of tenement houses, on all articles likely to become con- 
 taminated, and therefore injurious to public health ; or on articles 
 from which it is clear that disease may be communicated. 
 
 Under the second head the Commission recommended a bill, 
 which resulted in the enactment of Section 104. of the Labor Law 
 (Chapter 260 of the Laws of 1913, taking effect October 1, 1913), 
 the constitutionality of which is the subject of controversy in this 
 action, as follows : 
 
 § 104. Manufacturing of certain articles in tenements pro- 
 hibited. — No article of food, no dolls or dolls' clothing and 
 no article of children's or infants' wearing apparel shall be 
 manufactured, altered, repaired or finished, in whole or in 
 part, for a factory, either directly or through the instrumen- 
 tality of one or more contractors or other third person, in a 
 tenement house, in any portion of an apartment, any part of 
 which is used for living purposes. 
 
 The Commission respectfully submits: 
 
 1. That the enactment of this law is a valid exercise of the 
 police power of the State for the protection of the health and wel- 
 fore of its citizens. 
 
 2. That the classification in the law is a reasonable one, and 
 one that may properly be made by the Legislature. 
 
 3. That the case of In re Jacobs (98 K Y. p. 98), is distin- 
 guished from the case at bar in several important respects, and \si 
 in no way decisive upon the Court in this action. 
 
■I 
 
 I 
 
 1 '.I 
 
 ii ' 
 
 I 
 
 1:1 
 
 
 r ai 
 
 I 
 
 1 ], i < 
 
 I 
 
 I 
 
 378 
 
 Appendix II 
 
 POINT I. 
 
 SECTION 104 OF THE LABOR LAW (CONSIDERED 
 APART FROM THE DECISION IN THE JACOBS CASE) 
 IS CONSTITUTIONAL, AS BEING A VALID EXERCISE 
 OF THE POLICE POWER. 
 
 People V. Havnor, 149 N. Y. 195, 200, 
 
 People V. Ewer, 141 N. Y. 129-132. 
 
 Tenement House Department v. Moeschen, 179 N. Y. 
 
 325. 
 Barbier v. Connolly, 113 U. S. 27-31. 
 Mugler V. Kansas, 123 U. S. 623. 
 Noble State Bank v. Haskell, 219 U. S. 104. 
 
 Section 104 of the Labor Law bears a direct relation to the 
 health and welfare of the community, and as such is clearly within 
 the police power of the State. That manufacturing in tenements 
 is carried on in unsanitary surroundings and under conditions 
 tha; breed disease, is clearly established by the official reports of 
 the Factory Commission, of which this Court may take judicial 
 notice. 
 
 Muller V. Oregon, 208 U. S. 412. 
 
 The report of the Conmiission shows also the great danger that 
 exists, due to the work being carried on in the presence of con- 
 tagious disease, and shows that adequate supervision by the State 
 over manufacturing in tenements is difficult, if not almost impos- 
 sible. The dangers to the health of the public using the products 
 thus manufactured are most serious. 
 
 The act in question is a very reasonable one. It aims at the 
 least possible interference with the liberty of the individual. It 
 is limited in the following respects: 
 
 1. It applies to work done only for a factory. 
 
 The prohibition is aimed not at the tenement house dweller but 
 at the factory owner, to whom the state says : " Wq will not per- 
 mit you to make the tenement home a branch of your factory and 
 thus escape the supervision and control over sanitary conditions 
 to which the factory work room is subject." 
 
 Briefs Submitted by Commission 
 
 379 
 
 2. It is limited to work done in the living apartments of 
 tenements. 
 
 3. The prohibition is limited to those articles which bear a 
 direct relation to the public health and which are most liable to 
 become contaminated or to be the agency of a spread of disease, 
 viz. : food products and infants' and children's toys and wearing 
 apparel. 
 
 Food product manufactories are subject to the closest super- 
 vision of state and city and even federal authorities, and this 
 supervision is entirely lost if the work is carried on in living 
 apartments in tenement houses. Nauseating details with ref-- 
 erence to nut picking as carried on in tenement houses are set 
 forth in the Factory's Commission's reports on the subject already 
 cited. Such conditions should not be tolerated by the state. 
 
 The second prohibition is aimed at the manufacture of infants' 
 and children's clothing and wearing apparel. Children are the 
 special wards of the state and entitled to the greatest protection 
 at its hands. They are easily susceptible to the contagious dis^ 
 eases which the Commission's investigators frequently found to 
 exist in rooms in which clothing and dolls were manufactured or 
 finished. 
 
 Taking into consideration the evil conditions that were dis- 
 closed, the act in question is most conservative and reasonable and 
 deals only with such matters as have a direct connection with the 
 health and welfare not only of the workers in tenement homes, but 
 of the public who consimie the products therein manufactured or 
 prepared. 
 
 For the Courts to set aside an act of this character it musi 
 appear beyond a reasonable doubt that the legislative act has no 
 substantial relation to the protection or conservation of public 
 health, morals, or welfare. 
 
 Ogden V. Saunders, 12 Wheat. (U. S.), 270. 
 Otis V. Parker, 187 U. S. 606. 
 Jacobson v. Massachusetts, 197 U. S. 11-31. 
 People V. King, 110 N. Y. 418. 
 
 People ex rel. Nechamcus v. Warden, etc., 144 N. Y. 
 529-535. 
 
380 
 
 Appendix II 
 
 iiH 
 
 I ; 
 
 i 
 
 • 1 
 
 I 
 
 i' 1 
 
 r 
 
 1 
 
 i' 
 
 » 
 
 ' 
 
 In the case of Otis v. Parker, 187 TJ. S. 606, Mr. Justide 
 Holmes voices the same idea, when he says on pages 608 and 609, 
 as follows: 
 
 " While the Conrts must exercise a judgment of their own, 
 it by no means is true that every law is Toid which may seem 
 to the judges who pass upon it, excessive, unsuited to its 
 ostensible end, or based upon conceptions of morality with 
 which they disagree. Considerable latitude must be allowed 
 for differences of view, as well as for possible peculiar con- 
 ditions which this Court can know but imperfectly, if at all. 
 Otherwise, a constitution, instead of embodying only rela- 
 tively fundamental rules of right, as generally understood by 
 all English-speaking communities, would become the parti- 
 san of a particular set of ethical or economical opinions, 
 which by no means are held semper ubique et ab omnibus/' 
 
 In the case of Jacobson v. Massachusetts, cited supra, Mr. 
 Justice Hahlai^ said : 
 
 " Upon what sound principle as to the relations existing 
 between the different departments of government can the 
 Court review this action of the legislature ? If there is any 
 such power in the judiciary to review legislative action in 
 respect of a matter affecting the general welfare, it can only 
 be when that which the legislature has done comes within the 
 rule that, if a statute purporting to have been enacted to pro- 
 tect the public health, the public morals, or the public safety, 
 has no real or stibstantial relation to those objects, or is, be- 
 yond all question, a plain, palpable invasion of rights secured 
 by the fundamental law, it is the duty of the Courts to so 
 adjudge, and thereby give effect to the constitution," 
 
 The facts showing this act to be a health measure pure and 
 simple, were gathered after painstaking and scientific investiga- 
 tion by an impartial and official body, and should be given due 
 weight by the Court. 
 
 Briefs Submitted by Commission 
 
 381 
 
 POINT 11. 
 
 THE CLASSIFICATION OF THE ACT IS REASON- 
 ABLE AND DOES NOT DENY TO THE DEFENDANT 
 THE EQUAL PROTECTION OF THE LAW. 
 
 People ex rel. Armstrong v. Warden, 183 N. Y. 223. 
 Barbier v. Connolly, 113 U. S. 27. 
 Soon Hing v. Crowley, 113 U. S. 703. 
 
 In Soon Hing v. Crowley, cited supra, Mr. Justice Fields 
 says (p. 70^) : 
 
 " The discriminations which are open to objection are 
 those where persons engaged in the same business are sub- 
 jected to different restrictions, or are held entitled to differ- 
 ent privileges, under the same conditions. It is only then 
 that the discrimination can be said to impair that equal right 
 which all can claim in the enforcement of the laws." 
 
 The Commission in its report recommended the immediate 
 prohibition of the manufacture in any living apartment of a tene- 
 ment house of food products, dolls and dolls' clothes, and of 
 'infants' and children's wearing apparel. 
 
 The investigations that were conducted showed that such restric- 
 tion was plainly called for in the interests of public health. The 
 classification is a most reasonable one, and under the authorities 
 cited is one well within the power of the Legislature to make. 
 Food products are much more liable to contamination than others, 
 and their preparation under entirely sanitary and hygienic con- 
 ditions is a matter absolutely necessary to the public health. 
 Infants and children are more susceptible than adults to con- 
 tagious diseases, and it is intolerable that the manufacture of gar- 
 ments and other articles to be worn by them, or which they play 
 with, should be permitted under circumstances that may tend to 
 spread disease. The many reports of work done in homes in which 
 there were cases of scarlet fever, diphjtheria, and measles prove 
 that this danger to children is a serious one. 
 
7i 
 
 IM. 
 
 I 
 
 382 
 
 Appendix II 
 
 POINT III. 
 
 THE DECISION IN THE JACOBS CASE IS NOT DE- 
 CISIVE OF THE CASE AT BAR 
 
 A. The case at bar is distinguished from the Jacobs case 
 
 IN MANY IMPORTANT RESPECTS. 
 
 The case of In re Jacobs (98 N. Y., p. 98) is no authority for 
 holding section 104 of the Labor Law to be unconstitutional. The 
 Jacobs case held unconstitutional an act which forbade the manu- 
 facture of tobacco products in tenement houses in cities having a 
 population of over 500,000. The decision was in express terms 
 based upon the ground that the act was not a health measure and 
 not passed in the interests of public health. The Court relied upon 
 evidence which they claimed justified this finding. The Board of 
 Health of the City of New York had officially declared, after 
 careful investigation, " that the health of the tenement population 
 is not jeopardized by the manufacture of cigars in those houses ; 
 that this bill is not a sanitary measure, and that it has not been 
 approved by this board." 
 
 Presiding Justice Davis said: 
 
 " If the Act were general and aimed at all tenement houses 
 and prohibited for sanitary reasons the manufacture of 
 cigars and tobacco in all such buildings, or if it prohibited 
 such manufacture in the living rooms of all tenants another 
 case would be presented." (In re Jacobs, 33 Hun, 374, 
 382.) 
 
 The measure the Commission recommended differs from the 
 act as construed by the Court in the Jacobs case in the following 
 important particulars: 
 
 let It is to apply to all tenement houses throughout the State. 
 
 2d. It is limited in its application to apartments used for living 
 purposes. 
 
 3d. It is essentially a health measure necessary for sanitary 
 reasons and in the interests of the public health; that fact is 
 proved convincingly by the testimony heard by the Commission 
 and by the results of its own investigations. 
 
 Briefs Submitted by Commission 
 
 383 
 
 4th. It is limited to work done for a factory; that is, it prohib- 
 its the use of a living apartment in a tenement house as a branch 
 of a factory in the preparation and manufacture of products 
 having an intimate relation to the public health. 
 
 Thus the act in this case differs in material respects from the 
 act under consideration by the Court in the Jacobs case. 
 
 " Difference of degree is one of the distinctions of which 
 the right of the Legislature to exercise the police power is 
 determined." 
 
 Holmes, J., Hideout v. Knox, 148 Mass., 368, 372. 
 
 B. In ant event, the Court is not bound by the decision 
 IN the Jacobs case. 
 
 The doctrine of stare decisis does not apply in cases involving 
 the police power. The limits of that power are undefined and 
 change with varying conditions. 
 
 " It may be said in a general way that the police power 
 extends to all the great public needs. Camfield v. United 
 States, 167 U. S. 518 ; 42 L. ed. 260 ; 17 Sup. Ct Rep. 864. 
 It may be put forth in aid of what is sanctioned by usage, or 
 held by the prevailing morality or strong and preponderant 
 opinion to be greatly and immediately necessary to the public 
 welfare." (Holmes, J., in Noble State Bank v. Haskell, 21^ 
 U. S., p. 104.) 
 
 The sole question before the Court is whether or not the present 
 act is a health measure. The views entertained by a Court con- 
 cerning a somewhat similar act fifteen or twenty years ago should 
 not be decisive. The attitude of the public and of the Courts on 
 these matters of social reform and improvement have changed 
 greatly within the past two decades. Law is a progressive science. 
 What was considered an undue interference with the individual 
 then, is to-day recognized as a proper r^ulation by the State. The 
 strong individualistic tendencies of the period when the Jacobs 
 case was rendered have given way to an appreciation of the rights 
 of society as a whole and to the necessity for its protection and 
 preservation. 
 
h . M 
 
 i| ' 
 
 384 
 
 Appendix II 
 
 If the Court of Appeals, when it had the Jacobs case before 
 it for consideration, had the benefit of a thorough and impartial 
 investigation, it might even then have determined that manufac- 
 turing of tobacco products in tenement houses was unhealthful. 
 However that may be, it is clearly established to-day, and the facts 
 are before the Court for consideration, that manufacturing of food 
 products and of infants' and children's wearing apparel in a liv- 
 ing apartment of a tenement house, constitutes a direct menace 
 to the public health, and whatever views the Court may have 
 entertained on this subject twenty years ago, are of no direct 
 concern now. 
 
 The Jacobs case should not be permitted to stand in the way of 
 progress and of an improvement in conditions now shown to be 
 essential. Unfortunately, whenever an attempt has been made 
 to correct the evils of tenement house manufacturing, the Jacobs 
 case has been held up as a bar. The Factory Commission did not 
 believe this to be so, and recommended the law now before the 
 Court for consideration, in the hope and expectation that its con- 
 stitutionality would be sustained as an act designed in the interests 
 of the health and welfare of the community, and for the benefit 
 of humanity, and one that has a direct connection with the object 
 to be attained and is most reasonable in its application. 
 
 Briefs Submitted by Commission 
 
 385 
 
 POINT IV. 
 
 The judgment of conviJction appealed from should be 
 affirmed. 
 
 Respectfully submitted, 
 
 ABBAM I. ELKUS, 
 ROBERT F. WAGNER, 
 BERNARD L. SHIENTAG, 
 
 Counsel for the New York State Factory Investigating 
 Commission, as Amicus Curiae. 
 
 Vol. 1 — 13 
 
l!ii 
 
 : 
 
 APPENDIX m 
 
 '■ ' mi 
 
 
 'i 11 
 
 i 
 
 1. Memoranda on the Relationship between Low Wages 
 
 AND the Vice Problem. 
 
 2. Questionnaire on the Wage Problem and Replies Re- 
 
 ceived. 
 
 3. Minimum Wage Symposium. 
 
 4. Memoranda on the Relationship between Wages and 
 
 Industrial Education. 
 
 5. Tentative Plan and Bill with Reference to Consolida- 
 
 tion OF Departments Inspecting Buildings in New 
 York City. 
 
 6. List of Questions on the Fire Hazard in Mercantile 
 
 Establishments. 
 
 7. Study of Hotel Laundries. 
 
 [3871 
 
n 
 
 1^1*1 
 
 i 
 
 . I: 
 
 ■ 
 
 I ii 
 
 I. MEMORANDUM ON THE RELATIONSHIP BE- 
 TWEEN LOW WAGES AND THE VICE 
 
 PROBLEM 
 
 On May 29, 1914, the Oommission issued a letter asking for a 
 memorandum on the relationship between low wages and the vice 
 problem and immorality among women, what effect a living wage 
 would have on that problem and the advisability of enacting 
 minimum wage legislation. The letter was sent to a small group 
 of men and women, well qualified to speak with authority because 
 of their deep interest and knowledge, obtained through many 
 years of experience and study in these matters. The following 
 have submitted statements : 
 
 Dr. Katheeine B. Davis, 
 
 Commissioner of Corrections of New York City^ 
 formerly Superintendent of the Bedford Reform- 
 atory for Women, New York. 
 
 Martha P. Falconer, 
 
 Superintendent, Girls' Department of the Glen 
 Mills Schools, Sleighton Farms, Darling, Pa. 
 
 Dr. Abraham Flexner, 
 Assistant Secretary, General Education Board. 
 
 George J. Kneel and. 
 
 Director, Department of Investigation, American 
 Social Hygiene Association, Director of Vice 
 Investigations. 
 
 Maude E. Miner, 
 
 Secretary, New York Probation and Protective 
 Association. 
 
 James Bronson Reynolds, 
 Counsel, American Social Hygiene Association. 
 
 Mary K. Simkhovitch, 
 Director, Greemcich House, New York City. 
 
 Frederick H. Whitin, 
 
 General Secretary, The Committee of Fourteen, 
 New York City. 
 
 [389] 
 
i i 
 
 
 , ' 
 
 YH 
 
 390 
 
 Appendix III 
 
 L 
 
 Statement of Katharine B. Davis. 
 
 I am sorry indeed to have delayed so long in writing you 
 concerning the relation between low wages and crime, but I have 
 been driven beyond the limits of the twenty-four hours in the 
 day to get the things done which require doing. Even now I 
 cannot write at length upon the subject. 
 
 My experience of thirteen years in dealing with women prison- 
 ers has led me to believe that the problem of low wages and crime 
 is much more fundamental than we are apt to consider it I do 
 not feel prepared to speak with authority on the question so far 
 as men are concerned, for I have never made a special study of 
 that phase of the question. 
 
 In my chapter in the book entitled " Commercialized Vice in 
 New York City," I give some results of a study of the histories 
 of over 2,000 prostitutes. Not all of these women were com- 
 mitted to the institution for prostitution. The study shows that 
 so far as authentic data go, this group of law-breakers are drawn 
 for the most part from the unskilled trades. Their earning 
 capacity is normally low and in many instances there is little 
 hope of developing it. It would seem to me a very difficult 
 proposition to establish a minimum wage for the labor of this 
 class. Even with such a wage established, I fear it would not 
 tend to keep the women out of the life of crime. The trouble 
 goes farther back than the individual girl. She is what she is 
 in many instances, as the tables and comments therein show in 
 the study to which I refer, as a result of low standards of living 
 in the family, these standards being the result of low wages. 
 Very few women have ever told me that they entered upon a life 
 of crime because they could not earn their bread and butter ; very 
 many have told me that they were not able to earn the things 
 they wanted. With the women who belong to the skilled trades, 
 the offense is more likely to be of a financial character, due to 
 the fact that the girFs desires were greatly in excess of her earn- 
 ing capacity. 
 
 Home surroundings, opportunities for self-development, train- 
 ing as a child, regular attendance at school, and a trade educa- 
 
 ^Femoranda on Vice Problem 
 
 391 
 
 tion are only possible to children whose parents are in decent 
 circumstances. The question is how to raise the standards all 
 along the line. In my judgment, we must begin with the skilled 
 laborer, fixing minimum wages first in the more highly skilled 
 trades and coming down along the line after minimum wages 
 have been established in these. We will never be able to find 
 employers who will be willing to pay wages in advance of earn- 
 ing capacity, and the adoption of minimum wages in all trades 
 and for all classes of labor, skilled and unskilled, will only be 
 possible as we greatly increase the capacity of the workers. It 
 is something like the old question as to which comes first — the 
 egg or the chicken. A very large proportion of the women I have 
 known who have broken the law were not worth economically 
 any more than they were earning at the time of the commission 
 of the crime. The exceptions were those whom I have referred 
 to as being skilled workers earning decent wages, somtimes as high 
 as $25 a week, who wanted luxuries beyond their earning power. 
 
 I am perfectly aware that there is a very serious connection 
 between periods of unemployment and increase in the popula- 
 tion of our penal institutions. This increase is, however, for 
 the moat part, as in the case of women, made up of unskilled work- 
 men at the bottom of the line. There are, of course, exceptions 
 to these. I feel sure that in the case of our men prisoners the 
 relationship between low wages and crime is not very different 
 from what it is among women. We have, however, in the case of 
 men a larger percentage of those who commit the more serious 
 crimes, and a very much larger percentage of those who commit 
 financial crimes. 
 
 I would be very glad if you would read my chapter in Mr. 
 Kneeland's book which is published by the Century Company. I 
 am sending you a copy. The statistical tables will show you the 
 result of our study. 
 
 j[ 'dbikJ jb.wteiribiS!!^^ 
 
 ijlk«li±»isi=^l;;fi«£^^jiiiJb^^..Lj ^ 
 
:'■' i 
 
 II 
 
 I 4 
 
 392 
 
 Appendix III 
 
 11. 
 
 Statement of Maetha P. Falconer. 
 
 In any consideration of the question of low wages and the vice 
 problem, we must take into consideration the poor training which 
 many of our girls have received, especially in the communities 
 outside of the larger cities, where there is very little, if any, effort 
 made to enforce the Compulsory Educational Law. 
 
 In most of the mining districts where the boys are engaged in 
 the breakers, there are many silk mills and knitting mills offering 
 employment to the girls, and in many of the districts in Pennsyl- 
 vania, there is very little social conscience and no organized effort 
 to keep these children in school until fourteen years of age at 
 least, and the school offers very little practical training to fit these 
 girls to earn their own living. If we are going to try to establish 
 a minimum wage, we must also raise the standard of efficiency 
 and demand more of our schools in the rural communities and 
 industrial centers — more industrial training for both the boys 
 and the girls. The school work must be made more attractive to 
 them. 
 
 My point of view is that of the Superintendent of the State 
 Reformatory, with over eight hundred girls in our care. Every 
 girl has been committed by the court, from the various parts of 
 Pennsylvania. As I talk with the new girl when she first comes, 
 and learn that she has dropped out of school at eleven and twelve 
 years of age because she " did not like it " or " mother needed the 
 money," I realize that the community has a duty toward those 
 girls, first, by trying to have the school interpret life to these 
 girls in a more practical way, and then to enforce the laws. This, 
 of course, applies to the girls outside of Philadelphia and other 
 large cities. 
 
 In connection with the work of the Philadelphia Vice Commisr 
 sion, we learned that many of the girls who were drifting into 
 prostitution, came from the smaller towns, seeking excitement. 
 They have been working for wages as low as $2.50 per week. 
 Most of them are inefficient — many of them of low mentality. 
 It would be wrong, I believe, to establish a minimum wage with- 
 out taking into consideration the enforcement of better educa- 
 tional work. 
 
 " 
 
 Memoranda on Vice Problem 
 
 393 
 
 The community also has a duty in this regard, especially the 
 women belonging to the leisure class, in the lavish expenditure 
 which the girl in the shop sees whenever she comes in contact 
 with the women of wealth. The extravagant and inappropriate 
 way of dressing when on the street or shopping, makes me feel 
 that we all of us need to work for simpler standards of living 
 in order to set an example for the working girl. The more money 
 she earns, the more she will wish to spend upon her dress, and if 
 she cannot earn this in one way, it is, unfortunately, too easy for 
 her to earn it in another. When we can set these girls a better 
 example and make it easier for young men to marry on small 
 incomes, we will go a long way toward helping solve the question 
 of prostitution. I believe that the low wage is a factor in the 
 question of prostitution. The girl who is working for $2.50 or 
 $4.50 per week and must give most of this to her parents to help 
 keep the family together, is naturally going to find other ways of 
 earning money for her clothing and recreation. Better wages 
 alone cannot help unless we can enforce compulsory educational 
 laws and rouse the community to providing recreation. 
 
 The girls are careless and heedless in their work. Many of 
 them who are drifting into prostitution could not be made efficient 
 through any more training. We should not try to establish the 
 minimum wage until we can persuade the State to take care of 
 the mentally deficient, and then to give the brighter girls more 
 training and a better equipment 
 
 I realize that this condition does not apply to many states. 
 Pennsylvania has passed legislation to create a colony for feeble- 
 minded women, but at the present time, there is no place in the 
 central or eastern part of Pennsylvania where the defective de- 
 linquent may be sent with the exception of one cottage at Spring 
 City, which can care for a few. If we are going to try to estab- 
 lish a minimum wage, let us at the same time insist upon in- 
 dustrial training in our rural schools and the enforcement of 
 compulsory educational law. 
 
 The establishment of a minimum wage for girls would only 
 help in part in the mining districts where so many men lose life 
 and limb and at the present time, no private or public agency 
 is adequately trying to meet the situation of keeping the family 
 together. The burden of family support should not be placed 
 
 11 
 
394 
 
 Appendix III 
 
 III* 
 
 i 
 
 i 
 
 I 
 
 I 
 
 l\ 
 
 upon the young girls of the family. Usually working in silk 
 mills, these girls are all living at home, trying to help the family 
 budget with their meager salaries. If they earn more, as the 
 competent ones should, more would be expected of them to help 
 support the family. This would not meet the question of the 
 natural longing for recreation and adornment which lures so 
 many of them into an immoral life. 
 
 In the rural communities where the girls often come from 
 Pennsylvania Dutch homes to woric in tobacco factories, it is an 
 entirely different situation. The mother has not been left with 
 a large family of little children on her hands because the father 
 and older boys have lost life or limb. These girls come from 
 homes of thrift, but no ideals. The schools are poor — often short 
 terms. Education is not considered necessary or desirable by 
 many of the men in such a conmiunity. To work and save money 
 is the thing most preached and lived. If the untrained girl did 
 earn more money, more would be expected of her at home. 
 
 When these young girls from the mining centers and rural 
 communities run away from home and come to the cities, they 
 cannot earn enough to support themselves in a respectable way. 
 We must keep them in school longer and give them better train- 
 ing while there. These two things should be developed with vo- 
 cational guidance and the establishment of minimum wage. The 
 girl who is bright and trainable should get a better education; 
 the mentally deficient must have custodial care. Now, we are 
 treating them all alike. Outside of our large cities, after irregular 
 attendance in schools of short terms, we are allowing them to 
 drift in and out of mills and factories, incompetent, irresponsible, 
 becoming a menace to the community later. 
 
 The low wage is a factor in the evil of prostitution. Let us 
 try to keep the girl from rural communities and snudl towns 
 away from the large cities and give her training first so she may 
 have greater earning capacity. 
 
 I realize this presents only one phase of the question, but it 
 is an important one. 
 
 Memoranda on Vice Problem 
 
 III. 
 
 395 
 
 Statement of Abraham Flexnek. 
 
 My knowledge of this subject is limited to conditions in Great 
 Britain and on the continent of Europe and is based on a pains- 
 taking investigation occupying almost a year. There can be no 
 question that prostitutes come from what may be called the lower 
 classes, economically and educationally speaking. It does not 
 follow, however, that low wages of women are the sole or the 
 decisive factor. Careful studies have been made of large groups 
 of prostitutes, and in none of these groups does it appear that 
 the low wages of the women, as distinguished from the other 
 characteristics of their milieu, are causally responsible for the 
 immoral life. For example: more European prostitutes are de- 
 rived from the domestic servant class than from any other; yet 
 these women have the bare living which would be assured by a 
 minimum wage. I do not mean in this memorandum to take any 
 position for or against the minimum wage; I wish merely to point 
 out that European experience gives us no reason to believe that it 
 would effectually prevent prostitution. 
 
 The fact is that in so far as prostitution is of economic origin 
 it would appear to be connected, not so much with the girPs wage, 
 as with the wage of her father, and the family income. A low 
 family income is attended by general economic pressure with the 
 result that the children are uneducated, untrained to a skilled 
 occupation, and exposed to temptation by the conditions under 
 which they live and get their enjoyment It is impossible to 
 say under just what circumstances such fatal economic pressure 
 will be felt. It varies from family to family. A specific income 
 may keep a given family under dangerous pressure; while the 
 same income may release another family from pressure. This 
 pressure is, of course, most severe where there is actual poverty; 
 but it exists to a greater or less extent wherever needs and desires 
 run beyond the limit imposed by income and resources. Even so, 
 however, the mere fact of living under economic pressure, be the 
 pressure great or little, is not of itself conclusive. Personal and 
 environmental factors of almost infinite variety play an essential 
 part in almost every instance. 
 
396 
 
 Appendix III 
 
 m\{ i 
 
 The subject is so complicated and tlie factors, personal and 
 social, so numerous that a brief statement, such as I am making, 
 is liable to convey erroneous impressions. For this reason I 
 venture to suggest that this statement should be interpreted in 
 the light of the fuller discussion of the subject contained in 
 Chapters I, II, III and XI of my recently published study of 
 " Prostitution in Europe." 
 
 ) 
 
 ! 
 
 Memoranda on Vice Problem 
 
 IV. 
 
 397 
 
 Statement of George J. Kneeland. 
 
 In general I maintain that the girls who are employed In 
 industrial pursuits at less than a living wage are as fundamentally 
 moral as their more fortunate sisters who earn higher salaries, or 
 those who live at home in idleness. 
 
 To say there is a definite and traceable connection between 
 the wages received by girls and their professional immorality is 
 absurd. It is equally absurd to say there is no connection. We 
 have data which point to the fact that the majority of prostitutes 
 under investigation committed their first sexual offense before or 
 about the time they entered the industrial world. In other words, 
 they were immoral before wages entered into the question. They 
 gave themselves for pleasure, from a desire for excitement, for 
 presents, for many other reasons, prominent among which was 
 ignorant, uncontrolled sex desire. It was but a step then to the 
 taking of money, when the requirements of their false standard of 
 living made them discontented and discouraged. 
 
 But that there is a definite economic connection, somewhere, no 
 one can gainsay. We will find it when we study the home life 
 of the majority of girls who are now immoral, but who, as yet, 
 have not taken money for their services. 
 
 I am heartily in sympathy with any movement involving legis- 
 lation for shortening the work day and giving a living wage to 
 girls and women in industry. 
 
 We have said so often that girls cannot live on $7 or $8 per 
 week that they are beginning to believe it themselves, and are eager 
 to give this as an excuse for immoral conduct. Society must make 
 it impossible for girls to give this excuse any longer. 
 
 But deeper and more fundamental is the necessity for a higher 
 wage for young men and fathers of families. For the first to 
 enable them to marry early in life, and for the latter so that the 
 home may be preserved and a higher standard of living with all 
 its moral safeguards be maintained. Wages alone will not do this, 
 but a father who is able to maintain a home where he can give his 
 children good air, and light, proper food and clothing, will not 
 
398 
 
 Appendix III 
 
 il ! 
 
 I 
 
 I- 
 
 ' I 
 
 neglect altogether to give them religious instruction and proper 
 guidance. 
 
 In a home where there is strife, uncertainty and discontent, 
 ethical and religious ideals are relegated to the background^ and 
 the disintegration of the home and moral laxity on the part of the 
 inmates begin. Girls from such homes are not necessarily im- 
 moral at first, but unmoral. They place no value on their virtue 
 or the part they are to play as future wives and mothers. Under 
 any untoward pressure, many take the easiest way and give flimsy 
 excuses for so doing, as varied as the winds. 
 
 Sufficient wages will not change the impulses for sex expression, 
 as fundamental as life itself and as important, but the blessings 
 derived from moral and normal healthy environment, which can 
 be maintained and developed under proper economic conditions, 
 will have a strong tendency to control this life force and direct it 
 into proper and right channels. When this life force is diverted, 
 for any cause, it results in immorality, either professional or 
 clandestine, among both men and women. 
 
 Dr. Havelock Ellis, in his studies in the Psychology of Sex, 
 Volume 6, brings together statistics from various conntries under 
 the heading of " Causes of Prostitution ". In some countries the 
 reasons assigned for prostitutes entering their careers has been 
 estimated by those who come closely into official or other contact 
 with prostitutes. In other countries, it is the rule for giris, before 
 they are registered as prostitutes, to state the reasons for which 
 they desire to enter the career. 
 
 " Parent-Duchatelet, whose work on prostitutes in Paris is 
 still an authority, presented the first estimate of this kind. He 
 found that of over 5,000 prostitutes, 1,441 were influenced by 
 poverty, 1,425 by seduction of lovers who had abandoned them, 
 1,255 by the loss of parents from death or other causes. By such 
 an estimate, nearly the whole number are accounted for by wretch- 
 edness, that is by economic causes, alone. (See De La Prostitu- 
 tion, 1857, Vol. 1, p. 107.) 
 
 "In Brussels, during a period of twenty years (1865-1884) 
 3,505 women were inscribed as prostitutes. The causes they as- 
 signed for desiring to take to this career present a different picture 
 irom that shown by Parent-Duchatelet, but perhaps a more 
 
 4 
 
 I 
 
 Memorattoa on Vice Problem 
 
 309 
 
 reliable one, although there are some marked and curious dis- 
 crepancies. Out of the 3,505, 1,523 explained that extreme pov- 
 erty was the cause of their degradation; 1,118 frankly confessed 
 that their sexual passions were the cause; 420 attributed their 
 fall to evil company; 316 said they were disgusted and weary of 
 their work because the toil was so arduous and the pay so small ; 
 101 had been abandoned by their lovers; 10 had quarreled with 
 their parents ; 7 were abandoned by their husbands ; 4 did not agree 
 with their guardians; 3 had family quarrels; 2 were compelled to 
 prostitute themselves by their husbands, and 1 by her parents 
 (Lancet — June 28, 1890, p. 1442). 
 
 "In London, Merrick found that of 16,022 prostitutes who 
 passed through his hands during the years he was Chaplain at 
 Millbank Prison, 5,061 voluntarily left home or situation for a 
 * life of pleasure'; 3,363 assigned poverty as the cause; 3,154 
 were 'seduced' and drifted on to the street; 1,638 were betrayed 
 by promises of marriage and abandoned by lovers and relations. 
 On the whole, Merrick states, 4,790, or nearly one-third of the 
 whole number, may be said to owe the adoption of their career 
 directly to men, 11,232 to other causes. He adds that of those 
 pleading poverty, a large number were indolent and incapable 
 (G. P. Merrick, Work Among the Fallen, p. 38). 
 
 " Logan, an English city missionary with an extensive acquaint- 
 ance with prostitutes, divided them into the following groups: 
 
 1. One-fourth servants, especially in public houses, beer shops, 
 etc., and thus led into the life. 
 
 2. One-fourth come from factories, etc. 
 
 3. Nearly one-fourth are recruited by procuresses who visit 
 country towns, markets, etc. 
 
 4. A final group includes, on the one hand those who are in- 
 duced to become prostitutes by destitution, or indolence, or a bad 
 temper, which unfits them for ordinary avocations, and, on the 
 other hand those who have been seduced by a false promise of 
 marriage (W. Logan, The Great Social Evil, 1871, p. 53). 
 
 "In Italy in 1881, among 10,442 inscribed prostitutes from 
 the age of seventeen upwards, the causes of prostitution were 
 classified as follows : 
 
• I 
 
 r 
 
 1^ 1 
 
 < I 
 
 400 
 
 Appendix III 
 
 Vice and depravity, 2,752; death of parents, husband, etc., 
 2,139; seduction by lover, 1,653; seduction by employer, 927; 
 abandoned by parents, husbands, etc., 794 ; love of luxury, 698 ; 
 incitment by lover or other persons outside family, 666 ; incite- 
 ment by parents or husbands, 400 ; to support parents or children, 
 393. (Ferriani, Minorenui, Delinquenti, p. 193.) 
 
 " The reasons assigned by Russian prostitutes for taking up 
 their career are (according to Federow) as follows: 
 
 Insufficient wages, 38.5 per cent; desire for amusement, 21 
 per cent. ; loss of place, 14 per cent. ; persuasion by women friends, 
 9.5 per cent. ; loss of habit of work, 6.5 per cent ; chagrin, and to 
 punish lover, 5.5 per cent; drunkenness, .5 per cent (Sum- 
 marized in Archives d' Anthropologic Criminelle, Nov. 15, 1901). 
 
 " In America Sanger has reported on two thousand New York 
 prostitutes as follows : 
 
 Destitution, 525; inclination, 513; seduced and abandoned, 
 258; drink and desire for drink, 181; ill-treatment by parents, 
 relations or husbands, 164 ; as an easy life, 124 ; bad company, 84 ; 
 persuaded by prostitutes, 71; too idle to work, 29; violated, 27; 
 seduced on emigrant ship, 16; seduced in emigrant boarding 
 house, 8. (Sanger, History of Prostitution, p. 488.) 
 
 " In America again more recently Professor Woods Hutch- 
 inson put himself into communication with some thirty repre- 
 sentative men in various great metropolitan centres, and thus sum- 
 marizes the answers as regards the etiology of prostitution: love 
 of display, luxury and idleness, 42.1 per cent ; bad family sur- 
 roundings, 23.8 per cent ; seduction in which they were the inno- 
 cent victims, 11.3 per cent; lack of employment, 9.4 per cent.; 
 heredity, 7.8 per cent; primary sexual appetite, 5.6 per cent. 
 (Woods Hutchinson, *The Economics of Prostitution', Gyne- 
 cologic and Obstetric Journal, September, 1895; Id., The Gospel 
 according to Darwin, p. 194.)" 
 
 " Writers on prostitution," says Dr. Ellis/ " frequently assert 
 that economic conditions lie at the root of prostitution and that 
 its chief cause is poverty, while prostitutes themselves often de- 
 clare that the difficulty of earning a livlihood in other ways was 
 a main cause in inducing them to adopt this career. ' Of all the 
 
 1 Psychology of Sex — Vol. 6, page 259. 
 
 I 
 
 f 
 
 / 
 
 i 
 
 i 
 
 Memoranda on Vice Pkoblem 
 
 401 
 
 causes of prostitution,' Parent-Duchatelet wrote a century ago, 
 * particularly in Paris, and probably in all large cities, none is 
 more active than lack of work and the misery which is the in- 
 evitable result of insufficient wages.' In England also, to a large 
 extent, Sherwell states, * morals fluctuate with trade' (A. Sher- 
 well. Life in West London, 1897, ch. V.). It is equally so in 
 Berlin where the number of registered prostitutes increases dur-^ 
 ing bad years— (Bonger brings together statistics illustrating 
 this point, op. cit pp. 402-6). It is so also in America. It is the 
 same in Japan; ' the cause of causes is poverty.' (The Nightless 
 City, p. 125.) 
 
 " Thus the broad and general statement that prostitution is 
 largely or mainly an economic phenomenon, due to the low wages 
 of women or to sudden depressions in trade, is everywhere made 
 by investigators. It must, however, be added that these general 
 statements are considerably qualified in the light of the detailed 
 investigations by careful inquirers. Thus Stromberg, who mi- 
 nutely investigated 462 prostitutes, found that only one assigned 
 destitution as the reason for adopting her career, and on investi- 
 gation this was found to be an impudent lie. (Stromberg, as 
 quoted by Aschaffenburg, Das Verbrechen, 1913, p. 77.) Ham- 
 mer found that of ninety registered German prostitutes not one 
 had entered on the career out of want or to support a child, while 
 some went on the street while in the possession of money, or with- 
 out wishing to be paid. (Monatsschrift fur Ham Krankheiten 
 und Sexuelle Hygiene, 1906, Heft 10, p. 460.) But this cause is 
 undoubtedly effective in some cases of unmarried women in Ger- 
 many unable to get work (see article by Sister Henrietta Arendt, 
 Police- Assistant at Stuttgart, Sexual-Probleme, Dec. 1908). 
 
 ** Pastor Buschmann, of the Tetlow Magdalene Home in Berlin, 
 finds that it is not want but indifference to moral considerations 
 which leads girls to become prostitutes. * * * 
 
 " While the economic factor in prostitution undoubtedly exists, 
 the undue frequency and emphasis with which it is put forward 
 and accepted is clearly due, in part to ignorance of the real facts 
 in part to the fact that such an assumption appeals to those whose 
 weakness it is to explain all social phenomena by economic causes, 
 and in part to its obvious plausibility. * * * 
 
!,' 
 
 f. 
 
 M 
 
 
 402 
 
 Appendix III 
 
 "It must also be remembered — that while the pressure of 
 poverty exerts a markedly modifying influence on prostitution, in 
 that it increases the ranks of the women who thereby seek a liveli- 
 hood and may thus be properly regarded as a factor of prostitu- 
 tion, no practicable raising of the rate of women's wages could 
 possibly serve, directly or alone, to abolish prostitution. De 
 Molinari, an economist, after remarking that * prostitution is an 
 industry ' and that if other competing industries can offer women 
 sufficiently high pecuniary inducements they will not be so fre- 
 quently attracted to prostitution, proceeds to point out that that 
 by no means settles the question. ' Like every other industry pros- 
 titution is governed by the demand of the need to which it re- 
 sponds. As long as that need and demand persist, they will pro- 
 voke an offer. It is the need and the demand that we must act 
 on, and perhaps science will furnish us the means to do so.* 
 (G. de Molinari, La Viriculture, 1897, p. 155.) In what way 
 Molinari expects science to diminish the demand for prostitutes, 
 however, is not clearly brought out 
 
 " Not only have we to admit that no practicable rise in the 
 rate of wages paid to women in ordinary industries can possibly 
 compete with the wages which fairly attractive women of quite 
 ordinary ability can earn by prostitution, but we have also to 
 realize that a rise in general prosperity — which alone can render 
 a rise of women's wages healthy and normal — involves a rise 
 in the wages of prostitution, and an increase in the number of 
 prostitutes. So that if good wages is to be regarded as the 
 antagonist of prostitution, we can only say that it more than 
 gives back with one hand what it takes with the other. To so 
 marked a degree is this the case that Despres in a detailed moral 
 and demographic study of the distribution of prostitution in 
 France comes to the conclusion that we must reverse the ancient 
 doctrine that ' poverty engenders prostitution ' since prostitution 
 regularly increases with wealth, and as a department rises in 
 wealth and prosperity, so the number both of its inscribed and 
 its free prostitutes rises also (A. Despres, La Prostitution en 
 France, 1883). There is indeed a fallacy here, for while it is 
 true, as Despres argues, that wealth demands prostitution, it is 
 also true that a wealthy community involves the extreme of 
 
 Memoranda on Vice Problem 
 
 403 
 
 ( 
 
 poverty as well as of riches and that it is among the poorer ele- 
 ments that prostitution chiefly finds its recruits. The ancient 
 dictum that ' poverty engenders prostitution ' still stands, but 
 it is complicated and qualified by the complex conditions of 
 civilization. Bonger, in his able discussion of the economic side 
 of the question, has realized the wide and deep basis of prostitu- 
 tion when he reaches the conclusion that it is *on the one hand 
 the inevitable complement of the existing legal monogamy, and 
 on the other hand the result of the bad conditions in which many 
 young girls grow up, the result of physical and psychical conse- 
 quence also of the inferior position of women in our actual so- 
 ciety.' (Bonger, Criminalite et Conditions Economiques, 1905, 
 pp. 378-414.) A narrowly economic consideration of prostitu- 
 tion can by no means bring us to the root of the matter." 
 (Havelock Ellis, Psychology of Sex, Vol. 6, pages 259, 260, 261, 
 262, 263, 264.) 
 
 I have quoted the above authorities at length for the purpose 
 of strengthening the conclusions reached by my own investiga- 
 tions into the causes of prostitution in this country. These in- 
 vestigations have considered first, a study of about 300 young 
 girls who are leading clandestine immoral lives at the present 
 time and who stand in great danger of becoming professional 
 prostitutes or kept women. These girls belong to all walks of 
 life. Their fathers are store keepers, furniture dealers, real es- 
 tate agents, managers of large business enterprises, foremen in 
 factories, laborers, shoe dealers, butchers. The girls are em- 
 ployed in department stores, factories, offices; they are stenog- 
 raphers, cashiers, ticket sellers. Some do not work but live at 
 home in idleness. Some have fathers who own yachts and auto- 
 mobiles. Some are in the grammar school, some in the high 
 school. Yet all are immoral and offer themselves to strangers, 
 not for money, but for presents, attention and pleasure, and, 
 most important, a yielding to sex desire. In the underworld they 
 are known as " charity girls." 
 
 The majority of this group are poor and ignorant. For them 
 it is only a step into professional prostitution, which, no doubt, 
 they will take sooner or later. In fact, some have already taken 
 
404 
 
 Appendix III 
 
 I- ;: 
 
 ll 
 
 this step. Will the wages they receive be the direct cause? 
 Who can say ? 
 
 Second, An investigation into the life history of over 1,000 
 professional women engaged in the business of prostitution in 
 New York City during 1912. 
 
 These are divided into the following groups, according to 
 previous occupation, namely: 
 
 a. Domestic servants. 
 
 b. Factory workers. • 
 
 c. Salesgirls. 
 
 d. Stenographers, cashiers. 
 
 e. Public entertainers, such as dancers, chorus girls, singers, 
 piano players, actresses. 
 
 f. School teachers. 
 
 The following is a general summary of the histories of these 
 prostitutes formerly employed in the grades of work given 
 above : 
 
 Domestic Servants. — So\ae lazy, weak, vain, with few social 
 gifts; others ignorant with no early training, but gifted with 
 strong emotions and physically attractive. 
 
 Throughout the personal reasons for entering the life of 
 prostitution runs a pathetic strain of rebellion and disgust at 
 the meagreness of their lives, the drudgery, of a desire for more 
 life and more money. 
 
 The age when they committed their first sexual offence 
 ranges between 9 and 23. The average for 25 was about 16. 
 The prevailing age was 15, in 6 cases. 
 
 One domestic said she was bom that way. Some were in 
 school when they went wrong. 
 
 The average wage paid to 17 domestics per week was about 
 $5.55; the average monthly wage for 10 was about $23.30. In 
 both cases it is also understood th^t they received their board. 
 
 Factory Workers. — In this group we find those who are vain, 
 frivolous, weak minded, yet with strong emotions, and love for 
 their mothers, homes and children. 
 
 Memoranda on Vice Problem 
 
 405 
 
 The home life was poor, strict and forbidding with drunken 
 fathers and immoral mothers. Here the complaint of drudgery 
 is heard, with no outlook, no chance of marriage. 
 
 The age when these factory workers committed their first 
 sexual offence ranges from 14 to 22. One girl said she was 9. 
 The average is between 17 and 18. The prevailing age was 17, 
 
 in 12 cases. 
 
 Among the 38 factory workers who gave the amount of wages 
 received per week, some were either beginners or were not suf- 
 ficiently intelligent to be entrusted with important work. The 
 wages of 18 in this group run from $3 per week to $7.50. 
 Twenty received between $8 and $14 per week. The average 
 for both groups is about $7.40. 
 
 Salesgirls.— We must confess we do not find much differ- 
 ence between the personal characteristics of the salesgirls and 
 those given for domestic servants and factory workers. We find 
 the same low type, the same ignorance, the desire for more life, 
 clothes and money, the same weakness and vanity. 
 
 One hundred and ten salesgirls gave their ages when they 
 committed their first sexual offence. The ages range from 14 to 
 22, the average being between 17 and 18. The prevailing ages 
 are, 18 in 27 cases and 17 in 21 cases. 
 
 One hundred and eleven of these girls gave the salaries re- 
 ceived when employed. These salaries range from $3 to $15 per 
 week, the majority receiving $6, $7 and $8. Eleven receivetl 
 $10; eleven $12, and three $15. The average salary per week 
 for the 110 salesgirls was about $8.24. 
 
 Stenographers.— Twenty former stenographers are described 
 as being weak, vain, easily led, ignorant, degenerate, fond of 
 drink and money. Some were estimated to be above the average 
 in intelligence, others quiet and unassuming, with genetrous im- 
 pulses, who would have been different under other circumstances. 
 We have here again the same cry for better clothes, excite- 
 ment and desire for the companionship of men. Here we find 
 the home life unpleasant and full of strife. 
 
 The average age when they committed their first sexual offence 
 was between 17 and 18. 
 
400 
 
 Appendix III 
 
 : > 
 
 '■1 
 
 I 
 
 < ' 
 
 :l 
 
 ( ' • 
 
 The salaries of these girls ranged from $7.50 to $15 per week. 
 One girl was a typist only and was paid $5. 
 
 The average earnings of 20 stenographers was $11.25 per 
 week, the prevailing wage being $12 in 7 cases. 
 
 Public Entertainers.— While possessing a higher mental 
 equipment than the domestic servants, factory workers or sales- 
 girls, these public entertainers we found to be vain, conceited and 
 ignorant They had been swept away by temptation, drawn into 
 the life of prostitution by the desire for more money, better 
 clothes, excitement and the companionship of interesting men. 
 
 Forty-five entertainers gave the age when their first sexual 
 offence was committed. These ages were between 15 and 24. The 
 average was between 17 and 18 years. 
 
 Forty-nine gave the salaries they received as entertainers. The 
 amounts differed to some extent and ran from $15 per week to 
 $75. The majority received $18 to $25. The average we^ly 
 salary for 49 was about $33. The prevailing earnings in 8 cases 
 was $18; and in another group of 8, $22. 
 
 While these women gave the need for more money as one of 
 the reasons for entering the life of prostitution, they were capable 
 of earning from 2 to 4 times as much as the domestic servants, 
 factory workers and salesgirls. This is significant 
 
 School Teachers,— We have only eight professional prosti- 
 tutes on record whose former occupation was school teaching. 
 
 One was described as being quiet and refined, and no one 
 would guess she was sporty. One is a thorough degenerate, 
 another pretty, vain, but well educated; another very much 
 affected, fond of clothes, vain and untruthful; another well 
 dressed, modest in appearance, clever, and the laat pretty but 
 weak. 
 
 Whereas the domestic servant declares that she took up the 
 life because she was tired of the " drudgery of housework, tired 
 of being kicked around like a dog by a woman who claimed to be 
 a lady," the school teacher says she is tired of the " monotony 
 of teaching, wanted more excitement, better clothes, and the com- 
 panionship of men.'' 
 
 Memoranda on Vice Problem 
 
 407 
 
 Two of these school teachers received $80 and $90 per month 
 respectively. One earned $30 per month as a substitute in a 
 kindergarten ; another $2 per hour as a teacher of languages, and 
 the last $18 per week teaching backward pupils. 
 
 General Conclusions, — From the authoritative statistics and 
 opinions quoted in the first part of this statement, I think we 
 can agree: 
 
 1. That the statement that "poverty engenders prostitution still 
 stands, but that it is complicated and qualified by the complex 
 eonditi(Mis of civilization." 
 
 2. " That while the pressure of poverty exerts a markedly 
 modifying influence on prostitution, in that it increases the ranks 
 of the women who thereby seek a livelihood and may thus be prop- 
 erly regarded as a factor of prostitution, no practicable raising of 
 the rate of women's wages could possibly serve, directly or alone, 
 to abolish prostitution." 
 
 3. That " a narrowly economic consideration of prostitution 
 can by no means bring us to the root of the matter." 
 
 The latter part of the statement, I believe, corroborates the 
 conclusions reached by students abroad. Briefly summarized, 
 these conclusions are as follows: 
 
 The study of the mental and physical characteristics of the 
 girls in the various occupations from domestic servants to school 
 teachers reveals the fact that they are all weak, vain, ignorant, 
 easily led, and each one striving for a higher financial standard of 
 living from that to which they are accustomed. The domestics as 
 well as the school teachers, and all those in between have physical 
 attractiveness, are lovable and have affectionate dispositions, and 
 would have been useful and happy members of society if they 
 had been under strict discipline, and in a more healthful and 
 normal environment 
 
 All through their personal reasons, from the domestics to the 
 school teachers, they were eager to see life, have better clothes, 
 more excitement. They were rebellious against home restrictions, 
 blamed their fathers and mothers, their low salaries, and the 
 men who had been responsible for their troubla 
 
408 
 
 Appei^tx TTI 
 
 llli' 
 
 II' 
 
 II 
 
 i\\ 
 
 i" 
 
 r t I 
 I 
 
 
 l! 
 
 It is obvious on tlie face of it that the majority of those in two 
 groups, the factory workers and salesgirls, do earn less than a 
 living wage, and are eager to place the blame there ; yet the next 
 three groups, the stenographers, public entertainers and the school 
 teachers, earning a living wage, are just as eager to put the blame 
 there also. 
 
 The complaint that housework is a drudgery, that industrial 
 work is tiresome, that professional occupations are monotonous, 
 is unworthy. Life is hard and commonplace at best, no matter 
 in what station one moves, or what work one is called upon to do. 
 
 We are breaking away from religion, parental and community 
 control in these days, and when we are broken for this disobedi- 
 ence we cry like children, and hide our weakness behind flimsy 
 excuses. 
 
 What is the cause of this general breakdown and moral laxity t 
 We find it not only among the families of the poor, but among 
 those in comfortable, even affluent, circumstances. Is it economic 
 or social or a combination of both ? 
 
 In spite of years of investigations into the weaknesses of human 
 nature and its moral disease, I believe that the majority of those 
 now living professional immoral lives are living as they are be- 
 cause of conditions which can be improved, through more economic 
 justice, through education, through a better knowledge of sex life, 
 and a return to the simple yet powerful influences of the religion 
 of our fathers. 
 
 The forgoing statement is my individual opinion, based upon 
 data now available. Further investigations may warrant a change 
 in this opinion. 
 
 Memoranda on Vice Problem 
 
 409 
 
 V. 
 
 Statement of Maude E. Miner. 
 
 No one condition is ever solely responsible for bringing a girl 
 into a life of prostitution. Different forces which operate with 
 varying pressure upon the girl, gradually break down the defenses 
 and bring the individual to the point where she seems powerless to 
 resist. Economic conditions constitute one of these factors; one 
 or more other conditions, including mental deficiency, bad home 
 environment, lack of opportunities for wholesome recreation and 
 procuring by white slave traffickers, are usually found operating 
 at the same time. 
 
 It is frequently impossible to say which of these factors is most 
 potent; it has been their very combination that has caused the 
 girl to fall when she might have been able to stand in the face of 
 one or two of these forces. Lack of work, dangerous work, lack 
 of training for work, and lack of efficiency in work, in addition 
 to low wages, are among the economic forces which partially ex- 
 plain the presence of some girls in prostitution. 
 
 Great numbers of girls begin work at the age of 14, without 
 any understanding of the moral dangers which await them; few 
 have any training for work or skill in doing work ; they take the 
 first opening that is offered, without regard to their particular 
 fitness for it ; they are ignorant and inefficient as well as untrained, 
 and do not make rapid progress in mastering the work ; they be- 
 come so fatigued with the endless mechanical operations and the 
 incessant, monotonous work that will-power is undermined; the 
 small wage they receive is frequently insufficient for the actual 
 necessities of life so that someone must make up the deficit ; they 
 have little mai^n for recreation or for savings. When the slack 
 season comes or there is a depression in business, they are thrown 
 out of work without any provision for the future, and face the 
 necessity of walking up and down the streets and answering 
 innumerable advertisements in quest of other employment. Is 
 it a wonder that some of these girls, pressed through hunger and 
 want, fatigued and over-strained, fearing to face an irate father 
 or mother, who demands that they work if they continue to live 
 at home, follow the path of least resistance, accept the offers of 
 
410 
 
 Appendix III 
 
 i 
 
 I I. 
 
 m^ 
 
 r/ ' 
 
 ,h 
 
 1 1 
 
 men who make them flattering proposals, and soon find themselveg 
 in a life of prostitution ? 
 
 In 80 far as the low wage affords less than is requisite for the 
 necessities of life, and no margin of saving for the time of unem- 
 ployment, in so far as it gives no chance for wholesome recreation 
 and some of the little luxuries which the girlish heart craves, it 
 is a force that tends to bring the girl who lacks the defenses of 
 moral stamina and high ideals, and who has already taken the 
 first steps in a life of immorality, into the abyss of prostitution. 
 Although not one of the most important factors, the low wag^ 
 is an element in causing girls to enter and remain in professional 
 prostitution. 
 
 It is not merely the low wage of the girl, but the low wage of 
 the family which explains the real trouble. The low wage of the 
 father has to a large extent determined the unfortunate home 
 environment, in which the girl has lived, the early age at which 
 she has gone out to work, her lack of opportunity for good recrea- 
 tion and her contact with demoralizing forces in a crowded dis- 
 trict of the city. 
 
 Although low wage is one of the economic factore tending to 
 bring girls into a life of professional prostitution and making it 
 more difficult for them to get out, it has practically no influence 
 in causing girls to take the first immoral step. There the economic 
 factors enter to only a very slight extent. Among the thousands 
 of girls leading a life of inunorality or prostitution, whom I have 
 known and worked with during the last eight years in the courts 
 of New York City, at Waverley House and in the New York 
 Probation and Protective Association, I have had no girl tell me 
 that she took the first immoral step because of a low wage. Some 
 have claimed that it was responsible for their entrance into pros- 
 titution, though other factors were also operative. 
 
 As we recognize that no one factor explains the entrance of a 
 girl into prostitution, so there is no one remedy for all. Since 
 economic conditions enter as one factor, those conditions should 
 be improved. Steps should be taken to provide more adequate 
 trade training for the great number of girls who are to enter 
 industry; if possible girls should remain in school until sixteen 
 years of age, when they may be better prepared to meet the 
 
 Memoranda on Vice Problem 
 
 411 
 
 dangers and temptations that come through work. At the same 
 time that they are better prepared for work, individual inclina- 
 tions and aptitudes should be consulted so that as far as possible, 
 girls may find their way into congenial work tliat will enlist their 
 interests and ambition ; strenuous efforts should be made to lessen 
 the long periods of unemployment and the amount of irregular 
 and seasonal work. Through free employment bureaus of city 
 and State, special attention should be given to the placement of 
 workers, and wages should be increased so that each individual 
 has a margin for recreation and saving, and enough for the 
 necessities of life. A living wage for the father of the family 
 is absolutely essential and is of even greater concern than the 
 wage of the individual girl. If after complete investigation, it 
 appears to be desirable to recommend legislation to provide for 
 a minimum wage commission, I trust that the regulation of 
 wages of men as well as of women may be included. 
 
 If the adoption of a minimum wage will mean a living wage, 
 if the minimum wage will not tend to become the maximum 
 wage, and if society will adequately care for the large number of 
 incompetents who will necessarily be thrown out of work as a 
 result of wage l^slation, I should favor the appointment of a 
 minimum wage commission. The coming of a minimum wage 
 will necessitate better training for work, will increase efficiency 
 in workshops and lessen the tremendous economic pressure. 
 
 In so far as these results would appear, and make ccmditions 
 more tolerable for the mass of workers, there would be gain, but 
 no change of the economic system, merely, will change tiie great 
 moral problem. 
 
 Because prostitution is so complex and many forces are re- 
 sponsible for the wreckage of a large number of girls each year, 
 the remedies must be sought in a variety of directions, in im- 
 proved home and economic conditions, in better recreational 
 facilities, in segregation of the feeble-minded, in vigorous en- 
 forcement of laws against exploiters and procurers, in moral 
 education of youth, and in increased recognition of social and in- 
 dividual responsibility for the prevention of prostitution. 
 
II 
 
 III 
 
 |!i: 
 
 r, 
 
 * 
 
 ! II 
 
 ,) 
 
 i 'I 
 t 
 
 412 
 
 Appendix III 
 
 VI. 
 
 Statement of James Bbonson Reynolds. 
 
 You request a statement regarding the " relationship between 
 low wages and the vice problem and immorality among women." 
 The subject is one to which I have given much attention. I 
 have had occasion both recently and while an Assistant District- 
 Attorney to investigate cases where girls alleged that they had 
 been forced into a life of shame because of low wages. I found 
 no case in which this statement was substantiated. Undoubtedly 
 isolated instances have occurred, but so very large a proportion 
 of the girls living on low wages are moral, decent and pure- 
 minded that it would be a libel on them to draw the inference 
 that low wages force many girls into a life of immorality. 
 
 But though I have found no direct relation between low wages 
 and vice, I have found an indirect relation between general 
 poverty and vice. The poverty of the family of which the girl 
 wage earners are members often subjects them to the entice- 
 ments and dangers of vice. This poverty compels the daughters 
 of the family to go out to work at an early age and to find enter- 
 tainment in dance halls, public resorts and on the street. If 
 they be weak of mind, weak of will or of reckless disposition the 
 danger of their downfall is very gre^t Especially is this true 
 if the influence of the home is further demoralized by drunken- 
 ness, immorality or mental defectiveness of one or both parents. 
 
 Mentally defective or mentally inferior girls form a large and 
 important number of those led into inmiorality through poverty. 
 The report of the recent Massachusetts -State Commission on 
 Vice shows that 51 per cent of the girls of immoral character 
 found in certain State institutions in Massachusetts were men- 
 tally defective. The Commission expressed the opinion that a 
 still larger percentage of the number examined could probably 
 be classed as mentally subnormal. The investigations by 
 Katharine Bement Davis of girls in Bedford Reformatory point 
 in the same direction, as do other similar inquiries including a 
 recent investigation in England. 
 
 These and other investigations probably justify the conclusion 
 that not less than 50 per cent of the prostitutes in our cities are 
 
 Memoranda on Vice Problem 
 
 413 
 
 mentally defective or inferior. If these statistics are correct, 
 then povelrty plus mental deficiency would seem to explain 
 largely " the relationship between low wages and the vice 
 problem." 
 
 It is equally true that male criminals are largely recruited 
 from mentally defective or inferior boys and that the pimps and 
 procurers who make girls their victims are to a large extent 
 drawn from this class. We have, therefore, mental inferiority 
 as the cause of the downfall of many, both boys and girls, later 
 engaged in immoral or criminal practices. The thorough ex- 
 amination of all our youth in the early years of public school 
 experience, a more extensive provision for the industrial train- 
 ing of backward boys and girls and the better protection of these 
 children of the poor I hope will be considered by your Commis- 
 sion. 
 
 I do not wish to express an opinion regarding the desirability 
 of a minimum wage because I realize that many factors are in- 
 volved in an adequate consideration of the subject. The inflex- 
 ibility of the law is but one of the complications which occurred 
 to me. I have, however, advocated the raising of the wages of 
 youth even when thereby some would be forced out of employ- 
 ment I believe it to be in the interest of society that boys and 
 girls should be prevented from beginning labor until they have 
 reached such an age or such a condition of fitness as would 
 enable them to receive a fair compensation, but I hold that it 
 would be a mistake to provide legislation which would prevent 
 boys and girls from going to work before they can earn enough 
 to pay their entire living expenses. 
 
i„ 
 
 I' 
 
 
 
 
 414 
 
 Appendix III 
 
 VII. 
 
 Statement of Mary K. Simkhovitch. 
 
 The working girls I have known have in general a high standard 
 of personal morality. In instances where this is not the case it 
 would be difficult to establish a directly causal relation between low 
 wages and immorality. The girls I have known who have become 
 prostitutes or have had unfortunate experiences either have had 
 an unhappy home life, have become the victims of false promises, 
 or have been of feeble mentality. It is true that unhappy home 
 conditions are also often caused by an insufficient income. But 
 that is a question of the family income as a whole rather than the 
 wage of any individual member of the family. 
 
 It is an unceasing wonder to me that the girls who receive very 
 low wages continue to keep their high moral standards. That they 
 do so is I believe largely due to these facts : 
 
 1. That the girl's wage is generally merged in the family joint 
 income. Sometimes of course she has to support others with her 
 wages, but sometimes she is partially supported from the family 
 incoma 
 
 2. The general moral tone of her environment in church, club, 
 family or other group. She does not want to face an adverse 
 public opinion. 
 
 But while I do not believe a directly causal relation is estab- 
 lished between low wages and prostitution it is also dear to me 
 that for a girl to receive less than a living wage will result 
 disastrously for the girl and for society. The low-wage girl has 
 no margin for recreation, she cannot dress well and hence can't 
 get better positions, she is dependent upon her family (in which 
 case very often family friction ariseB) or she is dependent upon 
 tlie charity of private individuals or societies, or (and this is the 
 most likely and inevitable) the girl skimps herself on food and 
 goes down hill physically. This means she is likely in the end 
 to become a public charge or in the case of marriage to become 
 an invalid wife and the mother of physically inferior children. 
 From the point of view of social efficiency, the point of view we 
 should take as citizens, there can be no greater disaster than this. 
 
 Memoranda on Vice Problem 
 
 415 
 
 I believe it is absolutely futile to expect that the girls who are 
 in the underpaid industries will have the strength to gain higher 
 wages through collective bargaining. To rely on women's unions 
 for securing and maintaining proper wages is at the present time 
 almost hopeless. I am therefore strongly in favor of the establish- 
 ment of wage boards with power to fix wages in the case of the 
 lowest paid unorganized industries where women are employed. 
 

 
 I 
 
 1 
 
 • 
 
 416 
 
 Afpeni>ix III 
 
 VIIL 
 
 Statement of Frederick H. Whitin. 
 
 The low wages of men should be the first to be considered in 
 this connection. There is unquestionably a direct relation between 
 sexual immorality and a wage which is insufficient to enable the 
 average man to marry at the age when the sex instinct is insistent 
 and to maintain on that wage the social standard of his class. 
 Since the satisfaction of the sex instinct has for years been con- 
 sidered a necessity for men — the so-called sexual necessity — and 
 since normal satisfaction should come only through marriage, any 
 postponement of marriage as the result of a low wage has caused 
 men to obtain abnormal sexual satisfaction out of marriage which 
 constitutes sexual immorality. 
 
 Constant association with the prostitute results inevitably in 
 a lowering of the moral standard and the ease of procuring sexual 
 satisfaction out of marriage results in a decrease of the sex 
 stimulus ; both tend to decrease men's natural desire to marry and 
 encourage a continuance of sexual immorality. Thus the effect 
 of low wages for men is to create both an increased sexual im- 
 morality and an increased demand for the prostitute. 
 
 It is very frequently asked : Does the low wage of women tend 
 to increase the number of prostitutes? A woman must earn a 
 wage sufficient to provide the necessities for her standard of life 
 and any wage insufficient to enable her to do this has very de- 
 cidedly such a tendency. The wages received by those workers 
 who are mentally deficient or industrially incompetent are always 
 low according to this standard. Hence, prostitution is a natural 
 resource for these two classes of women and is accepted by them 
 as a means of livelihood to a considerable degree. Until such 
 time as the first group are cared for by the State, and until the 
 second has been made of greater economic value, they will prob- 
 ably continue to supply the ranks of prostitution. To this number 
 must be added those who are morally weak. 
 
 The low wages of the man who has a family are also, in a 
 measure, responsible for a part of the prostitutes, for a wage which 
 fails to enable the father to provide proper housing for his family, 
 rapidly destroys a girl's natural modesty and her moral sense. 
 
 , 
 
 Memoranda on Vice Problem 
 
 417 
 
 There is also a fourth group, viz., the woman employed in season- 
 able trades on a wage so low that she cannot accumulate a reserve 
 for the time when she is without work. The necessities of such 
 times would seem to cause casual prostitutes. 
 
 The proportion remaining — those with whom the low or in- 
 sufficient wage is the sole factor in their adoption of a life of 
 prostitution, — is probably a small one. 
 
 An increased economic efficiency in both sexes ; the elimination 
 of the evils of seasonable trades and the governmental care of the 
 mentally, morally and industrially incompetent, would remove 
 much of the existing supply for prostitution. The State should 
 c^re for the weak, but its first aim should be to make its citizens 
 so industrially competent that they may be economically self- 
 siistaining and so independent. The State should remove all 
 hindrances to individual success but should not remove the in- 
 centive of necessity and competition. Therefore, a minimum wage 
 determined by a governmental agency to be paid by private em- 
 ployers, would not reduce prostitution unless it was a minimum 
 annual wage for both men and women and then not unless the 
 government guaranteed employment at that minimum wage to all 
 those whose services the private employer could not use profitably. 
 Vol. 1 — 14 
 
H^ 
 
 ( . 
 
 if 
 
 lil' 
 
 ( I 
 
 2. QUESTIONAIRE ON THE WAGE PROBLEM 
 
 On July 1, 1914, the Commission sent out a large number of 
 circular letters, accompanied with a " List of Questions," as 
 follows : 
 
 Tlie New York State Factory Investigating Commission was authorized by 
 the Legislature to inquire into rates of wages in the different industries of 
 the State and to make such recommendations for wage legislation as might 
 be found advisable. The Commission was specifically directed to report upon 
 the advisability of having the State fix minimum rates of wages for workers. 
 
 For the past year we have been engaged in making a comprehensive investi- 
 gation of wages in several industries. Our statistics have not yet been 
 completely tabulated, but in many cases we have found wages to be very low. 
 
 The question arises as to what remedy, if any, shall be adopted. We have 
 prepar^ the questions on the wage problem hereto annexed, so as to obtain 
 the views and suggestions of a number of representative persons. The Com- 
 mission hopes that you will give these questions careful consideration and 
 that you will answer them as fully and completely as you can, citing illus- 
 trations if possible, from occupations with which you are familiar. You 
 may change the form of the questions or may make any sugestions that are 
 not covered by them. The Commission will appreciate it if you will send 
 in your answers to its office, 170 Broadway, New York City, as soon as 
 possible. 
 
 Asking these questions does not mean that the Commission has decided 
 upon any plan of legislation, or is in favor of or opposed to the establish- 
 ment of a minimum wage. 
 
 [418] 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 419 
 
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 II : ' 
 
 ^^ 
 
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 4^ 
 
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 1 
 
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 Appendix III 
 
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 ii 
 
 QUESTIONAIBE ON WaGE PbOBLEM 
 
 421 
 
 Following is a list of persoiis whose replies to the questionnaire 
 are presented herewith. The answers present for consideration 
 various aspects of the wage question. For convenience, the re- 
 plies are printed alphabetically, in groups corresponding to the 
 numbers in the list of questions: 
 
 D. B. Armstrong, Director, Bureau of Public Health and Hy- 
 giene, Association for Improving the Condition of the Poor, New 
 York City, 
 
 G, L. Arner, Publicist, Jefferson, Ohio, 
 Sblden Bacon, Lawyer, New York City, 
 Lloyd V. Ballard, Department of Economics, Beloit College, 
 L. Barnet, R, H, Macy & Company, New York City, 
 Gertrude Barnum, Special Agent, United States Commission 
 on Industrial Relations, 
 
 George Gordon Battle, Lawyer, New York City, 
 Emma B. Beard, President, New York State Consumers' 
 League, 
 
 Holmes Beckwith, Department of Economics, University of 
 California, 
 
 Harry Best, University Settlement, New York City, 
 Roy G. Blakey, Department of Economics, Cornell Univer- 
 sity, 
 
 E. W. Bloomingdale, Counsel, New York City Retail Dry 
 Goods Association, 
 
 R M. Bradley, Bradley & Tyson, Boston, Mass. 
 
 Edward M. Brewer, Boston, Mass, 
 
 Edgar D. Brinkerhoff, Accountant, Fall River, Mass, 
 
 J, L. BuRRiTT, Secretary, Ontario Knife Co,, Franklinville, 
 N.T. 
 
 Henry L. Oalman, Emil Caiman & Co., New York City, 
 
 Charles L. Ohute, Secretary, New York State Probation 
 Commission, 
 
 Victor S. Clark, Department of Economics and Sociology, 
 Carnegie Institution, Washington, D, C, 
 
 Miles M. Dawson, Lawyer and Actuary, New York City, 
 
 O. L. Dean, Bush & Dean, Ithaca, N, Y, 
 
 Carroll W. Doten, Secretary, American Statistical Associa- 
 tion, 
 
Ill 
 
 M: 
 
 1' . 
 
 I 
 
 I ill 
 
 422 
 
 Appendix III 
 
 ELiiiABETH DuTCHEB, Treasurer, Retail Clerks' Union, New 
 York City, 
 
 George Eastman, President, Eastman Kodak Co,, Rochester, 
 N. Y. 
 
 Sarah Elkus, Director of Women s Work, Educational Alli- 
 ance, New York City, 
 
 Eliza P. Evans, Secretary, Minnesota Minimum Wage Com- 
 mission, 
 
 Joseph Fbey, President, National Federation of German- 
 American Catholics, New York City, 
 
 C. E. Gardiner, President, Gardiner-Lucas Co., New York 
 City. 
 
 W. A. Garrioues, Levering cf* Garrigues Co,, New York City, 
 
 F. H. GiLsoN, President. F. II. Gilson Co., Boston, Mass, 
 
 William P. Gone, Salem, Mass, 
 
 Bolton Hall, Publicist, Neir York Ciiii, 
 
 W. E. Heath, Vice President, lAirkiu Co., Buffalo, N. Y. 
 
 T.Eo HiRscHFELi), Vicc President, Stem cf* Saalherg Co., New 
 York City, 
 
 George K. Holmes, Washington, D, C, 
 
 Mary Alden Hopkins, Social Investigator, New York City. 
 
 Howard C. Hopson, Albany, N, Y. 
 
 E. D. Howard, Hart, Schaffner & Marx, Chicago, 
 
 F. Lincoln Hutchins, Baltimore, Md, 
 
 Belle Lindner Israels, Dress and Waist Manufacturers 
 Association, New York City, 
 
 W, T. Jackman, Department of Economics and Commerce, 
 University of Vermont, 
 
 'N, Johannsen, Rosebank, N, Y, 
 
 Alvin S. Johnson, Professor of Economics, Cornell Univer- 
 sity, 
 
 E. M. Keator, Paper Box Manufacturer, Brooklyn, N, Y, 
 
 R. C. Kemmerer, Brooklyn, N. Y, 
 
 WiLFORD I. King, Department of Economics, University of 
 Wisconsin, 
 
 George J. Kraft, Manufacturer of Paper Specialties, New 
 York City, 
 
 James O. Kuhn, Manufacturing Confectioner, New York 
 City, 
 
 Question aire on Wage Problem 
 
 423 
 
 H. p. Lansdale, General Secretary, Young Mens Christian 
 Association, Rochester, N, Y, 
 
 Don D. Lescohier, Chief Statistician, Minnesota Department 
 of Labor and Industries, 
 
 Burdette G. Lewis, Deputy Commissioner of Correction, Neiv 
 York City, 
 
 William H. Lough, President, Alexander Hamilton Institute, 
 New York City, 
 
 Benjamin C. Marsh, Executive Secretary, Society to Lower 
 Rents and Reduce Taxes on Homes, New York City, 
 
 David A. McCabe, Department of Economics, Princeton Uni- 
 versity, 
 
 George A. McKinlock, President, Central Electric Co., Chi- 
 cago, 
 
 G. T. McWhirter, McWhirter Hardware Co., Cleveland, 
 Okla, 
 
 Henry T. No yes. President, German- American Button Co., 
 Rochester, N, Y, 
 
 Almus Olver, Secretary, Associated Charities and Churches, 
 Syracuse, N, Y, 
 
 Alfred E. Ommen, Counsel, Typothetae of the City of New 
 York, 
 
 Edward D. Page, Chairman, Committee on Commercial Law, 
 Merchants Association of New York, 
 
 Maurice Parmelee, Department of Political Science, College 
 of the City of New York, 
 
 Raymond V. Phelan, Department of Economics, University 
 of Minnesota, 
 
 L. G. Powers, Washington, D, C, 
 
 Charles Rohlfs, President, Central Council of Businessmen 
 and Taxpayers Associations, Buffalo, N, Y, 
 
 Hugo Seaberg, Lawyer, Raton, N, M, 
 
 E. M. Sergeant, Factory Manager, Niagara Alkali Co., Niag- 
 ara Falls, N, Y, 
 
 Florence Simms, Secretary, Committee on Industrial Work, 
 National Board of Young W omens Christian Associations, New 
 York City, 
 
 Harrison B. Smith, Lawyer, Charleston, W. Va, 
 
I ' 
 
 i 
 
 .i 
 
 ,ii 
 
 I 
 
 424 
 
 Appendix III 
 
 G. F. Stei&le, Chicago y III. 
 
 Robert R. Taylor, Director of Mechanical Industries, Tus- 
 kegee Institute. 
 
 H. K. Thomas, Factory Superintendent, Pierce-Arrow Motor 
 Car Co., Buffalo, N, Y, 
 
 W. H. Thompson, Editor, Switchmen s Journal, Buffalo, N. Y, 
 
 A. C. Vandivbr, Lawyer, New York City. 
 
 O. J. Weeks, 0. J, Weeks Co., Confectioners' Specialties, New 
 York City. 
 
 William L. West, Secretary, West Publishing Co., St. Paul, 
 Minn. 
 
 Ansley Wilcox, Lawyer, President, Chwrity Organization 
 Society, Buffalo, N. Y. 
 
 Mornay Williams, Lawyer, New York City; President, New 
 York Child Labor Committee. 
 
 Questionaire on Wage Problem 425 
 
 Question No. 1. 
 
 What factors determine the rates of wages which any one 
 individual worker or different groups of workers receive? 
 The following have been suggested : 
 
 The efficiency of the worker; 
 
 The needs of the individual or of the family; 
 
 The needs of pin money workers; 
 
 The mode or standard of living; 
 
 The danger and difficulty of the occupation; 
 
 The regularity of the work; 
 
 The chance of success or advancement ; 
 
 Local or trade traditions; 
 
 The number of workers available; 
 
 Organization of the workers; 
 
 Organization of the employers; 
 
 The size of the profits. 
 
 Please number these in order of their importance, striking out 
 those you consider unimportant and adding any other you desire. 
 Please discuss these factors as fully as possible. 
 
 D. B. Armstrong 
 
 It seems to me to be rather difficult to give a grading to the 
 suggested etiological factors. I suppose organization might come 
 first and then possibly the mode and standard of living. It does 
 not seem to be very important to attempt a classification of these 
 factors, for they are all more or less of a certain type. They 
 are, of course, of direct immediate influence on the rate of wages, 
 but there seem to me to be much more important factors not 
 included in the list, which are of decidedly more fundamental 
 significance and are of underlying, perhaps predisposing indirect 
 influence in contrast to the factors enumerated. I have in mind 
 the lack of a socialized organization for carrying on the work 
 of the world resulting in poverty, destitution and unrest; an 
 entirely inadequate system of education, both cultural and voca- 
 tional, resulting in a class of ignorant and unimaginative toilers ; 
 and a lack of economic independence of one-half of mankind — 
 the female half. 
 
426 
 
 Appendix TTI 
 
 I- 
 
 ! I 
 
 0, L, Amer 
 Wages are determined primarily by the cost of the production 
 of a laborer. That is, wages on the average will be just high 
 enough to maintain the laborer and a family of the average size, 
 with some assistance from wife and children at the current and 
 slowly rising standard of living. For short periods wages vary 
 according to the supply of and the demand for labor. Labor is 
 simply a commodity under modern industrial conditions and its 
 price (wages) is governed by the same laws as govern the prices 
 of commodities. Organization of laborers, through collective bar- 
 gaining, tends to increase wages, but the effect of such organiza- 
 tion is largely counterbalanced by the organization of the em- 
 ployers. The other factors suggested may have local or transitory 
 offoct on wages in a community or the wages of an individual, 
 except the '' needs of the individual and his family," which can 
 have very little if any effect on wages. 
 
 Selden Bacon 
 
 I have no doubt that each of the twelve matters suggested is a 
 factor ; and there are, I think, other factors not mentioned — in 
 particular, the value of money, which I do not find mentioned 
 in any way. Also there should be mentioned the possibility of 
 earnings in other lines, and, incidental to that, the available unoc- 
 cupied land, and also social conditions in different lines. 
 
 Some of the factors you have mentioned impose maximum 
 limitations on wages. Others impose minimum limitations; and 
 I think you would get a clearer \mderstanding of the problem 
 if you should work out the direction of each force that is men- 
 tioned. That is a labor requiring some study. Some of these 
 factors are indispensable; others are not. 
 
 Fundamentally, I disagree entirely with the wage fund theory 
 of political economy, although I appreciate, as everyone must, 
 that available cash working capital facilitates production, and 
 facilitates turning wages into cash compensation. 
 
 I would classify on the one side together as absolute maximum 
 limitations on possible wages the efficiency of the worker and the 
 size of the profits. In a sense, these two factors are identical. 
 Wages, except in experimental enterprises, normally come out 
 
 Question A IRE on Wage Problem 
 
 427 
 
 of the product. The size of the profits on the work of any indi- 
 vidual worker necessarily depends on his efficiency. The collec- 
 tion of large bodies of workers in the same line tends to average 
 the wages of the body, except in cases of piece-work, and even 
 there in some degree. 
 
 On the minimum side, the boundaries are clearly set by the 
 actual needs to support life. And next in importance to this as 
 a minimum boundary, is what the wage earner can get in other 
 occupations open to him. Between these maximum and mini- 
 mum factors there is room for the play in a minor measure of 
 all the other items that you mention. 
 
 In most occupations the needs of pin-money workers should be 
 regarded in my judgment as of comparatively slight importance, 
 because workers of that class are to a great extent limited in their 
 kinds of occupation, and in their capacities. They are, of course, 
 a factor, and in certain particular lines of labor not highly skilled 
 they constitute a considerable competitive force; but looked at 
 from the standpoint of cost of production, it seems to be rather 
 a question of whether the pin-money worker is getting due com- 
 pensation or not. In other words, as a rule the pin-money 
 worker makes a gift to the employer of services for less than 
 their value, but workers of this class are not apt to appear in 
 branches of industry requiring any high degree of training, and 
 their efficiency is apt to be low. 
 
 There is another factor which in certain lines of occupation 
 operates very strongly, which I do not see mentioned in your 
 list. That is the social position of the worker. For the class 
 of service rendered, that is, for the amount of training and skill 
 it takes to perform the service, there is probably no more highly 
 compensated form of labor than that of domestic service; and 
 this high compensation seems to be induced very largely by the 
 social position and lack of social opportunity open to a domestic 
 servant. On the other hand, it seems to me that the danger of 
 an occupation generally is not duly allowed for. The chance 
 of success or advancement, except in a minority of cases, seems 
 to me to be over-rated, as in the long run that chance is governed 
 more by the capacities of the individual than the nature of the 
 anployment. The number of workers available is in my opinion 
 
428 
 
 Appendix III 
 
 fi| 
 
 [■ 
 
 ii' 
 
 .1 
 
 r 
 
 apt to be given undue prominence, as it is more dependent on 
 the unwillingness of workers to turn their hands to some different 
 occupation, than on any other factor, as compared with the 
 amount of work to be done. Organization of workers and organ- 
 ization of employers are undoubtedly factors, but I think that 
 undue prominence is generally given to these. They, of course, 
 tend to offset one another. 
 
 The great trouble with the organization of workers, today, is 
 that those organizations are generally not directed lo the promo- 
 tion of efficiency of the workers, and I hope the day will come 
 when that factor will be duly recognized by all the labor unions 
 as a vital need of their organization. 
 
 Another factor that I think should never be overlooked is the 
 willingness of the worker to do an honest day's work for an 
 honest day's 'pay. Other factors that must be regarded are, that 
 not only efficiency but honesty and trustworthiness must be paid 
 for. 
 
 Lloyd V, Ballard 
 
 I believe that the efficiency of the worker is the primary factor 
 which determines the rate of wages paid either to the individual 
 worker or to the different groups of workers. Differences in 
 skill, in capacity, are the fundamental differences in workers 
 from the employers' standpoint. These are factors which de- 
 termine whether a given worker shall receive $1.50 or $7 a day 
 for his services. Differences in efficiency mean differences in the 
 quality and sometimes in the quantity of the service rendered. 
 These differences in the quality and quantity of the service ren- 
 dered are reflected in differences in the rate of wages paid. This 
 explains the difference in the rate of wages paid to the engineer 
 on the locomotive and his fireman or the man on the section gang ; 
 it accounts for a difference in return to the hod-carrier and the 
 master mason. 
 
 In conjunction with this factor of efficiency the supply of any 
 particular kind of labor must be considered. Efficiency alone 
 does not account for all differences in wages received. Supply 
 must always be checked up with demand in any attempt to de- 
 termine the rate of return to any of the factors of production. 
 This factor of supply is equal in importance, almost, with the 
 
 k 
 
 QUESTIONAIBE ON WaGB PeOBLEM 
 
 429 
 
 factor of efficiency, although at present the training necessary to 
 the making of a skilled worker has operated to limit supply. 
 But these differences in supply, however caused, explain particu- 
 larly the differences in the wages received by particular groups — 
 for example, teachers and lawyers. 
 
 It is difficult to answer this question in a few words. Many 
 qualifications are necessary if one is to approximate accuracy. 
 If I were to answer the question in one sentence I should say 
 that wages were determined primarily by the efficiency of the 
 worker, the supply of the particular kind of labor in question 
 determining the return within the group. 
 
 There are particular factors which operate in particular in- 
 dustries and which cannot be enumerated here. The other 
 factors mentioned on the questionnaire are such factors. The 
 danger involved explains why steeple-climbers get more than 
 other occupations involving an equal amount of skill. The regu- 
 larity of the work accounts for the difference in the wages of the 
 seasonal trades and the year-round employments. Again, chance 
 of success or advancement explains why a particular worker will 
 enter one trade or another. Likewise with the agreeableness or 
 disagreeableness of the occupation. Nothing fundamental is in- 
 volved. Labor organizations and employers' associations may 
 temporarily raise or lower wages in a particular industry. They 
 may determine the plane upon which the factors of efficiency and 
 supply shall operate. The other factors mentioned explain 
 effects, not causes. 
 
 L, Bamet 
 
 To number the twelve factors in the order of their importance 
 is practically impossible. With the exception of the third and 
 the eighth we think each one may either control or else be a 
 strong contributing factor to the rate of wages under certain con- 
 ditions. 
 
 The needs of the individual or of the family cannot in any 
 properly conducted commercial enterprise be a determining factor 
 in the rate of wages, except in isolated cases where philanthropic 
 considerations have been allowed to control. If this were not the 
 case industry would put a premium on shiftlessness by making 
 the employee feel that society was indebted to him for a living, 
 
430 
 
 Appendix III 
 
 till 
 
 ; < 
 
 ! I. 
 
 1 
 
 '1 
 
 not only for himself, but for as large a family as he cared to 
 raise. 
 
 The mode or standard of living and the number of workers 
 available appear to be two factors whose operation is dependent 
 one on the other. Where the number of workers is unlimited the 
 mode or standard of living is correspondingly depressed. Where, 
 however, there is a balance between the supply and demand of 
 labor, the mode or standard of living is very apt to be an im- 
 portant determining factor in the rate of wages. 
 
 The danger and difficulty of the occupation, the regularity of 
 the work, and the chance of success and advancement, are neces- 
 sarily factors which control only in a limited number of in- 
 dustries. 
 
 As to the organization of the workers, this in skilled trades is 
 an important factor in determining the rate of wages. In un- 
 skilled trades, however, we do not think it has ever been of great 
 importance. 
 
 So far as we know the organization of employers has in no way 
 affected the rate of wages. 
 
 Oertrude Bamum 
 
 a. The number of workers available. 
 
 b. Organization of the workers. 
 
 c. Organization of the employers. 
 
 d. Local or trade traditions. 
 
 e. The efficiency of the worker. 
 
 f . The danger and difficulty of the occupation. 
 
 g. The chance of success or advancement, 
 h. The regularity of the work. 
 
 i. The size of the profits. 
 
 j. The needs of the individual or of the family. 
 
 k. The mode or standard of living. 
 
 1. The needs of pin money workers. 
 
 Oeorge Gordon Battle 
 
 All of the factors which you mention seem to me to be im- 
 portant in determining the rate of wages. But under our present 
 
 Qdestionaire on Wage Problem 
 
 431 
 
 system the rate of wages is governed by the law of supply and 
 demand, except in so far as that law has been modified by : 
 
 (a) The organization of the workers, and 
 
 (b) The desire of employers, either of their own accord or 
 from the pressure of public opinion, to give such wages as will 
 allow the employee to maintain a reasonably decent standard of 
 living according to modem conditions. 
 
 Emma B. Beard 
 
 The factors in determining wages with which we are best 
 acquainted are: 
 
 (a) Organization of the employees. 
 
 (b) The attitude of the individual employer. Recent wage 
 studies in Boston in the candy factories, and in Ohio in the stores, 
 bring this out very forcibly. 
 
 (c) The number of workers available in industries where the 
 workers are unskilled and unorganized. 
 
 Holmes Beckwith 
 
 a. Efficiency: This, I believe, is in the main, the great 
 determinant of individvxil or group wages. Care must be used, 
 however, in understanding this word, that too much idealism and 
 social desirability be not read into it. Otherwise stated, it is 
 value (or importance) of service to the purchaser of that service. 
 The purchaser s judgment may he in error, or the service which 
 he wishes be of positive harm to society, as in case of services 
 pandering to vice. Since, however, competition results, so far as 
 competition is free, in the sale of services to the highest bidder 
 (other advantages of the work than its wage being considered, and 
 also disadvantages), a wage usaally expresses much more than 
 one individwd^s estimate of the services, and is in some sense a 
 reflection of what may be called " the social mind " and its likes 
 and dislikes. 
 
 b. Demand: One of the two great factors which together 
 mainly cause efficiency, or value of service, to be what it is. The 
 greater the demand, other things equal, the greater the value of a 
 given service, and vice versa. 
 
fll 
 
 llH 
 
 , 
 
 I .1 
 
 
 i •■> . 
 
 !| 
 
 N 
 
 432 
 
 Appendix III 
 
 c. Numbers of workers: A coordinate cause or determinant, 
 with demand, of the efficiency, or value of service, of a group or 
 individual. It must be understood that, with reference to any 
 given kind of work, as carpentry, the numbers in question are 
 only those capable of doing such work (technically efficient) and 
 available otherwise. 
 
 d. Organization of the workers : Directly, this affects wage fre- 
 quently, by superior bargaining and superior knowledge of oppor- 
 tunities and of value of service. Superior bargaining power can- 
 not (in absence of labor monopoly, or of rank ignorance of em- 
 ployer) raise wages above value of service to the purchaser, but it 
 can and often does keep them up to such value of service, in the 
 face of changes of price level, demand, etc., which might cause 
 wage paid to be less than value of service stated in money. Or- 
 ganization of workers often increases value of service by in- 
 creasing technical efficiency, through stimulus to sobriety, to in- 
 dustrial education, etc. 
 
 e. Local or trade traditions : If competition were perfect, wage 
 would equal value of service (which always means value of service 
 of the marginal man or men). It is not perfect, however, because 
 of ignorance, difficulty of movement of workers, etc., etc. In the 
 face of such facts (economic friction), local or trade traditions, 
 which represent past adjustments, continue and determine wages 
 directly, or influence them markedly. 
 
 f. Size of profits : Influences demand for labor. This influence 
 might be said to be through its effect on prospective profits. Those 
 two factors might be given importance coordinate with (d) and 
 (e). Size of profits may sometimes influence value of service in 
 this sense, — that if profits be high, it may pay to hire a better 
 grade of labor for that establishment, it being technically more 
 efficient. 
 
 g. Cost of preparation : Includes all difficulties in preparation. 
 The greater the costs and difficulties, the fewer will reach the trade. 
 
 h. Needs, or standard or living: Much the same thing, and have 
 like effects. Their chief effect is through numbers, and this 
 effect it takes a generation to show. The higher the standard of 
 living the more likely is limitation of family to ensure the attain- 
 ment or continuation of a plane of living corresponding with this 
 
 I 
 
 i 
 
 \ 
 
 If 
 
 \ 
 
 / 
 
 i 
 
 i 
 
 QUESTIONAIEE ON WaGE PrOBLEM 
 
 433 
 
 standard. A lesser effect is on economic efficiency or value of 
 service, through stimulus to the attainment of technical efficiency, 
 by industrial education or otherwise. 
 
 i. Needs of pin-money workers. Of slight importance. Those 
 needs merely increase numbers in some trades. 
 
 j. Dangers and difficulties: might be enlarged to be Net At- 
 tractiveness or the reverse of the work. So far as free to choose, 
 workers choose that work whose total attractions are greatest to 
 them. Wage is one, usually the most important single element. 
 The greater the attractiveness to workers (accurately speaking, — 
 to the marginal workers in the trade in question) the less will be 
 the wage in that trade, and vice versa. All this not as judged by 
 outsiders, but by the men choosing. That work which requires 
 qualities which but few possess will have fewer workers, and this 
 will affect their wage favorably, and vice versa. 
 
 k. Organization of employers: By fighting tactics, opposing 
 unions and their strengthening of workers' bargaining power, and 
 
 WA&E 
 
 OR&ANIZATION 
 OF WOf^KCKS 
 
 ORCrANIZATiON 
 
 
 ■RCUATive 
 
 X>IFF|Ct«_T"Y 
 
 Of v</OltK 
 
 CHANCE OF 
 SVCCr9« OR 
 APV>^NCgWgf<IT 
 
 OF >»/OHK 
 
434 
 
 Appendix III 
 
 II 1. 1 
 
 III! 
 
 Illl'i 
 
 ■I 
 
 i ; 
 
 I ^ 
 
 i 
 
 .,1 
 
 otherwise, employers' organizations can often be enabled to pay 
 wages less than the economic efficiency of their workers, or value 
 of their services. This cause is perhaps coordinate with (d) 
 and (e). 
 
 1. Regularity of work: To be considered in connection with 
 wage per day, week, etc. Affects numbers who choose a given oc- 
 cupation, or may be considered to affect wage directly, in the sense 
 of daily or weekly wage when employed, and not in the sense of 
 average yearly earnings. 
 
 Harry Best 
 
 a. The number of workers available. 
 
 b. The efficiency of the worker. 
 
 c. The size of the profits. 
 
 d. Organization of the workers. 
 
 e. Organization of the employers. 
 
 f. Local or trade traditions. 
 
 g. The regularity of the work. 
 
 h. The mode or standard of living. 
 
 i. The needs of the individual or of the family, 
 j. The needs of pin-money workers, 
 k. The danger and difficulty of the occupation. 
 
 1. The chance of success or advancement. 
 
 I do not think '* j " (the needs of pin-money workers) is a very 
 important factor, at least in the city of New York. The matter of 
 supplementing the total wages of a family is a quite different 
 thing; and the question of the inter-relation of wages of various 
 members of a family in a family budget is deserving of consider- 
 able attention. Ability to speak English ; the presence or absence 
 of one's immediate family, including the question of whether a 
 worker is living alone; the age at which school attendance was 
 discontinued; the opportunity of learning a trade; and the use 
 made of such opportunity — these are some other factors which 
 are not to be neglected. 
 
 Roy G, BlaJcey 
 
 In so far as competition among employers and employees is free, 
 and in so far as laborers can easily change from one location to 
 
 QUESTIONAIEE ON WaGE PrOBLEM 
 
 435 
 
 any other and from one occupation to another, wages tend to ap- 
 proximate the value of what they produce. To put it in another 
 way, what one laborer receives, or what a group of laborers re- 
 ceive if they combine and have to be employed as a group or not at 
 all, tends to approximate the net amount they add to the employer's 
 returns. He can not pay the individual laborer, or the group if all 
 work together, much less than this, for in that case a competing 
 employer would pay them more than he would. 
 
 The needs of his family or his standard of living does not have 
 just the kind of influence that most people think. His employer 
 pays him for what he produces for him and not for what his family 
 consumes or needs. In one sense, the strictly business sense, his 
 family needs and standard of living is a matter with which his 
 employer is not concerned directly. It is true that few employers 
 are without sentiment and his needs (if the employer knows him 
 personally) may cause him to be considerate and employ him 
 rather than some single fellow who is more efficient but whose 
 needs are less. A better standard of living may make the laborer 
 somewhat more efficient, and hence produce a greater output-value, 
 and in this way have a favorable effect upon wages ; but this is not 
 very important after the point of ordinary necessaries of life is 
 reached. Furthermore, laborers with high standards of living 
 may hold out more rather than take a reduction, and thus prevent 
 reductions in cases where the employer does not have to make 
 them ; but if wages are higher than the value of the output, he will 
 have to cut them or shut down to avoid bankruptcy in spite of all 
 standards of living. 
 
 A high standard of living may affect wages in another important 
 way. Most people dislike very much to go below any standard they 
 have once become accustomed to, even though they may at one 
 time have lived very modestly indeed. Eather than risk such re- 
 duction, they have fewer children and maintain their standard. 
 These few children they can educate and accustom to high stand- 
 ards and they are likely to be efficient and thus receive high wages 
 or salaries instead of falling into the large class of unskilled where 
 wages are low (that is, where the value of the product of the 
 marginal laborer is low, and hence, wages low). This limitation 
 of the birth rate would probably result in much higher wages in the 
 
•Ill 
 
 111 
 
 m 
 
 "' ,r 
 
 436 
 
 Appendix III 
 
 United States in the course of a generation if there were no 
 immigration. 
 
 If the employers combined, if they formed an absolute monopoly 
 they could fix wages at any point they wished, however low, if they 
 could and would stand out without compromise for the best terms 
 — that is, if they had a reserve upon which to live for a good while 
 and the workers were not so situated, as is sometimes the case. 
 Strike benefits overcome part of this difficulty for the workers. Of 
 course, if laborers were not paid enough to live, they would gradu- 
 ally die off and that would fix a limit to the low wages the employer 
 could afford to pay in the long run. Though employers often have 
 tight combinations, exceedingly tight agreements seldom are stood 
 by. 
 
 As to regularity of work, and danger and difficulty : Insofar as 
 these drawbacks are foreseen and hence the number going into 
 these occupations lessened, the marginal product is kept greater 
 and there tends to be higher wages in these occupations. But 
 there is a tendency for laborers to under-estimate risk and irregu- 
 larity of employment, and hence wages do not tend to be as much 
 more as they should be to make up for risk, particularly if they 
 do not require much preparation to enter. 
 
 E. W, Bhomingdale 
 
 There always has been, and there always will be, a divergence 
 between the wages the employer is willing or able to pay and the 
 compensation the employee desires or can demand for his labor. 
 To the former, the question is : How can I afford to pay with ad- 
 vantage to my enterprise? To the latter: How much can I get, 
 regardless of whether the enterprise is, or will continue, success- 
 ful or not ? Nor is the term : " How much can I afford to pay " 
 a mere euphemism for : " What is the least I must pay." No 
 employer can fix the rate of wages. It is true he can name the 
 amount he is willing to give, and perhaps he can fill his estab- 
 lishment with those willing to accept his terms; but invariably 
 those who are, or those who become, efficient will demand a higher 
 wage in due course and receive it, or they will look elsewhere for 
 opportunity to obtain an adequate return for their labor. 
 
 I should separate the twelve factors which have been suggested 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 437 
 
 as answers to the above question from your questionnaire as deter- 
 mining the rates of wages of groups of works, into two classes, 
 namely : 
 
 1. The efficiency of the worker; 
 The mode or standard of living; 
 The number of workers available; 
 The size of the profits. 
 
 I believe these four factors influence employers in estimating 
 the value of the service demanded, though I do not think it neces- 
 sary to give much attention to mere size of profit as an element 
 in the fixing of wages. 
 
 2. The needs of the individual or of the family ; 
 The needs of pin-money workers ; 
 
 The danger and difficulty of the occupation ; 
 The chance of success or advancement ; 
 Local or trade traditions ; 
 Organization of the workers ; 
 The regularity of the work. 
 
 These I believe are wholly matters for the consideration of em- 
 ployees, either in the mass or as individuals. 
 
 The remaining suggestion, the organization of employers, I 
 discard altogether. I do not believe it could be a permanent, or 
 even a temporary, factor of importance, and this opinion is based 
 on an experience of many years. 
 
 I do not think it necessary to give much attention to mere 
 size of profits as an element in the fixing of the individual wage. 
 This is especially true in those lines of business which can be 
 conducted in large volume with relatively few employees, or in 
 which special qualifications are required, as for example commis- 
 sion houses, offices of large corporations, jewellers, decorators, 
 specialty merchants and the like. Here the item of wages is of 
 comparatively small importance and is regulated usually by the 
 personal equation. A few dollars a week to each of a few em- 
 ployees makes but little impression on the profits of the business. 
 
 R, M. Bradley 
 
 a. The number of workers available. 
 
 b. The result of the mode or standard of living. 
 
438 
 
 Appendix TTI 
 
 ;i 
 
 I ^ 
 
 f' 
 
 The basic cause, affecting the geueral level of wages and living 
 standards among the wage earners of the United States, is the 
 enormous increase of the ocean transportation interest, with ac- 
 companying improvement and cheapening of transportation 
 facilities for immigrants. It is this that ditferentiates our own 
 time from preceding periods. 
 
 In this transportation business many hundred millions of in- 
 vested money are now at stake, and its vast fleets must be supplied 
 with a constant stream of steerat»;e passengers if owners are to 
 escape loss under present financial adjustment. The resvdt of 
 this has been the creation of an army of agents spread throughout 
 Europe and Western Asia, whose livelihood depends upon send- 
 ing a continuous stream of immip'ants into the American labor 
 market. With this system in full action, it can safely be said 
 that in our present day the small cost of transportation impeding 
 the immigrant's coming is a lesser force than this force that urges 
 the immigrant to come, regardless of any benefit that he himself 
 may derive from coming. 
 
 The fact that this labor supply has in it much material for 
 good citizenship has nothing to do with the bad effect of its mere 
 abundance upon all laborers. No one would claim that if only 
 you have good enough wheat you cannot break the market with 
 an indefinite supply, and yet we hear constantly the sententious 
 claim that we cannot suffer from too many good laborers. 
 
 Thus, in numberless places within easy reach of our immigrant 
 stations, we see the workmen^s standard of living reduced below 
 what is a proper American standard, and within these zones we 
 are now founding immense industries, the continued existence of 
 which appears to depend upon the continuance of this low priced 
 labor market, and the maintenance of an un-American standard of 
 living among their workers. 
 
 a. The 
 
 b. The 
 
 c. The 
 
 d. The 
 
 e. The 
 
 f. The 
 
 g. The 
 
 Edgar D, Brinkerhoff 
 
 size of the profits. 
 
 regularity of the work. 
 
 danger and difficulty of the occupation. 
 
 chance of success or advancement. 
 
 efficiencv of the worker. 
 
 mode or sttandard of living. 
 
 needs of the individual or of the family. 
 
 QOESTIONAIBE ON WaGE PrOBLEM 439 
 
 li. The needs of pin-money workers. 
 
 i. Local or trade traditions. 
 
 j. The number of workers available. 
 
 k. Organization of the workers. 
 
 1. Organization of the employees. 
 
 These factors have more or less influence in special cases; 
 but if the general level of wages were high, you would not 
 bother much about the special cases, as they would largely 
 right themselves. Except one, the above twelve factors have 
 little to do with the general level of wages. The one factor that 
 is responsible for the prevailing rate of wages is the size of 
 profits. 
 
 J, L. Burritt 
 Wages with us have been determined almost entirely by the 
 efficiency of the worker and the size of our profits. The only 
 other elements mentioned by you that have in any way influenced 
 our rate of wages have been the difficulty of the occupation and 
 the regularity of the work. 
 
 Henry L, Calinan 
 We believe that wages are mainly determined by the minimum 
 cost of living, the number of workers available in any particular 
 occupation, and, of course, the regularity of the work. 
 
 Charles L. Chute 
 
 a. Competition. 
 
 b. The number of workers available. 
 
 c. Organization of workers. 
 
 d. Organization of the employers. 
 
 e. The efficiency of the worker. 
 
 f. The needs of pin-money workers. 
 
 g. Local and trade traditions. 
 
 Victor S, Clark 
 
 y-jN / The efficiency of the worker. 
 ^ "^ \ The mode or standai 
 
 standard of living. 
 
 .g. r The regularity of work. 
 ^ ^ \ Organization of workers. 
 
 f Organization of employers. 
 (3) { Danger and difficulty of the occupation. 
 Needs of pin-money workers. 
 
i • 
 
 III 
 
 I , 
 
 1' : I 
 
 440 
 
 Appendix III 
 
 Speaking from observation of comparative conditions in dif- 
 ferent countries, I should say that those marked " 1 " are primary 
 influences in determining the rate of wages. The efficiency of 
 the worker and his standard of living both affect the prosperity 
 of industries and are antecedent causes to other conditions. In 
 countries where labor is efficient and the standard of living high, 
 so far as I have observed, the rate of wages is usually high, 
 whether the workers are organized or not; but in such countries 
 workers are apt to be organized. 
 
 In the second class I have placed trade unions and regularity 
 of work, as I have observed that union labor is usually better re- 
 munerated than non-union labor, and that the annual earnings of 
 workers regularly employed in most instances exceed those of 
 workers irregularly employed. 
 
 In the third group I have placed organizations of employers, 
 which seem to me less effective in influencing wages than or- 
 ganizations of workers. The chance of advancement and the 
 danger and difficulty of an occupation may be important factors 
 in particular trades, but do not seem greatly to affect the general 
 wage level of all labor. Wages are highest perhaps where the 
 chances of advancement are most numerous, and they are lowest 
 in some of our most dangerous occupations, especially if we in- 
 clude occupational and industrial diseases. The needs of pin- 
 money workers determine wages in certain occupations, but not 
 the general compensation of large groups. 
 
 Miles M, Dawson 
 
 Chiefly, in my opinion, the standard of living and the or- 
 ganization of workmen. Undoubtedly, back of the standard of 
 living, are the needs of the individual and the family (which 
 markedly affects wages in occupations which women seek, because 
 they do not usually have such burdens upon them), and the means 
 which render it possible to pay the wages are the scale of prices 
 of the commodities determined by competition in the markets. 
 The chief factors, as stated, are " the mode or standard of living " 
 and " organization of the workers.'* The " regularity of the 
 work " in certain seasonal occupations causes the scale to be con- 
 siderably increased so as to provide in part for periods of idle- 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 441 
 
 ness. '* The needs of the individual or of the family " are the 
 basis for *' the mode or standard of living " and as such are 
 effectual ; but the needs of a particular individual or of a particu- 
 lar family have little effect or none, except sometimes to cause 
 the workman to accept much less than he actually requires rather 
 than not be employed at all. Undoubtedly, as regards some 
 trades where the need of minimum wage legislation is greatest, 
 " the needs of pin-money workers," that is, of workers who are in 
 part supported by parents or other members of the family, tend 
 to lower the wage below the living point. I have made consider- 
 able investigation of the matter and am of the opinion that '^ the 
 danger and difficulty of the occupation " has very little to do with 
 wages. Some of the most dangerous and hardest occupations are 
 the most poorly paid. However, when there is excellent organiza- 
 tion this may be made a ground for a demand for good wages, such 
 as ought really to be paid. " The chance of success or advance- 
 ment '' and " the size of the profits • ' have very little to do with the 
 wage scale, though the former does occasionally depress wages 
 and the latter sometimes increases them. 
 
 ** Local trade traditions " occasionally have a good deal to do 
 with fixing wages, but, on the whole, not much, except when en- 
 forced by trade agreements through organizations of workmen. 
 " The number of workers available " usually does not affect the 
 wage scale materially, but occasionally, in times of great unem- 
 ployment, it does add to the distress of workmen by driving 
 wages below the living point, in addition to leaving great num- 
 bers unemployed. In my opinion, " organization of the employ- 
 ers," while often intended to depress wages, is usually not very 
 effective in that respect. 
 
 Carroll W, Doten 
 
 1 have given a good deal of attention, first and last, to the wage 
 problem, and may say at the outset that no theory of distribution 
 in the text-books has proved entirely satisfactory to me in the 
 the matter of the ultimate determination of wages. You are 
 doubtless acquainted with the various theories that have prevailed, 
 and especially with the latest one, known as the " marginal 
 productivity theory." I have talked with a number of people 
 
442 
 
 Appendix III 
 
 
 1 1 
 
 t 1 
 
 <f 
 
 I 
 
 who have had the matter of determining wage controversies in 
 charge in this country and in other countries, and I never found 
 that this marginal productivity theory, or any other general 
 theory proved of much assistance in the determination of any 
 specific controversy. 
 
 Your questions of course are much more specific and cannot 
 be answered by any theoretical formula. Taking your first ques- 
 tion, which has under it twelve suggested sub-questions, I may 
 say that some of these sub-questions apply to individual workers 
 and some to groups, or classes of workers. There is no question 
 in my mind but that each one of the things that you mention has 
 some effect upon the wages of the individual, but I do not be- 
 lieve that any one of the points which you mention is funda- 
 mental, or in any sense universal in its application, except pos- 
 sibly the first, namely, the efficiency of the worker. To mv mind 
 there is no doubt that the efficiency of the worker is an element 
 in determining his wage under practically every system of wage 
 contract. It sometimes seems as though it had no special effect 
 where the union is in absolute control, and where a uniform wajre 
 scale prevails, and yet even here I feel that in the long nm the 
 efficient worker will be given more regular employment and will 
 therefore earn a larger yearly wage. 
 
 It would take too long to discuss the details of the other in- 
 fluences which you mention as affecting the rate of wages. The 
 needs of the individual, or of the family, may work either way. 
 In some cases thev tend to make the laborer offer his services for 
 anything that he can get; in other cases they mav induce him 
 to seek and find better terms of employment. The pin-money 
 workers may, in certain cases, for short periods, like other sub- 
 sidized laborers, keep wages in the occupations where they com- 
 pete abnormally low, and in some rarer instances, they may prac- 
 tically dominate an industry if it is limited territorially, or in the 
 amount of its product. The mode or standard of living has its 
 effect upon wages in several ways; a high standard, of course, 
 tends to make laborers more efficient and energetic, both in the 
 performance of their labor and in the making of labor contracts. 
 Aside from this, perhaps its only effect is that which the old 
 economists have attributed to it of preventing too rapid an in- 
 crease in population, and therefore of the labor supply. 
 
 Qdestionaike on Wage Problem 
 
 443 
 
 So I might go on with the other sub-heads under question one. 
 In general, I may say that I believe there is some discounting 
 of danger, irregularity, chance of success, etc., in wage contracts, 
 whether individually or collectively made; but usually the dis- 
 counting is at too low a rate and the added compensation is in- 
 adequate for the risk involved. I believe the organization of 
 workers has without doubt tended to increase wages. It is im- 
 possible, however, to demonstrate this satisfactorily. On the 
 other hand, the organization of employers probably has retarded 
 the advance of wages. The size of profits has no necessary con- 
 nection with wages paid, but it is noticeable that where profits 
 are large, under monopolistic conditions, particularly, wages are 
 usually high and working conditions satisfactory. 
 
 Elizabeth Dutcher 
 
 a. Local or trade traditions. 
 
 b. The number of workers available. 
 
 c. Organization of the employers. 
 
 d. The needs of pin-money workers (in some trades). 
 
 e. Organization of the workers (where there is strong organiza- 
 
 tion). 
 
 f . The size of the profits. 
 
 g. The efficiency of the worker. 
 
 h. The mode or standard of living. 
 
 It seems to me that, in trades where there is no strong organiza- 
 tion of the workers, local or trade traditions are the strongest 
 factor in fixing the wage rate. It can be shown, for instance, that 
 wages of clerks are low, even where the number of such workers 
 available is not large. Among native American workers my ex- 
 perience is that the standard of living adapts itself to wages, in 
 particular instances ; not wages to standard of living. This state- 
 ment is based on personal observation of the different standards 
 of printers in New York and Philadelphia, in the days when 
 Philadelphia was a non-union city for printers, with wages little 
 more than half of that of the strongly unionized printers in New 
 York. Yet it is doubtless true that wages as a whole in America 
 reflect, somewhat dimly, American standards, when they are com- 
 pared to European wages, as a whole. 
 
444 
 
 Appendix III 
 
 QUESTIONAIEE ON WaGE PeOBLEM 
 
 445 
 
 II! 
 
 i!' 
 
 ( ; 
 
 1 !:^ 
 
 Oeorge Eastman 
 
 a. The eflBciency of the worker. 
 
 b. The number of workers available. 
 
 c. The mode or standard of living. 
 
 d. Local or trade traditions. 
 
 e. Organization of the workers. 
 
 f. The needs of the individual or of the family. 
 
 Sarah Elhus 
 
 a. Efficiency of the worker. 
 
 b. The number of workers available. 
 
 c. The danger and difficulty of the occupation. 
 
 d. The irregularity of the work. 
 
 e. A chance of success or advancement. 
 
 f . The size of the profits. 
 
 Eliza P, Evans 
 
 In the case of the person capable of making her own bargains, 
 adapting herself to new and changing conditions and capable of 
 pushing herself ahead, I believe efficiency and personality count 
 almost entirely. 
 
 Bnt, when one is considering the large mass of working women 
 (I believe this applies to men also, only in a more limited sense), 
 efficiency is only one small factor. The number of pin-money 
 workers affects wages to a very large extent in mercantile and 
 telephone and to some extent in office lines. The opportunity 
 for advancement beyond a wage that would cover the cost of 
 decent living is a very important factor. The organization of 
 the employers accompanied by the trade traditions is the most 
 important factor of all. 
 
 Employers will hire help as cheaply as possible, regardless of 
 profits, cost of living, etc. ; and the younger, less experienced and 
 more illiterate the supply for their particular labor market is, 
 the more plastic the laborer is in the hands of the employer. The 
 need of the average family for all the income it can get forces 
 the girl to take whatever employers are willing to give her. I 
 find the general level of wages to be very uniform, particularly 
 in the larger communities where the employers are well organ- 
 ized. Where all employers adopt this unfair method of making 
 wage contracts, wages are bound to be low. This proves true 
 
 even where the supply of labor is limited, for employers do not 
 generally offer larger wage rates in order to obtain more em- 
 ployees. 
 
 The fact that low wages are so nearly uniform in most lines 
 of industry encourages the square peg to stay in the round hole. 
 One result to be hoped for from minimum wage legislation ia 
 that as employers begin to consider the efficiency of the individual 
 worker more women will be forced to find employment for which 
 they are best fitted. Under present industrial conditions any 
 woman, unless she is mentally defective, will serve as a human 
 machine. Employers are very slow to realize that well paid, well 
 fed human machines will turn out per capita more wealth than 
 will poorly fed and poorly paid human machines. 
 
 And lastly the fact that woman does not consider herself a 
 permanent factor in industry complicates her problem and gives 
 the employer a very good argument for low wages. 
 
 Joseph Frey 
 
 a. The nimiber of workers available. 
 
 b. Organization of the workers. 
 
 c. The mode or standard of living. 
 
 d. The efficiency of the worker. 
 
 e. The needs of the individual or the family. 
 
 f. The regularity of the work. 
 
 g. Local or trade traditions. 
 h. The size of the profits. 
 
 i. The danger and difficulty of the occupation, 
 j. The chance of success or advancement. 
 k. Organization of the employers. 
 1. The needs of pin-money workers. 
 
 C. E, Gardiner 
 The suggested factors determining rates of wages may be 
 grouped as follows: we have numbered the groups for conven- 
 ience of reference and have arranged the groups in what we 
 conceive to be a logical order, and we have added one factor to 
 the last group. 
 
 f Needs of the individual or the family. 
 L -i Needs of pin-money workers. 
 (^ Mode or standard of life. 
 
446 
 
 2. 
 
 r 
 
 3. 
 
 1 
 
 4. 
 
 i 
 
 Appendix TIT 
 
 Regularity of work. 
 
 Chance of success or advancement. 
 
 Danger or difficulty of the occupation. 
 
 Local or trade conditions. 
 Number of workers available. 
 Efficiency of the worker. 
 Organization of the workers. 
 
 Organization of the employers. 
 Size of the profits ; and 
 
 Attitude of the employers toward the claims of labor and 
 its organization. 
 
 Group 1. l^eeds and standard of life. — This may be regarded 
 as representing " bed rock '' in the sense that the labor will not 
 continue to be supplied unless these conditions are fulfilled ; but 
 they are in themselves variable and elastic and would seem to 
 operate rather in maintaining than in fixing rates of wages. For 
 international comparisons the standard of life is very important. 
 
 Group 2. Regularity, opportunity, danger, — The wage condi- 
 tions in this group depend largely on the period of employment 
 considered; whether by the week, the year, or the life. R^u- 
 larity compares the week with the year or longer period. Danger 
 and chances of advancement are life questions. The longer the 
 view demanded, the fewer the men likely to take it It thus 
 constitutes " a difficulty," and should be considered with other 
 characteristics which affect individual success. 
 
 Group 3. Trade conditions. — Starting from the general con- 
 siderations of group 1, the number of workers available, their 
 efficiency and organization are the determining factors of wages 
 for each occupation at any time or place. But this is always 
 subject to limits. The trade may leave or change its character; 
 the men may leave or their organization may break up. 
 
 Group 4. Employers* questions. — The existence of each trade 
 and the opportunities of its development depend practically on 
 the initiative of and management by the employers. Its success 
 (not to be measured by the " size " of its profits) and the success 
 also of the workers operating under the conditions of group 3, 
 will depend on the maintenance of good relations between em- 
 ployers and employed. 
 
 i: 
 
 QUESTIONAIRE ON WaGE PeOBLE 
 
 M 
 
 447 
 
 W. A. Garrigues 
 
 Your question is a very broad one and only a general answer 
 can be given. There are, of course, exceptions, but based on our 
 experience and observation the factors most largely determining 
 rates of wages are the efficiency of the worker and the amount 
 of profit arising from the business conducted. All of the other 
 factors suggested in your circular letter probably have some 
 slight bearing on the question, but in our opinion their influence 
 is comparatively insignificant. 
 
 F. H. Oilson 
 
 a. The needs of the individual. 
 
 b. The efficiency of the worker. 
 
 William P. Gone 
 
 a. The efficiency of the worker. 
 
 b. The number of workers available. 
 
 c. The regularity of the work. 
 
 d. The chance of success or advancement. 
 
 e. The danger and difficulty of the occupation. 
 
 f. Local or trade traditions. 
 
 g. The size of the profits. 
 
 h. Organization of the workers. 
 
 Wages are determined in substantially the same manner as 
 are prices of commodities, and all the elements which enter into 
 the determination of price of commodities are present in deter- 
 mining the rate of wages. I am aware of the fact that this view 
 is not as widely held as formerly, and that it is in certain aspects 
 unpleasant to believe. If it is true, however, it will be as diffi- 
 cult to influence permanently, and seriously, wages, as it has been 
 to fix prices of commodities by the same method. This does not, 
 of course, apply to industries which are operated by the govern- 
 ment or are natural monopolies. To believe that the needs or 
 wants of the wage-earner are the controlling factors, is similar 
 to the belief, seriously expressed, that the selling price of land 
 was responsible for the prices obtained from cultivating it. In 
 other words, in both cases, the effect is mistaken for llie cause. 
 
448 
 
 Appendix III 
 
 (' 
 
 
 ' I 'i 
 
 I ni 
 
 4\ 
 
 'i 
 
 Hi. 
 
 Bolton Hall 
 Some of the suggested factors are practically duplicates — 
 " the needs of the individual or of the family " and " the needs 
 of pin-money workers " are not greatly different. ** The chance 
 of success or advancement " and ^' the size of the profits " are 
 equally the same. " Local or trade conditions " is only a sub- 
 division of the following one — *^ the number of workers 
 
 available." 
 
 W, R, Heath 
 
 The Standard Dictionary defines wages as '* Payment for serv- 
 ices rendered." This in general must be the definition, and will 
 serve as a guide in considering the 12 factors suggested. I cross 
 none of these out for the reason that they are all important. 
 Some are important because they are factors, and others are im- 
 portant for consideration because they have nothing to do with 
 the subject of wages. That '' The laborer is worthy of his hire," 
 I take to mean that the laborer is worthy of his living, and this 
 is in my judgment the most important factor in determining the 
 rate of wages to be paid to a person of average efficiency in any 
 department of labor. 
 
 Organized society not only requires that a worker should live 
 so that he will have the physical or mental strength to perform 
 his work well, but that he shall also live in such a fashion as to 
 promote the social order and perpetuate his race. Therefore, a 
 man's wages for satisfactory work perf onned should be an amount 
 sufficient to support himself, his wife and a family of three chil- 
 dren in the average state of comfort of people of his class, and 
 in such a way as to promote the public welfare. This I should 
 say might well be considered an ideal minimum wage for a man 
 working under our present state of society. With this in mind 
 I will notice briefly the factors suggested. 
 
 a. The efficiency of the worker. Certainly this is an impor- 
 tant factor. A poor worker or a ne'er-do-well has no right to a 
 living from an industry. He is entitled only to as much as he 
 can earn. A person of high efficiency is entitled to more pay 
 than I have indicated as the ideal minimum wage. 
 
 b. The needs of the individual or of the family. I have men- 
 tioned three children in suggesting an ideal minimum wage, as- 
 
 QUESTIONAIEE ON WaGE PeOBLEM 
 
 449 
 
 suming that this is the average family. An industry should not 
 be expected to support eight or ten or twelve people in exchange 
 for the labor of a single individual. He is paid wages not be- 
 cause he has a large family but in payment for services rendered. 
 
 c. The needs of pin-money workers. There should be no pin- 
 money workers. Every worker should be taught to comprehend 
 the dignity of work, the honorableness of work and the desire 
 to make his life count. 
 
 d. The mode or standard of living. No industry should be 
 expected to meet in wages the requirements of an extravagant 
 pace set by a worker, nor should the industry be justified in 
 paying what will support slovenly living. 
 
 e. The danger and difficulty of the occupation. Certainly 
 extra hazard would influence wages upward, and no compensa- 
 tion law should be expected to prevent this. The difficulty of the 
 occupation in so far as it requires a higher order of intelligence 
 would also affect wages upward. 
 
 f. The regularity of the work. Temporary or intermittent 
 work and transient employment must be at a higher rate. 
 
 g. The chance of success or advancement. I do not think the 
 subject of wages can be considered without the classification of 
 industries, and in my judgment industries offering opportunities 
 for marked advancement will require but little attention, and 
 perhaps need not be the subject of investigation by the State 
 Commission. 
 
 h. Local or trade traditions. No doubt local or trade tradi- 
 tions will always influence to some degree the rate of wages. 
 Ideally they should not, and in my judgment do not, concern 
 an investigating commission. 
 
 i. The number of workers available. There will always be 
 from time to time local conditions producing either an over- 
 supply or an under-supply of workers. Where there is a scar- 
 city of labor, wages must always tend upward, and will go to a 
 point sufficiently high to overcome the inertia of the worker, and 
 while perhaps ideally an over-supply of labor should not affect 
 the wage scale, in the economy of things the conditions in the 
 over-supplied community will cooperate with conditions in the 
 under-supplied community to overcome the inertia. 
 Vol. 1 — 15 
 
450 
 
 Appendix III 
 
 '. 1< 
 
 \Vl 
 
 fla 
 
 \ 
 
 j. Organization of the workers. The organization of workers 
 will influence wages upward. 
 
 k. Organization of the employers. The organization of em- 
 ployers will influence wages downward. 
 
 1. The size of the profits. The size of profits economically 
 should have nothing to do with the rate or scale of wages paid, 
 unless large profits are enjoyed or small profits suffered by all 
 industries of the class alike, in which case wages would be influ- 
 enced upward or downward as the case might be. There ig, how- 
 ever a loyal human spirit running through every properly con- 
 ducted industry, which gives liberal measure gladly in good 
 times, and which inspires sacrifice gladly on the part of the 
 worker in hard times. This sort of spirit should be encouraged 
 by all our laws. 
 
 Leo Hirschfeld 
 
 a. The efficiencv of the worker. 
 
 b. The regularity of the work. 
 
 c. The size of the profits. 
 
 d. The mode or standard of living. 
 
 Mary Alden llopkins 
 
 a. Organization of the workers. 
 
 b. The number of workers available. 
 
 c. Local or trade traditions. 
 
 d. Sex of employee. 
 
 e. Organization of the employers. 
 
 f. Child labor. 
 
 In laundry work, unskilled factory work, some mercantile estab- 
 lishments, and home work, efficiency has little and often no effect 
 upon wages. If length of service be any test of efficiency, the 
 following cases from my note book, may illustrate this point : 
 
 A girl employed as caretaker in the employees' coat rocxn of a 
 large department store for 14 years received $5 a week. She was 
 then raised to $6. 
 
 A woman who had worked 30 years in one department store 
 
 received $7. 
 
 A woman employed in drug department of a department store, 
 because she knew Latin, was receiving after a service of 4% years, 
 with one day's absence, $8 a week. 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 451 
 
 The needs of the individual do not raise wages: The woman 
 in the drug department was the sole support of a sick mother and 
 a sick sister. 
 
 A widow with 4 young children, working in a small retail store, 
 received $5 a wedc. 
 
 The pin-money worker does not exist. In all my home work 
 investigating I found just one women doing work for pin-money 
 and she was receiving 75 cents a dozen for bead bands for which 
 the other women were reciving 50 cents a dozen. 
 
 A crochet-slipper manufacturer asserted that his work was 
 chiefly done by " ladies " for " pin-money," I had called upon 
 all his workers and found them all Italian women and children. 
 
 The standard of living does not raise wages, except in the in- 
 direct way that a woman with a high standard of living makes a 
 strong effort to get into better paid work, while one with a low 
 standard more naturally gravitates toward low-paid work. The 
 standard of living determines the choice of a job, rather than 
 influences the rate. 
 
 If difficulty means severity of work, it is obvious that the 
 hardest women's work is the lowest paid. In the laundry the 
 " shakers " have the heaviest work and receive usually $4 a week. 
 Scrubwomen are notoriously underpaid. 
 
 Home work is the most irregular of work, yet when work is 
 given out, the worker averages only two to six cents an hour. 
 
 In unskilled factory work and home work no chance of success 
 or advancement exists. In mercantile establishments the chance 
 of advancement is for the exceptional girl and not for the average. 
 
 Whether or not the wages increase with the profits of the busi- 
 ness depends upon the policy of the owner. In a department 
 store where I was told by girl after girl how wages had been 
 reduced by discharging $10 saleswomen and hiring $6 new ones, 
 I was informed by one of the bookkeepers that in the previous 
 year the profits of the store had increased one-half million dollars. 
 On the other hand, abnost directly across the street was a store 
 where the manager was raising wages in proportion as business 
 increased, upon the theory that higher wages meant better service 
 and more business. 
 
 Home work — children's knit caps, Irish lace, etc.— work to 
 be later sold by Yiith Avenue shops, was paid for at the same rate 
 as that sold by lower priced shops. 
 
 I 
 
452 
 
 Appendix III 
 
 li, 
 
 I I 
 
 » ! 
 
 Howard C, Hopson 
 It is practically impossible to give a proper ranking to the re- 
 spective factors, considering wage workers as a whole. In some 
 industries, such as among railroad men, organization of the work- 
 ers is undoubtedly the most important factor. With conmion day 
 laborers employed on contract work, the number of workers avail- 
 able and local or trade conditions and the amount required to sus- 
 tain life are important. With skilled workers such as carpenters 
 and journeyman plumbers, local or trade conditions, the standard 
 of living and the organization of workers are important. Among 
 the higher classes of wage workers, namely, foremen and others of 
 that sort, the most important determining factor is probably the 
 efficiency of the worker ; whereas in highly skilled trades the effi- 
 ciency of the worker has practically no effect whatever upon the 
 wages paid, but is merely determining as to which employee shall 
 be dispensed with in slack times. 
 
 F, Lincoln Hutchins 
 
 In considering such questions, as you propound, is there not a 
 tendency to forget basic principles in the maze of details crowding 
 the present stage of conmiercial activities ? 
 
 When we stop to consider that the conMnunity is the real em- 
 ployer, that, in its unscientific manner it is seeking satisfaction of 
 its demands (through self-appointed agents) exactly as the prehis- 
 toric savage sought the same thing through his sole effort, we can 
 see that an individualistic view point is bound to lead to misconcep- 
 tions. 
 
 Entrepreneurs are only self-appointed servants of the conunun- 
 ity, and were it not for misguided legislatures conferring monopoly 
 rights and special privileges upon a few, the play of the natural 
 law of supply and demand would regulate the service and the com- 
 pensation therefor, and your present inquiry would not be thought 
 of. 
 
 Wages are a very modem method of distributing the value con- 
 tributed by individual human effort, and must be condenmed from 
 the view point of equitable reward for service given, or product 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 453 
 
 I 
 
 resulting from the effort expended. Sooner or later there must 
 come a method of reward based upon service to the community. 
 
 Realizing that the present problem is not postulated upon ideal 
 or reformed methods, but with principles as the back ground, I 
 answer your questions as follows : 
 
 Demand and supply must be the only real factor in rate of wages 
 under present conditions. 
 
 Demand is regulated by the prospect of profit to be obtained 
 upon the product of the individual, or upon the rate at which that 
 product may be sold. The normal tendency is to pay up to the 
 limit which will yield an average return upon the product. In 
 this element comes the efficiency of the worker; local and trade 
 conditions ; and size of profits. 
 
 Supply depends upon number of workers available for the par- 
 ticular occupation. This supply is affected by psychological con- 
 ceptions of the needs of the individual or his family; modes and 
 standards of living; chance of success or advancement; danger, 
 difficulty and disagreeableness of the work. It is very materially 
 affected by workers' organizations when they attempt to limit the 
 number available for any occupation, or to reduce the quantity of 
 product of each worker. 
 
 Organizations of both employers and employees are simply ef- 
 forts to defeat or modify the action of the natural law of supply 
 and demand — the employers to limit demand, the employees to 
 limit supply. 
 
 Belle Lindner Israels 
 
 a. The number of workers available. 
 
 b. The regularity of the work. 
 
 c. The efficiency of the worker. 
 
 d. Local or trade traditions. 
 
 e. The size of the profits. 
 
 f. The mode or standard of living. 
 
 g. The needs of the individual or of the family. 
 h. Organization of the workers. 
 
 i. Organization of the employers. 
 
 j. The danger and difficulty of the occupation. 
 
 k. The needs of pin-money workers. 
 
 1. The chance of success or advancement. 
 
454 
 
 Appendix III 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 455 
 
 I 
 
 !!' 
 
 W. T, Jackman 
 
 a. The mode or standard of living. 
 
 b. Organization of the worker. 
 
 c. Organization of the employers. 
 
 d. The number of workers available, 
 o. Local or trade traditions. 
 
 f. The danger and difficulty of the occupation. 
 
 In this state (Vermont) a large number of the workers are for- 
 eign-bom, and the mode or standard of living is, doubtless, one of 
 the chief, if not the most important, of the factors which determine 
 the wages paid. The fact that they can live upon a small remun- 
 eration has depressed the rate of wages for all. But the nominal 
 wages are rendered still lower, in the case of some mills, by the 
 fact that the mills close down occasionally for weeks or months at 
 a time, thus throwing out of employment those who have no other 
 means of subsistence. The oi^nization of the workers here does 
 not have very much effect, nor does the efficiency of the worker. 
 In the majority of instances the wages paid are the lowest that can 
 be forced upon the men and women. It would seem as if some of 
 our mills, which are merely branches of the large corporations, 
 were employed or discontinued as a sort of regulative agency to 
 equalize the supply and demand of the finished product The 
 strength of the employers overshadows that of the employees, for 
 there are always workers in abundance ready to be engaged. 
 
 Alvin S, Johnson 
 
 a. The efficiency of fhe worker. 
 
 b. The number of workers available. 
 
 c. The needs of the individual or of the family. 
 
 d. The mode or standard of living. 
 
 e. Organization of the workers. 
 
 f. Local or trade traditions. 
 
 g. The danger and difficulty of the occupation, 
 h. The regularity or the work. 
 
 i. Organization of the employers. 
 
 In the long run, the most important influence in determining 
 wages is efficiency of the worker, if by efficiency is meant, not 
 mere physical strength and skill, but capacity to produce a result 
 
 of value to the employer. Such capacity must be viewed in the 
 light of the number of laborers available. Where the number of 
 laborers is excessive, as in certain branches of the needle trades, 
 high physical efficiency is equivalent to very limited economic 
 efficiency. 
 
 The needs of the individual or of the family, in so far as they 
 are effective in determining wages, operate through the customary 
 mode or standard of living. They are important as fixing a 
 minimum below which wage contracts will not be made. Also, 
 they may be of importance in controlling the supply of labor, 
 operating to discourage immigration into a region where " cost 
 of living " is met with difficulty. Further, they may strengthen 
 the tendency to organization. It is easy to exaggerate their 
 causal significance. The Japanese on the Pacific Coast, although 
 their standard of living is low, are shrewd bargainers in the labor 
 market and receive wages not perceptibly lower than those of 
 workers of equal efficiency but having higher standards. 
 
 The mode of living, if it is taken to include all the conditions 
 of housing and nutrition, education of the children, etc., must 
 in the long run have a powerful influence upon efficiency. High 
 standards of living, based upon high wages, have generally been 
 found to be productive of efficiency (as measured in low unit 
 costs for labor). 
 
 Organization of workers, in special fields, has greatly affected 
 wages. It can not, however, be said to be the chief force con- 
 trolling wages, since oiganized labor is still in a minority. 
 Periods in which organizations succeed in forcing wages up are 
 usually periods of prosperity, when wages of unorganized laborers 
 also rise. Organization, except in a narrow range of trades, ap- 
 pears to operate chiefly through forcing, at an early date, ad- 
 vances that would be made later in consequence of industrial 
 causes, and through protecting the weaker workers against especi- 
 ally unfair conditions. 
 
 Local and trade conditions are important, in the absence of 
 organization, in fixing limits of bargaining. 
 
 Danger and difficulty are important only where they appeal 
 sufficiently to the popular imagination to deter men from enter- 
 ing the occupation. The case appears to be infrequent. 
 
456 
 
 Appendix III 
 
 I 
 
 
 1 ; 
 
 
 Kegiilaritj of work has a bearing upon daily wages, but not 
 much bearing upon yearly wages. In some trades the possibili- 
 ties of unemployment appear to be overestimated ; in most, they 
 are probably underestimated. 
 
 Organization of employers plays a part, apparently, in only an 
 inconsiderable field. Tacit and traditional agreement among 
 employers, not to bid up the price of labor, is more important 
 
 E, M, Keator 
 
 a. The number of workers available. 
 
 b. The efficiency of the worker. 
 
 c. The mode or standard of living. 
 
 d. The danger and difficulty of the occupation. 
 
 e. The chances of success or advancement. 
 
 f . The organization of the workers. 
 
 These are all embraced within two natural laws which no legis- 
 lation can abrogate — the law of the survival of the fittest and the 
 law of supply and demand. Organized labor has, perhaps, 
 tended to modify the law of the survival of the fittest by bringing 
 all employees on the same level — the best worker not being al- 
 lowed to make more than the poorest; but that is about to be 
 cured by the advent of trade schools. These, no doubt, will 
 produce workmen who will be able to sell their skill in accord- 
 ance with the efficiency of that skill and unhampered by any 
 labor union. The law of supply and demand will always work. 
 
 In my own particular specialty — round boxes — it is almost 
 impossible to procure workers, as there are comparatively few 
 users of round and oval boxes. The trade is confined to the hat 
 and millinery trade, and in order to get and keep workers one 
 has to pay them well. It is so in every other industry. For 
 many years before I manufactured paper boxes I was in the hat 
 business and I am still in that business; this present factory be- 
 ing only a side line with me. Straw hat sewers are quite scarce, 
 and one has to pay them well to get them. The trade is difficult 
 to learn and only a few take it up. The girls employed in this 
 industry make an average of eighteen dollars a week for a season 
 of nine months, straw hats being made during the winter and 
 the dull season being the summer. They are mostly unorganized, 
 and this wage is determined by the supply and demand. 
 
 QUESTIONAIEE ON WaQE PeOBLEM 
 
 R, C. Kemmerer 
 
 467 
 
 a. The efficiency of the worker. 
 
 b. The number of workers available. 
 
 c. The size of the profits. 
 
 d. Local or trade traditions. 
 
 e. The regularity of the work. 
 
 f. The chance of success or advancement. 
 
 g. Organization of the workers. 
 
 h. The danger and difficulty of the occupation. 
 i. Organization of the employers. 
 j. The needs of the individual or of the family. 
 k. The mode or standard of living. 
 
 Wilford I, King 
 
 a. The number of workers available. 
 
 b. The efficiency of the worker. 
 
 c. Organization of the workers. 
 
 d. Organization of the employers. 
 
 e. The r^ularity of the work. 
 
 f. The danger and difficulty of the occupation. 
 
 g. The chance of success or advancement. 
 h. Local or trade traditions. 
 
 i. The needs of pin-money workers. 
 
 Labor is a commodity and wages are its price. Wages be- 
 have like other prices in the market. The value of labor is de- 
 termined by its ability to turn out products which people value. 
 When labor becomes more efficient it turns out more products 
 and more products have greater value, in most instances, than 
 less products, hence wages rise. Therefore, if laborers work 
 longer hours, or more efficiently, daily wages tend to be higher 
 than when they work short, hours and inefficiently. 
 
 Training laborers to be efficient tends to make them get better 
 wages. Likewise, eugenic measures, eliminating the incom- 
 petent, will gradually raise wages. 
 
 Products are only valued when they are scarce, ii a product 
 can be made by unskilled labor it tends to be cheap, because un- 
 skilled labor is so plentiful. Hence wages are low in such in- 
 dustries — garment-working for example. When products are 
 scarce they have high value. Likewise, when the labor that 
 makes these products is scarce, it has a high value. As a result, 
 when a trade is so hard to learn that few ever learn it, wages are 
 
458 
 
 Appendix III 
 
 M 
 
 > 
 
 'It 
 
 . t : 
 
 ' I ' 
 
 |ii 
 
 . 
 
 if 
 
 high in that occupation. Where labor in general is scarce rela- 
 tive to natural resources, wages will be high e. g,, in new coun- 
 tries; where it is plentiful, labor will be cheap e. ^., China and 
 I ndia. To raise the price of a commodity, if the demand is con- 
 stant, the supply must be lessened. The demand for the prod- 
 ucts of labor is practically constant (our wants are always with 
 us), hence to raise the general wage of labor the logical method 
 is to lessen the supply. 
 
 There are therefore two ways to make wages higher in the 
 United States, first to make labor more efficient ; second, to make 
 labor more scarce. The latter may be accomplished by prohibit- 
 ing the immigration of laborers, preventing the propagation of 
 the unfit, and reducing the size of families of the lower laboring 
 classes by legal or social pressure. In the United States, the 
 high standard of living limits the size of families as soon as 
 foreigners are thoroughly Americanized ; therefore, if immigra- 
 tion is absolutely shut out, the wage problem will virtually solve 
 itself. With unrestricted immigration, no means known can 
 materially and permanently make wages good in the unskilled in- 
 dustries. One might as well try to market brine along the sea 
 shore, with conditions of inexhaustible supply. 
 
 George J, Kraft 
 
 " The efficiency of the worker " is, in my opinion, the chief if 
 not practically the only factor in determining the rate of wages 
 of individual workers in a factory such an mine, maintained for 
 the past seventy-six years. I do not consider *' different groups 
 of workers," the question with me being the earning qualifica- 
 tions of each employee — what each individual is worth to me as 
 a part of the whole force. I might add that all work done in my 
 factory is hand work; I use no machinery. 
 
 James C, Kuhn 
 
 a. The efficiency of the worker. 
 
 b. The danger and difficulty of the occupation. 
 
 c. The regularity of the work. 
 
 d. The chance of success or advancement. 
 
 e. The number of workers available. 
 
 QUESTIONAIKE ON WaGE PrOBLEM 469 
 
 f. Organization of the workers. 
 
 g. The needs of the individual or of the family, 
 h. The mode or standard of living. 
 
 i. The needs of pin-money workers. 
 
 j. The size of the profits. 
 
 k. Local or trade traditions. -J 
 
 1. Organization of the employers. 
 
 I find it rather difficult to answer as you request. I have one 
 hundred people in my employ, all seemingly contented and 
 happy, although their wages are small, averaging from $6 to 
 $22 per week. They are mostly Italians and recognize the ad- 
 vantages of this country to the experience in their own. 
 
 H. P. Lansdale 
 
 a. Local conditions and traditions. 
 
 b. By the number of workers available. 
 
 c. By the organization of workers. 
 
 d. The danger and difficulties of the occupation. 
 
 e. The efficiency of the worker. 
 
 D. D. Lescohier 
 
 In my opinion the three fundamental forces which determine 
 the going rates of wages are: 
 
 a. The cost of subsistence of the workers in conjunction with 
 
 the existing standards of living or the standards which 
 have existed in the immediate past. 
 
 b. The number of workers available. 
 
 c. Local or trade traditions. 
 
 Custom, I believe, plays a far larger part in holding wages 
 stationary than we have been accustomed to think, and any em- 
 ployer pays a wage higher than that which he has been ac- 
 customed to pay only when considerable pressure is put upon him 
 to do 'SO. It is impossible to separate out these various factors 
 and say this one is the most important and that the next one is 
 the next in importance, because all of the influences which you 
 cite in your list of questions are operating, and other factors 
 also. Under one group of circumstances one or more oi these 
 influences will be more important, and under another group of 
 circumstances others will be more important. 
 
Il 
 
 • : 
 
 il 
 
 '. 
 
 : 
 
 U 
 
 460 
 
 Appendix III 
 
 We need to separate the wage consideration into three classifi- 
 cations. First, there is what you might call the *' going rate of 
 wages for labor," and by thii 1 mt^an the wage which is paid by 
 all sorts of employers in all sorts v^f occupations for what we 
 ordinarily call '* common labor." This common labor ranges in 
 quality from the mere brute strength of a worker ot little intelli- 
 gence and no special skill to the semi-skilled work of a factory 
 operative. The great majority of wage earners are included 
 within this group, and it is also characterized by being the type 
 of laborers who most easily change from one industry or occupa- 
 tion to another. 
 
 Second, there are subnormal wage groups which earn a wage 
 less than this "going wage" for common labor. These groups 
 are either inefficient as compared with the average laborer, or 
 they are weak or ignorant and taken advantage of by their em- 
 ployer. Many of the less intelligent and weaker immigrants, 
 together with the less efficient elements of our own working 
 population, are included. 
 
 The third group of workers comprises those who earn in ex- 
 cess of the ordinary rates of wages. This group includes the 
 skilled trades such as machinists, carpenters, etc In order to 
 make these three groups more specific I will reduce them to 
 terms of money. In this part of the country what we call com- 
 mon laborers earn from $12 to $16.50 a week. Now these are 
 not casual laborers but are men who work in all sorts of occupa- 
 tions — at " jobs " as contrasted with such men as carpenters and 
 machinists who work at trades. These men, who work at jobs, 
 may be working for a couple of years for a meat market and then 
 in a factory, and then afterwards as street car conductors. They 
 take up occupations where the work may be learned in a short 
 time and where a reasonable degree of physical strength and 
 ordinarv' intelligence, with perhaps a common school education, 
 is all that is required. It is the wage of this group which I 
 would call the normal or going rate of wages ; the standard from 
 which the wages of the especially skilled are measured and below 
 which we may speak of wage groups as subnormal groups. There 
 is something wrong when a laborer in Minnesota is unable to 
 earn $12 a week when he is at work. 
 
 QUESTIONAIRE ON WaGE PeOBLEM 
 
 461 
 
 Now the general forces which determine wages determine the 
 wages of the average laborers of the first group cited. They are 
 selling simple^ or what one might call " standard," labor power. 
 Their natural abilities are neither deteriorated by some physical, 
 mental or moral deficiency nor increased by some special skill or 
 training (as occurs in the case of the third group), and the 
 economic forces operative in the market-place work in a more 
 typical manner in their case than in that of the second or third 
 groups. Their wage is determined to some extent by the rela- 
 tive strength of themselves and their employers in bargaining, 
 but a minimum below which their wages cannot go and a maxi- 
 mum above which they will not go seem to be set by factors to 
 which I will refer in a moment. When I speak of the relative 
 bargaining power of the workers and the employers, I mean the 
 comparative advantage that the two have in making a bargain. 
 If the employee is in serious need of work he is forced by his 
 necessities to agree to wage terms that he would not have to agree 
 to if he were not in need of work. If the employer, on the other 
 hand, has unfilled orders which must be delivered and he is short 
 of men he may be willing to pay a higher wage temporarily in 
 order to get men. But the ordinary situation with respect to 
 the labor group we are considering is that there are idle men 
 seeking employment at all times, and the employer ordinarily is 
 at an advantage in having a supply of men to choose from. The 
 individual employee is not only entirely dependent upon his labor 
 for existence, but his earnings when employed leave little surplus 
 for unemployed periods. As soon as he is out of work, therefore, 
 he is at a great disadvantage. It makes a great deal of difference 
 to him whether he gets a job or not, but if there are other men 
 whom the employer may hire it makes little difference to the em- 
 ployer whether he hires this particular man or not. The net 
 result of these facts is that the laborers in general are all the time 
 at a relative disadvantage as compared with employers in general 
 in bargaining over wages, and the employing classes are always 
 able to force the mass of the laborers to accept a wage which is 
 less than the employers could pay, and which is only as high as 
 it is necessary for them to pay in order to keep the laborers alive. 
 
 Why then do employers not utilize their advantage to force 
 
462 
 
 Appendix III 
 
 W 
 
 1 <• 
 
 1 1 
 
 /, 
 
 wages lower and lower? The worker will refuse, except under 
 most extreme circumstances, to work for a wage which he deems 
 insufficient to provide himself and his family with what he calls 
 the "necessities of life." "Necessities of life" is not 
 synonymous with standard of living. He may have desires and 
 ambitions which enter into a standard of living that would re- 
 quire a higher wage but he will, if necessary, accept a wage that 
 will enable him to provide those things which he considers neces- 
 sary for the subsistence of his family. At times when there is a 
 very large supply of labor, as compared with the demand for 
 labor, the workman will often temporarily accept a wage less 
 than sufficient to provide this necessary subsistence, but he will 
 not accept this lower wage permanently because he cannot. The 
 needs of existence, therefore, in the long run constitute a mini- 
 mum which determines the point below which wages in general 
 will not go. 
 
 The employer, on the other hand, seeks to keep the wage as low 
 as he can in order to keep down his expenses of production. 
 His eifort is to keep the wage as near to this minimum as pos- 
 sible. He steadily resists all movements or forces which would 
 tend to increase the going rates of wages. His effort is to main- 
 tain the customary or existing wage standards unchanged unless 
 prices fall for a considerable period of time, in which case he 
 either withdraws from production temporarily, or reduces his 
 output, or reduces wages. If prices go up he attempts to main- 
 tain the wage standards that existed before the prices increased, 
 in order to prevent the workman from becoming accustomed to 
 the higher wage rate. From the worker's standpoint we have the 
 rising standard of living continually acting as a lever to raise the 
 wage standard and to make the customary wage higher, while on 
 the employer's side we have the continual effort to pay no more 
 than the existing customary rate and to hold wages down and 
 prevent any increases. The efficiency of the worker enters into 
 the matter of wages principally by causing the individual worker, 
 or the individual groups of workers, who are more efficient to 
 have more regular employment and (if the superiority is marked) 
 to get a higher wage. In other words, efficiency explains the 
 
 QUESTIONAIRE ON WaGE PbOBLEM 
 
 463 
 
 gradation of wages and the selection of employees, but up to the 
 present time has probably not played a marked part in affecting 
 general wage rates. 
 
 I have not been able to see that the dangers and difficulties of 
 occupations play a very large part in determining the wage rates. 
 There is always such a large supply of labor that an employer can 
 ordinarily get men at any time and for almost any kind of work, 
 if he is willing to pay the highest rates of wages. A careful study 
 of wage statistics in Minnesota which we made with this very 
 question in mind did not reveal to us any correspondence between 
 variations of wage rate and variations in risk. (My reference to 
 the highest going rates of wages perhaps requires explanation.) 
 My observations of the wage situation have led me to believe that 
 various employers pay anywhere from $12 to $14 a week for the 
 same grade of labor. Some employers are more liberal than others 
 or less fortunate in bargaining, and there is a slight range in the 
 wages paid for any given type of labor, unless the wage schedule 
 is made uniform by some artificial means, such as a trade agree- 
 ment. 
 
 My observation is that where work is regular the daily wage 
 rate tends to be a little lower, although the annual earnings are 
 higher. 
 
 Profits do not appear to me to be of any considerable importance 
 in the determination of wages. Employers raise wages when they 
 are forced to raise them, except in occasional instances, and not 
 when they are able to raise them. Unless the workers know that 
 profits are large and force the employer's hand, profits will have 
 comparatively little effect on wages in general. 
 
 Organization of the workers and special skill explain only the 
 wage rates of that group of workers which receives more than the 
 ordinary going rates of wages and has little effect on those groups 
 of workers who might be affected by such a proposition as a mini- 
 mum wage law. On the whole I do not believe the organization of 
 the employees has been an important force in the determination of 
 the general wage rate, though it has improved the condition of a 
 large number of employees in specific occupations. 
 
464 
 
 Appendix III 
 
 !i 
 
 *. I 
 
 t ■ 
 
 1' 
 
 ■t. 
 
 
 ■I 
 
 Burdette G, Lewis 
 I do not believe any human being can answer this question with 
 any degree of reliability. In my judgment, the given wage at a 
 given place reflects the general opinion of employers as to what 
 they think each job is worth. There are some hazardous occupa- 
 tions, such as building trades, which have had a higher rate of 
 pay, but I believe that the higher rate of pay is due to the fact that 
 the building trades are thoroughly organized. There are other 
 kinds of employment, such as driving garbage wagons in the city 
 of New York, and delivering coal in the city, which are dangerous 
 and hazardous, but do not conmiand a sufficiently high wage, not 
 because they are any less hazardous but because they have not yet 
 been established as genteel enough professions to require a higher 
 wage. 
 
 William H, Lough 
 
 There is no real question but that the underlying factor which 
 determines the wages of any individual is his " productivity." I 
 am using this word in a broad sense to include everything that an 
 individual contributes to the welfare of the business. It seems 
 clear that if a man, through his skill or through his ability to su- 
 pervise others, can add $1,000 to the annual output of a factory, 
 his employer would be willing to pay in the neighborhood of 
 $1,000 rather than lose his services. If his employer is not wil- 
 ling, some other employer will do so. 
 
 It is, of course, true that there is no exact measure of the " pro- 
 ductivity " of most workers either in plants or in offices. The best 
 that can be done in most cases is to make a rough guess. Custom 
 has established rates of pay for some classes of workers which is 
 really an estimate of the average " productivity " of the men in 
 this group. 
 
 While "productivity" is the underlying factor, there are a 
 great many other factors nearer the surface that produce tempo- 
 rary changes in the rates of wages. For instance, either workers 
 or employers may organize and temporarily raise or lower the 
 standard of wages in certain lines. But the effect of this must be 
 harmful either to that industry or to the workers, as the case may 
 be, and will result in cutting down the normal flow either of capi- 
 tal or labor to that industry. 
 
 
 ' 
 
 QUESTIONAIEE ON WaGE PeOBLEM 
 
 465 
 
 The danger and difficulty of occupation, regularity of work, the 
 chances of advancement, and similar factors, all affect more or less 
 the rate of money wages, but it is easy to exaggerate the influence 
 of these obvious factors. 
 
 The needs of the individual or the family and the standard of 
 living of the workers are determined by the wages they receive. 
 In other words, the working of cause and effect is not from stand- 
 ard of living to wages but from wages to standard of living. 
 
 One reason why most people in the lower ranks of manual and 
 clerical workers fail to see that their individual efficiency or " pro- 
 ductivity" determines their wages is that they do not appreciate 
 the necessity and expense of supervision. It has been well said 
 that everyone pays for the supervision he requires. In other 
 words, a man has to take a lower wage than he would otherwise be 
 entitled to because he cannot be trusted to work honestly and intel- 
 ligently without having some one over him to watch him. 
 
 Benjamin C, Marsh 
 
 A careful distinction should be made between the nominal and 
 real rate of wages, which an individual or group of workers re- 
 ceives. Otherwise, the determining factors of one or the other sort 
 of wages will be ignored. This point is made clearer by recogniz- 
 ing the fact that the average family of five persons contributes in 
 taxes $180 a year directly, without taking into account the indirect 
 burdens the tariff tax imposes by raising the price of protected 
 goods. This is conservatively estimated at three times that which 
 is collected at the Custom House. Taxes consume, directly or in- 
 directly, 15 per cent, to 20 per cent, of the earnings of most work- 
 ers of the country. 
 
 So long as we continue taxing the products of labor, including 
 buildings, at the same rate as land values, land speculators will be 
 the chief beneficiaries of the enforcement of the " minimum wage." 
 
 I believe that all the factors which you have mentioned operate 
 in determining the nominal wage, t. e,, the number of dollars paid 
 to the workers. I believe, however, that the three most important 
 factors are the number of workers available, the organization of 
 the workers, and the organization of the employers. 
 
466 
 
 Appendix III 
 
 II, 
 
 if 
 
 
 il 
 
 n 
 
 Unfortimately, neither the efficiency of the workers nor the 
 needs of the individual or the family have much, if anything, to do 
 with determining wages. 
 
 David A, McCdbe 
 I do not feel that we know enough yet as to what forces actually 
 do account for a particular modal rate of wages in a trade or lo- 
 cality to strike out any of the suggested factors enumerated in your 
 question or to assign to each its proper relative importance. I 
 take it that you are considering what sets the normal or modal 
 wage in an occupation in a given locality, rather than what causes 
 individual variations in wages ahove and below the normal wage 
 for that occupation. 
 
 George A, McKinlock 
 The factor that determines the rate of wage that the worker ex- 
 pects and for which he gives his services is his efficiency. In con- 
 nection with his efficiency come the needs of himself and his fam- 
 ily. These needs depend largely upon the mode or standard of 
 his living, and the latter on his moral and spiritual outlook, 
 
 G. T, McWhiHer 
 The factors which determine the rates of wages, in order of their 
 importance, are the number of foreign laborers Uncle Sam has 
 played Santa Olaus to in order to increase the money coffers of the 
 capitalist, the number of workers available, the danger and diffi- 
 culty of the occupation, the regularity of the work, the efficiency of 
 the worker, the chance of success or advancement. The rest which 
 have been suggested to you are about equal. 
 
 Henry T, Noyes 
 For our industry (button manufacture) the factors which deter- 
 mine the rate of wages would be somewhat as follows, listed in the 
 order of their importance. 
 
 a. The efficiency of the worker. 
 
 b. Local or trade traditions. 
 
 c. The needs of the individual or of the family. 
 
 d. The chance of sucoese or advancewont. 
 
 FH 
 
 hv 
 
 QuESTiONAiEB ON Wage Peoblem 467 
 
 e. The mode or standard of living. 
 
 . The number of workers available, 
 g. The danger and difficulty of the occupation, 
 h. The regularity of the work. 
 
 i. The size of the profits. 
 
 Almus Olver 
 In my estimation the following factors determine the rates of 
 wages in this locality at least, given in their order of importance. 
 
 a. The organization of the workers. 
 
 b. The efficiency of the worker. 
 
 c. The number of workers available. 
 
 d. The danger and difficulty of the occupation. 
 a The regularity of the work. 
 
 f. Organization of the employers. 
 
 g. The mode or standard of living, 
 h. The needs of pin-money workers. 
 
 i. The needs of the individual or the family, 
 j. The size of the profits. 
 
 The two factors, chance of success or advancement and local or 
 trade traditions, I have struck out as being unimportant in my 
 estimation. 
 
 Alfred E. Ommen 
 
 Rates of wages seem to be based on these considerations in order 
 named: 
 
 a. Efficiency of the worker. 
 
 h. Number of workers available. 
 
 c. Regularity of the work. 
 
 d. Size of the profits. 
 
 e. Danger and difficulty. 
 
 f. Mode and standard of living. 
 
 g. Chance of success. 
 
 h. Organization of workers, 
 i. Organization of the employers. 
 
 In the last analysis, efficiency is the basis of wages. Every man 
 pays for superintendence or is paid for being superintendent by 
 those whom he superintends — the larger the number, the larger 
 his pay. 
 
 In so far as the printing industry is concerned, there have been 
 
I 
 
 II' 
 
 I t 
 
 ^\ 
 
 !'i' 
 
 I 
 
 
 468 
 
 Appendix III 
 
 many strikes which have resulted in the raising of wages, but the 
 profits have not been commensurate with such raise of wages, and 
 the industry is not in as prosperous condition as it was some years 
 ago by reason of this constant attack upon it by what you call 
 " Organization of the Workers." 
 
 Edward D. Page 
 
 The rate of wages paid to a worker or a group of workers by an 
 employer or a group of employers in any industry at a given time 
 and place is in essence an agreement between individuals or groups 
 of individuals as to a division of the proceeds of the industry. 
 This division adapts the needs of men who desire fixed income to 
 those of other men who desire fluctuating incomes, and are willing 
 to assume the risks of enterprise. 
 
 The rate of wages prevailing at any given time or place is by no 
 means the simple product of any one or two or even of a few causes 
 or conditions. On the contrary, it is a complex dependent upon 
 the interaction of many conditions. It is, however, possible, in a 
 way, to classify these conditions into three principal groups, the 
 interaction of each of which upon the others produces the given 
 result. These conditions are : 
 
 a. Social. 
 
 b. Economic. 
 
 c. Psychological. 
 
 a. Social conditions. The most important of these is the cus- 
 tomary or habitual rate of wages which prevails in the group to 
 which the working man belongs, and which is usual in the industry 
 under consideration. This is by far the most important factor in 
 the determination of wages. It varies but slightly from year to 
 year. Upon it the promotion of new enterprises is based. To pay 
 the customary rate is considered fair : to pay less is considered un- 
 fair. It generally satisfies the sentiments of both parties to the 
 transaction if these wages are paid. The rates paid to individuals 
 tend to fluctuate around the customary rate when disturbed by 
 temporary economic conditions. The customary standard of liv- 
 ing has a causal influence upon the customary rate. 
 
 b. Economic conditions. The principal of these is the inter- 
 
 
 QUESTIONAIEE OK WaQE PeOBLEM 
 
 469 
 
 action of competition between workmen for employment and com- 
 petition between employers for work. This, of course, is influ- 
 enced on either side by organization in so far as organization tends 
 to reduce this competition. It is indirectly influenced by the num- 
 ber of workmen and by the number of employers, but only when 
 the equilibrium between the work to be done and the size of either 
 of these two groups is disturbed. This disturbance is shown by 
 the margin of unemployment amongst workers, or by the lack of 
 workmen to equip establishments. It is affected by the efforts of 
 unemployed persons to obtain employment and by the extent of 
 their willingness to deviate from the customary rate of wages in 
 order to do so. It is influenced on the other hand by the desire of 
 employers completely to man their establishments and by their wil- 
 lingness to deviate from the customary rate' in order to accomplish 
 this result. 
 
 c. Psychological conditions. On the workman's side he is at- 
 tracted or repelled from his job by opportunities of advancement 
 — agreeable conditions of work — the prestige of the establish- 
 Q^^t — profit sharing arrangements — needs of the individual 
 or his family. On the employer's side deviations from the cus- 
 tomary rates are affected by the profitableness of the industry — 
 agreeableness of general business conditions — pride in main- 
 taining business prestige. In both of these situations the wages 
 fixed by custom and competition may be increased or diminished, 
 according to the interaction of these factors. 
 
 Maurice Parmelee 
 1. These factors are so interdependent and so complex that it 
 is very difficult to arrange them in any arbitrary order. There- 
 fore I shall only attempt to separate them into a few groups 
 with some suggestions as to their relative importance. Unless 
 otherwise indicated everything I say applies to the wage problem 
 in a very general way and not to individual and exceptional 
 
 cases. 
 
 First I would group together " The needs of the individual or 
 of the family," " The nimiber of workers available," and " The 
 efficiency of the worker." If we mean by "needs" the bare 
 needs absolutely necessary for existence this is the most im- 
 
470 
 
 Appendix III 
 
 y 
 
 .1 
 
 .Ml 
 
 v 
 
 t 
 
 portant factor, for wages could not fall below a bare subsistence 
 wage, and this would therefore fix the minimum limit. But if 
 in " needs " we include more than bare subsistence needs, as, for 
 example, things required by a certain standard of living, this 
 factor lessens in importance. The number of workers available 
 is always of great importance, for if there is a superabundance 
 of workers wages tend to fall to a bare subsistence wage, while as 
 the number decreases in relation to the demand wages are neces- 
 sarily forced up. Efficiency is of great importance in determin- 
 ing the wage of the individual wage earner, for differences be- 
 tween individuals are determined largely by differences in 
 efficiency. 
 
 Next 1 would group together " The chance of success or ad- 
 vancement," " The re^larity of the work," and " The danger 
 and difficulty of the occupation." It is diffi<>ult to determine the 
 relative importance of these three factors, though the order sug- 
 gested may be the correct one. These factors are on the whole of 
 more importance in determining individual differences in wages. 
 
 Then I would group together " Organization of the workers," 
 " Local or trade traditions," and '' The mode or standard of liv- 
 ing." It is difficult to determine the relative importance of this 
 group and the previous one. At certain times and places this 
 group has probably been of more importance. This may be true 
 now owing to the organization of the workers. However, in the 
 long run, in the past the previous group may have been of more 
 importance. As to relations within the group the organization 
 of the workers may be of most importance now. Traditions, 
 however, have been of great importance, and are still in certain 
 places. The standard of living has doubtless always been of 
 importance, and may seem of most importance in this group, and 
 perhaps also more important than any factor in the previous 
 group. However, the standard of living is to so great an extent 
 the result of other factors, and therefore dependent upon them, 
 that it is difficult to classify it as a distinct factor. 
 
 Then I should group together " The size of the protiU " and 
 " Organization of the employers." When there is no organiza- 
 tion of workers under a capitalistic system I think that the size 
 of the profits has little if any influence upon wages because the 
 
 QUESTIONAIKE ON WaGE PrOBLEM 
 
 471 
 
 competition of the wage earners amongst themselves tends to 
 force wages down to a bare subsistence minimum quite regardless 
 of how much profits the entrepreneurs are making. The num- 
 ber of workers available is also of great importance in this con- 
 nection. But, when the workers organize, the size of the profits 
 becomes a sort of maximum towards which they work. The 
 organization of the employers has perhaps at most times been of 
 little importance. The present tendency towards industrial 
 combination is probably of considerable importance in an in- 
 direct way, which is so complex that it would take too long to 
 analyze it here. In its direct effect it is probably of much less 
 importance. 
 
 " The needs of pin-money workers '' may seem of great im- 
 portance now. But in the long run it has been of little import- 
 ance and has probably comparatively little influence even now. 
 
 Raymond V. Phelan 
 
 a. Efficiency of worker. 
 
 b. Standard of living. Class standard of living is argued by 
 
 employer as a justification of low wages. 
 
 c. Pin-money worker used as an excuse for low wages. "All 
 
 our girls live at home," an employer will say with self- 
 satisfaction and pride. 
 
 d. Danger and difficulty of work have little if any influence. 
 
 e. Tradition is a factor, operating especially through the class- 
 
 conscious feeling of the employer. 
 
 f. Organization of workers is a decided factor. Organization 
 
 or understanding among employers also a factor. For 
 example, a girl must often give up one job before she will 
 be considered by another establishment for another job. 
 
 g. Size of profits may operate to keep wages down. In two 
 
 definite cases (newspaper publisher and department store 
 managers) it is assumed that debt on the business justifies 
 denial of wage advances recognized by the employer him- 
 self to be fair and to be due his workers in Minneapolis. 
 
 L. 0, Powers 
 
 a. The efficiency of the worker. 
 
 b. The regularity of the work. 
 
 c. The danger and difficulty of the occupation. 
 
 d. The number of workers available. 
 
 ''T"**" !?ri!E?£ ^.T ''^'^r^ 
 
472 
 
 Appendix III 
 
 e. The mode or standard of living. 
 
 f. Organization of the workers. 
 
 g. The chance of success or advancement. 
 
 h. The needs of the individual or of the family. 
 
 i. The size of the profits. 
 
 j. Local or trade traditions. 
 
 k. The needs of pin-money workers. 
 
 1. Organization of the employers. 
 
 I refer to the influence of the factors under average or normal 
 conditions. For exceptional persons or under exceptional con- 
 ditions the relative influence of the factors will be very different 
 from that indicated by my notation. Thus the need of pin 
 money which I have marked 11 on the scale of 12 may be the 
 most important and impelling factor in the case of a limited 
 number of persons, especially the members of the families of the 
 fairly well to do. 
 
 In the long run the productive powers of the individual worker 
 as of the workers collectively is the most important and deter- 
 mining factor of wage determination. With a fixed standard of 
 living and settled condition of toil this factor is almost supreme. 
 With an increasing collective productiveness which creates an 
 increasing or advancing standard of living and thus of consum- 
 ing power, some of the other factors listed assume greater relative 
 importance than they have in the state of society first mentioned. 
 In such a situation the influence of the organization of labor, 
 legislation and kindred factors are greatly increased as compared 
 to that which exists in the state of society first reterrea to. 
 
 The increasing standard of living is the factor making an in- 
 creasing number of persons willing to toil for pin money. The 
 needs of an individual or family is determined most of all by the 
 standard of living of the class of toilers to which they belong or 
 with which they associate. 
 
 Wages, I believe, tend to equal what is desirable and prac- 
 tical. With rising productive power of society as a whole, a ris- 
 ing standard of living is created and this forces up wages and 
 the most effective factors of this change, are efficiency of workers, 
 intelligence of toilers, and organization of the workers. Those 
 having these qualities or controlling the advantages secure an 
 
 QUESTIONAIRE ON WaGE PeOBLEM 
 
 473 
 
 advance of wages first and most adequately while those not so 
 favored secure the advance last and to the least extent. 
 
 E, M. Sergeant 
 
 a. The number of workers available. 
 
 b. Organization of the workers. 
 
 c. The efficiency of the worker. 
 
 d. The danger and difficulty of the occupation. 
 
 e. The regularity of the work. 
 
 f. Local or trade traditions. 
 
 g. The chance of success or advancement, 
 h. The mode or standard of living. 
 
 i. Organization of the employers. 
 
 I should say that items marked from f to i are of very small 
 importance, and those stricken out entirely negligible. 
 
 Florence Simms 
 
 a. Organization of the workers. 
 
 b. Organization of the employers. 
 
 c. The numt)er of workers available. 
 
 d. Local or trade traditions. 
 
 I think that only the four factors mentioned have a large share 
 in wage determination. 
 
 Harrison B. Smith 
 The wage problem in this conununity (West Virginia) in- 
 volves principally mine workers. I have, therefore, answered 
 your first question by checking the mode or standard of living 
 and organization of the workers. Our mine workers make good 
 wages. Their standard of living is not high, but their mode of 
 living involves large expense. The organization of the workers 
 does not consider the amelioration of conditions, but wage in- 
 crease; this does not produce a satisfactory result in all cases. 
 It is a notable fact that our mine workers purchase their food 
 and supplies in an expensive form; the result is that there is 
 little thrift and some destitution, where the amount of wages 
 justifies a better standard of living and provisions for old age 
 and emergencies. 
 
474 
 
 Appendix III 
 
 G. F, Steele 
 
 a. The efficiency of the worker. 
 
 b. The regularity of the work. 
 
 e. The danger and difficulty of the occupation. 
 
 d. The needs of the individual or of the family. 
 
 e. The chance of success or advancement. 
 
 f. Local or trade traditions. 
 
 You will observe that I have eliminated " The number of 
 workers available," as I do not believe that any reputable con- 
 cern in this section is in the habit of taking advantages of its 
 employees and lowering wages in time of business depression. I 
 know of a number of large concerns who realized that the cost of 
 living had not decreased materially after the panic of 1907, and 
 continued to pay the same wages that they were paying prior to 
 that time; nor do I believe that organization of employers and 
 workers has had any appreciable effect on the rate of wages in 
 the middle west The high cost of living has resulted in increase 
 of wages, undoubtedly, because of the fact that competition for 
 the services of labor has been keen, and it has been necessary to 
 increase wages to meet the higher cost of living in order to keep 
 full crews. 
 
 Robert R, Taylor 
 
 a. Organization of workers. 
 
 b. Organization of employers. 
 
 c. Demand and supply of products (not on your list). 
 
 d. Number of workers available. 
 
 e. Local or trade traditions. 
 
 f. Regularity of work. 
 
 g. Danger or difficulty of the occupation, 
 h. The size of the profits. 
 
 i. The efficiency of the workers, 
 j. -Chance of success or advancement, 
 k. The mode or standard of living. 
 1. The needs of the individual or family, 
 m. The need of pin money workers. 
 
 I look on the organization of the wage earners and the employers 
 as of first importance. The matter of organization has been so 
 often discussed that there is not much that is new that I could 
 
 QUESTIONAIRE ON WaOE PeOBLEM 
 
 475 
 
 add, but in the building trades, where my work is and has been, 
 the importance could hardly be overestimated. I was living in a 
 certain city where I did much of the constructive work in a large 
 architect's office and saw one trade union practically tie up build- 
 ing operations because a man wanted to put his own son in his 
 own shop and the union objected as his son's name came on the 
 apprentice list, but below that of other boys, and the union said 
 his boy must wait his turn. I could cite numerous cases which 
 have come under my observation showing what a power it is. 
 
 It may be surprising to note that I put efficiency so low in the 
 list, but I feel pretty strongly that, except in piece work, the 
 efficiency of the workman, however much may be said about it, is 
 not as productive of increased pay as many believe. 
 
 A larger total wage may result because of increased length of 
 employment, but rarely have I seen a wage paid which corre- 
 sponds to the ratio of increased efficiency, that is, if one man does 
 one-third more work than another, he rarely if ever receives 
 one-third more in wages. There may be a slight increase or de- 
 crease in wages, but not in proportion to the increased or decreased 
 amount of work done. There is usually a current rate of wage 
 for workers in different industries in a locality, and very little is 
 paid above that wage. It might be noted that where the piece 
 system of pay is employed, often there is a sliding scale of wages, 
 and usually some regulation of the maximum wage which can be 
 earned. Probably laborers on railroad building in certain sections 
 of the country may be an exertion. Usually recruited from the 
 less intelligent and least ambitious, and isolated largely because 
 of die character of their work, there is not the organization or 
 leadership that obtain in other lines of industry. 
 
 H, K. Thomas 
 
 a. Efficiency of the worker. 
 
 b. Regularity of the work. 
 
 c Danger and difficulty of the occupation, 
 d. Local or trade traditions. 
 
 The other factors suggested have not, in my experience, in- 
 fluenced the matter. 
 
i 
 
 476 
 
 Appendix III 
 
 W. H. Thompson 
 
 Earnest insistence is the chief factor in ihe determination of 
 wages. Organization and concerted action of workers have 
 brought about many advantages to workmen, and are about the 
 only successful means for attaining such ends. The number of 
 workers may occasionally have a bearing upon the amount of wages 
 paid, but only a slight one. I have worked on short-handed 
 switching crews a month at a time, saving the company a man's 
 pay, without any additional pay. 
 
 QUESTIONAIBE ON WaGE PbOBLEM 
 
 477 
 
 A. C, Vandiver 
 
 a. 
 
 Number of workers available. 
 
 b. Regularity of the work. 
 
 c. Organization of the workers. 
 
 d. Danger and difficulty of the occupation. 
 
 e. Organization of employers. 
 
 f. Local or trade conditions. 
 
 g. Efficiency of the worker, 
 h. Size of profits. 
 
 i. Chance of success or advancement, 
 j. Mode or standard of living, 
 k. Needs of pin money workers. 
 1. Needs of the individual or of the family. 
 
 0. J. Weeks 
 
 The factor determining the rate of wages is the efficiency of 
 the employee. Help can be hired at all prices, but where good 
 help is essential, a good wage must be paid. The cheaper class of 
 help seems to be a listless lot, who float around from place to place, 
 evidently not caring whether they work or not, some of them prid- 
 ing themselves upon their independence in not taking orders from 
 their superiors. 
 
 William L, West 
 
 a. The efficiency of the worker. 
 
 b. The cost of living in the community in which the worker is 
 
 employed. 
 
 c. The number of workers available. 
 
 d. The regularity of the work, 
 f. The size of the profits. 
 
 As an example of the second factor I would cite the rate of 
 wages in New York City, where employers are compelled to pay 
 more for the same class of work than in the towns of smaller 
 size. 
 
 The needs of the family are not a factor to any considerable 
 extent in the rate of wages, though occasionally, out of a feeling 
 of sympathy, an employer pays a workman more out of considera- 
 tion for his needs. 
 
 The regularity of work is quite a factor in determining the rate 
 of wages. Workers are, as a rule, glad to work for a smaller 
 wage if employed continually throughout the year than they are 
 willing to accept at occupations which are irregular. The organi- 
 zation of employers is litle if any factor in the rate of wages. 
 
 The organization of workers, has, undoubtedly, increased wages 
 in a number of cases. While this is undoubtedly a desirable thing 
 from the point of view of the workers who receive the wages, it has 
 the effect of diminishing the purchasing power of wages in almost 
 all other occupations. To illustrate : the high wages now received 
 by all connected with the building trade has increased the cost of 
 building to such an extent that much higher rents must now be 
 paid for the same class of buildings than prevailed a few years 
 ago. Ab a result, it is becoming increasingly difficult for a family 
 whose earnings are not large, to live in a detached housa High 
 rents, caused by high wages of mechanics, are steadily driving the 
 inhabitants of large cities to live in smaller and smaller quarters 
 and depriving them of light and air to a much greater extent than 
 formerly. 
 
 Ansley Wilcox 
 The great determinant is to be found in the law of supply and 
 demand. Each of the factors mentioned to some extent modifies 
 the operation of the law of supply and demand, but only in a 
 minor way. By far the most important is the organization of 
 employees, which sometimes produces a forcible disarrangement 
 of conditions, but tends generally to produce more healthy changes 
 in the conditions of supply and demand. 
 
478 
 
 Appendix III 
 
 Momay Williams 
 
 It is impossible to indicate the importance of the various factors 
 enumerated. For instance, in the case of trades or employments 
 requiring very special preparation and skill, " the eflSciency of 
 the worker " is, of course, one of tiie most important in determin- 
 ing the rate of wages. But where far less skill is required and 
 there are large numbers of workers employed, the efficiency of the 
 particular worker sinks greatly as a dominating factor in deter- 
 mining the rate of wages. The same is true of " the danger and 
 difficulty of the occupation." In such trades as that of caisson 
 workers the rate of wages is almost exclusively dependent on the 
 danger of the occupation. But in trades where there is great 
 danger from other causes, as from the bad air and bad sanitation 
 of sweat shops, the danger of the occupation does not enter as a 
 factor in fixing wages. For the great majority of wage workers, 
 the " organization of the workers " is perhaps the chief factor in 
 determining the high rate of wages, while the " organization of 
 employers " is one of the chief factors in reducing wages. 
 
 In particular employments, " the regularity of the work " and 
 " local or trade conditions " will greatly affect the rates of wages. 
 " The mode or standard of living " or the worker will apply to 
 the lower paid and less skilled workers. Something of the same 
 kind is true in the case of the needs of the individuals or of the 
 family in small commnnities rather than in large cities. 
 
 The needs of pin-mcmey workers would chiefly affect women 
 workers in such employments as have become very popular with 
 them. It is not a large element in any other employment. The 
 chance of success or advancement enters as a determining factor 
 only in the higher ranks of workers and employments. Among 
 the great mass of workers organization is a more important element 
 in fixing the rate of wages tlian chance of advancement. 
 
 QUESTIONAIRE ON WaOE PrOBLEM 
 
 I 
 
 479 
 
 Question No. 2 
 Do you believe that wages as determined by these factors tend 
 generaUy to equal what is desirable and practicable from the point 
 of view of society as a whole ? 
 
 D, B, Armstrong 
 The answer is obviously '' no." There is decidedly too great a 
 difference between what all admit to be the necessary amount for 
 self-respecting family maintenance and the average income of the 
 great majority of families. 
 
 0. L, Amer 
 Emphatically no. 
 
 Selden Bacon 
 
 Your second question seems to me to mix up two totally different 
 things: (1) what is desirable, and (2) what is practicable. It is 
 desirable that every laborer should have a large wage ; that is not 
 practicable, because the increase of wage in any line tends to 
 increase of cost of the product of that line to all consumers. What 
 is practicable is a totally different proposition. What is prac- 
 ticable from one point of view becomes impracticable from an- 
 other ; but viewing your question in a more popular light it may 
 mean what better system can be devised, and that is a problem 
 of the utmost complexity, and where socialistic remedies which 
 seem to help are very apt to hinder in other directions. It seems 
 sometimes as though a minim um wage would be a great advantage 
 to a certain type of employees, but those who advocate that solution 
 seem to forget that a minimum wage law, actually enforced, means 
 that the wage^amer whose efficiency is not sufficient to produce 
 a product that wiU give that wage wiU not be employed, so that the 
 seeming remedy is worse than the disease it was sought to cure. 
 The same effect follows not infrequently on the efforts of labor 
 unions to make an artificial minimum waga 
 
 I can only hope that your commission in studying this subject 
 will use the utmost care in analyzing its questions, so as to get the 
 precise question framed and separated from other el^nents which 
 do not p]X)perly enter into the question. 
 
480 
 
 Appendix III 
 
 
 i 
 
 L. Bamet 
 Yes, if considered over long periods. There can be no doubt, 
 however, that taking small segments of time it would be difficult 
 to demonstrate the truth of this statement. It is beyond con- 
 tradiction that the condition of the wage worker has continually 
 improved from the time when industry outside of the homes was 
 first introduced. With the increasing attention which is being 
 given to the living conditions of the wage-earners, they would tend 
 in the long run to approximate what is desirable and practicable 
 socially. 
 
 Oertrude Bamum 
 
 No. 
 
 George Gordon Battle 
 
 Wages as determined by these factors tend generally to equal 
 what is desirable and practicable from the point of view of society 
 as a whole. But this tendency has not yet reached the full extent 
 to which it should go. In other words, I believe that the tendency 
 of the condition referred to is to do justice to employees, but so 
 far that condition is not fully developed. There is still far too 
 great a disproportion between the rewards that come to the em- 
 ploying class and those which come to the employed class. This 
 disproportion is growing less, but there is still much room for 
 improvement. 
 
 Emma B, Beard 
 No. 
 
 • Holmes BecJcwith 
 Yes, in the sense that more often than not the wages are approxi- 
 mately just ; no, in the sense that there are many grave injustices 
 indeed, which should be righted so far as may be, and that society 
 should strive earnestly to raise efficiency all around, as by foster- 
 ing and supporting more and better industrial education for the 
 masses. 
 
 Roy G. BlaJcey 
 Wages tend to approximate what is practicable among well- 
 organized and intelligently directed labor unions, especially in the 
 skilled trades, where such unions are most feasible; also, in a 
 great many other industries, in many cases where there is free 
 
 QUESTIONAIRE ON WaGE PeOBLEM 
 
 481 
 
 competition among employers and where labor is mobile, can 
 change easily where conditions are not satisfactory. It is possible 
 in some cases to extort more than reasonable wages from employers, 
 where labor unions are very strong and employer has much to lose 
 from idle plant or violence, but if persisted in this puts the em- 
 ployer out of business in time. 
 
 Henry L, Caiman 
 
 Wages determined by the above factors result in practical jus- 
 tice as a rule. 
 
 Victor 8. Clarh 
 I should say, in a general way, yes, that wages tend to what 
 is practicable. They do not attain that, but constantly approach it. 
 
 Miles M, Dawson 
 In the absence of organization of workmen there is a definite 
 tendency toward the lowest living wage without regard to what 
 is desirable or practicable from the point of view of society as a 
 whole. 
 
 Carroll W. Doten 
 In general in regard to questions 2 and 3, I may say that I 
 believe laborers have never received as large a share of the product 
 of industries as they ought to have received. How this social 
 injustice can be remedied is a question which I am not prepared 
 to answer; the solution will come gradually and I do not believe 
 it can be brought about by any single agency, whether govern- 
 mental or other. 
 
 Elizabeth Butcher 
 For data, see Mr. Scott hearing's figures on American wages, 
 and their relation to efficient living. (One-half the workers of 
 this country do not earn $600 a year.) 
 
 Similarly, the N. Y. Association for Improving Condition of 
 the Poor showed (1909) that 45 per cent, of the heads of families 
 (men and women) in New York receive less than $600 a year. 
 Required to maintain "efficiency," $900. 
 Vol, I — 1« 
 
482 
 
 > 
 I, 
 
 Appendix III 
 Geo. Eastman 
 
 ■^ j« 
 
 Yes. 
 
 Sarah Elhua 
 I believe that wages as determined by these factors tend gen- 
 erally to equal what is desirable and practicable from the point 
 of view of society as a whole. 
 
 C, E. Qardiner 
 We do not think the results attained satisfactory from any 
 point of view, and we believe they might be made more desirable. 
 
 W. A. Carrigues 
 We believe generally that wages should be and are determined 
 by the factors we have indicated. We are answering this ques- 
 tion from the standpoint of a practical business policy as well as 
 from the standpoint of philanthropy. 
 
 Bolton Hall 
 I don't believe that wages as determined by these factors tend 
 generally to equal what is desirable and practicable from the point 
 of view of society as a whole, and I doubt if anybody else does. 
 
 W. R. Heath 
 No. Confining the consideration to the wage problem only, 
 we have the trinity of interest, the employer who is not willing to 
 do as much as he ought, the employee who is not willing to do as 
 much as he ought, and " society as a whole " which is not willing 
 to do anything at all. Society as a whole wishes society per- 
 petuated but does not endeavor to equalize the burden of such 
 perpetuation by exacting contribution from those who do not pro- 
 duce or help bear the burden of those who contribute more than 
 their share. Society as a whole wishes society to be self-support- 
 ing, but it does less than its share in making society capable of 
 self-support. Society as a whole wishes society cared for, but 
 has failed utterly in taking care of its own derelicts in a sane and 
 proper way. Society as a whole is not doing its share in the 
 careful consideration of ways and means to promote and preserve 
 
 QUESTIONAIKE ON WaGE PrOBLEM 
 
 483 
 
 ^ 
 
 moral, intellectual and physical health of society. Society as a 
 whole has shown considerable interest in society with reference 
 to its hours of labor, its healthful workshop, its safe workroom, 
 its proper compensation for labor, its compensation for mis- 
 fortune, but society as a whole has shown little or no interest in 
 society's other sixteen hours — where it shall sleep, where it shall 
 be housed, what is shall eat and drink, where it shall recreate, 
 how it shall keep its health, etc. The danger at this time is not 
 so much in the eight hours of labor as in the sixteen hours of rest. 
 Low efficiency now is not due to labor in most instances, but is 
 due to so-called rest and recreation. High cost of living in no 
 small part is due to low efficiency. Low efficiency is almost en- 
 tirely due to improper living during the sixteen hours of non- 
 employment, and in this society as a whole should interest itself. 
 Carrying this idea one step farther, industry if it is to prosper 
 cannot support inefficiency, indolence and incapacity. It can- 
 not pay for the accidents it does not produce, nor support those 
 who have become sick and maimed in traveling along the pathway 
 of pleasure and license. We favor a full day of rest for every six 
 consecutive days of labor, knowing our lowest efficiency and 
 highest accident record is on the day following this day of rest 
 and the day following the holiday, and this problem we turn over 
 to society as a whole. 
 
 And again, if society as a whole is to be perpetuated, society 
 as a whole must furnish to every man in jail or out of jail em- 
 ployment suited to his abilities, for which he shall receive reason- 
 able pay, which pay shall first go toward the support of himself 
 and those for whom he is responsible, the distribution to be made 
 by the worker's own voluntary act if capable, and by the act of 
 society as a whole if incapable. No man should be deprived of 
 the right of work merely because he has for the time being sacri- 
 fised his right of freedom of movement in society. 
 
 These are problems for society as a whole, and are not prob- 
 lenas for the industry. The industry pays for services performed, 
 society as a whole furnishes employment to those who would not 
 otherwise have it, some of which will be performed voluntarily 
 and other involuntarily. 
 
484 
 
 Appendix III 
 
 Leo Hirschfeld 
 
 Yes. 
 
 F. Lincoln Huichins 
 
 In a condition of equal opportunity the natural law must bring 
 best results, as man has not yet been able to improve on nature's 
 laws or to avoid the penalty for disobeying them. In a community 
 where every worker has free opportunity no poverty can be 
 chronic except that due to failure of natural crops or introduction 
 of epidemics. This free opportunity is impossible unless the 
 worker has free access to the land and implements of production. 
 
 Where such free opportunity is denied by special property 
 rights, it is inevitable that parties holding such rights will levy 
 tribute before permitting the worker to produce. Hence present 
 average wages cannot be just, and what is unjust is neither desir- 
 able nor (in the long run) practicable. It leads to just such 
 labor disturbances as those with which the present day is troubled. 
 
 Alvin S. Johnson 
 
 1 do not believe that wages, as determined by the factors given, 
 are equal to what is desirable and practicable. In the present 
 condition of society, low wages in the present produce the in- 
 efficiency which make low wages in the future inevitable. There 
 are many trades that yield wages sufficient for efficiency; here, 
 I should say, the factors above mentioned might be left to work 
 out their own result. 
 
 E. M. Keator 
 
 1 believe that the wages as determined by these factors tend 
 generally to equal what is practicable from the point of view of 
 society; but not what is desirable. It is very difficult to satisfy 
 desire permanently, and any wage legislation based on such a 
 theory would result in chaos. Wages would be automatically in- 
 creased by every succeeding legislature. 
 
 B, C. Kemmerer 
 
 Yes. 
 
 WUford I. King 
 Not desirable, bat practicable. 
 
 QUESTIONAIBE ON WaGE PrOBLEM 
 
 485 
 
 George J. Kraft 
 
 The fact that one man has worked as foreman in my factory 
 for fifty-four years, his father and his older brother holding the 
 same position before him; that my present foreman has worked 
 for me twenty-four years, working his way up from the lowest 
 position ; that I have now in my employ one " girl " that has 
 worked for me for nearly thirty years, another for twenty-six years 
 and others for shorter (but still long) time; that I have had in 
 my workshop many whose mothers formerly worked for me, would 
 seem to indicate that they were pretty well satisfied with their 
 work, with their surroundings and their pay. 
 
 H. P. Lansdale 
 
 Too little attention, to my mind, is being given to the needs 
 of the individual and of the family; and yet I do not see any 
 solution to the proposition; and I am further convinced that in 
 some way the workers should share in the profits, as I am a be- 
 liever in co-operative business. 
 
 D, D, Leschoier 
 
 T do not believe that wages as determined by these factors tend 
 generally to equal what is desirable and practicable from the 
 point of view of society as a whole, for the following reasons: 
 First, price changes, which make it impossible for the worker 
 to continue to meet his necessary cost of living or his desired 
 standard of living at the wage rates which were current at the 
 time when the price changes began, do not register themselves 
 quickly in a corresponding increase of wages. We have been in 
 a period of rapidly rising prices since 1898, but even at the 
 present time wages are not showing any tendency to rise as 
 rapidly as prices have been doing; so that our workers appear to 
 l)e worse off as far as meeting their costs of living is concerned at 
 the present time than they were in 1900. Wages ought to be de- 
 termined by some force which would keep a reasonable balance 
 Iwtween what we might call a normal standard of living and the 
 existing wage rates. The resistance of older wage standards to 
 any new forces which tend to raise wages, and the greater ad- 
 vantage of the employer in the wage bargain, tend to prevent this 
 
\ 
 
 '4 
 
 486 
 
 Appendix HI 
 
 readjustment wliich the best interests of the workers and of 
 society require. 
 
 WUliam H, Lough 
 
 Wages are about as high on the average as is now possible. 
 Two factors which have been at work for generations and which 
 will continue to work indefinitely tend to increase " productivity " 
 and thereby raise wages. The first factor is an increase in the 
 average efficiency of the individual workers due to better education 
 and better standards of living; the second factor is an increase 
 in the " productivity " of capital due to inventions and improve- 
 ments. The laborer, as well as the owner of the capital, is bound 
 to profit by this second factor. 
 
 It is highly desirable, in my opinion, that wages should be in- 
 creased all along the line. I can see no possible way of bringing 
 about this increase except through the working of the two factors 
 just mentioned. 
 
 Benjamin C, Marsh 
 
 It seems to me self-evident that wages as determined by the 
 factors you have enumerated do not equal what is desirable and 
 practicable from the point of view of society as a whole. Obviously 
 the only real question is whether the wages are just and are suf- 
 ficient to enable the family to maintain a minimum standard of 
 national efficiency of the country, which includes enough to sup- 
 port the members of the family dependent when the working days 
 are over. 
 
 Most of the unskilled wage earners, not engaged in government 
 work, secure less than the minimum wage on any fair standard of 
 living. Unfortunately in the city of New York, until recently, if 
 not at present, many municipal employees, especially per diem 
 employees, received less than the wages required to maintain a 
 national standard of efficiency. 
 
 David A, McCahe 
 
 Wages as now determined are in many cases below what is desir- 
 able and practicable from the standpoint of society as a whole ; I 
 refer not to individual cases but to the normal rates for workers 
 of average efficiency in many occupations or sub-occupations. 
 
 QUESTIONAIBE ON WaGE PbOBLEM 
 
 487 
 
 Oeo. A, McKinlock 
 Yes, in general. 
 
 Henry T, Noyes 
 
 In general, wages, as determined by these factors, tend to equal 
 what is desirable and practicable from the point of view of society 
 as a whole. 
 
 Almiis Olper 
 
 1 do not believe that wages, as determined by these factors, tend 
 generally to equal what is desirable and practicable from the 
 point of view of society and as a whole, for the reason that neither 
 the employer or the employee take this question into consideration, 
 except as the employee demands a higher wage in order to elevate 
 the standard of living of his family. However, on the whole, 
 little consideration is given the attainment of this end, and such 
 instances as have come to my attention have been almost invariably 
 brought about by other means. 
 
 Alfred E. Ommen 
 
 In general, yes, but there are doubtless many exceptions, 
 especially if the course of years is not taken into account. It is 
 believed that the business man knows best how to regulate his busi- 
 ness and just how much he can aiford to pay the workmen, and 
 that the workmen should rather work with the employer than for 
 him. Those who legislate on this question know very little of the 
 industries affected by this legislation. 
 
 Edward D. Page 
 
 Wages are, of course, adjustments of the lives of individuals to 
 the needs of society as expressed in its social and economic condi- 
 tions ; and they are, therefore, what is desirable and practical from 
 the social point of view. 
 
 Maurice Parmelee 
 
 These factors have not as yet made wages in general as high 
 as they should be on broad social grounds. Whether or riot these 
 factors alone will make them sufficiently high in the future it is 
 

 488 
 
 Appendix III 
 
 difficult to saj. The organization of the workers may succeed in 
 doing so. 
 
 Raymond V. Phelan 
 
 Wages as now determined do not tend generally to promote what 
 is desirable and possibly practicable, from the view point of 
 society. 
 
 E. M, Sergeant 
 
 There is no doubt that wages do not tend in general to equal 
 what is desirable from the point of view of society as a whole. 
 Whether it is practicable to modify this condition by the intro- 
 duction of artificial conditions or regulations, appears to me ex- 
 tremely doubtful. 
 
 B. F. Steele 
 
 I believe that wages as determined by these factors tend gen- 
 erally to equal what is desirable and practicable from the point of 
 view of society as a whole ; but I further believe that it is wise to 
 establish a minimum wage for women and minors, and I am not 
 particularly partial to the employment of minors, except under 
 very strict laws. 
 
 H, K. Thomas 
 
 Generally speaking, yes ; but this does not apply to the profes- 
 sional classes. 
 
 W, H. Thompson 
 
 As a whole, no ; they are very short of an equitable distribution 
 of what the workers produce. Hence the large calls upon charity 
 to overcome destitution. 
 
 QuBSTIONAIBE ON WAOfi t^ROBLEM 
 
 4^9 
 
 Ansley Wilcox 
 
 Wages, as at present existing, are not equal to what is desirable ; 
 but I do think that in most cases they equal what is practicable ; 
 and I think that they " tend generally " to equal what is both de- 
 sirable and practicable, from the point of view of society as a 
 whole. This is a strong and permanent tendency. 
 
 Momay Williams 
 
 All of the factors mentioned have not so far operated to equal 
 what is desirable and, I believe, practicable from the point of 
 view of society as a whole. 
 
 Almuth C, Vandiver 
 
 I do not believe that the wages as determined by these factors 
 tend generally to equal what is desirable and practicable from 
 the point of view of society as a whole, except in so far as the 
 rates of wages are determined by the efficiency of the worker, the 
 danger and difficulty of the occupation, the regularity of the work, 
 the chance of success and advancement and the size of the profits. 
 
4d0 
 
 App£NDnc tit 
 
 
 i> 
 
 Question No. 3 
 
 If you believe number 2 to be true in general, are there any 
 particular industries or groups of workers that for special rea- 
 sons are an exception to it? If so, mention any such and state 
 why they are exceptional. 
 
 Emtna B, Beard 
 Certain trades with strong unions are exceptions. 
 
 L. Bamet 
 With the exception of the necessary regulation of labor for 
 children, and the proper control of the hours of labor for women, 
 there are no particular industries or groups of workers for whom 
 special legislation is necedsary. 
 
 George Gordon Battle 
 
 The particular industries or groups of workers that are, for 
 special reasons, an exception to the rule that wages tend generally 
 towards justice, are the unskilled and the unorganized. The un- 
 skilled do not get adequate wages because of their numbers and 
 excessive helplessness. If they are unskilled, they are apt to be 
 unorganized. Even if they are unskilled, they will get better 
 justice if organized. If neither skilled nor organized, their 
 condition is the worst of all. 
 
 Holmes Beckwith 
 
 There are groups, such as the garment workers in New York 
 City, on the whole technically and economically inefficient, whose 
 inefficiency results in low wages and is lamentable. Strictly, 
 their low wage is just, unless we inquire as to the deep-lying 
 causes of their inefficiency. That it is just, if so, is no sufficient 
 reason for the State not to interfere. Often, however, the ignor- 
 ance of these workers and others similarly situated (the sweated 
 and tenement occupations) results in their being paid less than 
 their services are worth. 
 
 QUESTIOXAIRE ON WaGE PrOBLEM 
 
 491 
 
 Roy G. Blakey 
 
 Unorganized groups of laborers or individual laborers are apt 
 to get less than they should if employers organize to pay as low 
 wages as possible or have a tacit understanding to the same effect, 
 or if single employers employ large numbers (for in the latter 
 case the one employer is a combination in himself, to some ex- 
 tent). Women and children are less mobile, less free to move 
 about to take advantage of better wages and better conditions 
 than are men, their unions are generally less permanent and suo- 
 cessful and to that degree they form a separate class needing 
 special protection at the hands of organized society. The more 
 ignorant and unskilled men are, the less they know of the pos- 
 sibilities of organization, the more true this is of women also. 
 
 Charles L. Chute 
 In industry under-payment of wage earners is general. Where 
 labor is unskilled and ignorant, and large numbers are employed, 
 wages are exceptionally low. 
 
 MUes M. Dawson 
 There are particular industries or groups of workers which are 
 exceptional in that, owing to want of organization and to the 
 large proportion of women or children who enter them, the ten- 
 dency toward the lowest living wage — or even below the lowest 
 living wage — is irresistible. The tendency to the lowest living 
 wage which exists in the absence of organization of workmen even 
 though there were no other exceptional circumstances but the 
 competition of children and of women who live at home and are 
 partly supported by parents or others or who contribute only 
 partly to the support of a family makes all such industries ex- 
 ceptional, and in the absence of minimum wage legislation or of 
 organization of workmen (which is in such cases exceedingly dif- 
 ficult, and perhaps as regards thorough organization, impossible) 
 the lowest wages in such businesses are likely to be under the 
 lowest wage at which the worker could live independently. 
 Among such industries are the department stores. All indus- 
 tries into which women enter in large numbers or in which the 
 labor of children is largely employed, fall, so far as I am aware, 
 within this class. 
 
492 
 
 Appendix III 
 
 QUESTIONAIBE ON WaGE PeOBLEM 
 
 493 
 
 
 ip 
 
 i 
 
 i 
 
 C. E, Gardiner 
 
 We do not believe number 2 to be true, but the unsatisfactory 
 character of the results varies in degree, and may demand vary- 
 ing treatment. 
 
 W. A, Garrigues 
 We believe that wages in the building trades are generally 
 greater than the value of the service rendered, due to the in- 
 fluence of trades unions in the past. The excess paid is a tax to 
 which the workers themselves contribute in increased cost of liv- 
 ing. 
 
 F. E, Gilson 
 Any industry which employs persons who for lack of oppor- 
 tunity to do better are bound to remain in the industry, should 
 pay a living wage to the experienced people therein. Appren- 
 tices in all industries must expect to receive lower wages and in 
 some instances, perhaps, even pay for their instructions. 
 
 Bolton Hall 
 Conditions are exceptionally bad in occupations where the op- 
 portunities are monopolized, as in mines. 
 
 Mary Alden Hopkins 
 The untruth of 2 is clearly shown in the case of widows sup- 
 porting children, and daughters supporting parents. 
 
 Howard C, Hopson 
 In some particular industries or groups of workers these fac- 
 tors do not produce a result that is for the good of the particular 
 workers or society as a whole resulting from undue predomin- 
 ance being given to certain of them. For example, in some in- 
 dustries the profits of the business are so small that it is impos- 
 sible for the employers to pay a proper wage, owing to competi- 
 tion, the gradual abandonment of use of the product, or some- 
 thing of that sort. In some occupations the perversion of the 
 
 proper purpose of the organization of the workers has gone to- 
 ward limiting production, either by shortening the hours of work 
 below what is desired by the workers themselves or below what 
 they can reasonably accomplish. For example, on large contract 
 works being performed away from the centers of population or 
 by a transient class of labor, the laborers would much prefer to 
 work longer than seven or eight hours and receive a proportion- 
 ately greater compensation ; yet laws in some states prohibit their 
 working beyond the specified length of time, and they are com- 
 pelled to spend the remainder of the time in idleness and pos- 
 sibly in undesirable environments which might have a tendency 
 to prevent the formation of habits of thrift and encourage them 
 to become dissolute and eventually a charge upon the community. 
 The undue emphasis of any factor which discourages initiative 
 and efficiency on the part of the individual worker is bad for 
 society. 
 
 Alvin S, Johnson 
 The industries most likely to be found paying wages too low 
 for social advantages are (1) those employing chiefly unskilled 
 immigrant labor; (2) those employing chiefly women and girls. 
 In both cases there is no definite minimum limit to the wage con- 
 tract. Competition between employers is apt to take the form of 
 seeking cheaper labor. The needle trades furnish examples; 
 also, laundries, bakeries, etc. 
 
 WUford 1. King 
 
 Strongly organized labor gets monopoly rates at expense of 
 other workers. 
 
 D, D, Lescohier 
 The more weak or ignorant a group of workers is, or the more 
 the supply of labor in every industry is in excess of the demand 
 for labor, the greater is the tendency for the wage rate to remain 
 Stagnant and to fail to readjust itself to changing needs. 
 
494 
 
 Appendix III 
 
 1 I 
 I ' 
 
 William H, Lough 
 
 Ccrtaiu industries, such as coal mining and certain phases of 
 clothing manufacture, have from the nature of their work at- 
 tracted groups of workers of exceptionally low efficiency. In 
 some of these cases I am inclined to think that employers have 
 shown lack of intelligence and foresight in failing to use modern 
 methods of production and in failing to provide proper incentives 
 and facilities for developing the efficiency of their workers. In 
 industries of this class there may be exceptional conditions that 
 are dangerous to the whole country and that require exceptional 
 action. 
 
 Alfred E, Ommen 
 
 The railroads and other public utilities might possibly be regu- 
 lated by legislation, but it should be National regulation and not 
 State regulation. 
 
 Edward D, Page 
 
 There are, doubtless, industries and groups of workers that are 
 an exception to number 2. They are, however, those wherein 
 the adjustment of the worker to social and economic conditions 
 is imperfect; and in such instances there is a constant tendency 
 to a better adjustment. I may add that there are no absolutely 
 perfect adjustments anywhere in nature or life; they are all 
 approximations. Also, that adjustments tend to become imper- 
 fect as conditions change. 
 
 Maurice Parmelee 
 
 A few of the most highly organized trades may seem to be 
 exceptions. However, even this is doubtful for these trades, to 
 say the least, tend to force up the wages in other trades by set- 
 ting a higher standard. 
 
 H, K, Thomas 
 I do not consider that any industrial workers are exceptions 
 to number 2. 
 
 II'. //. Thompson 
 
 There are no specially favored groups; corporations see to it 
 that all are exploited in about the same manner. 
 
 QUESTIONAIRE ON WaOE PrOBLEM 
 
 495 
 
 Question No. 4 
 
 If you believe present wages in general or for any particular 
 groups of workers are inadequate, how can they be raised? 
 
 a. By governmental action? 
 
 b. By what other agency and how? 
 
 D, B, Armstrong 
 I believe that wages can be raised best by governmental action. 
 
 G. L. Amer, 
 
 Governmental action can do something but the real solution 
 is in the hands of the workers themselves. 
 
 Lloyd V, Ballard 
 By governmental action. 
 
 L. Bamet 
 
 There are, no doubt, particular groups of workers whose wages 
 in general are not adequate. The best method for raising wages 
 in these groups, is, in part, by improved training during school 
 years, and vocational training after work has begun. Such train- 
 ing should not be merely on rudimentary subjects and of a voca- 
 tional nature, but should also include developing of character, 
 which would emphasize the importance of application and 
 thoroughness. 
 
 Gertrude Bamum 
 
 a. Minimum wage law with minimum to be decided by Mini- 
 
 mum Wage Boards, (compulsory clause). 
 
 b. Organization in trade unions. 
 
 c. Organization of consumers. 
 
 George Gordon Battle 
 Wages should be raised: 
 
 a. By organization among the workers, and 
 
 b. By greater liberality and generosity on the part of the em- 
 
 ployers which will come chiefly through the pressure of 
 public opinion as enlightment increases. Governmental 
 action is practicable, but it must be exercised with great 
 care and after careful investigation. 
 
496 
 
 Appendix III 
 
 ■ 
 
 in 
 
 Emma B. Beard 
 
 By governmental action. The Consumers' Leagues, after a 
 careful study of industrial conditions for nearly a quarter of a 
 century, have decided that minimum wage legislation is the best 
 means for assuring to the workers a living wage. In the indus- 
 tries where this is most needed it seems the only way. 
 
 Holmes Beckwith 
 
 Wages cannot, in any appreciable degree, be raised directly 
 by government or other agency. A man cannot be made to pay 
 more than the services bought are worth. They can be raised by 
 increasing the mobility of labor, as by free public employment 
 agencies which are really efficient, and state and national agen- 
 cies to organize these; by railroad rates which stimulate move- 
 ment of workers in response to demand, etc. More important 
 even than these activities, they can be raised on a large scale by 
 widespread and practical vocational training at public expense 
 for the 95 per cent of our workers who at present have practically 
 no such training outside of their places of work. Such training 
 should include industrial, commercial, home economics, and agri- 
 cultural subjects. (See recommendations in my report on (Ger- 
 man Industrial Education, published by the Federal Bureau of 
 Education.) 
 
 Roy G, Blakey 
 The government can do some things, other agencies some 
 things : the test in each case as to whether it shall be the govern- 
 ment or some other agency is, Which will achieve the best re- 
 sults ? In case chances seem about evenly divided, the presump- 
 tion should be against government action. In many cases co- 
 operation between voluntary organizations such as labor unions 
 and governmental agencies is more effective than for either to go 
 it alone. For example, co-operation is desirable in unemploy- 
 ment insurance and other forms of workmen's insurance; also, in 
 the settlement of labor disputes and in the promoting of harmony 
 ^d the prevention of causes of serious labor difficulties arising. 
 
 QUESTIONAIRE ON WaOE PrOBLEM 
 
 497 
 
 E, W, Bloomingdale 
 
 I believe that the present wage for some classes of workers is 
 inadequate and that they can be raised by governmental action, 
 but not by the method contemplated in the questionnaire. 
 
 If the government is to act in the matter, its effort should be 
 in the direction of making and sending out into the world of 
 business better equipped and more competent workers, so that 
 the ascent of the lower rungs of the industrial ladder will be both 
 more certain and more rapid. 
 
 Governmental action in fixing the rates of wages in private 
 employment is, in my opinion, impracticable unless the state can 
 first succeed in fixing a standard of capability and efficiency. 
 
 The state has not the right to fix upon a standard of living 
 for the employe and then require the employer to pay from his 
 private means the difference between the money value to him of 
 the employe's services and the standard so fixed upon. 
 
 If the state is to be paternal, let it assume the responsibilities 
 of parenthood and pay the deficiency in the earning power of 
 the children out of its own pocket, which means that if the needs 
 of the individual are to be the determining factor in fixing wages 
 — instead of the value of services rendered — then let the people 
 of the state, if the}' want such a law, pay to the lazy, the incom- 
 petent and the sub-standard, the difference between what they 
 are able to earn and the amount necessary to enable them to live 
 as well as their more capable, more energetic and more alert 
 co-workers. 
 
 Then let them go a step further and fix a standard of living 
 for lawyers, doctors, ministers, college professors and the like, 
 and pass laws that will insure all of these a sufficient income to 
 maintain the standard. The State of New York today has hun- 
 dreds of employees, from the Governor down, to whom it is pay- 
 ing an insufficient wage to enable them to live, independently of 
 private means, in the manner which the dignity of their positions 
 demand. 
 
 Edward M, Brewer 
 
 So far as present wages in general or for any particular group 
 of workers are inadequate, I am opposed to their being raised by 
 govenunental action* I firmly believe that it is best to leave all 
 
 I 
 
I 
 
 i 
 
 498 
 
 Appendix III 
 
 t ^ 
 
 : 
 
 4i 
 
 questions as to wages to be adjusted by the workers directly with 
 the employers. But I am in favor of the appointment of boards 
 of officials whose duty it shall be, when called upon, to consider all 
 such questions and with the approval and consent of both employers 
 and workers to arbitrate thereon. 
 
 Edgar D. Brinkerhojf 
 
 Wages in general can not be raised by governmental action. Any 
 attempt of this nature is sure to depress wages. All the depression 
 of wages we see and all the low wages we have seen for a hundred 
 years are due to governmental attempts to regulate business. For 
 wages to be raised, profits must be of a larger size. For profits to 
 be larger, business must be better organized, and industry must be 
 made more efficient. 
 
 J. L, Burritt 
 
 Governmental action cannot ultimately increase the rate of 
 wages. The only thing that can finally increase the rate of wages 
 would be a better industrial condition particularly as applying to 
 the profits of the manufacturers. With better profits manufac- 
 turers must necessarily pay higher wages because of the larger 
 demands of competing manufacturers for labor. 
 
 Charles L, Chute 
 Both by governmental action and by the organization and co- 
 operation of the employees. 
 
 Victor S, Clark 
 
 The wage level can be raised in certain groups of occupations by 
 governmental action. 
 
 Miles M. Dawson 
 
 I do not think wages in general can be increased, except as a 
 result of organization of workmen. The lowest wages paid in 
 classes of industries where, for the reasons already given, there is 
 a tendency of the lowest wage to be lower than the lowest rate of 
 w^ages at which the worker can live independently, can, of course, 
 be increased by governmental action fixing a minimum wage. I 
 do not think there is any other agency which can meet this situa- 
 
 QtJESTIONAIRE ON WaGE PeOBLEM 
 
 499 
 
 tion. Thorough organization of workmen who are in so helpless a 
 condition is impracticable. 
 
 Elizabeth Butcher 
 
 a. Yes; through the establishments of minimum wage boards 
 
 (a form of collective bargaining as assisted by the State). 
 
 b. Through voluntary collective bargaining through trade 
 
 unions. 
 
 George Eastman 
 
 a. No. 
 
 b. Increasing individual efficiency by education and the di- 
 
 version of surplus labor to other channels. 
 
 Sarah Elkus 
 
 I believe the wages for girls working in the department stores 
 are at present inadequate, but don't think that they can be raised, 
 by governmental action. I think they can only be raised by the 
 employer being willing to make less profits. 
 
 Joseph Frey 
 
 a. Minimum wage laws and industrial education. 
 
 b. Labor organization and cooperative enterprises. 
 
 C E, Gardiner 
 
 We do not think that present wages generally are inadequate in 
 the sense covered by the determining factors included in group 1, 
 (needs and standard of life) as they are today. The standard of 
 life varies in different trades and localities, but is in no case as 
 high as could be wished; moreover, no standard that is not pro- 
 gressive is to be regarded as satisfactory. For some groups of 
 workers the present standard falls below any admissible level of 
 independent life, and in these cases governmental action may be 
 practical and desirable, but speaking generally governmental in- 
 terference as to wages would be undesirable. Trade unions are 
 the agencies to which we should look for improvement ; and even 
 in the case of the weakest groups, outside action should lead to 
 their own organization for self defense. 
 
 We would explain that we regard a change in trade union 
 policy necessary if the unions are to exercise the influence we look 
 
500 
 
 : 
 
 It 
 
 J I 
 
 J 
 
 K\ 
 
 Appendix III 
 
 for from them. In our view the jealousy shown of employers* 
 profits has been unreasonable and their impatience of high wages 
 paid for special services unwise. Where else, we would ask, can be 
 found the sources of better wages ? Fruit must ripen before it is 
 gathered. The incompetent employer, who fails to make profit, 
 and the unadaptable workman, whose services are of little value, 
 alike block the way. Wages are not paid out of capital, except on 
 the road to bankruptcy, nor in excess of value received, if the em- 
 ployer knows his business. In so far as incompetence on both sides 
 can be eliminated, the chances of trade unions would be improved 
 and the benefit for labor would be progressive. Under pressure 
 of competition the employers would do more for what they got ; 
 trade unions could do much to make and keep competition free. 
 All surplus advantage would pass to the public. 
 
 W. A. Garrigues 
 We have not a sufficiently accurate knowledge of wages paid 
 and service rendered in other occupations than those named to 
 express an opinion as to the adequacy of such wages. Govern- 
 mental action, however, on this point would be generally injuri- 
 ous. Business is at present suffering from too much legislation 
 and if our answer to your first question is correct, it follows that 
 the success of the worker is dependent upon the success of the 
 employer. 
 
 F. H. Gilson 
 
 a. Governmental action no doubt, can help. 
 
 b. The raising of the standard of the employer that he should 
 
 feel it his duty that no person who works for him shall go 
 without a proper recompense, and the raising of the stand- 
 ard of the bargain hunter that they will not seek to secure 
 at the bargain counter, goods for which they do not render 
 a just recompense, and for which a just price has not 
 been paid to the producer. 
 
 We practice what we preach. No journeyman girl in our 
 bindery receives less than $9 a week when she has a full week, or 
 if she works piece work, her piece price is made so that an average 
 girl on the lowest paid operations can average $9 per week. As 
 to its effect on our business, we find it a hard position to maintain. 
 
 QUESTIONAIRE ON WaGE ProBLEM 
 
 501 
 
 It increases our costs over shops which hire for as little as they 
 can possibly pay. 
 
 Bolton Hall 
 
 Present wages in general can be raised by opening the idle 
 lands to the idle hands. 
 
 W. R, Heath 
 
 *• ^J governmental action. 
 . b. The fixing of wages should be considered by the government 
 only as a last resort. The government should lend its in- 
 fluence to encouraging proper labor conditions and the 
 proper payment of wages, and should show the utter 
 dependence of the employer upon the employee, and of the 
 employee upon the employer. It should show them that 
 the very best interests for both are in friendship and not 
 in enmity. And in all legislative action there should be 
 left ample opportunity for employers and employees to ad- 
 just their own differences without governmental inter- 
 ference. 
 
 Leo Hirschfeld 
 
 a. Positively no. 
 
 b. Application of worker to the work and his efficiency. 
 
 a. Yes. 
 
 Mary Alden Hophins 
 
 a 
 
 Howard C. Hopson 
 
 I do not believe that the government should undertake to 
 formally regulate this matter in view of the inefficiency 
 in the service which it is now trying to perform. 
 b. I believe that the encouragement of profit sharing and 
 bonuses in certain industries, the substitution of labor 
 saving devices in others which are now unprofitable, mak- 
 ing it possible to pay higher wages to those who remain 
 in the industry, and the diversion of those who do not 
 to other industries which can pay better wages, and other 
 matters of that kind will be most helpful. 
 
 F, Lincoln Hutchins. 
 If my conception be true, the only logical program is to legis- 
 late out of existence all the unfortunate conditions which deny the 
 worker free access to the means of production. 
 
602 
 
 1^ 
 
 , i, 
 
 ,i 
 
 1' 
 
 i-i 
 
 
 til 
 
 ll 
 
 m! 
 
 Appendix III 
 
 Belle Lindner Israels 
 
 a. By governmental action. 
 
 b. Workers' and employers' organizations. 
 
 W. T, Jackman 
 
 a. By governmental action. 
 
 b. To some extent through the trade unions. 
 
 WUford I, King 
 
 a. By limiting immigration and raising standard of living. 
 
 b. By eugenic action. 
 
 ^Alvin 8. Johnson 
 
 a. For particular groups, wages could and should be raised by 
 governmental action. 
 
 E. M. Keator 
 
 a. Government action is most undesirable. 
 
 b. By profit sharing bonuses given by the manufacturer or 
 
 merchant for increased production of superior work. 
 This can only be brought about by decreasing costs of 
 material to the manufacturer, and a lessening of his ex- 
 pense account. It certainly cannot be brought about by 
 making him spend his profits in useless fire prevention 
 equipment and prohibitive insurance rates on Workmen's 
 Compensation Insurance. 
 
 R. C. Kemmerer 
 
 a. By agencies to keep workers informed of where work can be 
 
 found. 
 
 b. By improving our school systems, and making the schools 
 
 dovetail more with industries. 
 
 George J. Kraft 
 
 I believe the question of wages should be left to the employer 
 and the employee. 
 
 a. Governmental interference tends to drive industries to 
 neighboring states where there is not so much and such 
 costly (to manufacture) " governmental action " ; if per- 
 sisted in ^^ action " of this character will undoubtedly 
 
 QuESTIONAlRE ON WaQE PrOBLEM 
 
 503 
 
 drive many of us out of business entirely and throw thou- 
 sands out of employment, while only a few will be bene- 
 fited, 
 b. Relieve the manufacturer of the frequent and inquisitorial 
 visits of inspectors; modify the many requirements and 
 restrictions, many of them of no benefit except to build- 
 ing contractors and some of them absolutely useless ; give 
 the inspectors some discretion as to the necessity of en- 
 forcing the exact letter of the law and don't compel arbi- 
 trary compliance with regulations which do not apply to 
 certain conditions ; relieve us of the expense and worry of 
 these things that we may devote more of our time to the 
 development of our business, earn more money and so 
 be able to pay more wages and engage more help. 
 
 H, P, Lansdale 
 
 To my mind, this must be regulated very largely by public 
 opinion. I have great faith in the men who are conducting busi- 
 ness, and I believe that if the matter is properly agitated, they 
 will correct the abuses of the business. Through public schools, 
 colleges and through some public form of education, public opinion 
 would be revised to such an extent that the employers will do their 
 full duty. I am more favorable to this than I am toward public 
 action — although I am convinced that we need a commission at 
 this junction with full powers to regulate present conditions. This 
 should be done by the National government and not by any one 
 state, -as legislation within one state puts it at a disadvantage with 
 another state. 
 
 D, D. Lescohier 
 
 A general and widespread knowledge of the changes which take 
 place in prices and living costs on the one hand, and of wage move- 
 ments on the other would tend to cause wages to readjust them- 
 selves more rapidly. There is less known in this country about 
 the relation and the changes in the relation between wages and 
 prices than almost any other economic question. I refer here to 
 general popular knowledge. If the workers knew exactly and 
 definitely what changes were taking place in prices and how those 
 changes were affecting their family budget they would find means 
 of expressing more effectively demands for wage increases when 
 they were necessary, while employers on the other hand would 
 
; 
 
 f1 
 
 < i 
 
 i^ 
 
 i\ 'I 
 
 i-'i 
 
 i<i 
 
 3 
 
 It 
 
 504 
 
 Appendix lit 
 
 respond more readily to these legitimate claims if they had clear 
 knowledge of the situation. In the second place, governmental 
 action will become necessary for regulating minimum standards in 
 order to prevent such employers as tend to undercut the going 
 rates of wages from doing so and to establish a decent minimum 
 standard of wages to which all employers will have to conform 
 and which will tend to equalize labor costs between competing 
 employers. 
 
 Burdette G. Lewis 
 
 I am in favor of handling the wage problem the way the state 
 of Wisconsin handles the matter — by appointing a commission. 
 After we know what conditions are we will at least be in a position 
 to legislate intelligently with reference to a minimum wage. I 
 am opposed to a minimum wage at present ; I would regard it as 
 tantamount to the wage legislation of England which was a curse 
 to the country as long as it was in force. Until this country can 
 handle the problem of unemployment fairly, there can be no real 
 effective handling of the minimum wage question. If unemploy- 
 ment is out of the way, there is the problem of the inefficient man ; 
 unless a place can be found for him he will be a burden on the 
 community. 
 
 William H. Lough 
 
 I have indicated (in answer to question 2 above) the only two 
 factors which in the long run, in my judgment, can raise the 
 general average of wages. It may, however, be desirable to estab- 
 lish a minimum wage for reasons which are discussed below. 
 
 Benjamin C, Marsh 
 Mr. Clarence Darrow, the labor attorney, answers this question, 
 as follows: 
 
 " Private ownership of land means increasing wealth for 
 the few and increasing poverty for the masses. Workingmen 
 take no account of fundamentals, any more than other folks. 
 Millions of workingmen have organized themselves into 
 unions to attempt the well-nigh impossible task of controlling 
 the labor market instead of doing the fundamental thing, 
 namely, changing conditions under which they live. If a 
 
 Qdestionaike on Wage Problem 
 
 505 
 
 small fraction of the millions that have been spent on labor 
 unions had been spent on fundamentals there would be no 
 need of labor unions today. 
 
 " When we learn that the land belongs to all of us and to 
 each only so much as he can use, then we will be free men — 
 no need for labor unions then; no need to legislate to keep 
 men and women from working themselves to death ; no need 
 to legislate against the white slave traffic. When it pays to 
 behave, men will behave. They'll do it because they want to. 
 There will be no class distrinctions at that time, no awful 
 poverty and no awful wealth." 
 
 Before we can eliminate the extortions of privileged classes, 
 which necessitate higher nominal wages, four things must be 
 done: 
 
 Taking for public use most of the ground rent, both urban and 
 rural, thereby enabling us to abolish nearly all forms of taxation, 
 except possibly the income and the inheritance tax above a fairly 
 high minimum; bona fide government ownership of all natural 
 monopolies and of means of communication ; regulation of prices, 
 and naturally, therefore, of profits ; the repudiation of public and 
 industrial debts. 
 
 Private agencies have no business to interfere with the opera- 
 tion of economic laws, since such interference as practiced by the 
 private charities merely retards the enactment of legislation or 
 the repeal of existing legislation to secure just economic conditions. 
 The establishment of homes for working girls where they may re- 
 ceive board and lodging at less than current rates is merely an 
 insidious method of " rates in aid of wages." This was tried in 
 England. Of course, it was shown to be a failure, as it always is 
 and must be. 
 
 David A, McCahe 
 
 Wages can be considerably raised for groups of workers in many 
 cases by the adoption of uniformly enforced standards, and this 
 can be brought about by action of a government commission. 
 
 George A, McKinloch 
 
 Wages in general can be raised and equalized by the education 
 of public opinion. I believe that governmental action backed by 
 
506 
 
 Appendix III 
 
 ri; 
 
 '!ii 
 
 \\ ■ 
 
 1 ' 
 
 Ll 
 
 II 
 
 w 
 
 I 
 
 public opinion may be necessary to bring many of the employers 
 of labor to a proper realization and sense of their responsibility to 
 their employees. 
 
 G, T, McV,'hirier 
 
 If the foreigner is eliminated, wages in general, as determined 
 by the factors which have been suggested to you, tend generally 
 to equal what is desirable and practicable from the point of view of 
 American society as a whole. 
 
 Wages for the American workmen, in some lines, become in- 
 adequate because of the competition of foreigners. Economists 
 have said that the American laborer is the poorest paid of all 
 laborers — considering the quality and the amount of work pcr- 
 fonned. Then why encourage this cheap labor. Competition may 
 be the life of trade, but immigration into this country is the death 
 of better American society — except for the few — and the down- 
 fall of the American laboring class. Stop the immigration into 
 the United States and no excuse can be given for the large number 
 of idlers we have. Then we will not need a minimum wage law, 
 for every person will be paid what he or she is worth or more. 
 For the good of the whole society, and not a part of the society, 
 New York State has too large a population. Drive out the 
 foreigner and you will not need a minimum wage scale. Your 
 dense population may bring immense wealth for a few, but it is not 
 doing your laborer any good. Your American men and women, 
 that work, are starving their stomachs because of too much compe- 
 tition. The government thinks too much about protecting the 
 American factories against foreign competition and not enough 
 about protecting the American working class against foreign 
 competition. 
 
 Henry T. Noycs 
 
 For our industry we believe that the present wages are in general 
 fairly well balanced, for the individual and for particular groups 
 of workers. 
 
 Almus Olver 
 a. By governmental action. 
 
 QuESTiONAraE ON Wagb Pboblem 
 
 50T 
 
 Alfred E, Ommen 
 
 In the printing industry, wages are too high in the city of New 
 York in comparison with other cities, such as Philadelphia, 
 Chicago and Boston, and also in proportion to the rents and the 
 cost of living. Governmental action cannot for any great length 
 of time raise wages. 
 
 Edward D, Page 
 
 Any agency that presents opportunities of employment suitable 
 to the capacity of the worker in fields more profitable for him than 
 those in which he is engaged is a suitable agency. What is needed 
 is the completest publicity of opportunity that is practicable. 
 
 Governmental action may be serviceable in promoting publicity 
 of opportunity; the adjustment, however, should be left to the 
 groups or individuals most concerned. The governmental fixing 
 of wages or prices has always been unintelligent; governmental 
 organization is incompetent to hold balances between interests 
 that are always changing. Besides, the interest of the govern- 
 ment is its own welfare or the welfare of individuals who com- 
 pose it, and not the welfare of the groups whose relations are to be 
 adjusted. Its action is slow, inflexible and uncertain; it yields 
 to the clamor of the loudest mouthed and tends to effect injustices 
 instead of equitable arrangements. Along the lines of investi- 
 gation and publicity, however, a governmental agency may accom- 
 plish good results and powerfully affect both the psychological and 
 social conditions; and through them, in a measure, the economic 
 conditions. By the interaction of all these conditions the rate of 
 wages is ultimately fixed. 
 
 Maurice Parmelee 
 
 The organization of workers is doing much to raise wages. 
 Public sentiment outside of the working class is also having some 
 influence. 
 
 Raymond V. Phelan 
 By government action plus education and unionization. 
 Unionization is practically necessary to the fullest success of 
 government action. In Minnesota, women workers usually will 
 
V' 
 
 ij 
 
 |.?^'fl 
 
 
 i (I 
 
 508 
 
 Appendix III 
 
 not sit on wage boards and when they do act they cannot be the 
 best representatives of labor, as they do not feel free without a 
 union at their backs. In the absence of unionization, further- 
 more, the government must depend to a great extent upon detective 
 work to secure convictions for violation of a minimum wage law. 
 
 L. G. Powers 
 
 Wages have not yet risen to the level of modem production. 
 Hence they are theoretically and practically too low and must be 
 raised. They may be influenced to a slight extent by govern- 
 mental action, by the passage of minimum wage laws and other 
 laws, by the action of labor unions, and by the competitive struggle 
 of employers, and by a rising general intelligence. 
 
 Charles Rohlfs 
 
 Before inaugurating a leveling process, why not consider a 
 means to bringing about greater efficiency. Then a demand for 
 higher pay would be justified. Now, then, to suggest a remedy. 
 
 Our children must be kept at school longer — say until they 
 are at least sixteen years old. Here the State might justly be 
 called upon to help poor parents keep their children in school. 
 
 While at school they must be taught at least the rudiments of 
 really useful work, for which an employer will pay, ndt a mini- 
 mum but a maximum wage. They should and will be paid, not in 
 proportion to their imagined needs, but for what they can deliver 
 in the way of work, for a man's estimate of his own value is not 
 always just. 
 
 The school having taught them rudimentally, the employer can 
 quickly teach them specific kinds of work. This kind of result 
 would give us intelligent and resourceful workers who would 
 not stand for a minimum wage, but would organize and get the 
 limit, while the establishment of a minimum wage would, in the 
 long run, eliminate thousands who are above or below a fixed 
 capacity. What is to become of them ? Will the State in addition 
 to fixing a minimum wage, also take means to care for the thou- 
 sands whom a minimum wage will throw out of work, the very 
 young and the old, and those who have grown old enough to need 
 more, but who are laid o£E because more minimums can be had 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 509 
 
 for the asking ? You can no more insist on a minimum wage than 
 you can insist that employment shall be given. 
 
 The truth is that the masses, as we have them with us now, are 
 unable to earn more because they are unfit to earn more. Make 
 them fit first. Our schools can be made to so train our children 
 that, up to their capacity, they be first prepared to enter the 
 ranks of workers. 
 
 It can be shown that the lack of training for useful work in 
 the schools is accountable for much of the general shiftlessness, 
 evidenced in an incapacity to earn wages at anything but a low 
 order of work. 
 
 Realize, if you please, why we are where we are. For fifty 
 years we have been deluding ourselves with the idea that our 
 public schools were fitting us for our life's work, making useful 
 men and women of us. Well, if they have done so, where are the 
 men and women ? They are not, or why the minimum wage ques- 
 tion ? We are simply reaping the whirlwind. 
 
 J^. M. Sergeant 
 
 1 do not believe that wages can be successfully controlled by 
 governmental action. Improvement in this respect can in my 
 opinion only be obtained by the general education of public 
 sentiment. 
 
 Harrison B, Smith 
 
 My answer is, by fair legislation. I have not made a study of 
 the wage question, but have followed the discussion with great in- 
 terest It has always seemed to me that the difficulty has been the 
 lack of every-day honesty in our legislative bodies, and a refine- 
 ment of honesty in our investigating commissions. Legislation 
 is not fair ; it leans to one side or the other ; it does not go to the 
 essential facts but discusses details. In one piece of legislation 
 an unfair and dishonest sop will be thrown to labor, and another 
 piece of legislation, passed by the same body, an unfair and dis- 
 honest slice will be handed to the employer. There is too much 
 refinement of discussion, without attention to what it fair and 
 right and honest from the standpoint of dealings between man and 
 man. 
 
510 
 
 Appendix III 
 
 til 
 
 lit 
 
 ! 
 
 fi 
 
 l! 
 
 i 
 
 1 
 
 1 
 
 
 1 
 
 
 I 
 
 
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 i 1 
 
 
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 11^ 
 
 
 0. F. Steele 
 
 I do not believe generally in interference by governmental ac- 
 tion with the wages of workers, except as stated above in answer to 
 question 2. If we do not look out we are likely to put ourselves 
 into a position where we cannot compete with other nations, by 
 unduly raising wages to the point where the manufacturer will be 
 handicapped. 
 
 Bohert R. Taylor 
 
 I believe the government could help very greatly by a campaign 
 of publicity. It would investigate existing conditions, in an im- 
 portant way, put these conditions before the public, naming per- 
 sons and places where unfair and unjust conditions exist, and en- 
 courage the employers to better conditions. I do not believe a 
 minimiRn wage at this time desirable. The country is so large 
 and conditions of living so different that it would be difficult to set 
 a wage which would be equitable to all laborers or to all employ- 
 ers. For example, conditions of living are easier in the South 
 than in the North, due to a milder climate and abundant moisture, 
 making it possible to grow fruits and vegetables the entire year ; a 
 less expensively built house making the invested capital less ; and 
 a less severe climate requiring less fuel. 
 
 A minimum wage scale for the South could not be a fair mini- 
 mum wage scale for the North. At the same time, if a lower 
 minimum scale is established for the South it would place manu- 
 factures in the South at an advantage over those in other sections 
 on account of lower labor cost. 
 
 H. K, Thomas 
 
 The present wages in general are adequate. They could not in 
 general be raised unless the workers' standard of efficiency were 
 by some means improved. 
 
 W. H. Thompson 
 
 The state could give much greater recognition to the labor 
 unions, for one remedy; it could shorten the hours of labor; it 
 could furnish those out of employment work to tide them over 
 until business conditions warranted withdrawal of such employ- 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 611 
 
 
 ment; it could prevent all prison labor done from coming into 
 competition to outside competitive work ; it could increase the tax 
 on large incomes ; also the tax on the rich at time of death. 
 
 A, C, Vandiver 
 The present inadequate wages can be raised: 
 
 *• ^y governmental action establishing a minimum wage. 
 b. By the concerted voluntary action of employers. 
 
 0. J. Weeks 
 
 a. Government action in regards to compensation paid to em- 
 
 ployees would not be welcomed by the average business 
 man. 
 
 b. A fair employer watches his help, and wherever his profits 
 
 will allow and the employee is entitled to it, advances 
 their wages. 
 
 Ansley Wilcox 
 
 a. I do not believe that wages should or can be raised by gov- 
 
 ernment action. 
 
 b. I do believe that they can be gradually raised by organiza- 
 
 tions of employees and by organizations of employers; by 
 the cultivation of profit sharing, which in my judgment 
 is by far the most hopeful means of solving our present 
 labor troubles; by education improving the efficiency of 
 the workers; and, in general, by moral suasion and en- 
 lightened public sentiment. 
 
 Momay Williams 
 The tendency of the organization of workers co-operating with 
 organizations of employers will eventually, I believe, be to bring 
 about a better state of affairs. The experience of the garment 
 workers, in the so-called protocol, indicates a line of development 
 that might wisely be extended to a number of other trades, amd 
 in this I see a hope for a successful answer to the question. By 
 the union of voluntary efforts and the proof through it of the pos- 
 sibility of employers and employed coming together to fix proper 
 conditions of employment and eventually proper scales of wages, 
 a basis may be formed for future legislation, and, possibly, gov- 
 ernment action ; but the time has not yet come when government 
 action, in the sense of control, can be introduced successfully. 
 
512 
 
 Appendix III 
 
 Question No. 6 
 
 If governmental action is desirable, is the best form the estab- 
 lishment of a minimum wage (the amount to be determined for 
 different industries, after investigation by some administrative 
 body) ? If not, what other governmental action is available and 
 how can it be secured? 
 
 A full statement of your reasons for or against the establishment 
 of a minimum wage, as indicated, would he greatly appreciated, 
 
 D, B. Armstrong 
 The minimum wage has proved to be a reasonably effective 
 method. It must be remembered, however, that the minimum 
 wage is only one of a number of minimums and maximums very 
 popular with the pseudo reformer of to-day. All of them are 
 purely palliative surface salves and simply postpone, perhaps for 
 only a short time, the necessity for meeting the problem of a 
 radical reorganization which will undoubtedly greatly modify the 
 wage system and which will probably follow the suggestions of 
 William James and H. G. Wells, regarding a reasonable alterna- 
 tion of labor, a universal conscript labor army, the socialization of 
 industry as far as control is concerned, and the placing of the work 
 of the world on a basis of service to the State rather than that of 
 financial gain to the few. 
 
 O, L. Amer 
 
 The minimum wage as suggested is well worth a trial although 
 it will not accomplish all that its most enthusiastic advocates 
 believe. 
 
 Seldon Bacon 
 
 My fundamental objection to a minimum wage law is two-fold : 
 In the first place, it will in many cases be inefficient ; and second, 
 that if made efficient it will, in many cases, deprive persons in 
 need of work, who can not do efficient work, of the opportunity 
 of doing the little work they can. What I believe in is a fair wage 
 for a fair piece of work ; not a minimum wage for a work that is 
 not up to the minimum standard. Nor do I believe that the 
 minimum wage is such a panacea as many people believe. A most 
 admirable criticism of that idea appeared some time ago i^ Life 
 
 
 Ql ESTIONAIIIK ON WA(iK P 
 
 KOHI.K.M 
 
 " 1 *> 
 
 m 
 
 in a cartoon representing a shop girl answering the question 
 whether she read her Bible by saying that she did not have to, 
 she had a minimum wage of $8.70 a week. If a minimum wage 
 law is to be established it should be based not on an arbitrary 
 figure, but on a minimum efticiency, and the fundamental difti- 
 culty of drafting a minimum wage law is to find a standard of 
 efficiency equal to the minimum wage. I do not approve tlie 
 establishment of a minimum wage by governmental action, be- 
 cause of the practical impossibility of governmental action also 
 fixing an efficiency corresponding to the minimum wage. More- 
 over, the establislnneut of a minimum wage would, in my judg- 
 ment, tend rather to lower wages to that minimum, unless the 
 minimum was set so low that it would have no beneficial effec;t. 
 
 I think the real difficulty comes near being summed up in the 
 difficulty of fixing a corresponding rate of efficiency for the mini- 
 mum wage ; and the necessarily fluctuating character of that corres- 
 ponding efficiency worked out into marketable product. What 
 would be a fair wage corresponding to a particular efficiency in 
 the production of products under some conditions of the market 
 for the sale of such products would be a perfectly improper figure 
 under other conditions. I am not speaking of mere temporary 
 fluctuations, but of the large and permanent fluctuations that 
 necessarily obtain. As a rule, the interference by legislation with 
 such problems, as far as I have been able to study the history of 
 such efforts, works badly rather than well. The trouble with 
 natural laws in such cases is that they do not respond quicllv 
 Quouirh to change of conditions. The difficulty with statutory pro- 
 visions of that character is that they are even less sensitive. 
 
 Lloyd V, Ballard 
 In my opinion, we must begin farther back if we nro to sohe 
 pernianently the wages problem. We must get at the sources of 
 our inefficient labor supply. This means that there must be de 
 vised some means of restricting the spawning of inefficient workers. 
 A very cursory examination of the increases in our populatioti 
 shows that the families that are most prolific are the ones least 
 able to support those large families ; or at least, they are the least 
 able of placing their children out of the low wage class of which 
 Vol. 1 — 17 
 
514 
 
 Appendix III 
 
 I 
 
 
 • i\ 
 
 <• 
 
 a : 
 
 they are members, into the higher wage classes by means of edu- 
 cation and training. The conamon sense method is to proceed 
 against this evil, and not against the employer who pays low wages 
 because so many of the population make no effect to restrain the 
 reproductive impulse. 
 
 It can be shown that this procedure would not be chimerical. 
 The government could as easily determine the wage that would 
 support the average family (say of three children) as it could 
 determine a minimum wage. Then it could also say that only 
 those individuals who were able to show that they were capable 
 of earning that wage could marry. This could be done on the 
 same principle as a eugenics law, and with no more opposition 
 than such a law usually incurs. Such a law would violate no 
 inherent human right, and could be applied to the immigrant as 
 well as to natives. Under such a law, only immigrants would be 
 admitted to the country as could give evidence that they could earn 
 the efficiency wage. 
 
 It is true that for a time the government would have to care for 
 such as could not meet the requirements, perhaps, but such a law 
 would not prevent men from working but only from marrying 
 when they would not be able to produce efficient offspring, either 
 physically, or as far as furnishing them the benefits of an educa- 
 tion and training. If the state should be forced to care for num- 
 bers of such, it could do so by taxing swollen fortunes either by an 
 income or an inheritance tax or both. 
 
 L. Bamei 
 General governmental action is not desirable. 
 
 Oertrude Bamum 
 
 Yes. 
 
 George Gordon Battle 
 
 I am in favor of the establishment of a minimum wage, the 
 amount to be determined for different industries after investiga- 
 tion by an administrative body. So far as skilled and organized 
 labor is concerned, the wages at present paid are fairly adequate, 
 and are certainly as much as or more than a reasonable minimum 
 wage. But for unskilled and unorganized labor, the wages paid 
 are often starvation wages and below the reasonable minimum. 
 
 QUESTIONAIRE ON WaGE PeOBLEM 
 
 515 
 
 Emma B, Beard 
 Yes. The establishment of a minimum wage in this way would 
 permit careful consideration of the industry, the standard of the 
 workers and the conditions of the special localities. 
 
 Holmes Bechwith 
 It is a misunderstanding of the purpose and real effect of mini- 
 mum wage laws to think that they will to any appreciable extent 
 raise wages. Their true purpose and real effect is, I believe, to 
 distinguish and separate clearly those who can earn the minimum, 
 and those who cannot. This done, the real, vital problem is but 
 fairly met, not overcome. That problem then is. What shall be 
 done vnth those who cannot earn the minimum (presumably about 
 a " living wage ") ? The inquiries necessary, and the enforcement 
 of the minimum wage laws, will force society then to solve, as 
 best it may, this problem. As possible solutions are vocational 
 education, farm colonies to make these unfit fit, imprisonment and 
 forced labor for those wilfully idle and inefficient. 
 
 Harry Best 
 
 Wages are dependent upon a great number of things. In a 
 state like New York and especially in a city like this, little head- 
 way can be made at the beginning with the constant influx of im- 
 migrants, many of whom are unskilled. Regulation of immigra- 
 tion, including its distribution, demands first attention. An in- 
 creased effort should be made to locate industries out of New York 
 City, where the cost of living is materially less. Working papers 
 should be granted at a later age than at present — a year or two 
 later at any rate. Vocational training in schools should have 
 greater emphasis. Labor unions should be encouraged, and should 
 have all the protection at the law that is compatible with the other 
 interests of the state. Home work should be more and more re- 
 duced, with perhaps eventually its elimination. These are some 
 of the means at hand short of the minimum wage. 
 
 The minimum wage, I think, should be adopted only after care- 
 ful study and earnest thought. Per se I favor it. But I do not 
 believe that it should be attempted immediately, or until attention 
 has been directed to some of the other factors in the wage question. 
 
 n 
 
*l I 
 
 I' 
 
 516 
 
 Appendix III 
 
 Boy G. Blakey 
 In some cases it seems best to have minimum wages established 
 by government agencies, but there are a great many things that 
 the government and other agencies can do to improve conditions 
 and prevent too wide use of or necessity for fixing wages by. 
 the State. 
 
 In the first place, the federal government should restrict immi- 
 gration. Vocational and trade education for all at State expense 
 should be provided as rapidly as possible. A comprehensive and 
 wisely directed system of employment information bureaus and 
 agencies covering the entire United States should be put in opera- 
 tion. The educational and age requirements before permitting 
 minors to engage in industries should be raised in most states and 
 made uniform for all. Women and children should be absolutely 
 prohibited from entering industries which endanger their health 
 and the virility of the next generation. A great many exceptions 
 in existing laws should be eliminated. Of course, no single state 
 can accomplish all of this alone, and the present Commission is 
 most immediately concerned with what can be done by New York. 
 The right kind of labor unions should be encouraged, and en- 
 couraged to co-operate with the State in every way that will pro- 
 mote the interests of the State and people as a whole. 
 
 Because women and children are often employed at wages which 
 in the Jong run are detrim^ental to themselves and to society at 
 large, the State has the right to step in and protect itself. Of 
 course, this will work temporary hardship in many cases — just as 
 a change of tariff, or workmen s compensation law or other legislor 
 tion often works temporary hardship. " Temporary " m>ay mean 
 several years, though in the end some of the changes mean benefit 
 to all concerned, or at least to the majority. If a minimum wage 
 is established, doubtless those earning less than the minimum will 
 be discharged. 
 
 Much depends upon where the minimum is put. It should he 
 put at or below the point of securing necessities for health and 
 continued efficiency. This means very low. An industry which 
 can not pay that to ordinarily qualified people is parasitic and 
 should not be allowed to exist. Those who can not earn that 
 amount under average conditions in an industry that is not para- 
 
 QUESTIONAIRE ON WaGE PkOBLEM 
 
 617 
 
 si tic are fit subjects for State aid, since they must be defectives. 
 If they can't earn the minimum wage, which means what is neces- 
 sary for existence and continued physical efficiency, or a little less, 
 for them to be put entirely out of employment is to hasten a de- 
 cline that is inevitable and will be long drawn out anyway (by 
 definition of this minimum wage), unless the State takes care 
 of them. 
 
 B. M, Bradley 
 
 It is true that the early economists went astray and were dis- 
 credited because they ignored the social laws and forces that form 
 part of the makeup of human nature, and because they dealt with 
 man as if he were a being affected only by economic motives. 
 Now, however, we have a body of social workers who, with some 
 notable exceptions, are likewise inviting ultimate failure and dis- 
 credit because jn their zeal for a better study and use of social 
 forces they are ignoring the equally vital economic laws. 
 
 No intention, however good, can keep a continued and unlimited 
 supply of labor from affecting the price that labor can command. 
 If we ignore this fact and try to remedy the condition of our 
 workers by such secondary remedies as better distribution, better 
 agencies for employment, etc., there is every prospect that the very 
 efforts that might otherwise bring benefit will, in the end, produce 
 more poverty rather than less. 
 
 There are many ways in which the benefits that we seek will 
 elude us. A minimum wage law or an efficient organization of 
 labor may, over a limited area, for a time, enforce a higher rate of 
 wages. It can hardly, however, succeed in preventing the piling 
 up of workers at the favored points, thus bringing about the sub- 
 stitution of partial employment at higher pay for lower pay with 
 fuller employment. It can seldom prevent competition with the 
 employer from some less well organized region, since in our com- 
 merce between the States we have the largest area of free competi- 
 tion in the world. Moreover, the highest temporary success of a 
 trade union in raising wages against an overstocked labor market, 
 produces a state of the most unstable equilibrium. 
 
 In addition to non-union competition, new materials and new 
 processes are continually flanking the union's entrenohments. 
 Everywhere the employer finds himself impelled by self interest. 
 
i 
 
 I 
 
 h» 
 
 ' I 
 
 . I 
 
 ; 
 
 518 
 
 Appendix III 
 
 or forced by competition, to rearrange his industry so that he can 
 use the more abundant unorganized cheap labor in place of the 
 higher-priced men who are not living in three-room tenements and 
 taking boarders. 
 
 J, L, Burritt 
 
 A minimum wage by governmental action would quickly result 
 in throwing inefficient workers out of employment. Taking our 
 own industry as an example we would be compelled to dismiss 
 some of our employees who are now given employment partly as 
 a matter of charity. This would apply especially to elderly 
 persons. We now employ several men and women whom we 
 would not be employing if their efficiency had to be raised to a 
 fixed standard. A fixed scale of wages that is not dependent 
 solely on the efficiency of the employee also tends to reduce the 
 wages of the most efficient employees. 
 
 Henry L, Caiman 
 We believe that the establishment of a minimum wage by legal 
 enactment would, in the end, work injury to the worker; it 
 would be bound to lead to greater discrimination in employment, 
 and would eliminate from the ranks of the employed many of 
 those who can now secure such employment only on account of 
 their being ready to accept somewhat less than any standard that 
 might be established. 
 
 Charles L, Chute 
 The minimum wage has proved itself successful as one factor 
 in raising wages and elevating the employee. It should be tried 
 out in New York. 
 
 Victor 8. Clark 
 
 Money compensation may be regulated by a minimum wage. 
 Old age and invalid pensions, tenement house and factory legis- 
 lation, compensation laws, and other legislative measures affect 
 real wages vitally. I base my approval of minimum wage chiefly 
 on observation of its effect in New Zealand and Australia. 
 
 Miles M. Dawson 
 I think that the best form is the establishment of a minimum 
 wage, which, however, really ought not to be determined differently 
 
 QuESTIONAIBE ON WaGE PeOBLEM 
 
 519 
 
 for different industries, but ought to be the lowest figure at which 
 the workmen can support themselves independently, or, in the 
 case perhaps of men past the marriageable age, can support their 
 families independently. I think this will ultimately be the result 
 of investigations by administrative bodies. 
 
 I do not think there are any good, sound reasons against the 
 establishment of a minimum wage if confined, as I have indicated, 
 to the lowest figure at which the workmen can live independently. 
 All the arguments are in favor of it It can be enforced. Failure 
 to adopt it and enforce it means that family life is in danger, and 
 marriage and the establishment of families greatly discouraged. 
 
 The argument occasionally advanced, that it will merely en- 
 courage more and more women to engage in wage-earning em- 
 ployments, is not sound. If they are so to engage, whether in 
 large or in small numbers, their compensation when fully em- 
 ployed should be enough to sustain them. 
 
 0, L. Dean 
 
 I am in favor of a minimum wage scale for most places where 
 any number of people are employed, as it is only fair as a matter 
 of competition. Some dealers want the longest hours possible 
 with the least pay possible for their employees; while there are 
 many others, I am glad to say, that are willing and glad to be 
 able to pay a good living wage for a good class of help. Such 
 people usually have the best help, and I think get more real worth 
 out of them, as they are apt to be more conscientious, interested 
 employees. I have in mind a retailer who has between 100 and 
 200 girls, whom he pays from two to three up to five dollars a 
 week as a limit. I call that unfair competition, and a menace to 
 the morals of our social life as we find it in a large city. 
 
 Carroll W, Doten 
 
 I cannot take the time to give the reasons for my feeling in 
 regard to the minimum wage, but I may say in general that I 
 believe it is socially inexpedient to permit the existence of any 
 parasitic industry in the community, and on the other hand, it 
 is certainly socially inexpedient to permit weak and defenceless 
 laboring people to accept wages which do not provide a sufficient 
 
1 ' 
 
 h 
 
 V . 1 
 
 • I ' 
 
 I : .:< 
 
 Kfl 
 
 I 
 
 il 
 
 'f 
 
 520 
 
 Appendix III 
 
 amoinit for the inaintciiancc of a decent standard of living. No 
 donbt, in the working out of a minimum wage law, there will be 
 cases of hardship to both employers and employees. No reform has 
 ever been instituted which has not resulted in some hardship to 
 soniebod.v. 1 hese hardships may possibly be called the '* growing 
 pains " of progi^ess^ and are inevitable, however regretable they 
 niav be. 
 
 Eliziihvth Ihdcher 
 
 1 bc^licve in tlip niininiuni wage because through it the State in 
 the interest of its own welfare, recognizes the important principle 
 that without a niiniuiuni of the ordinarv means of existence effici- 
 ency is impossible, and the human machine is gradually impaired. 
 I'he State has gradually become convinced that it is necessary to 
 insure a minimum of education, of sanitation, of leisure and rest, 
 and of medical attendance in illness, and burial in death. It has 
 carefully safeguarded such important episodes in human life as 
 birth, marriage and death. The only relationship it has deemed, 
 apparently, too sacred for its regulation is the cash relationship. 
 Daily economic exploitation is just as insidious in its effect as 
 overwork. 
 
 In the interest of the community at large, the Federal Govern- 
 ment has regulated the rates fixed for shippers, generally them- 
 selves men of resource, by the railroads. Should not the same 
 principle be applied to the terms whereby a powerful corporation, 
 appropriates the best years of a woman's life? 
 
 There is no argument that can be advanced against the mini- 
 mum wage that does not hold good against raising wages by col- 
 lective bargaining. We are told that, under wage boards, the 
 minimum wage tends to become the maximum. Wage statistics 
 from Victoria refute this. On the other hand, some opponents of 
 the minimum wage contend that it will not only raise low wages 
 but will make all wages rise in proportion, and so spell ruin to 
 the employer. An employer's association could meet this con- 
 dition, if necessary, by raising prices. It can be shown, however, 
 that highly paid labor is the cheapest. 
 
 If the issue were not so important, it would be amusing to 
 see how contradictory are the arguments against the minimum 
 wage. One group contends that it will drive all women out of 
 
 QUESTIONAIRE ON WaGE PrOBLEJ^I 
 
 521 
 
 industry, while others, who are firm in their conviction that 
 women's place is in the home, lament the fact that it will make 
 the position of women in industry more secure. A group of trade 
 unionists who have never been conspicuous in their efforts to 
 organize the " sweated " trades are sure that it means a death 
 blow to trade unionism, despite the obvious fact that it is only 
 in countries where the minimum wage has been established that 
 these sweated trades are organized at all. 
 
 That the problem of the defective will be made more acute 
 by the adoption of a compulsory living wage, cannot be denied. 
 There are those who seem to think that such parasitic trades as the 
 candy and paper box trades, and the department stores, should 
 be permitted to continue to force the majority of their employees 
 to a life of partial dependence on those members of their family 
 who are fortunate enough to work in better paid trades, with the 
 alternative of the slow starvation of body and mind that continu- 
 ous poverty means, in order that a small proportion of defectives 
 of one sort or another may be provided with " useful " work. 
 That the State in self -protection should provide for the education 
 and training, and if need be, for the segregation of the defective 
 is a truism. To expose such a person to the wear and tear of 
 life in the ordinary factory or store is only cruelty. 
 
 I believe in the minimum wage because wages are life; they 
 mean, for the worker, not only the means to keep the human 
 machinery going at all, and provide for its repair, but they mean 
 decent living conditions, opportunities for higher living, and peace 
 of mind. The minimum wage means a better America for the 
 future generation. 
 
 George Eastman 
 I am wholly opposed to the establishment of a minimum wage 
 because I believe that if such wages are fixed by governmental 
 edict the result will be to increase prices in the same proportion, 
 thereby leaving the worker with only the same purchasing power 
 that he now possesses. 
 
 Sarah Elhus 
 
 I don't believe in the establishment of a minimum wage, as in 
 most cases it would tend to put a premium on laziness, irregular- 
 
5^2 
 
 Appendix III 
 
 QUESTIONAIEE ON WaGE PrOBLEM 
 
 623 
 
 h 
 
 i 
 
 i 
 
 t 
 
 ity, etc. In many cases where the employers are in great need of 
 workers they would have to pay the lazy and inefficient worker the 
 minimum wage to start with just the same as they would the effi- 
 cient worker. For instance, if the minimum wage in the depart- 
 ment stores were nine dollars a week, it would exclude all the 
 young girls who have to earn a living, and throw many out of em- 
 ployment. If there is a minimum wage, this application should 
 not be restricted to women and minors. 
 
 Eliza P. Evans 
 
 Whether a minimum wage law is the solution of the wage prob- 
 lem, one cannot say, but I believe its possibilities to be very great 
 and well worth an extended trial. A uniform state minimum 
 wage law is much to be preferred to the variety of laws that are 
 adopted and likely to be adopted. A federal law would be worth 
 while if the constitutional barriers can be overcome. 
 
 C, E, Gardiner 
 Our reply to the first part of this question is in the affirmative. 
 
 W. il. Oarrigues 
 Governmental action in the direction indicated is not desirable. 
 Business should be fostered, not handicapped by unnecessary and 
 foolish laws. Large numbers of workers are now out of employ- 
 ment owing to the fact that Congress and our State legislatures are 
 too largely composed of men with no practical business experi- 
 ence, who, therefore, are unable to realize that prosperity for the 
 worker is dependent upon prosperity for the employer. 
 
 F, E, Gilson 
 
 A minimum wage which is to be paid regardless of whether the 
 operative renders an equivalent would encourage indifference and 
 inefficiency on the part of the unambitious operative. On the 
 other hand, to leave wages as they are now in many cases estab- 
 lished, at the lowest possible point at which anybody can be forced 
 to work, is undesirable. It would probably be desirable to estab- 
 lish a minimum wage for an average person rather than a mini- 
 
 mum wage for all persons, and this wage should be established at a 
 level where the average person can be at least self-supporting even 
 in the humblest occupations where adults are employed, and so 
 that the ambitious, or person above the average should be able to 
 earn more, but not putting a premium upon idleness or shirking 
 by paying to the idle shirker the same as the average worker. A 
 minimum piece price where it can be applied ought to fit this 
 proposition. 
 
 William P, Gone 
 
 The establishment of a minimum wage would have as its most 
 serious and inmiediate result, the driving out of employment of 
 those who were earning the least, and presumably were most de- 
 pendent on their work. It is always true that in any industry 
 there are many people employed who are not up with the average 
 for one reason or another. Perhaps the business might be con- 
 ducted fully as profitably without them, but for reasons — some 
 cf them not purely economic, — they are employed at a lower 
 wage than the rest. As soon as the alternative is forced on the 
 manufacturer of employing no one at less than a certain price, 
 the great majority from necessity, or choice, will discharge such 
 of these people as cannot be profitably employed. Some mami- 
 f acturera may pay the increase to these people, but they would do 
 so purely out of charity, and it is unlikely that in the long run, 
 a motive of this kind would be effective enough to do this class 
 of workman much permanent good. 
 
 Balton Hall 
 Wages are that part of the product which the laborer retains 
 for himself. Wages, therefore, are necessarily drawn from land 
 and labor, that is, from the exercise of labor upon land or the 
 products of land, and can be drawn from nothing else. We can- 
 not sweep back the sea, although we may dam it out here and 
 there, and it seems clear that since the source of wages is land 
 and labor, the amount can only be permanently increased or de- 
 creased by the availability of one of these two factors. We have 
 abundant idle hands and we have superabundant idle lands. 
 
624 
 
 Appendix III 
 
 r;^ 
 
 i ':> 
 
 i 
 
 P 
 
 i^ 
 
 Such plans a.=i minimnm wages then, like eliaritiea, are mere 
 stop gaps and palliatives and patches, which in the end show 
 the melancholy result that rents are increased. 
 
 W. 7?. Heath 
 The answer to No. 5 is practically the same as No. 4. As a 
 last resort the estahlishment of a minimum wage by law is to be 
 favored, but before this there should be the policy of encourag- 
 ing the proper relationship, possibly by the establishment of a 
 State Industrial Commission with sufficient powers to detennine, 
 subject to the review of the courts, the course to be pursued by 
 particular industries and workers requiring direction or restraint. 
 
 Leo Hirshfeld 
 
 Government action to establish a minimum wage can, in our 
 opinion, never be successful in benefiting a majority of industries 
 and their workers. It can never be just to all concerned. It 
 would work harm to the employer by forcing him to pay for in- 
 efficiency, as well as for efficiency. It would in a way force the 
 efficient and ambitious worker to carry part of the burden of the 
 inefficient and shiftless one. In other words, it would put a bur- 
 den on efficiency and foster inefficiency. It would put out of 
 work a great many who need it mostly. It would take away the 
 chance of the beginner to start small and work up to a certain 
 standard. Take away ambition from men and women, and the 
 result cannot be good. 
 
 Let government action help the workers from a different point. 
 Furnish good practical education. Make it easy and pleasant for 
 all to absorb such education. Furnish education that teaches 
 proper home conditions, that teaches a proper way to live. Teach 
 women how to clothe economically, how to produce good and 
 nutritive meals from good and inexpensive food stuffs. Teach 
 them cleanliness, and sanitation, and how to produce good home 
 conditions at little expense. As stated before, make such educa- 
 tion easy and pleasant for the masses, in order that the majority 
 will take advantage of it. Some men and women in all walks of 
 life live comfortably and happily on small incomes, because they 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 525 
 
 are thrifty and temperate in their mode of living, and know how. 
 Others are careless and always dissatisfied, and will never be good 
 workers or good citizens, no matter under what laws. 
 
 Most employers are fair ; only too glad to pay a maximum wage 
 to a reliable, steady, efficient employee, and find it a very profitable 
 investment. 
 
 Oeorge K, Holmes 
 
 My point of view is primarily that of one interested in the wel- 
 fare of society ; the welfare of labor and of capital owners is neces- 
 sarily implied. My requirement is that industry shall be so man- 
 aged as to make the saving and investment of capital worth while 
 and to permit its employees to maintain at least a minimum qual- 
 ity of living and of social fitness, according to the standard of the 
 time and of the people of the State. In determining this, the 
 weapons of strike and lockout are barbarous. Mediation and arbi- 
 tration determine controversies between capital and labor, but 
 society is not a party. It is a matter of fundamental importance 
 that it should be a party in every question relating to its own 
 welfare. Maintenance of a standard of living that is above what 
 is detrimental to social interests is essential to prevent social de- 
 terioration and society should see that industry provides the means 
 to those industrial workers who are able to appropriate them. The 
 instrument for this purpose is a Minimum Wage Board. 
 
 The practical adjudications of such a board suggest enormous 
 difficulties. The experiences of boards of this sort in New 
 Zealand and elsewhere will doubtless be instructive to the New 
 York board, if one is established. Administration by such a board 
 should be cautious and tentative for a long time. An important 
 feature of this work should be the ascertainment and recording of 
 results. 
 
 Presumably, a minimum wage would put some inefficient work- 
 ers down and out, as far as their particular industry is concerned. 
 The social fraction of the left-behind would perhaps be increased. 
 This fraction presents a problem all by itself. It includes, also, 
 the blind, the crippled, and other defectives. In a broad view, it 
 is neither humane nor wise to let this social element limit the wel- 
 fare and hamper the progress of the socially fit. 
 
 
526 
 
 Appendix III 
 
 -I 
 
 I' 
 
 II 
 
 « 
 
 ' ' 
 
 
 ••••i 
 
 
 I 
 
 I have purposely confined my answer to a plea for and justifica- 
 tion of a Minimum Wage Board. You will get from others 
 answers that will be more practical than those that I am able to 
 give you without taking much time to examine the details of the 
 subject. 
 
 Howard C. Hopson 
 
 I do not believe the government should go beyond the establish- 
 ment of bureaus of employment and labor exchanges, and from 
 time to time make investigations in order to acquaint the general 
 public with bad tendencies in order that society as a whole, through 
 the education of public opinion, may take steps to protect itself. 
 
 E. D, Howard 
 
 The rates of wages in our tailor shops are determined by our 
 three years' agreement. This agreement is based on the prices 
 existing at the time of the big strike in Chicago and were deter- 
 mined prior to that time principally by the number of workers 
 available for the different sections of tailoring. There was 
 always a shortage of efficient help at that time. 
 
 There was a great lack of uniformity or rationality in the 
 piece-work prices made. They depended quite a little upon the 
 accident of any moment, and, being established, were very diffi- 
 cult to change. In many cases they have no relation to the skill 
 required but rather to the efficiency of certain persons in bargain- 
 ing with the foreman. Later these prices, fixed in such an un- 
 certain way were crystalized and became the basis of an 
 
 agreement 
 
 Our piece-work prices in tailor shops are irrational; some of 
 the persons are too highly paid, and others paid too low, but we 
 know of no way by which a greater equality can be brought about. 
 
 There is an unfortunate but perhaps inevitable policy of union 
 officers to refuse to consent to the reduction of any price or wage 
 no matter how excessive or undesirable it may be. The direct 
 result of this policy is that it is impossible to raise prices or 
 wages where it would seem desirable for many reasons on account 
 of the excessive cost which would be the result. Our board of 
 arbitration has determined this matter and find no way to sobe 
 this problem. 
 
 QUESTIONAIRE ON WaOE PrOBLEM 
 
 527 
 
 By agreement we have a minimum wage. We have been well 
 satisfied with this minimum although we know that it has been 
 of disadvantage to feeble, aged, or relatively incompetent per- 
 sons, as well as to young persons desiring to learn trades. It is 
 a protection against misleading statements concerning low wages 
 paid. 
 
 F, Lincoln Hutchins 
 
 A minimum wage is only another blundering way of interfer- 
 ing with the laws of the universe and must fail to have any 
 lasting beneficial effect. It is an inefficient process that attempts 
 to cure disease by neglecting the cause while applying palliatives 
 to ease the sufferings of the patient. A man starving through 
 lack of opportunity to create an appetite would be little benefited 
 by an egg diet which he could not assimilate, while the eggs would 
 be worse than wasted. 
 
 The remedy for exploitation of workers is in way of requiring 
 all wages to be dependent upon product — a matter not difficult 
 when approached in a scientific manner. Such a regulation 
 would stop at once all conflict between employers and employed; 
 would put all producers upon the same basis, thus preventing 
 competition between employers to reduce wages and remove the 
 obnoxious practices and methods of the unions. This would put 
 a premium upon efficiency and create a forward movement in 
 this country beyond calculation, to the benefit of all from low 
 to high. 
 
 Belle Lindner Israels 
 Yes, if minimum is accompanied by an apprenticeship system. 
 
 W, T, Jackman 
 
 I favor the establishment of the minimum wage principle for 
 the following reasons: 
 
 (a) It is evident from inquiries that many families are living 
 below the standard which is necessary to maintain efficiency ; and, 
 according to the biological law, the fewer the chances for survival, 
 the greater the number of individuals that will be produced. 
 Consequently the continuation of the less-than-minimum wage 
 adds to the difficulties of family life and increases the burden 
 
528 
 
 Appendix III 
 
 ) , 
 
 ii 
 
 1 
 
 ! 
 
 Ill 
 
 
 imposed upon the state or comraiinity to help those who other- 
 wise do not have enough. 
 
 (b) It seems to be necessai*y as a step to something better in 
 the relations of employer and employed, just as compulsory edu- 
 cation is essential iintil the community and its individual mem- 
 bers come to see the desirableness of voluntary co-operation in 
 education for the individual and social welfare. 
 
 N, Johannsen 
 
 To establish minimum wages by law would be utterly imprac- 
 ticable, because that would conflict with the law of supply and 
 demand. There would be endless difficulties when trying to en- 
 force such a law. Besides, unions and socialists would con- 
 stantly endeavor to raise the minimum without paying the least 
 regard to the condition of trade; and they would always find 
 accommodating politicians willing to assist them in their 
 endeavors. 
 
 As it is, employers are harassed to the brim by unreasonable 
 demands on the part of labor unions. If, to establish minimum 
 wages, they would have to fight not only with the unions but 
 also with the government and with vote-seeking legislators, we 
 would subject business to a new element of complication and 
 trouble which may prove disastrous. 
 
 Alvin S. Johnson 
 
 A minimum wage, varying according to industry and locality, 
 for the specially exploited trades, appears to me desirable. There 
 is no reason why public boards, properly constituted, should not 
 perform the same function for non-unionized industries that the 
 organizations for collective bargaining perform in the unionized 
 field. There are industries in which there seems to be no other 
 escape from the vicious circle — low wages — inefficiency — low 
 wages. 
 
 E. M. Keator 
 
 Governmental action of any sort is undesirable. The govern- 
 ment is incompetent to run business. The stagnation of business 
 at the present time is due to governmental action. No business 
 mail wants to give up his business to take a government job, and as 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 529 
 
 present constituted there are no business men in our government. 
 The advent of women on some of the investigating commissions 
 has and will result in a sentimental point of view. They are tem- 
 peramentally unsuited for such work, and their meddling only 
 results in hardship to either the employer or the worker. No leg- 
 islation whose object is the minimum wage should be attempted. 
 These things will adjust themselves, and while the process is slow, 
 workers will eventually be paid what they are worth. 
 
 R. C. Kemmerer 
 
 It is my candid opinion that the minimum wage would not ben- 
 efit the workers or society as a whole. The economic laws govern- 
 ing wages are best left alone. 
 
 There are other ways by which the state can improve the wage 
 scale, such as state agencies for bringing workers and employers 
 together, by adopting a system in our schools, whereby the pupils 
 receive practical training while studying as they do in western 
 cities. The state might go so far as to provide vocational agen- 
 cies, whereby pupils and workers as well could secure free guid- 
 ance in determining what work they are best fitted for, then direc- 
 tions given them where they might secure such employment. 
 
 Wilford I. King 
 
 No country has yet succeeded in raising the wage level by mini- 
 mum wage legislation. Australia and New Zealand have tried it 
 in vain. 
 
 Much could be done to help the poor, if immigration were elim- 
 inated, by guaranteeing steadiness of employment. Laws should 
 be passed penalizing the employer who allows his labor force to 
 fluctuate greatly during the year, and rewarding the employer who 
 keeps employment steady. Not half of the so-called seasonal in- 
 dustries are really necessarily seasonal. They represent careless- 
 ness and lack of foresight on the part of employers. A penalty 
 would quickly steady the demand for labor in many lines. 
 
 Labor unions, like other monopolies, benefit part of the popula- 
 tion (those inside) at the expense of the rest. They are socially 
 beneficial in only one way. They lower the wages of unskilled 
 labor outside, and hence lessen immigration by making conditions 
 for the immigrant less attractive. 
 
530 
 
 Appendix III 
 
 !'. 
 
 il 
 
 i; » 
 t i 
 
 George J. Kraft 
 
 The establishment of a minimum wage will bar beginners from 
 getting a start in a factory where work is not all machine work. 
 A beginner in my line (novelties) is an expense, not a help ; for 
 quite a considerable time the material spoiled is in excess of the 
 value of the work turned o\it, and no doubt this is a fact in most 
 factories. 
 
 H. P. Lansdale 
 
 A minimum wage is unfair to certain industries, where young 
 men will very gladly work for the experience they are getting. 
 Improvement can be brought about much better by investigation, 
 agitation and education, rather than through compulsory laws. 
 
 D. D, Lescohier 
 
 It seems to me that something along the line of minimum wage 
 l^islation will be necessary, but I do not believe that we have yet 
 worked out the proper technique for handling this proposition. I 
 cannot see how any state in the union which at the present time 
 has a minimum wage law will be able to enforce that law with the 
 machinery which it has provided, and I very much question 
 whether in most cases that machinery is of the type that is best 
 adapted for enforcing such legislation. I simply make this gen- 
 eral suggestion to call your conmiission's attention to the fact that 
 the administrative problems with respect to the minimum wage are 
 possibly the least understood of any of the problems connected 
 with this proposition. 
 
 William H. Lough 
 
 The establishment of a low minimum wage is desirable as a 
 means of raising our standard of citizenship. It is not desirable, 
 and in my judgment cannot be defended, on economic grounds. 
 The first effect of the establishment of a minimum wage would be 
 to bar out a certain number of incompetents who are now em- 
 ployed. Most of these incompetents would doubtless be depend- 
 ents and would be a burden on their families and on the com- 
 munity. The salutary effect would be in the probable reduction 
 of the birth rate among the least efficient workers, and in the dis- 
 couraging of the immigration of the lowest grades of workers. 
 
 QUESTIONAIBE ON WaGE PsOBLEM 
 
 631 
 
 These beneficial results would probably appear only in the next 
 generation. 
 
 There are doubtless industries, such as department stores, 
 which would be able to pass on either to consumers or to the manu- 
 facturers from whom they buy a portion of the increased expense 
 resulting from the establishment of a minimum wage. In some 
 ea t oo this particular body of wage workers would be benefited at 
 the expense of the rest of the conmaunity. 
 
 There are doubtless industries also in which a moderate increase 
 in wages could be granted without having any perceptible effect on 
 the development of the industries. In these cases the lower grade 
 wage earners would be benefited by a minimum wage at the ex- 
 pense of the owners of the industries. 
 
 It should be clearly understood that a minimum wage will not 
 and cannot (with the slight exception above noted) benefit any- 
 body in this generation. It should be undertaken as a patriotic 
 duty with the object of raising the level of succeeding generations. 
 
 It would be wholly inconsistent, from this point of view, to at- 
 tempt to determine minimum wages for different industries. A 
 general mi ni mum wage should be established and both workers 
 and capitalists should be left untrammeled to move from one in- 
 dustry to another. 
 
 Benjamin C. Marsh 
 
 A law r^ulating minimum wages is a " humanitarian " but 
 stupid method of atoning for privilege. Probably it should be 
 tried out simply to determine the fact that it is a failure, and must 
 be a failure until the four measures (enumerated in the answer to 
 question 4) at least, are carried out. 
 
 It should be noted, however, that there cannot properly be a uni- 
 form rate of wages for New York State, since both the real and 
 nominal cost of living varies so greatly between New York City 
 and the small manufacturing towns and agricultural counties of 
 the state. 
 
 I do not see why there should be varying rates of wages for dif- 
 ferent industries, if the purpose of the enactment of such a meas- 
 ure is merely to secure minimum wages, since the physical re- 
 quirements of the man who digs the ditch or the woman who works 
 in a factory are substantially the same, and their intellectual re- 
 
532 
 
 Appendix III 
 
 QUESTIONATRE ON WaGE PrOBLEM 
 
 533 
 
 .1 : 
 
 in 
 
 h I 
 
 II ' 
 
 M' 
 
 li 
 
 I 1 . 
 
 I'' 
 
 qiiireinents should be approximately the same as those of the 
 skilled mechanic and the typewriter or a woman who works as a 
 model in a department store. Of course, the woman who works 
 as a model or typewriter has to spend more for dress. 
 
 David A, McCabe 
 The establishment of a commision or commissions, with power 
 to determine legal minimimi rates of wages after investigation, 
 would lead to an appreciable increase in wages withoiit crippling 
 the industries affected. The reasons for this view have been re- 
 peatedly advanced by economists. The reasoning is supported by 
 the experience of trades in which wages are set by joint agree- 
 ments covering nearly all workmen and employers, and by Vic- 
 torian and British experience with government wages boards. 
 
 George A. McKinloch 
 
 I svmpathize with the establishment of a minimum wage, al- 
 though T feel that very careful consideration should be given to 
 the subject before any general application of the theory should be 
 attempted. I associate the minimum wage with the standard 
 of living, and believe that every worker is entitled to full com- 
 pensation and equitable participation in the products of his labor. 
 
 AlmiLS Olver 
 
 There is no other form of action which can be taken besides 
 the establishment of a minimum wage. Briefly, I might say that 
 not imtil the employers are compelled by a power greater than 
 themselves to grant a wage not inconsistent with the profits of 
 their business — not greater than a reasonably intelligent and in- 
 dustrious man or woman is capable of earning, not less that the 
 amount which we have so often held up as the least sum upon 
 which one may maintain a decent standard of living in this country 
 to-day — will we ever approach our ideal of a country in which 
 there shall be as little poverty as it is possible in the nature of 
 things to be. 
 
 T foresee all the difficulties which the opponents of such a meas- 
 use marshal against it, but I still believe that its advantages far 
 outweighs its disadvantages. 
 
 It is no more necessary to keep the drone under the minimum 
 wage that it is without it, and the increase of efficiency, self- 
 reliance and energy of the worker who at last realized that his toil 
 was bringing him, if not equal value for what he gave, at least a 
 decent living wage, would more than compensate for the increased 
 cost to the employer. 
 
 We may here cite as an instance, the increased production in 
 the Ford plant as a result of the minimum wage plan put into 
 effect by Mr. Ford. The same men, and the same number of men, 
 in the same working hours turned out many more finished auto- 
 mobiles after thi^ plan went into effect than they did prior thereto. 
 More of our social problems would, I believe, yield to this treat- 
 ment than any other which we might undertake. I am not at all 
 certain but that in the increased independence of the family would 
 be found ultimately a reduction of those charges altogether borne 
 by the man of property in the form of what we call taxes, which 
 go to provide hospitals, and hospital facilities, dispensaries, alms- 
 houses, out-door relief, etc., for those for whom society at present 
 fails to provide sufficient remuneration that they may be inde- 
 pendent. If we can give our working people a sufficient wage 
 durign their working lives, with an opportunity of laying a little 
 away to care for them in their old age, we shall have cut the cost 
 of our charities in half, and the men who bear the increased cost 
 by reason of the minimum wage will be saved an appreciable 
 amount of it in the decreased cost of caring for the poor. 
 
 Alfred E. Ommen 
 
 Minimum wage legislation must be supplemented by provisions 
 
 for the deficient ; and how that is possible does not seem evident. 
 
 The fact that there are some hopelessly and partly deficient is very 
 
 evident, and no industry can afford to pay the difficient wages of 
 
 the efficient. 
 
 There is a tendency of too much paternalism in our govenunent. 
 The government cannot consider this question from every angle, 
 and there is grave danger of disaster to some business. Those 
 who are engaged in the industry, especially if they have been so 
 engaged for many years, are better informed as to its needs than 
 those who give but superficial attention to it. 
 
534 
 
 Appendix III 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 535 
 
 ■ I 
 
 i 
 
 
 i 
 
 f '■ 
 
 Edward D, Page 
 
 It is impossible to express in terms of jnouey all the factors 
 which enter into and determine the desire and interest of the work- 
 ing men to work; or the desire and interest of the employer to 
 employ. Many kinds of light emplo;>Tnent are recognized by the 
 worker as disciplinary, instructive, and eventually leading to a 
 living wage. It is desirable that such light employments be en- 
 couraged, even though at less than the living wage, for the reason 
 that the bulk of their participants are young persons who, for the 
 development of their characters, require the discipline of fixed 
 attention on a given purpose, irrespective of the money pay. In 
 education there is no definite line between school practice and 
 employment practice ; in fact, the latter is often of more value in 
 mental training than the former. 
 
 The function of government in establishing a minimum wage 
 should be to call conferences of workers and employers to discuss 
 the practicability of a minimum wage in a given industry, and 
 then to enforce whatever agreement is arrived at. So little is known 
 about the subject that it would be foolish as well as idle to express 
 an opinion in its favor or against. But to promote trade agree- 
 ments and to enforce them after they are adopted is a proper 
 governmental function; protecting those of either side of a con- 
 troversy who are willing to live up to their engagements from those 
 who are not. If there be a law on the subject it should be along 
 these lines, promoting and permitting such conferences and agree- 
 ments and safeguarding them after they have been entered into. 
 
 Maurice Parmelee 
 
 I am not prepared to say that minimum wage legislation is the 
 best form of governmental action. The government might also 
 act by regulating prices so as to diminish profits and to raise real 
 if not nominal wages. However, I am not prepared to advocate 
 any specific form of government action. 
 
 Raymond F. Phelan 
 
 A minimum wage for each occupation (with some considera- 
 tion of differences of locality), to be established by an adminis- 
 trative body. 
 
 a. Women and children in particular are subject to wages that 
 are socially undesirable and unlikely to promote the high- 
 est efficiency of the worker, because of little unionization, 
 tradition, and timidity. 
 
 h. Minimum wage administration through wage boards serves 
 to broaden, enlighten, and liberalize the views of workers, 
 employers, and representatives of the public. Thus tri- 
 party (workers, employers, and public) labor legislation 
 and administration may be promoted. Our labor regula- 
 tion by law will never be entirely successful until such 
 tri-party understanding and earnest cooperation is secured. 
 
 c. Minimum wage laws may promote better business organiza- 
 
 tion and more efficiency in workers. We may reason to 
 this conclusion from the results of shorter hours legally 
 enforced in Great Britain, as well as abstractly. 
 
 d. Minimum wage laws will serve to give the humane, far- 
 
 sighted employer fair play. 
 
 e. Minimum wage laws will in time serve to establish higher 
 
 standards for entrance into business and industrial life. 
 
 L. O, Powers 
 Real wages consist in part of money and in part what money 
 secures. Governments can affect the money wage only by mini- 
 mum wage laws. The actual wages are affected by general fac- 
 tory legislation, pure food laws, tenement house legislation and 
 similar statutes, many in number. 
 
 Charles Eohlfs 
 
 Since the State — that is the people — cannot control the 
 economic conditions of production and distribution, it exceeds its 
 rights when it endeavors to legalize a charge (wages) in the cost 
 of production and distribution. 
 
 While wages is the principal item in the cost of production, and 
 the means of sustenance to the worker, economic conditions alone 
 determine the value of the service rendered. Consequently, no 
 one can rightfully determine for another how much or how little 
 must be considered adequate compensation for a specified kind 
 of service. 
 
 An employer pays the current price of wages. This price is 
 created by causes over which he has little or no control. He buys 
 labor as he would a commodity, and sells labor's product for a& 
 much more than he paid, as he can get. It is unnatural to make 
 
536 
 
 Appendix III 
 
 QlTESTIONAIRK ON WaCJK PkoRLKM 
 
 - 
 
 .nI 
 
 ;{ 
 
 a 
 
 'i 
 
 i 
 
 a price (cost) by law which is in conflict with prevailing economic 
 conditions. 
 
 Do you remember ever insisting on paying more for anything 
 you bought than the price at which the thing was offered you? 
 If to do so would be unnatural for you, the consumer, why should 
 you try to make it natural for the producer, a consumer of labor ? 
 
 We cannot aiford to plan for a temporary relief when there is 
 a strong probability that the result will be to eventually create a. 
 beggar class who can do nothing but work their side of the street, 
 palm up. If you wish to do a real and fundamental good after 
 you have got the school machine going — and this is in a class by 
 itself — or even before you consider how the school can be made 
 to give maximum instead of minimum results — institute old age 
 and illness insurance — the insurance premium to come from 
 the insured and to be controlled by the State. This is compulsory 
 thrift. 
 
 I know that you cannot possibly think that you can legislate 
 training, self-reliance, capacity, thrift, honesty, or character into 
 people, nor that you can possibly tax all the people to make good 
 the shortcomings of some of the people. Our almshouses, jails and 
 asylums are sufficiently well filled now without going another 
 step in that direction. 
 
 E. M. Sergeant 
 
 The establishment of a minimum wage by governmental action 
 seems to me decidedly inadvisable, mainly for the reason that 
 the minimum wage on which a person or family can live in com- 
 fort varies so greatly in different localities. A man receiving 
 $1.25 a day in a small country town may be much better off than 
 he would be at twice the wage in a large city. If the minimum 
 wage were established to meet the conditions where the cost of 
 living is high, it would impose an undue hardship on industries 
 located in other places, and if based on low cost of living would 
 be valueless where the cost of living is high. 
 
 Florence Simms 
 
 The establishment of a minimum wage is the best action. I 
 see no other way for securing justice to a large number of girls. 
 It will make for advance in efficiency and will permit a larger 
 life. 
 
 537 
 
 Harrison B. Smith 
 
 I see no objection to the establishment of a minimum wage, 
 provided there is at the same time a minimum standard of effi- 
 ciency. I have long thought that government must cut into the 
 established ideas of rights to private property. In doing so, how- 
 ever, it must at the same time, neither by omission or commission, 
 recognize the threatened tyranny of labor organizations. There 
 must be the one standard for all — a fair and equitable standard. 
 The old idea that a man has the right to do what he pleases with 
 his own must be abolished ; but, at the same time, the threatened 
 idea that a particular class of men can dictate what one can do 
 with his so-called private property must not prevail. 
 
 G. F. Steele 
 I believe the best method to establish a minimum wage — if 
 it is desirable to have one — is after a very thorough and serious 
 investigation by some competent administrative body. 
 
 H, K, Thomas 
 I do not think government action is desirable. The establish- 
 ment of a minimum wage involves questions which are fraught 
 with extreme difficulty. The experiment was tried some years 
 ago in Great Britain as regards miners, and the results are gen- 
 erally conceded to be unsatisfactory, inasmuch as in many dis- 
 tricts fewer men are employed so that the system is unfavorably 
 re-active on the worker. 
 
 W. H, Thompson 
 If a government minimum wage is deemed necessary it must 
 not be construed to become the maximum wage. There is about 
 as much need for a maximum wage as for a minimum wage; 
 in fact there is far more justice in prohibiting salaries of $4,000 
 or over being paid to any one than there would be in keeping 
 the minimum wage below $3 per day. 
 
 A. C. Vandiver 
 The best method of ameliorating the existing inadequacy of 
 wages is the establishment of a minimum wage to be determined 
 
538 
 
 Appendix III 
 
 
 i 
 
 !' i 
 
 
 
 . r 
 
 f 
 
 f.i 
 
 
 I 
 ■ ' 
 
 by a quasi-judicial body after thorough and scientific investiga- 
 tion of all the conditions existing in the trades to be affected. 
 My reason for favoring the establishment of a minimum wage 
 is that all employers would thereby be equally affected, and the 
 least harm be done both to employers and employees. 
 
 i 0, J. Weeks 
 
 I believe a minimum wage would be one of the worst proposi- 
 tions that could be advocated. It would tend in a great measure 
 to put the honest industrious worker on the same plane as the 
 workers who are seeking every minute to shirk their duty; and 
 there are some workers who, if they knew that they were pro- 
 tected by a minimum wage, would just work enough to hold 
 their positions and no more. 
 
 Ansley WUcox 
 
 Not believing that government action is desirable or practica- 
 ble as a direct means of raising wages, I do not at all believe 
 in the attempt to establish a legal minimum wage. 
 
 The government can do much, within reasonable limits, in the 
 way of improving working conditions, and thus indirectly may 
 increase the efficiency, lengthen the lives, and improve the wages 
 and living conditions of employees. But legislation fixing rates 
 of wages seems to me to be destructive of the liberty and inde- 
 pendence of the people, both employers and employees, and lead- 
 ing to far more harm than good. 
 
 Momay Williams 
 
 My judgment is that an establishment of a minimum wage is 
 probably the best method of introducing government action, but 
 more careful investigation must first be had. In order that any 
 attempt at fixing a minimum wage should be successful, if such 
 an attempt were made before the conditions were very thoroughly 
 understood, the law would probably degenerate into a dead letter, 
 which would be worse than no action at all. 
 
 QUESTIONAIRE ON WaOE PrOBLEM 
 
 539 
 
 Question No. 6 
 
 If the establishment of a minimum wage is desirable should its 
 application be limited to women and minors ? A. Why ? 
 
 D, B. Armstrong 
 Although the minimum wage is an expedient measure and along 
 with better pay, short hours, welfare work in factories, etc., is 
 palliative and not truly corrective, I can see no reason why it 
 should be limited to women and minors. 
 
 O, L. Amer 
 
 No. Economic laws apply with equal force to all workers. 
 The male worker can no more govern his wage than can a child 
 of 12, unless he possesses organizing or directing ability and can 
 lift himself out of the ranks of what is commonly r^arded as 
 the working class. 
 
 Gertrude Barum 
 No. All should be protected by this law. 
 
 George Gordon Battle 
 
 I do not believe the establishment of a minimum should be lim- 
 ited to women and minors, although perhaps it might be tried 
 first for their benefit, as they are the more helpless classes of the 
 community. 
 
 Emma B. Beard 
 
 Na Because many children are forced out of school and into 
 industry and many women are compelled to n^lect their homes 
 and children by going to work in order to supplement the male 
 wage earners' income. The test case now being used to prove the 
 constitutionality of the law prohibiting night work for women is 
 but one instance of this. 
 
 Holmes BecJcwith 
 
 Sex lines should not limit such legislation. The difference is 
 one only of degree. Constitutional and other l^al barriers will 
 probably be less for legislation of this sort for women and children 
 than for men also. 
 

 t 
 
 I. 
 
 t; 
 
 * i 
 
 (i 
 
 ■^ 
 
 i 
 
 I ■' 
 
 i ^ 
 
 i 4 
 
 
 i 1 
 
 540 
 
 Appendix III 
 
 Harry Best 
 
 Yes, as a beginning, because it is experimental, and women and 
 minors are confessedly in greater need. 
 
 Boy G. Blahey 
 
 I would limit the application of the minimum wage to women 
 and minors in the beginning. It has already been mentioned 
 why they are particularly liable to exploitation and conditions 
 are at present worse with them than with men, as least so far as 
 the interests of society are concerned. But the same logic which 
 would make it apply to them could be applied to men in some 
 cases, through usually the necessity or exigency is less urgent. 
 After we see how it works in the case of women and children 
 we will be in a better position to know what to do and how to do it 
 as regards men. 
 
 Edward M. Brewer 
 
 I am very much opposed to the establishment of a minimum 
 wage, whether limited to women and minors or working men. 
 
 J. L, Burritt 
 
 The establishment of a minimum wage would work an injury 
 to women and minors as well as to male employees, and for identi- 
 cally the same reason. 
 
 Charles L. Chute 
 It should apply to all workers, regardless of age or sex. 
 
 Victor 8, Clark 
 Principally to women and minors, and to adult male workers 
 in occupations subject to the competition of women and minors 
 and presenting obstacles to trade organization. 
 
 Miles M. Dawson 
 
 Though I am of the opinion that the principal value of the es- 
 tablishment of the minimum wage will be realized in the case of 
 women and minors, I do not think that it ought to be so confined. 
 I am of this opinion because on principle I do not think such 
 limitation could be defended, and also because there have been 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 541 
 
 serious mischiefs at times when there was great unemployment, 
 in the matter of beating down the wages of adult males below the 
 point which would enable them, even if fully employed, to main- 
 tain themselves independently. 
 
 Carroll W. Doten 
 
 At present I assume that it would not be constitutional in our 
 American states, except in the case of women and children. 
 
 Eliza P. Evans 
 The poorly paid class of working men need a minimum wage 
 law as badly as do women and minors. I see no reason for any 
 sex distinction, except to get the law within the police power, and 
 I believe the sooner we can bring our courts to see that men as 
 human beings are entitled to the protection of the police power 
 of the state in the broader sense, the better for human legislation. 
 If the same results can be accomplished through organization, 
 then it is better to do without minimum wage legislation, even 
 though the organization method take longer to accomplish the 
 same results. But minimum wage legislation will tend to better 
 the condition of the great class of persons who are not ready for 
 organization, and who ought not to be allowed to suffer while they 
 are being educated for organization. 
 
 Joseph Frey 
 At first, yes, because tliis would be simpler and easier. 
 
 0. E. Gardiner 
 
 Where trade union organization exists or is available, no mini- 
 mum wage fixed by outside authority is desirable. This would, 
 to a large extent, confine the operation to women and minors, 
 with whom and where or when, for any reason union organiza- 
 tion is impracticable. The difficulties attending successful organi- 
 zation in their cases are sufficientlv obvious. 
 
 F. H. Gilson 
 
 No. 
 
542 
 
 Appendix III 
 
 WUliam P. Gone 
 
 The limiting of a minimum wage to women and minors would 
 be of advantage on legal grounds and because the damage might 
 be less extensive — women and minors are more likely to have 
 someone, aside from the poor department, to support them, if they 
 lost their positions; but as a practical matter, women and minors 
 would undoubtedly be the ones most affected in any case. 
 
 Bolton Hall 
 
 The minimum wage should not be limited to women and minors. 
 Why should it be ? If it is an efficient remedy, all need it. 
 
 W. R, Heath 
 
 Certainly the government should be more solicitous with refer- 
 ence to the wards of the State than people presumed to be capable 
 of taking care of themselves, and should be more solicitious of 
 the mothers of society than of men. The principle, however, of 
 State interference as a last resort should prevail. 
 
 Mary Alden Hopkins 
 No, because 
 
 1. Unskilled laborers are frequently unorganized. 
 
 2. Skilled laborers can raise wages frequently only by strikes 
 
 and violence. 
 
 W. T, Jachman 
 
 No. Men are equally powerless in the face of the present indus- 
 trial system. 
 
 Alvin 8, Johnson 
 
 The principle of the minimum wage should not be limited to 
 women and minors, although most obviously needed in industries 
 employing large numbers of women and minors. 
 
 Wilford I. King 
 
 Yes — '■ if at all. 
 
 QUESTIONAIEB ON WaGE PrOBLEM 
 
 643 
 
 D. D. Lescohier 
 
 A minimum wage law should not be limited to women and 
 minors. I believe that the problems of our wage situation for 
 the adult male with a family dependent upon him are a good deal 
 more pressing that the problems with respect to women and 
 minors. In the various states where minimum wage commissions 
 are promulgating wage rates they are establishing rates for im- 
 mature girls and young women which are almost as high as the 
 wages of adult males with families dependent upon them in those 
 same states. I cannot believe that if a department store girl is 
 worth $9 a week to her employer, a man in his full strength and 
 giving his life permanently to industry and with a family de- 
 pendent upon him is receiving a proper wage at $12 a week. 
 
 William H, Lough 
 
 As the first step, I should advocate a minimum wage limit to 
 women and minors. After it has been tested and the principle 
 has become established, it will be easy to extend it by degrees to 
 men. It is desirable in making any such changes to avoid dis- 
 turbing industries unnecessarily. 
 
 Benjamin C. Marsh 
 
 For the present at least, the establishment of the minimum wage 
 should be limited to women and minors, because neither of these 
 have votes to influence l^slation and to secure the elimination of 
 privilege and the repeal of laws which prevent competition for 
 labor and, therefore, increase in rates of wages. 
 
 David A, McCahe 
 
 At present, it should be limited to women and minors, and this 
 because it would be in this country experimental legislation and 
 because of constitutional difficulties. I think it would be better to 
 try it first in the restricted field. In principle, however, the fam- 
 ily living wage is the soundest aim, and it would involve l^al 
 minimum wage rates for adult males as well. 
 
 George A. McKinloch 
 
 I think there should be no limitation to the application of the 
 minimum wage when established. 
 
I' 
 
 f 
 
 I 
 
 i: 
 If 
 
 f 
 
 544 
 
 Appknthx tit 
 
 Henry T, Noyes 
 
 In our industry we think that the minimum wage is desirable 
 for all employed. We believe that this plan gives better satisfac- 
 tion and contentment to both employee and employer. It insures 
 the employees a wage very close to their requirements and also as- 
 sists the employer in automatically selecting people who are 
 adapted to the work in the establishment. We think that the men 
 are just as much aifected, and sometimes more, than women and 
 girls in our industry, especially married men as against pin-money 
 workers. 
 
 Almus Olver 
 
 Emphatically '' No." 
 
 Alfred E. 0mm en 
 
 IHscrimination for any class is undesirable. If the establish- 
 ment of a minimum wage is a wise thing to do, it should extend 
 to all classes of workers, and standard prices for work done should 
 also be established to meet the standard of wages. 
 
 Edward I). Faye 
 
 WTiat I have said above would militate against the establishment 
 of a minimum wage by statute for anybody. 
 
 Maurice Parmelee 
 
 Assuming the desirability of the minimum wage, I would say 
 that, while the underbidding of adult male workers by women and 
 minors at the present time may appear to make the mininuim wage 
 of special importance for women and minors, f am quite sure that, 
 in the long run, and probably at present as well, the minimum wage 
 is of as much if not more importance for the adult male workers. 
 I would say that minimum \vage legislation should, as a rule, he 
 applied to the whole wage-earning class and not to special groups. 
 By this, of course, I do not mean that there should not be differ- 
 ences between different trades. 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 545 
 
 Raymond V. Phelan 
 Yes, at least for the present. 
 
 a. The need of the minimum wage is more clearly established 
 
 with respect to women and children. 
 
 b. We need experience and education in the matter of state 
 
 fixation of wages. 
 
 Harrison B. Smith 
 
 AVomeu and minors should be no more protected than men and 
 adults. 
 
 0. F, Steele 
 
 The establishment of a minimum wage should be limited to 
 women and minors. 
 
 H, K. Thomas 
 I can see no reason why the wages of women should not be de- 
 termined by the same factors as I have mentioned under Question 
 1. The same thing may well apply to minors except that from a 
 psychological viewpoint, it may not be desirable to place com- 
 paratively large sums of money in the hands of young persons 
 who are without any responsibility. 
 
 TV. //. Thompson 
 If established, it should be applied to every worker alike regard- 
 less of age or sex ; if not, employers would cater to those not af- 
 fected by the law, whom they could exploit the most. 
 
 A, C, Vandiver 
 The establishment of a minimum wage should not be limited in 
 its application to women and minors but should be extended to 
 all workers without regard to sex or age. 
 
 0. /. Weeks 
 
 If a minimum wage should be enacted, I see no reason why 
 women and minors should not be protected by its benefits as well 
 as men. 
 
 Vol. 1 — 18 
 
' 
 
 iif 
 
 i 
 
 ,;t 
 
 \ 
 
 !|- 
 
 • t, 
 
 546 
 
 Appendix III 
 
 Ansley WUcox 
 Not believing in the establishment of a legal minimum wage for 
 any class, I cannot answer your sixth question directly. There is 
 more excuse for talking about this in the case of children, and 
 even of women of all ages, that in the case of men ; but, after all, 
 the reasons for any such distinction are inadequate, and no such 
 distinction should be mada 
 
 Momay Williams 
 I would say that when conditions have been arranged, it is 
 probable that the minimum wage should first be made applicable to 
 the cases of women and minors, for the reason that the tendency 
 of the courts to preserve the right of private contract would be less 
 likely to operate against the determining of such a scheme as the 
 fixing of the minimum wage to be unconstitutional in the case of 
 these workers than in the case of men. 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 547 
 
 Question No. 7 
 
 K you believe in the establishment of a minimum wage by gov- 
 ernmental action, what administrative agency should fix the mini- 
 mum? 
 
 a. How should such body be composed (numbers and per- 
 
 sonnel) 
 
 b. How chosen and appointed ? 
 
 c. How financed (appropriation, salaries, expenses, services, 
 
 etc.)? 
 
 d. What powers (as subpoena, administration of oath, right to 
 
 enter, examine books, etc.) should be granted? 
 
 e. Upon what grounds should investigations be initiated ? 
 
 f. Should the minimum wage when declared be made compul- 
 
 sory, or if not, how shall observance be secured 'i 
 
 g. What limitations, if any, should be imposed upon its rulings ? 
 h. Should there be any subordinate advisory body (as the wage 
 
 boards for special industries in Massachusetts) ? 
 i. How should such advisory body or wage board be consti- 
 tuted? . 
 j. How chosen and appointed ? 
 k. What should be its functions ? 
 1. What compensation, if any, should be given members ? 
 
 Lloyd V, Ballard 
 
 A body like the Interstate Commerce Commission as to num- 
 ber, personnel, powers, method of appointment, salaries, etc., could 
 well administer a law of this sort, i. e., a law fixing an efficiency 
 wage and providing for its enforcement. 
 
 L. Bamet 
 
 If a minimum wage be established by governmental action, the 
 Massachusetts plan carries with it fewer objectionable features 
 than any other. 
 
 George Gordon Battle 
 
 The administrative agency required to fix the minimum wage 
 should have broad powers subject to review by the courts only upon 
 the ground that the minimum wage had been fixed so high as to 
 amount to confiscation of the property of the employers interested. 
 I think that such commission should be appointed by the Governor 
 of the State, subject to confirmation by the Senate. Its expenses 
 
548 
 
 Appendix III 
 
 \ 
 
 r 
 
 should be met by the State. It should have powers of subpoena, 
 administration of oath, and the right to enter and examine books. 
 Investigations should be initiated upon some responsible verified 
 complaint or petition, or upon the motion of the Commission it- 
 self. The minimum wage, when declared, should be made com- 
 pulsory. The limitation upon the rulings of the Board should be 
 as I have indicated. There might well be subordinate advisory 
 bodies, i. e., wage boards for special indiistries. These advisory 
 bodies or wage boards should be appointed by the main body of 
 the commission. The function of the advisor^' body or wage board 
 should be to examine conditions in or relating to the particular 
 industry to which it might be assigned, under the direction of the 
 Commission. Its members should receive reasonable compensa- 
 tion. In general, it seems to me that our Workmen's Compensa- 
 tion Commission affords a fairly good model from which such a 
 body, for the purpose of establishing minimum wages, with subor- 
 dinate advisory boards, might be constituted. 
 
 Harry Best 
 
 a. This is not a vital point. I should favor a commission of 
 
 about five members, of whom one might directly represent 
 employers, one directly the workers, a third a professor of 
 economics in a university, a fourth a practical social 
 worker, and a fifth a business man. 
 
 b. By the Governor, with confirmation by the Senate. 
 
 c. Moderate salaries and expenses. 
 
 d. Practically full powers. 
 
 e. Upon a demand of evil conditions from the workers or the 
 
 public. 
 
 f. Compulsory for " parasitic industries,'' and by advertisement 
 
 of others. 
 
 g. Limited judicial examination and review. 
 
 Roy G. BlaJcey 
 
 I have not worked out in detail in my own mind just how a 
 minimum wage law should be administered, and this is the most 
 important point of all, for if not properly administered the best 
 of laws will be failures. This is where we have failed and con- 
 tinue to fail most frequently. Failure in administration is per- 
 haps the biggest indictment against our governments, from federal 
 
 Q1TE8T10NAIRE ON Wage Problem 
 
 549 
 
 government down, and especially in State and municipal adminis- 
 tration. Most of our laws break down at this point. 
 
 I think there should be a comparatively small central commis- 
 sion, composed of really competent men, removed from all sus- 
 picion of political taint. Perhaps it is almost necessary to have 
 upon it some one closely connected with labor and some one who 
 understands the employers' point of view, but they should be men 
 of large caliber and not narrow partisans ; they should remember 
 that they are representing the public, the State, and not consider 
 themselves advocates, the one for labor and the other for capital. 
 Besides these, I think it would be well to have on this small board 
 a big caliber economist, not merely a book man but a real econo- 
 mist, with some practical experience, broad training and a wide 
 outlook and good common " horse sense." 
 
 This central board should have the assistance of advisory boards 
 for special industries and all should have broad powers, powers of 
 subpoena, to administer oaths, right to enter, examine books, etc. 
 
 Both workmen and employees should be given proper hearings 
 and rights of appeal, but there should be no limits upon final rul- 
 ings other than our usual constitutional guarantees. It is of very 
 great importance that appointments be so saf^uarded that capa- 
 ble and public-spirited men will serve and will be free from 
 partisan politics. 
 
 Charles L. Chute 
 
 I favor the system being successfully applied and extended in 
 England. 
 
 Victor 8, Clark 
 Detailed answers to these questions cannot be given, because 
 they would be affected by local conditions in different places. In 
 general, I should say it would be wise to follow the experience of 
 the State of Victoria and probably of Great Britain. 
 
 Miles M, Dawson 
 
 I should personally be in favor of the establishment of minimum 
 wage by legislative act, but if that is not acceptable, would not 
 oppose the establishment of a commission, preferably in my opin- 
 ion to be composed of three persons: one, a representative em- 
 
 it '! 
 
m 
 
 . .1 
 
 I' I. 
 
 I 
 
 550 
 
 Appendix III 
 
 ployer; one, a representative employee; and one either a citizen 
 selected on account of particular fitness because of his interest in 
 civic matters or a judge known to be fully in line with the most 
 important advances in social legislation. If such commission is to 
 be created, it should be appointed by the Governor, with expenses 
 paid by the State, and if it is to investigate, should have the pow- 
 ers suggested in subdivision D of the question and should initiate 
 such investigations wherever it deems it wise and proper. The 
 minimum wage when so declared should be compulsory, and viola- 
 tion should be punished by fine or imprisonment. I have given 
 no consideration to the matter of whether an advisory body should 
 also be appointed. 
 
 Carroll W, Doten 
 
 I am not prepared to go at length into the details as to how 
 the minimum wage should be determined, but I assume that some 
 modification of existing laws, such as that in Massachusetts, might 
 serve as a workable plan. I think the Massachusetts law is less 
 efficient than it might have been if there had not been such stren- 
 uous opposition to its passage. It was made what it was in order 
 that it might not be killed by this opposition. Doubtless it will 
 be strengthened from time to time and finally become an effective 
 measure. 
 
 Elizabeth Butcher 
 a. Body to be composed : 
 
 1. Minimum wage commission (appointed by Governor). 
 
 3 representatives of labor (at least one a woman). 
 3 representatives of employers. 
 3 social workers (as representing the " public ") (at 
 least one a woman). 
 
 2. Trade wage boards. 
 
 3 employees. 
 3 employers. 
 3 social workers (women as above). 
 
 c. Expenses only. 
 
 d. All powers indicated. 
 
 e. Upon a written request from 25 employees in a trade. 
 
 f. Compulsory. 
 
 g. Exemptions should be arranged for apprentices, for the aged, 
 
 and certain kinds of defectives (crippled and blind), 
 h. Yes — wage boards for special industries, 
 i. As indicated above. 
 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 551 
 
 j. Chosen by Minimum Wage Commission from candidates 
 
 nominated by members of the trade. 
 k-.l. As above, except where employees give their time to such a 
 Board, and there is no trade union to recompense them. 
 Under such circumstances, they should each be allowed to 
 charge $2 a day and traveling expenses as part of legit- 
 imate expenses of Commission. 
 
 Eliza P. Evans 
 
 While the Minnesota law provides for a commission of three 
 persons, a commission of five would be better, — adding to our 
 law a person representing the public and particularly trained and 
 interested in economic problems. Add also an employer, who is 
 not an employer of women. Often the successful business man 
 who comes in contact only with men views the industrial prob- 
 lem in a much broader way than does the man who employs 
 women. 
 
 A wage commission should be kept out of politics as much as 
 possible and how to do this I don't know, for all methods fail at 
 times. The commission should work in conjunction with the 
 State Labor Department and thereby save the expense of dupli- 
 cation of work. The amount of the appropriation would depend 
 on the character of the field to be covered. North Dakota would 
 not need as much money as Massachusetts. We can get along here 
 on $5,000 but could do better work if we had $8,000. 
 
 A secretary or other paid worker who will take charge of the 
 work of the commission and be responsible for what is done, to- 
 gether with an assistant, a stenographer and a statistician (the 
 latter is only needed part of the time) are absolutely necessary 
 if any amount of good careful work is to be done. Of course if 
 the commission could use the persons employed in the labor de- 
 partments the salaries of these people could be used for other 
 work. 
 
 The wage commission should have full power to subpoena wit- 
 nesses, administer oaths, the right to enter places of employment 
 and the right to examine books. There should be a provision in 
 every minimum wage law requiring all employers to make an 
 annual report to the wage commission, the form of said report to 
 be prescribed by law and the said report to cover the items of 
 wages, hours, number and age of employees, and number of ap- 
 
II 
 
 . ) 
 
 i' 
 
 i 
 
 552 
 
 Appendix 111 
 
 prentices and learners. The gathering of this information is 
 exj>ensive and slow, while the expense of making a report is almost 
 nothing to each employer. 
 
 Section 3 of the .Minnesota law should be so amended as to re- 
 quire the keeping of the age of the employee. 
 
 A more definite measure for the wages of apprentices and 
 learners should be fixed (see section 8 of Minn, law.), if the intent 
 of the law is to pay learners and apprentices a less wage than 
 workers of ordinary ability. 
 
 Se'ction 2 of the Minnesota law is very satisfactory. 
 
 The wage commission should be allow^ed to fix wages and hours. 
 Section 5 of the Minnesota law places a very good limitation upon 
 the powers of the commission. 
 
 Wage boards are not very satisfactory at first, but I believe 
 they can be developed into a very useful advisory body, particu- 
 larly after we are sure that minimum wage legislation is constitu- 
 tional. Until that time I believe the employers are bound to 
 refuse to co-operate for fear of committing themselves to the 
 minimum wage idea. Employers and employees should be rep- 
 resented on each wage board and a member of the wage conmiis- 
 sion should attend all meetings of wage boards. Otherwise most 
 of the information brought out at such meetings is lost. A few 
 representatives of the public make the wage board better because 
 of their disinterested point of view. 
 
 The wage commission should have the power to appoint the 
 wage boards. Employees from industries directly affected will 
 never be free to help much on wage boards because of fear of the 
 employer. We find that women who will represent the employees 
 and who are not affected by the action of the wage board can much 
 better represent the employees than can the employees themselves. 
 
 The functions of a wage board should be to make recommenda- 
 tion of wages after due investigation and recommend period of 
 time for apprenticeship. 
 
 All members of the wage commission should receive a per diem 
 rate for time actually spent on minimum wage work. The mini- 
 mum wage idea is that the laborer who is worth hiring is worth 
 decent compensation. It is hard to find public servants who will 
 do their duty well and free of charge. 
 
 QUESTIONATRE ON WaGE PrOBLEM 553 
 
 Joseph Frey 
 Commission by state, or if possible by nation. 
 
 0, E. Gardiner 
 
 The administrative agency should consist of a body composed 
 of selected representative employers and employed, acting under 
 State supervision and control. This body would decide to what 
 industries the minimum wage legislation should apply, and, work- 
 ing with subordinate bodies similarly constituted for each 
 scheduled industry, would operate the law. 
 
 W, R, Heath 
 
 I do not believe in the establishment of minimum wage by 
 governmental action at this time. I believe it would be highly 
 detrimental. However, I believe that what good people wish to 
 accomplish by the minimum wage is right, and I believe that 
 State should through an investigating commission ascertain the 
 facts and encourage the gradual advance in wages of certain in- 
 dustries, and such commissions should have sufficient power to 
 make their suggestions felt with industries that may need pres- 
 sure. There is quite as much work to be done, however, with and 
 for the employee as with the employer if we are to come to any- 
 thing like a fair solution of the great industrial problem in its 
 relation to the employee, and the employer and society as a whole. 
 
 Belle Lindner Israels 
 
 a. Men and women representing capital, labor and general 
 
 public. 
 
 b. By Governor of State. 
 
 d. Full powers. 
 
 e. Joint requests from workers and employers where organiza- 
 
 tions exist. 
 
 f. Compulsory, of course. 
 
 g. Apprenticeship with efficiency standards. 
 h. Yes. 
 
 i. From organizations of employers and employees wherever 
 
 possible, 
 k. To determine equitable standards of wages. 
 1. Per diem and traveling expenses. 
 

 ■ 
 
 t: 
 
 pi 
 
 !i 
 
 i 
 
 554 
 
 Appendix III 
 
 W. T, Jackman, 
 
 In most cases, it would be better to leave the fixing of the mini- 
 mum wage to some body appointed by the State Legislature. It 
 should consist of, perhaps, five persons; one a representative of 
 labor, one a representative of the employers, one an economist, one 
 a social worker, and an able judge as chairman. Their salaries 
 should be generous enough to place them beyond the reach of in- 
 fluence by either side; but along with a suitable salary, there 
 should be honor involved in the proper discharge of public duties. 
 When the minimum wage has been decided, it should be made 
 compulsory, subject, of course, to the rulings of the State 
 Supreme Court. No subordinate advisory body should be neces- 
 sary in most cases, and the simpler the administration the more 
 effective it would be. 
 
 Alvin 8, Johnson 
 
 The administration of the minimum wage should be vested in 
 a board of not more than five persons, representing the interests 
 of labor and capital, and of the general public. It would be desir- 
 able to have the board consist of representatives of the trades 
 affected, but at the outset this would be impracticable, since 
 neither employers nor employees have an organization, nor can 
 they easily effect one. Probably the best immediate plan would 
 be the appointment of four members of the board by the Governor 
 of the State, from lists of nominations submitted by the trade 
 unions and by the commercial organizations, the four to appoint 
 a fifth, neither an employer nor an employee. Salaries should be 
 sufficient to command a high degree of ability, and liberal appro- 
 priations for investigations would be requisite. Right to subpoena 
 witnesses and take testimony under oath, to examine books, etc., 
 would be indispensable. Investigations might be initiated at any 
 time by the board; if advisory boards were constituted (and this 
 should be done as soon as possible in each industry subject to the 
 act) such investigations might best be initiated by the advisory 
 boards. 
 
 The minimum wage when declared should be made compulsory. 
 
 The advisory boards should consist of equal numbers of em- 
 ployers and employees in the trade affected. They should be 
 elected, and should receive no other compensation then expenses 
 
 QUESTIONAIBE ON WaGE PeOBLEM 
 
 555 
 
 and a per diem suffixjient to keep service on the board from being 
 onerous to the representatives of the employees. The function of 
 such boards should be chiefly to initiate investigations by the ad- 
 ministration board. Ultimately, however, it would be desirable 
 that the advisory boards develop into the chief machinery for 
 determining the minimum wage. 
 
 H, P, Lansdale 
 
 Should a minimum wage be established, I think it ought to be 
 greatly limited although the governmental board established ought 
 to have full power along the line of investigation. 
 
 D. D. Lescohier 
 
 I am somewhat in doubt (as indicated in my answer to question 
 number four) as to just what sort of a govemiftental organization 
 should handle the minimum wage question. I seems to me that 
 the simplest problem of all the problems is that of establishing the 
 wage. In a country where we have been able to work out the 
 regulation of gas and electric rates, railroad freight rates and 
 hours of labor, and other labor legislation, I do not believe that 
 there is any practical difficulty which will prevent us from de- 
 termining what is a proper minimum standard of wages for any 
 given type of workers when a properly qualified commission takes 
 up the study of that question. Such commission should have 
 complete power of investigation. It should be appointed for a 
 long term of office, and if possible, under some system of civil 
 service. It should be composed of not more than three persons 
 and should be able to hire such expert technical assistance as it 
 needs and it should have the right to investigate on its own initia- 
 tive and to promulgate wages on its own initiative as well as on 
 the request of interested parties. I think that a minimum wage, 
 if established, should be made compulsory. Recourse should be 
 open to the courts upon questions of law. 
 
 The commission should have the widest possible powers of dis- 
 cretion in the appointment of such boards as the advisory boards 
 now used in Massachusetts and other states, and I would call your 
 attention to the provisions of the Minnesota law as being quite 
 

 I! 
 
 
 
 \ 
 
 ii 
 
 556 
 
 Appendix III 
 
 suggestive of the way any such boards might be chosen and 
 constituted. 
 
 To me, however, the real problem appears to be the problem of 
 compelling all employers affected to comply with the provisions 
 of the minimum wage law so that every employer who was com- 
 plying could know certainly that his competitors were also comply- 
 ing, and the dishonest or law defying employers were not obtain- 
 ing a competitive advantage of him by violation of the law. If 
 in the interests of the workers we are going to compel the em- 
 ployer to pay a certain minimum wage then we should in justice 
 to the employer see to it that no honorable and law abiding 
 employer is exposed to the cut throat competition of some em- 
 ployer who is violating the law. Furthermore we will have to 
 work out the problem on a wide basis because if we compel an 
 employer engaged in manufacturing a given product to pay a 
 certain minimum wage, we must see to it that we compel employers 
 in other lines of business but selling a competing product to pay 
 a like rate so that they may not win the market away from him. 
 For instance we may conceive a manufacturer of jewelry is com- 
 peting with a manufacturer of women's waists for a sale to a 
 woman. Now if one or the otlier of these is compelled to manu- 
 facture at a comparatively high labor cost, the other may be able 
 to make so low a selling price as to get the market away from an 
 employer whom we at first thought would not think him to be 
 competing with. 
 
 William H. Lou{]h 
 
 The proper agency to fix a general minimum wage is the State 
 Legislature. There is no occasion to my mind for an administra- 
 tive body investigating separate industries and fixing or attempt- 
 ing to fix different standards for different industries. The idea 
 of creating such an agency is based on the fallacy that the mini- 
 mum wage will benefit working men. 
 
 Benjamin C. Marsh 
 
 a. there should be at least two bodies ; one to have jurisdiction 
 
 in cities of the first and second classes, in the State, and 
 another for the rest of the State. • 
 
 b. The members should be selected from the Civil Service list. 
 
 The Civil Service Commission should prepare the ex- 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 557 
 
 ami nation for candidates after careful consultation with 
 manufacturers, labor leaders and those engaged in social 
 work. 
 
 c. The cost should be met by the State through an annual ap- 
 
 propriation. The salaries should be adequate but dif- 
 ferent for the two different classes, while expenses, of 
 course, should be met. 
 
 d. The powers mentioned should be granted. 
 
 e. Investigation should be initiated upon request either of 
 
 manufacturers or workers themselves. 
 
 f. Minimum wages when determined should be made com- 
 
 pulsory, subject to change, if conditions change. 
 
 g. The rulings of the commission should be final. 
 
 h. The creation of subordinate bodies, as suggested, seems wise. 
 
 i. These advisory bodies should be constituted of representa- 
 tives of employers and employees in the various in- 
 dustries. 
 
 j. They should be selected by representatives of employers and 
 employees of each industry. Their functions should be 
 to give advice either voluntarily or when called upon by 
 the administrative commission ; but should not receive any 
 compensation, merely expenses if obliged to travel. 
 
 David A, McCahe 
 
 a. I should favor a small body, three or five, one of whom must 
 
 be a woman and one an employer or representative of the 
 employing interest generally. 
 
 b. By the Governor or the courts. The board must be kept free 
 
 of party considerations. 
 
 c. The appropriation should be adequate for the needs of the 
 
 board or commission; if possible, the amount should be 
 variable, with the needs of the commission. 
 
 d. Full power, such as a court has. 
 
 e. Upon representation by responsible parties that the wages 
 
 are below what can be considered a living wage, for a 
 considerable proportion of the workers in that branch of 
 industry. 
 
 f. Compulsory. 
 
 g. No appeal on the facts (as to what the wages actually are). 
 h. A subordinate body for each occupation investigated. This 
 
 body should investigate and recommend to the board or 
 commission. 
 
 i. It should be made up of workers, employers and representa- 
 tives of the public in equal parts. It should aim, as far 
 as possible, at securing an agreement between the em- 
 
558 Appendix III 
 
 ployers and workers on this sub-commission as to what 
 the minimum rates should be. In case piece rates are to 
 be set some such body would seem to be essential. I 
 should await recommendations from the board or commis- 
 sion on " j," " k," and " 1 " as to the subordinate body. 
 
 George A, McKirdocJc 
 In regard to an agency by which the minimum wage should be 
 established, I think that it might be done by a commission made 
 up of those interested in each industry on which the employers, 
 workers and the Government would be represented. 
 
 Henry T, Noyes 
 
 While we believe in a minimum wage in general we are not 
 prepared at present to advocate any definite Government action 
 covering all industries. 
 
 Almtis Olver 
 There should be a board appointed with powers to hear argu- 
 ments, fix wages and enforce obedience to its decrees. The de- 
 tails of this I have not had time to consider fully but briefly 
 I should say that: 
 
 a. The board should be composed of a representative of the 
 
 labor organizations, a representative of the manufacturers' 
 associations, a capable social worker, an attorney of ap- 
 proved standing and ability and such other representative 
 citizens as might be deemed advisable. 
 
 b. Appointed by the Governor. 
 
 c. Financed by State appropriation. 
 
 d. They should have powers of subpoena, administration of 
 
 oath, power to examine books and such other powers as 
 might make it advisable for them to most fully arrive at 
 a just conclusion. 
 
 e. Investigations should be initiated upon request by petition 
 
 of a certain number of workers in any particular industry. 
 
 f . It must be made compulsory. 
 
 g. There should be no limitations to rules, except where same 
 
 might conflict with established statutory restrictions or 
 constitutional inhibitions. 
 h. I do not deem a subordinate advisory board necessary. 
 
 Qdestionaibe on Wage Problem 
 
 559 
 
 Alfred E. Ommen 
 
 I find that the members of the Typothetse are not in favor of 
 Governmental action fixing a minimum wage. 
 
 Should it, however, be done, then the answers to the subdivisions 
 of question 7 are as follows: 
 
 a. Two employers, two employees, one merchant, the latter not 
 
 interested in the industry represented. 
 
 b. Preferably by the organizations of employers and employees, 
 
 the fifth man to be selected by both sides. 
 
 c. The manufacturing and business concerns of the State have 
 
 burdens enough, and if such a proceeding were desirable 
 then it should be paid for by the State. 
 
 d. e, f, g, h. The State should not have the right to examine 
 
 the books and accounts of the individual, simply because 
 he happens to be an employer. It might just as well ex- 
 amine the wage earner as to his manner of living and 
 insist upon his living in a different way or spending his 
 money only in a certain manner. 
 
 This whole proposition seems to be aimed at the employing 
 class in favor of the working class without any reason for it. If 
 a minimum wage were established, it should be suggestive, rather 
 than compulsory. A compulsory law would necessitate main- 
 taining or creating an expensive set of officials of whom the State 
 seems to have too many already. An advisory board would not 
 be necessary, but if it were established then it should consist of 
 equal representatives of employers and employees. 
 
 In order for such a law to work equitably, it would appear that 
 it should be a national and not a State law. If there was a mini- 
 mum wage law in the State of New York compelling employers 
 to pay minimum wages to inefficient employees, which minimum 
 was, say $10 a week, while in New Jersey and Connecticut there 
 was no such law, the manufacturer in the other State could easily 
 undersell and underbid the manufacturer in the State of New 
 York and produce his product at less cost. 
 
 A great deal of printing is now sent out of New York to other 
 parts of the country because it can be produced cheaper on account 
 of lower wages. Wages in the printing industry is the most im- 
 portant item in the cost of production. There never was a time 
 when there was less efficiency among workers than there is to-day. 
 
560 
 
 Appendix III 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 561 
 
 I '» 
 
 \\ 
 
 
 Much of this has been caused by paternal legislation, such as this. 
 There seems to be a tendency to destroy initiative and hard work. 
 Our country became prosperous without these laws. To pay a 
 young man or young woman a minimum wage whether they do 
 good work or not will generally result in their not doing good 
 work. It puts a burden on the man and woman who have real 
 ability and are willing and anxious to get on. The wages of the 
 efficient will have to come down in order to pay the wages of 
 the inefficient. Under the present system, many concerns in slack 
 times carry employees along even though there may be little to 
 do, but under a minimum wage the moment there was only enough 
 for the efficient the inefficient would be thrown out of employment. 
 
 Maurice Parmelee 
 
 I am not prepared to answer most of these questions specifi- 
 cally. I would only suggest (in connection with i) that an ad- 
 visor>^ or wage board should invariably include one or more 
 trained economists and sociologists. 
 
 Raymond F. Phelan 
 
 a. A commission of three members: representing employer 
 
 class, employee class, a State labor officer. 
 
 b. Appointed by Governor. 
 
 c. Appropriation, actual expenses to commissioners, a paid sec- 
 
 retary. 
 
 d. All powers of subpoena, etc. 
 
 e. Commission should make an initial investigation (prefer- 
 
 ably through tri-party wage boards) of each occupation, 
 and subsequent investigations upon request of workers, 
 employers, or citizens. 
 
 f. Depends upon attitude of State's courts. Compulsory where 
 
 feasible, otherwise publicity as a penalty. Publicity has 
 the peculiar moral value of throwing enforcement upon 
 consumers. 
 
 g. Court appeal on questions of law. 
 
 h. Yes, subordinate boards help to facilitate administration 
 and are of marked educational value. 
 
 i and j. By appointment by conamission upon nomination of 
 workers, employers, and the public, or without such 
 nominations if they are not forthcoming. Repre- 
 sentatives of the public should be comparatively few 
 in number. 
 
 1. The public viewpoint is rare in the United States. 
 
 2. The public viewpoint is often misunderstood to be 
 
 pro-worker in its outlook. 
 Three supposed representatives of the public on Min- 
 nesota wage boards proved to represent the old, conserva- 
 tive, narrow-minded eighteenth century employer view- 
 point 
 k. Investigative and recommendatory. 
 
 1. No compensation for members but the use of investigators 
 and office help to be supplied by the commission. 
 
 Harrison B. Smith 
 
 1 have not sufficient information to suggest answers to these 
 questions except that if Government proposes to intervene be- 
 tween labor and capital, it must not limit the benefits of its inter- 
 vention to that particular laboring class which happens to be 
 organized. This is the danger which legislative bodies have not 
 seen, and which is wrecking the good intentions of those who are 
 undertaking to solve these problems. I believe fully in the organi- 
 zation of labor, and I believe in the governmental protection, of 
 labor, but I do not believe in the protection of labor organizations 
 as such. 
 
 Florence Simms 
 
 a. A commission of three or five members. Surely one woman 
 
 should be on the conmiission, and if possible she should be 
 from a labor organization. The employers, the workers 
 and the public should all be represented. 
 
 b. By the Governor. 
 
 c. By annual appropriation. 
 
 d. All of the authority mentioned. 
 
 e. Upon the initiative of the conmiission or on petition by out- 
 
 siders. 
 
 f . It should be compulsory. 
 
 g. Subordinate advisory bodies such as Massachusetts has, 
 
 would be advisable. 
 
 G. F, Steele 
 
 An Industrial Commission should be created in each and every 
 State, to take complete charge of matters relating to compensa- 
 tion insurance, labor, and wages. Such a body should be com- 
 posed of appointees of the Governor of the State, and should not 
 
> . 
 
 : ^ 
 
 iiW' 
 
 hi 
 
 I'' 
 
 ill 
 
 ill 
 
 562 
 
 Appendix III 
 
 be more than three in number. This commisBion should be paid 
 an adequate salary, to attract high-grade men to this position. 
 They should have full powers, as stated in your question. 
 
 W, H, Thompson 
 
 The legislative body should set the wage, based upon recom- 
 mendation of the commission making the investigations. 
 
 a. About the number now on commissions ; at least three-fourths 
 
 of them to be selected from the workers themselves. 
 
 b. Preferably, elected by the people. 
 
 c. By appropriations from the state funds. 
 
 d. Equal to that of the highest courts. 
 
 e. Common justice and fair play. 
 
 f . Yes. 
 
 g. None, 
 h. No. 
 
 i-j-k. Not necessary ; as high as any other commissioners. 
 
 A. C, Vandiver 
 
 The minimum wage should be established by a quasi- judicial 
 body deriving its authority from the State: 
 
 a. Such body should be composed of seven persons, three of 
 
 them employers of labor, three, wage earners, and the 
 seventh a lawyer detailed for that purpose from the oflSco 
 of the Attorney-General of the State. 
 
 b. The members of the Board should be appointed for a term 
 
 not less than three years except in the case of the represen- 
 tative from the office of the Attorney-General, who should 
 be detailed to that Board by the Attorney-General at the 
 commencement of his term of office. 
 
 c. The salaries of the Board and its other expenses should be 
 
 paid by the State out of the General Tax Fund. 
 
 d. The Board should be vested with the power to subpoena and 
 
 administer oaths and have the same visitatorial powers for 
 its lawful purposes as the State has for other purposes. 
 
 e. Investigations by the Board should be initiated upon the 
 
 petition of either wage earners or employers of labor. 
 
 f. The minimum wage when declared should be made compul- 
 
 sory and its observance secured by declaring void all con- 
 tracts of employment in violation of its provisions and 
 authorizing the maintenance of an action against employ- 
 ers by the employee to recover the reasonable value of hi? 
 
 QUESTIONAIBE ON WaGE PbOBLEM 
 
 563 
 
 services, but not less than the minimum paid. In the case 
 of corj)oration8 the minimum paid might also be enforced 
 by subjecting the corporation to liability to forfeiture of its 
 ciarter. 
 g. The rulings of the Board should be subject to review in the 
 courts upon certiorari only in the event that they unlaw- 
 fully deprived the employed of his property or otherwise 
 violated his constitutional rights. 
 h. There should not be any subordinate advisory body but the 
 Board should have the benefit of the advice of experts in 
 the industries concerning whose wages they are to make 
 regulations. 
 1. Members of the Board should be paid at the rate of 
 about $10,000 per year. 
 
 Ansley Wilcox 
 As to agencies to fix minimum wages, I do not believe it possi- 
 ble to construct, or even imagine, any agencies which would be 
 effective and safe. 
 
564 
 
 Appendix III 
 
 QUESTIONAIRE ON WaGE PeOBLEM 
 
 565 
 
 ». 
 
 i 
 
 i 
 «. 
 
 ' 
 
 Question No. 8. 
 
 What effect would a minimum wage have — 
 
 a. On the employer or industry aifected ? 
 
 b. On the workers affected? 
 
 c. On any particular classes of either ? 
 
 d. On the liberty of action of the workers ? 
 
 e. On the opportunity of obtaining a higher wage than the 
 
 minimum ? 
 
 f. On the workers who are inefficient or incompetent? 
 
 g. On the regularity of employment? 
 
 h. On the price of the product of the industry affected ? 
 
 Note.—- If an employer, please state what you believe would be 
 its effect in your particular business, mentioning what that busi- 
 ness is. 
 
 D, B, Armstrong 
 
 I believe that the minimum wage tends to eliminate industries 
 which are existing because of the fact that they are able to pay 
 an indecent rate of wage. These essentially parasitic industries 
 should consequently be forced out of the general field of industry. 
 In the same way the minimum wage would have the desired 
 effect of elevating the efficiency of the workman on the whole, for 
 it tends to eliminate the inefficient and incompetent. It removes 
 the unfit from competitive industry; it points the way to the 
 necessity for State care and responsibility for those imfit; and, 
 above all else, emphasizes the desirability of proper training for 
 industry in order to reduce the army of the incompetent. Be- 
 cause of increased efficiency, both of the workers and of industrial 
 methods, the price of the product of the industry, it might be 
 expected, would be reduced, especially under circumstances which 
 would permit of an adequate governmental supervision over the 
 industry for the determination of a reasonable distribution of the 
 profits. 
 
 G, L, Amer 
 
 a. There would be a tendency to eliminate mechanical hand 
 
 processes now done by cheap labor and to substitute 
 machinery. Prices of the product might be increased to 
 pay any increased cost of labor. 
 
 b. The minimum wage will throw out of employment many of 
 
 the lowest paid workers and it will be necessary to find 
 
 other means for their support. The cost of the increase, 
 if any, in the total sum paid in wages would eventually 
 be borne by the consumer. The greatest advantage should 
 come through the elimination of the lowest paid class of 
 child and woman labor. The more efficient adult work- 
 ers, relieved of the competition of their wives and children 
 would command larger wages, leaving the family income 
 as great as at present, with much more desirable conditions 
 of life. 
 
 d. By being put in a stronger position economically, the laborer 
 
 would tend to gain greater liberty of action. 
 
 e. There might be a levelling tendency, at first at least — a ten- 
 
 dency to cut out the higher paid workers in order to make 
 up for the greater sums necessarily paid to the lower paid 
 employees, but in the long run I do not anticipate much 
 change in this regard. 
 
 f. If a worker cannot produce enough to pay his wage and a 
 
 certain amount of profit he will be thrown upon public 
 charity. 
 
 g. It should tend to make employment more regular by elimi- 
 
 nating a large part of the reserve labor army of relative 
 incompetents who are pushed into service now in boom 
 times, and who make possible the production of more than 
 the consumers are able to buy, thereby preparing the way 
 for a business depression, 
 h. The price of the product might be increased in some cases. 
 
 Lloyd V, Ballard 
 
 The first effects of a minimum wage would doubtless be a reduc- 
 tion of the profits of the employer (this would probably be only 
 temporary), and a curtailment of industry (this would probably 
 be more permanent). 
 
 The number of workers employed would be very materially 
 reduced and the average skill of the employees greatly increased. 
 
 •Some employers, particularly those employing a large force of 
 cheap or unskilled labor, would be forced into bankruptcy. Large 
 quantities of cheap labor would be forced out of employment until 
 such time as they became skilled enough to earn the minimum 
 wage. The liberty of the action of the workers would be affected 
 to this extent, although employers would, in many cases, obviate 
 the aim and purpose of the law by refusing to recognize increased 
 skill (limited supply of such skilled labor would tend to offset this 
 
I ' 
 
 566 
 
 Appendix III 
 
 !i! 
 
 ' 
 
 • I 
 
 III 
 
 tendency, however), or by refusing to pay more than the minimum 
 wage to a large body of workers who might be worth something 
 more to the employer. 
 
 Inefficient workers would be thrown out of employment with 
 no means of making themselves more competent in order that they 
 might earn the minimum wage. 
 
 The establishment of a minimum wage would have no effect on 
 the regularity of employment, for the quantity of employment 
 depends upon the nature of the industry and the quantity of 
 business to be done at any particular time. This latter, particu- 
 larly, can not be regulated by laws imposed by any body of men. 
 
 In regard to the effect of a minimum wage on the price of the 
 product, there can be but one answer. Such a wage cannot fail 
 to raise the price of the product since it necessarily increases the 
 cost, both actual and potential, of producing that product. It is 
 true that the product itself would probably be of a better grade 
 eventually, if not immediately, but even then a higher price 
 would be charged for this better grade of product 
 
 It is also often argued that the worker would have more with 
 which to purchase these article of higher grade and cost. But if 
 prices increase with wages it is evident that the worker is no 
 better off. Indeed, statistics seem to indicate, to the extent which 
 they actually do indicate, the trend of economic movements, that 
 prices increase at a greater rate than wages, i. e., that wages do 
 not increase proportionally with prices, but lag behind rather 
 persistently. 
 
 L. Bamet 
 
 This would depend entirely on whether its initial effect would 
 be to increase the wage of the inefficient or incompetent, or to 
 eliminate them from the particular industries in question and 
 merely pay the higher wage to the worker worthy of it. In the 
 first case it would naturally increase the price of merchandise; 
 in the second, it would not. 
 
 Another danger of the minimum wage by law would be that it 
 would tend to be a maximum. 
 
 We do not see that it would have any effect on the liberty of 
 action of the workers. 
 
 Its effect on the regularity of employment would be hard to 
 define in advance. 
 
 QuESTiONAiBE ON Wage Problem 567 
 
 Gertrude Bamum 
 
 a. Better management. 
 Better service. 
 
 b. Conditions and character improved. 
 
 c. Give non-liberty. 
 
 d. As good or better. 
 
 e. Kept in training longer. 
 
 f. No special effect 
 
 g. Very little if any effect. 
 
 George Gordon Battle 
 
 a. It would not seriously affect any properly-administered in- 
 
 dustry. If the conditions in any industry are so unfavor- 
 able, or if it is so badly managed that it cannot afford to 
 pay a reasonable wage, then it should go out of existence. 
 
 b. The effect on the workers would be, in my opinion, benefi- 
 
 cial; it would give them self-respect and would enable 
 them to live decently. 
 
 c. As to the particular classes of employers or workers, I have 
 
 nothing to add to what I have said. 
 
 d. I do not see that minimum wages would affect the liberty of 
 
 action of the workers. A man would not be required to 
 work for the minimum wage ; he could take it or leave it. 
 
 e. As to the opportunity of obtaining a higher wage than the 
 
 minimum, I believe the tendency would be (and particu- 
 larly at first) to diminish that opportunity. It would not, 
 of course, destroy it. A man will always, by efficiency 
 and zeal, secure more than the average wage, if he has 
 the ability and the desire. I do not think that the estab- 
 lishment of a minimum wage would greatly or perma- 
 nently affect the opportunity for obtaining higher wages. 
 
 f. The effect of a minimum wage on workers who are inefficient 
 
 or incompetent might be at first to protect them, but in- 
 efficiency and incompetency would be a cause for dis- 
 charge. I believe it is better to discharge a man outright 
 than to starve him by insufficient wages. 
 
 g. As to the regularity of employment I believe the effect would 
 
 be to make employment more regular in many industries. 
 At the present time very high wages are paid in busy in- 
 dustries, and very low wages in periods of dullness. A 
 reasonable minimum wage would have a tendency to make 
 employment more regular ; but I realize that we are here 
 touching on the great question as to seasonal employment, 
 which is too vast to attempt to discuss in this paper. 
 
 Ill 
 
568 
 
 Appendix ITT 
 
 QUESTIONAIKE ON WaGE PkOBLEM 
 
 569 
 
 h. As to the prices of the product of the industry affected, T do 
 not believe it would make much difference. Tn some in- 
 stances there might be an increase in prices and in others 
 a diminution, but, in general, I do not think there would 
 be any marked change. 
 
 Emma B, Beard 
 
 Minimum wage legislation in this country is too recent to 
 furnish replies to these questions. England and Australia alone 
 have had sufficient experience. Appendix 3 of your third report 
 gives the latest word from these countries, and seems to satis- 
 factorily answer these questions in favor of a minimum wage. 
 
 Holmes Beckwith 
 The effect of a minimum wage on : 
 
 a. Employer. It would weed out the inefficient, and force the 
 
 employment of only good grades of workers. In some 
 cases, where ignorance of employees or other cause had 
 permitted the payment of less than the value of services, 
 and such value equalled the minimum established, the 
 same workers might be retained at a higher wage. This 
 would be, I believe, exceptional. 
 
 b. Workers. Those who were worth the minimum would con- 
 
 tinue as before ; those not worth it would be unemployed, 
 and probably suffer until society in some way (see answer 
 to 5) helped them. Decreasing the force of workers avail- 
 able would probably raise wages somewhat, by raising 
 value of service. This rise would probably be slight, but 
 could not be prophesied. 
 
 c. See 5, above. 
 
 d. ].iberty of action of workers. For Uiose able to earn the 
 
 minimum, I do not see that this would be affected. For 
 those unable, their immediate freedom would be curtailed, 
 and suff'ering result, till society aided them. If society 
 did aid them, as by training them in state vocational 
 schools till they could earn the minimum, they would gain 
 in earning and producing power and in freedom of action, 
 in the long run. 
 
 e. If competition were perfect, I do not see how the opportunity 
 
 to secure more than the minimum wage, for those whose 
 services were worth more, would be affected. As it is, 
 
 though, the roughness with which the value of services is 
 measured often by employers would probably prevent 
 those worth but little more than the minimum from secur- 
 ing any more. 
 
 g. I do not see how regularity of employment would be affected 
 greatly. In some cases the laws might increase irregu- 
 larity, by limiting to rush seasons the times when many 
 workers could earn the minimum. 
 
 h. So far as the minimum wage decreased the number of work- 
 ers available for any industry, the tendency would be both 
 to raise the wage for that industry, even permitting some 
 who were not worth quite the minimum before the change, 
 to later be worth it, and also to increase the price of the 
 product. This, I believe, would not probably be of great 
 importance, especially as the supply of workers available 
 would be as great as ever and the efficiency of some 
 greater, in case the public educated the unfit to efficiency. 
 I do not believe, with many critics, that the added costs 
 of a higher wage would be readily and directly shifted to 
 the consumer, practically in toto. 
 
 Harry Best 
 
 a. Tn some cases the employer might have to close the business, 
 
 or leave the state. In most cases, however, by a re- 
 arrangement of his business he would not be injured. Bet- 
 ter work would most probably result, to compensate in 
 greater or lesser degree for the increased wage. Para- 
 sitic industries might well drop out. In certain cases the 
 increased expenses could be passed on to the public in 
 higher charges. 
 
 b. Generally beneficial. 
 
 c Certain employees would be injured, no doubt, as we have 
 noticed ; but they constitute a minority. Certain workers 
 might be thrown out of employment, but not necessarily 
 a great number. A minimum wage law should only go 
 hand in hand with better trade training. 
 
 d. Of no great consequence. 
 
 e. Experience elsewhere, I think, has shown that the minimum 
 
 wage need not become the maximum. 
 
 f. See " c " above. 
 
 g. Only in some lines, 
 h. See " a " above. 
 
570 
 
 1 i 
 
 ii 
 
 I' 
 
 * 
 
 li 
 
 
 Appendix III 
 
 E, W, Bloomingdale 
 
 a. It would require a readjustment of all wages, and hence of 
 
 gross profits. 
 
 b. Starting at a fictitious wage, advancement would be more 
 
 slow, with the consequent discouragement to the worker. 
 
 c. I assume the worker out of a job would not be permitted to 
 
 offer to take a lower wage for fear of displacing one al- 
 ready employed. 
 
 e. Only those who had demonstrated a special capability could 
 
 expect to receive higher than a minimum wage. 
 
 f. The inefficient and incompetent, and many on the border 
 
 line, would fall by the wayside. No one would willingly 
 employ the incapable at the same wage of those more 
 useful. 
 
 g. Employment in business would become as it is in the trades. 
 
 Those who could be replaced would be laid off in the dull 
 season, or between seaaons. 
 h. Whatever is added to the expense of conducting a business 
 is very naturally added to tiie price of the commodity sold. 
 This advance in price, if general, would create a vicious 
 circle — the price of commodities going up would again 
 raise the cost of living, so that to reach the desired stand- 
 ard the minimum wage would have to be increased. 
 
 J. L, Burritt 
 
 So far as it pertains to our own industry we cannot see that 
 it would make any difference. It would, however, result in a 
 dismissal of a number of the less efficient employees who are now 
 receiving somewhat more than they actually earn, but to whom 
 we could not possibly afford to pay larger wages. So far as it 
 pertains to industries in general we believe that a minimum wage 
 would be injurious to the workers by throwing out of employment 
 cripples, aged persons and a large number of able bodied per- 
 sons who for inherent reasons cannot reach an average efficiency 
 and it is, no doubt, true that with many employers it would tend 
 to keep wages down to the minimum or near the minimum. In 
 the case of employers who take an active interest in the welfare 
 of their employees under the present conditions the establish- 
 ment of a minimum rate of wage would, no doubt, reduce their 
 interest in the welfare of their employees. Some of them would 
 feel that they were doing their full duty when they complied with 
 
 QUESTIONAIEE ON WaGE PrOBLEM 
 
 571 
 
 all the requirements of a law which had intervened between them 
 and their employees. We are inclined to think that it would, to 
 some extent, have this effect on ourselves. 
 
 As regards prices of the product we doubt its having any 
 effect 
 
 Charles L. Chide 
 
 Upon the employer: It would encourage the efficient employer 
 and drive the inefficient out of business. Upon tne worker: It 
 will raise the standard of living and increase the self-respect. 
 It should not be too rigid. I see no reason why it should tend 
 to become a maximum wage. Special exceptions, as in England, 
 must be made for some who are handicapped, so that they should 
 be able to find work and should be paid only what they are worth. 
 
 Victor 8. Clark 
 
 a. If properly enforced, negative. 
 
 b. Valuable in preventing sweating, oppression of individual 
 
 workers, competition of pin money workers, and wages 
 below the subsistence level. 
 
 c. No particular answer. 
 
 d. Negative. 
 
 e. In practice, I have observed no tendency to prevent the pay- 
 
 ment of higher wages than the minimum to specially com- 
 petent employees. 
 
 f. These workers are a problem regardless of Governmental 
 
 regulation. The minimum wage does not solve that prob- 
 lem. Probably it must be met by industrial training, 
 apprenticeship, and possibly in a degree by pensions in 
 old age. Where minimum wage regulations also insure 
 proper apprenticeship, the number of these workers is re- 
 duced. 
 
 g. Negative. 
 
 h. The tendency is to increase prices. 
 
 Miles M. Dawson 
 I do not believe that in most cases the establishment of a 
 minimum wage would have any serious effect upon the employers 
 or industries affected, but this might, perhaps, not be the case 
 in a few instances where pretty much the entire range of wages 
 paid has been below the living point I am of the opinion that 
 
r^ 
 
 I 
 
 t 
 
 • >' 
 
 . 1 
 
 t: 
 
 » ■ 
 
 II 
 
 I' I 
 
 'I;' 
 
 i! 
 < 
 
 572 
 
 Appendix III 
 
 as regards the workers, it would affect them only favorably, and 
 that there is nothing in the statement that it would result in any 
 large number of them being discharged entirely and left with- 
 out work. I think that the fixing of a minimum wage would, by 
 rendering the workmen less helpless, greatly encourage their 
 organization and thus help to sustain what they had gained by 
 legislation and to cause the law to be enforced ; and that through 
 such organization they would have a superior chance of obtaining 
 higher wages than the minimum, and indeed adequate wages for 
 the work done. I do not think that the fixing of a minimum 
 wage will have any effect whatever upon the employment of work- 
 men who are inefficient or incompetent. Such are employed 
 when, at all, merely because better workmen cannot be had at 
 the time. The minimum wage would also not affect regularity 
 of employment The same amount of work would still need to be 
 done and there would not be any material change in that regard. 
 In the cases of many employers of workmen at wages under the 
 living point, the fixing of a minimum wage would not affect 
 the price of the product to the consimier at all. This would be 
 true, for instance, as regards the department stores where the 
 margins are large and competition would prevent any increase 
 in prices. In the cases of some classes of manufacture where 
 women and children are employed and practically all the wages 
 paid are below the living point, it might be that the prices of the 
 products would be somewhat increased, but in such cases they 
 should be increased, if necessary, because we, who compose the 
 great consuming public, ought not to be willing to obtain products 
 or services at a cost which leaves the workmen without compensa- 
 tion sufficient for bare maintenance. 
 
 Elizabeth Dutcher 
 
 a. Would force him to train his employees, both in the use of 
 
 their brains and hands. 
 
 b. Would be an unmixed good for everyone (see 6). 
 
 d. Cannot see how it would in any way infringe liberty of 
 
 action. 
 
 e. See answer to Question 6. 
 
 f . See answer to Question 6. 
 
 QUESTIONAIBE ON WaGE PrOBLEM 
 
 573 
 
 g. R. H. Tawney, " Minimum Wage in the Chainmaking In- 
 dustry " (London, G. Bell & Son, 1914, p. 65), shows that 
 it standardizes the trade, and makes employment more 
 r^ular. 
 
 h. Might possibly raise price of product, though not necessarily, 
 for cheap labor is dear lal)or. If it raised prices, the body 
 of consumers would merely be paying a fair price for that 
 which they had been paying too little for for a long while. 
 
 George Eastman 
 
 a. The effect of the establishment of a minimum wage on the 
 
 employer or industry would not be detrimental unless 
 there was some discrimination which put one employer or 
 industry at a disadvantage with another. 
 
 b. As to the workers, the immediate effect would only be upon 
 
 those who would obtain increased wages. 
 
 c. Answer included in " f ." 
 
 d. I cannot see that it would affect the liberty of action of the 
 
 workers. 
 
 e. There might be some effect on the average worker caused by 
 
 employers using the argument that the minimum was 
 enough. This I consider remote. 
 
 f. Workers who proved unable to really earn the wage would be 
 
 discriminated against by employers. 
 
 g. The regularity of employment of inefficient workers would 
 
 be lessened, 
 h. Any increase in cost must eventually finds its way into the 
 price of the product. 
 
 I am unreservedly of the opinion that the only way to increase 
 wages, or the purchasing power of wages which is practically the 
 same thing, is to increase the efficiency of the worker. This can 
 be done through education, the better organization of industries, 
 a better distribution of labor, and the further introduction of 
 machinery. This latter has been carried so far, however, in 
 many industries that little further advance can be expected. 
 What little advance is made in the future in this direction is 
 likely to be largely offset by the present tendency to inefficiency 
 in the individual unless it can be checked by education. 
 
 The establishment of a minimum wage would not affect the 
 industry with which I am connected because we have few, if any, 
 employees to whom it would apply. 
 
574 
 
 ill 
 
 1 1 
 
 II 
 
 I 
 
 ! 
 
 Appendix III 
 Sarah EJkus 
 
 a. The result would be dissatisfaction on the part of the em- 
 
 ployer. 
 
 b. Laziness and indifference on the part of the worker. 
 
 e. The lack of ambition. 
 
 f . Inefficiency would lose positions at once. 
 
 h. The price of the product would be increased. 
 
 Eliza P. Evans 
 
 No effect in most instances. 
 
 Where an industry depends for any profits upon its ability to 
 hire cheap labor the industry might be forced out of business, 
 but not necessarily. 
 
 It may tend to a loss of effort on the part of the individual 
 but this has not proved to be the effect in some of our industries 
 where the employer has voluntarily adopted a minimum wage. 
 Women are not organized to any extent in this state (Minnesota). 
 
 It will force them out of employment in many instances tem- 
 porarily, but on the other hand will force these same persons to 
 better their own condition, will force the issue of vocational and 
 industrial and vacation schools and acquaint the public with the 
 great need for such education. 
 
 Will tend to force employers to try and make their work less 
 seasonal for they will want to retain good help. 
 
 The employers will shift the increase in wages onto the public 
 as far as possible and it remains for some one to find a way to 
 keep the employer from doing this where his profits are such as 
 to enable him to stand the increase. More attention to details 
 and efficiency would pay for the increase in wages in most 
 industries. Business efficiency is an unexplored field in most 
 industries in this State, that is the problem of one well-paid 
 worker doing the work of two poorly paid workers. 
 
 C. E, Gardiner 
 It is only where existing conditions are very bad that advan- 
 tage might be secured. It is only to lift an employment out of 
 such conditions that the proposal would be advisable. Where 
 conditions are passable, and capable of improvement by free 
 
 QUESTIONAIRE ON WaGE PeOBLEM 
 
 675 
 
 action of combination and competition, the answer to all the 
 above questions would be adverse. 
 
 F. H, GUson 
 
 e. f . If the minimum wage is a minimum piece work price or 
 equivalent, I can see no detriment. 
 
 g. I do not see how employment can be guaranteed to any per- 
 son. Being out of employment is a matter which is not 
 necessarily connected with the minimum wage ; it is a dif- 
 ferent subject. 
 
 h. Better wages for employees cannot help but increase the 
 price of the product, and when the product is consumed 
 by the working people, it goes far toward offsetting any 
 advantage which they may get in increased wages. The 
 minimum wage alone will not accomplish what its advo- 
 cates are seeking. Nothing but the desire of all persons 
 to give a square deal to all those with whom they deal will 
 get the more equal distribution of the products of labor 
 •^ which are now sought. 
 
 William P, Gone 
 
 a. The employer or business would not be affected materially 
 
 until the minimum was raised so high as to affect the 
 great bulk of his employees — those he could not discharge 
 and still continue in business. In that case his costs 
 would be increased and the value of business reduced, 
 especially, of course, when it was a business in which there 
 was competition with places not subject to the law. 
 
 b. The workers affected would suffer the most, as in the case 
 
 of the less efficient ones, they would lose their right or 
 privilege to support themselves, and in the case of the 
 better workmen, they would be likely to suffer somewhat, 
 if the occupation in which they were proficient was 
 crippled. 
 
 d. I cannot see that there would be any effect on the liberty of 
 
 action of those who continued to work. 
 
 e. I do not believe that the law would tend to reduce the wages 
 
 of efficient workers to the minimum prescribed by law. 
 g. Workmen would tend to have more regular employment in so 
 far as the necessity of getting more efficient workers would 
 be increased. Of course there might be some difficulty 
 about employing people in slack season at reduced rates, 
 which would have a contrary tendency. 
 
* ? 
 
 Il'^' 
 
 t 
 
 ; ! 
 
 ;. 
 
 f !. 
 
 
 576 
 
 Appendix III 
 
 h. If the law could be made drastic enough to accomplish a 
 general increase in wages in any industry, it would, of 
 course, increase the price of the article produced. 
 
 On the particular business in which T am now engaged, the 
 wages paid directly by us form such a small proportion to the 
 business conducted that we are able without serious loss to pay 
 somewhat over the prevailing rates, and in the case of the few 
 very inefficient people employed, we would perhaps hesitate to 
 discharge them, even if the law required us to pay them some- 
 what more than they are at present receiving. 
 
 Bolton Hall 
 
 a. A minimum wage would have little effect, if any, upon the 
 
 employer or industry- if it he universal. It would be a 
 means of operation to the extent that it is local or dis- 
 criminatory. 
 
 b. The same thing is true about the workers. I am a consider-^ 
 
 able land owner and if you will establish a minimum 
 wage in Plainfield, N. J., or in Berkeley Heights, where I 
 own a good deal of property, and it does the workers any 
 good, I shall certainly raise their rents. If it does them 
 good and makes it a more desirable place to live in, why 
 of course it is worth more to live in, and I being the owner 
 of it will get the main benefit. 
 
 c. Of course if we have to pay women more than we think they 
 
 are worth and can get men for that same price, other 
 things being equal, we will prefer men, because a man 
 ordinarily expects to make his job his life work, and 
 women ordinarily expect to work until they get married; 
 and further, there are certain physical traits in the woman 
 that make her somewhat less dependable as a steady and 
 vigorous worker. In addition, it may be said that the 
 fact that women have had less lil>erty and more codling 
 than men has made them, as a rule, somewhat less de- 
 pendable. 
 
 d-e. I think the effect on the liberty of the action of the 
 workers and the opportunity of obtaining a higher wage 
 is insignificant. 
 
 f. It seems to me clear that a minimum wage will throw out 
 all who are inefficient or incompetent. Why should I 
 give two dollars a day to a laborer who has only one leg 
 w^hen T can get a laborer with two legs for the same price ? 
 
 Question. \ii?E ox Waoe Prorlem 
 
 577 
 
 g. Naturally if I have to pay more than the employee is worth, 
 I would try to speed him up and get six days work done 
 in five and lay him off on the sixth. 
 
 h. It might add slightly to the price of the products of the in- 
 dustry affected, but that would be of no account were the 
 thing universal, and would in my judgment be insig- 
 nificant anyhow. 
 
 I employ only clerks: I do not see that the minimum wage 
 will have any effect in my business. 
 
 W. K Heath 
 
 a. After the industry had adjusted itself to new conditions, it 
 
 would have no effect at all. 
 
 b. In my judgment the ratio of the total amount of wages paid 
 
 to the total number of workers employed would not be 
 materially changed. 
 
 c. Assuming that there were no more workers, efficient and 
 
 otherwise, than was necessary to suit the demands of in- 
 dustry, all would be employed, but the tendency would 
 be to compel the efficient to contribute to the loss suffered 
 by the industry on account of the inefficient. 
 
 d. Every worker has a commodity for sale to the industry. If 
 
 he must find a market and deliver specific goods he will 
 be alert and active. If his goods are already sold for him 
 at a specified price, he will tend to be inactive and less 
 careful of the quality of goods delivered. 
 
 e. If an employer was obliged to pay $9 for what was really 
 
 worth only $8, the inevitable tendency will be when he is 
 left to his own resources to continue to pay $9 for what has 
 become worth $10 until he has recouped his loss. On the 
 other hand, there are a very large number of people who 
 are content to live without great exertion if possible, 
 and if the minimum wage is easy to secure and an ad- 
 vance on the minimum wage is comparatively hard, many 
 will be content with the minimum wage. 
 
 f. Under a minimum wage it is my judgment that there will be 
 
 more inefficient and incompetent seeking employment than 
 there would be without a minimum wage. The tendency 
 will be to spur the industry to adopt efficiency methods 
 to secure a larger output, thereby requiring less em- 
 ployees. Of course the inefficient and incompetent under 
 such circumstances will be the first to suffer. 
 Vol. 1 — 19 
 
578 
 
 Appendix III 
 
 ■' 
 
 II. 
 
 I'.l^ 
 
 '» 
 
 li 
 
 i 
 
 g. Employment will be less regular and the irregularities will 
 effect the workers in the order of their inefficiency and in- 
 competency. 
 
 h. It is my judgment that the cost of production will not be 
 materially increased, in which case the price of the 
 product will not be increased. Of course if the cost of 
 production is increased the price will increase. There 
 would, of course, be a tendency toward stiffening prices 
 by reason of the opportunity offered even though cost of 
 production were not increased, although this is perhaps 
 not important. 
 
 This company employs inexperienced girls and boys of lawful 
 age, apprentices, at $6 per week. (The young employees some- 
 times at $5 per week for the first month. If they are retained 
 they are advanced to $6 per week.) They are thereafter ad- 
 vanced as they become proficient in their work and can readily 
 with reasonable application and industry secure $8 and $9 per 
 week. This is in the office. In the factory the basic salary is 
 $6 per week with bonuses for efficiency. Common labor is paid 
 $12 a week. 
 
 The office works 47J^ hours per week 39 weeks of the year and 
 44 hours per week 13 weeks of the year. The factory works 50 >^ 
 hours. Both factory and office are closed Saturday afternoon 
 the year roimd. In my judgment a minimum wage law would 
 not affect this company. 
 
 E. D, Howard 
 
 Any discussion of the social effect of a minimum wage can 
 only be considered in connection with the responsibility of the 
 State for a disposition of the weaker or relatively incompetent 
 worker. Any minimum wage should apply over the whole com- 
 petitive territory in order not to put one particular group of 
 employers at a disadvantage in competition. Whenever competi- 
 tion fails, there is a monopoly, and to that extent does a mini- 
 mum wage become inadvisable. A rational minimum wage 
 must also be administered by a commission, or somebody having 
 power to adapt it to the conditions as they change. A rigid 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 579 
 
 minimum wage law is likely to injure the very people whom it 
 is desired to benefit 
 
 In our particular establishment, we should be very glad in- 
 deed to have a minimum wage for tailoring which applied to all 
 the principal markets of the country. Almost any employer 
 would be glad to increase wages materially if his competitor were 
 required to do the same thing. 
 
 Howard C, Hopson 
 
 It is impossible to make a complete answer to No. 8 within the 
 time and space permitted, but in my opinion the establishment of 
 a minimum wage would throw as charges upon the community 
 all the less efficient workers and tend to encourage mediocrity and 
 inefficiency. While every effort should be made to improve in- 
 efficient and dependent members of society as much as possible, 
 I do not believe that the benefits of the survival of the fittest 
 should be entirely swept away by making the inefficient a dead 
 burden upon the efficient The effect of the minimum wage 
 will be to reduce the wages of the more efficient, to raise the 
 wages of the less efficient with an added burden on those who are 
 employed of entirely supporting such as are unable under any 
 condition to secure the minimum wage. In other words, it will 
 result in a leveling process which has already gained a very 
 undesirable foothold in certain highly organized building trades. 
 
 Belle Lindner Israels 
 
 g. Tends to promote irregularity. 
 
 h. Negligible in garment industries if wage is fairly fixed on 
 economically sound basis. 
 
 W, T. Jackman 
 
 a. It would put on a sound basis those establishments which can 
 
 pay a living wage, and eliminate those which cannot, those 
 which now are parasitic. 
 
 b. It would assure them a living wage with " reasonable " com- 
 
 fort, 
 d. The right of contract, either as an individual or a group, 
 would usually be curtailed, except in the case of those who 
 were especially skillful, and who would, therefore, have 
 the advantage of making a special contract for their labor. 
 
580 
 
 Appendix III 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 581 
 
 I 
 
 . ) 
 
 • <? 
 
 e. Should experience show that the highe* ^agej brought more 
 
 efficient labor than before, there would be a good chance of 
 having it raised above the minimum. 
 
 f. They would gradually be eliminated. 
 
 g. Xo change, probably. 
 
 h. It might, at lirst, be raised, until there was an adjustment of 
 all the elements in the productive process. But in many 
 cases, the possibility of substituting some other product 
 for this particular one, or of decreasing its use ad libitum, 
 would tend to keep the price down. 
 
 N, Johannsen 
 
 The regularity of employment has nothing to do with the estab- 
 lishment of minimum wages. That depends upon the state of 
 trade, upon the regularity of demand for such commodities as the 
 wage-earner produces. Why does this demand fluctuate? Why 
 have not we always prosperous business, such as would secure suffi- 
 cient employment to the working classes ? This question ought to 
 be solved before we make plans for the regularity of employment. 
 
 E, C, Kemmerer 
 
 a. Apt to put some out of business. 
 
 b. Keep some out of employment. 
 
 e. Decrease the opportunity. 
 
 f. Ko jobs. 
 
 g. Decrease it 
 
 Alvin 8, Johnson 
 
 a. A conservatively administered minimum wage law would 
 
 have no immediate effect on the industry as a whole. It 
 would weaken the competitive situation of employers hith- 
 erto paying less than the minimum and strengthen that of 
 the more liberal employers. 
 
 b. It would protect the weaker workers against exploitation. It 
 
 might tend to exclude some of the least efficient from em- 
 ployment. 
 
 d. No perceptible effect on the action of the workers except in 
 
 so far as raising the minimum excluded some from em- 
 ploMnent altogether (an improbable result). 
 
 e. No effect. 
 
 f. No necessary effect. An intelligently administered mini- 
 
 mum wage law will have machinery for making due ex- 
 ceptions in case of the superannuated, infirm, etc. 
 
 g. No effect 
 
 h. No necessary effect. Gradually to force wages up does not 
 necessarily imply increasing the cost of labor. 
 
 Wilford I, King 
 
 The minimum wage would benefit some individual workers and 
 injure others. It is a quack remedy for low-priced labor. The 
 arguments advanced in its favor are superficial and unsound. It 
 is an attempt " to lift one's self by one's boot straps." Suppose 
 in a given industry, at present, the wage is $1.50 and the law 
 fixes it at a $2 minimum. The poorest laborers employed are only 
 worth $1.50 to their employer. They will be discharged. No 
 one will hire them. Pauperism will result. Products will be 
 lessened. Everyone will be worse off. The employer cannot shift 
 the burden to the consumer by charging higher prices without 
 lessening the consumer's demand for other commodities, and hence 
 causing a fall in demand for labor in other lines. If the burden 
 could be shifted to the consumer (the largest class of consumers 
 is the laboring class itself) working people would pay the increase. 
 
 If wages could really be materially raised to unskilled labor, 
 we would only attract a more rapid rush of the low paid labor 
 of Europe. We would convert the United States into the world's 
 great almshouse. The experiment would work like the English 
 poor laws of a century ago. It would result in a carnival of 
 pauperism. With unrestricted inmaigration, a really enforced 
 minimum wage law with employment guaranteed at remunerative 
 wages would be a national calamity and a crime against Ameri- 
 can labor. 
 
 James C. Kulm 
 
 From my experience I judge that a minimum wage would work 
 a great hardship to the inefficient, as a great many of them would 
 be thrown out of work. Factories cannot run as benevolent insti- 
 tutions, and they cannot pay people more than they earn. You 
 cannot legislate against nature, supply and demand. 
 
 The moral standard of the employer and faithfulness of the 
 
It 
 
 ,1 
 
 I 4 
 
 I V. 
 
 t 
 
 ^ 
 
 
 W 
 
 ll 
 
 :1- 
 
 ■l 
 
 i 
 
 1 ■ 
 
 
 ■ i'\ 
 
 582 
 
 Appendix III 
 
 employees is all that is necessary under our present government 
 to ensure harmony and prosperity. Those who advocate the mini- 
 mum wage should have a little practical experience in factories 
 in regard to this measure. 
 
 D, D. Lescohier 
 
 A minimum wage which applied to all employers who are in 
 competition with each other would simply raise the general level 
 of costs and would leave them in the same relative competitive 
 position that they were in before. Of course, when I say that it 
 would raise the level of costs I am overlooking the fact that a 
 higher wage will perhaps result in a higher de^ee of efficiency, 
 and perhaps not increase the employer's costs at all. 
 
 A man of considerable experience as a manufacturer said to 
 me the other day in discussing this wage problem that the time 
 has come when no progressive employer would advocate an unsani- 
 tary or unsafe workshop because employers have found that the 
 money expended in keeping shops clean and safe increases the 
 efficiency of the labor force more than it increases production 
 costs. Employers have likewise found that reasonable hours of 
 labor give them a working force that is so much more efficient 
 that they can often afford to pay higher wages for shorter hours 
 than they could formerly afford to pay for longer hours of labor. 
 He said further : " I believe the time is near at hand when em- 
 ployers will realize that higher wages will more than repay them 
 in the higher efficiency that will result from better fed and better 
 clothed and more contented employes." 
 
 (d) I would suggest that there is in existence almost as real 
 a minimum wage at the present time as if it was established by 
 legal action. In any given locality there is a minimum wage 
 rate for the average worker which is established by custom and 
 the relative power in bargaining of the employees and employers. 
 In this part of the country this minimum is very close to $12. 
 The employers use their power and influence to keep the wages 
 as close to that standard as possible, while the workers bitterly 
 resent any attempt on the part of the employer to get below that 
 standard, while tacitly admitting that the employer is justified in 
 holding them to that standard. A great many laborers earn be- 
 
 QUESTIONAIRE OX WaGE PrOBLEM 
 
 583 
 
 tween $12 and $15 a week. If a given wage were established as 
 a minimum by law I cannot see how the situation would be changed 
 except to prevent employers from succeeding as they now do in 
 overstepping the minimum. Workers who are more efficient than 
 the average would earn more than the minimum as they do now. 
 (f) If a legal minimum wage is established specific provision 
 must be made for administrative supervision of the conditions 
 under which the inefficient and incompetent shall be employed. 
 In other words, there will have to be provision for emplo3maent of 
 certain groups at less than the legal minimum wage. I believe that 
 this will constitute one of the most difficult administrative prob- 
 lems that will be made in connection with the legal minimum wage. 
 I do not believe that the legal minimum wage will have any effect 
 on the r^ilarity of employment, and I do not believe that it will 
 have any marked effect on prices. 
 
 Benjamin C. Marsh 
 
 a. The employer or industry which is affected by the minimum 
 
 wage would have to reduce profits, establish more effective 
 methods of management, raise wages or go out of business 
 in this state. Probably there would be cases of each re- 
 sult. 
 
 b. The first effect on workers affected would be that their rents 
 
 would be increased, so that they would lose a large share 
 of the advantages thereof. It would also result in their 
 having a greater sense of security, for the time being, and 
 should to some extent increase their efficiency, since it 
 would remove continual anxiety as to their living. There 
 would be no guarantee, however, to the workers that the 
 minimum wage would be maintained for any length of 
 time, and there would be the same anxiety about losing 
 their employment. 
 
 d. The workers would constantly be in fear of losing their jobs 
 
 on the ground of incompetency, and this would tend to re- 
 strain their liberty of action. 
 
 e. The tendency, though not the inevitable tendency, would be 
 
 to prevent the workers obtaining higher than the mini- 
 mum wage. 
 
 f. Inefficient and* incompetent workers would be apt to be 
 
 dropped, since neither morals nor, probably, the law >vould 
 compel a manager to employ incompetents. 
 
 g. The tendency would be to make employment less regular and 
 
i 
 
 It' 
 
 
 ?' 
 
 584 
 
 Appendix IIF 
 
 to discourage manufacturers from preparing goods in ad- 
 vance for anticipated demands, 
 h. As noted in (a) the tendency would be to increase the price 
 of the product of the industry, which would necessarily be 
 the case if the iiidustrv continued in its locality if the 
 profits are only reasonable at present under our profit 
 system and the industry is conducted as efficiently as 
 possible. 
 
 David A, McCabe 
 
 The results would depend so much on the conditions prevailing 
 in the industry that this question, or list of questions, would 
 require a very lengthy answer. 
 
 My feeling is that a wise commission could so adjust its de- 
 terminations as to avoid crippling the industry or driving workers 
 who are fit to be employed at all from the industry. Moreover, 
 a good subordinate body could study its industry and ascertain 
 the forces at work keeping wages low in that industry ; it could 
 then set about removing those causes to a considerable extent, 
 with the cooperation of the employers and workers. We need dis- 
 interested, or rather non-partisan, bodies in certain industries 
 to bring the employer and workers together for betterment of 
 conditions, bodies which will have the power to force recalcitrant 
 employers to conform to the higher standards the majority would 
 be glad to see enforced. We need in those industries somebody 
 with power to set a lower limit and to enforce " uniform rules." 
 In many trades the labor organizations and employers' associa- 
 tions do that jointly. In the low-paid industries government 
 commissions could doubtless greatly improve conditions and raise 
 wages by the enforcement of similar unifonu minimum stand- 
 ards. Such commissions could at least let us know what the 
 matter is in those industries. When we know what forces, and in 
 what strength, we must counteract in order to raise wage«, we 
 shall be in a far better position to adopt intelligent policies than 
 at present. If the commission give us no other result than that 
 in its first few years it would be worth while. 
 
 Geo. A. McKirdock 
 I do not feel that I can answer question 8, as to what the effect 
 of the minimum wage would be, as we have no experience on ' 
 
 QUESTIONATRE ON WaGE PrOBLEM 
 
 585 
 
 which to base an opinion. I have an idea that the employer, the 
 industry, as well as the workers would be affected favorably ; that 
 the liberty of the action of the worker would not in any way be 
 restricted and that they would have the same opportunity of ob- 
 taining a higher wage comparatively with what they have to do, 
 and that the inefficient or incompetent worker would be stimu- 
 lated to be efficient and competent; that the regularity of the 
 employment would be established and that the stability of the 
 price of the product of the industry would be assured. 
 
 Henry T, Noyes 
 
 This question is so involved that we are not prepared to give 
 any answer of value to it at present. We believe that the effect 
 would be contingent upon whether the wage was universal or not 
 and if not, what particular industries were operating under the 
 wage plan; also whether it was universal throughout the par- 
 ticular industry. We are now operating under a minimum wage 
 plan, and we believe that for us the plan is desirable, that it has 
 tended to increase wages, to raise our standard of quality and 
 efficiency of labor, and to reduce unit costs. 
 
 Almiis Olver 
 
 a. The minimum wage would have the effect of reducing to 
 
 some extent the profits of the employer, but would, I be- 
 lieve, bring about the establishing of industries upon a 
 firmer basis and preventing over-capitalization of com- 
 panies and the undertaking of rash business ventures 
 where the prospect of success is so slight as not to justify 
 their formation. 
 
 b. The immediate improvement of living conditions with an 
 
 increase of independence, efficiency and health. 
 
 c. Problematical. 
 
 d. None whatever. 
 
 e. As good as at present. 
 
 f. The inefficient and incompetent could probably not be profit- 
 
 ably employed in some industries under this plan, but 
 ample opportunity would still be offered them in the line 
 of agricultural and similar occupations and further in- 
 crease independence of other members of the family, and 
 so make it possible for their relatives to provide for them 
 more fully tlian Tinder the present system. 
 
 g. TsTo appreciable effect. 
 
586 
 
 Appendix III 
 
 ij 
 
 !1 
 
 i 
 
 I 
 
 .1 
 
 I 
 
 h. Probably an increase in the price of most products, as the 
 employer would not fail to take advantage of this admir- 
 able excuse for increasing his profits. I may state as an 
 example the recent decision of the laundries in the city of 
 Syracuse. As announced by them in each package of 
 laundry returned to their customers, one cent will be added 
 to the cost of each parcel of laundry for the purpose of 
 paying the increased cost to them of the Workmen's Com- 
 pensation Act. 
 
 Alfred E, Ommen 
 
 a. It would create an additional burden which must react on 
 
 the customer and eventually must be paid by the worker, 
 who is the producer. 
 
 b. It would tend to increase the cost of living by raising prices 
 
 in all industries and would necessarily cheapen the value 
 to be obtained from the dollar. 
 
 c. All classes. 
 
 d. It would add greatly to the powers of the workers and tend to 
 
 restrict output. 
 
 e. The efficient worker will always be able to earn a higher rate 
 
 of wage. 
 
 f. It would force their employment at a rate that would not be 
 
 commensurate with their producing capacity. 
 
 g. In the printing industry, it would have no special effect 
 
 whatever, except that the employment of persons at a mini- 
 mum wage would be unprofitable by reason of their inex- 
 perience, inefficiency and incompetency, 
 h. The result would be a final selling price from five to twenty- 
 five per cent higher than at present, and if it were only 
 done in the city and State of New York, would cause the 
 removal of manufactories that could afford to move. 
 
 Edward D. Page 
 
 The effect of a minimum wage is largely a matter of specula- 
 tion. Its effect on any of the classes designated as a, b, c, d, e, 
 would depend entirely upon the scope and permanency of the 
 minimum wage established. 
 
 (f) It takes little imagination to see that inefficient or in- 
 competent workers would only be able to obtain employment 
 spasmodically. It might result, of course, in putting every man 
 in his place; but it would probably tend to an increase in the 
 number of the wards of the State, either as inmates of almshouses 
 or institutions for mentally deficient. Many people who are, in 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 687 
 
 some degree, mentally deficient now able to support themselves on 
 a plane perhaps lower than the average standard of living of their 
 group by working for less than the minimum wage would be 
 entirely thrown out of the possibility of self-support if it were 
 made ill^al for them to do so. 
 
 (g) Persons incapable of fairly earning the minimum wage 
 would, of course, be employed as little as possible; and instead 
 of having the discipline of steady and regular employment would 
 probably be thrown into the class of those partly supported by 
 the State. 
 
 (h) If the result of the minimum wage enactment should be 
 to raise the standard of efficiency amongst the workers who re- 
 mained in the industry it would not materially affect the price of 
 the product; it might even lower it. 
 
 A minimum wage might seriously interfere with obtaining the 
 part time workers — children and women — who make a little 
 extra money for their families by such light employment as 
 picking berries, peas, beans, etc. If these had to be picked at 
 the full price of heavy labor the cost to the consumer would, of 
 course, be raised. This would hurt the part time workers and the 
 public more than it would hurt the farmer ; for all farmers would 
 be affected alike by the process. 
 
 Raymond V, Phelan 
 
 a. In some cases minimum wage laws may reduce profits either 
 
 temporarily or permanently. The time will come when 
 the question of profits will be less important in calculat- 
 ing fair wages. We shall progress toward a general ac- 
 ceptance of the dictum that the labor in a business must 
 have reasonable dividends (wages) even if the capital 
 cannot have such dividends. 
 
 b. A minimum wage should gradually increase efficiency. It 
 
 probably will tend to hold some wages down. 
 
 c. No effect on liberty of action except where sufficient effi- 
 
 ciency is lacking and in the cases of speeders and petty 
 bosses paid for their driving powers. No wholesale dis- 
 placement need be apprehended.* Children in industry 
 may, however, tend to decrease in number. 
 
 d. See b above. 
 
 * Still, the relative amount of apprentice labor should be regulated and an 
 excess forbidden. 
 
li'F 
 
 • I 
 
 588 
 
 Appendix III 
 
 e. Some of the inefficient will probably be displaced, but it must 
 
 be remembered that ineihcienev is a matter of: 
 
 1. Wages paid (at least in some cases). 
 
 2. Profits necessary. 
 
 3. Prices charged. 
 
 4. Organization of the business. 
 
 f. Might tend to increase regularity through better business 
 
 organization. 
 
 g. Some prices may be increased. 
 
 Hugo Seaherg 
 
 The establishment of minimum rates of wages or reducing the 
 hours of the working day has, I think most people will agree, a 
 tendency to raise our standard of living; therefore, of most im- 
 portant consideration is whether a higher standard can be main- 
 tained eventually, aside from the merit and efficiency of the in- 
 dividual worker, without readjusting our avenues of competition. 
 Increasing our standard of living will, of course, increase in the 
 same proportion the cost of all things produced by the laborer, and 
 as all labor and result of labor is so intermingled and entered, 
 directly and indirectly, into all things produced, it might be 
 safely said that the cost for everything will be to some degree 
 advanced. 
 
 Can such an advancing cost be maintained if the very labor in 
 question comes into competition with foreign labor of a lower 
 standard ? Therefore, if freedom of choice still exists, as it neces- 
 sarily must, will the result not be a suspension of employment, 
 affecting some laborers in whole and others in part, in proportion 
 that the local cost exceeds foreign cost plus expense of transporta- 
 tion. This seems to me would be the inevitable result unless a 
 protective system was added to and irrevocably maintained; you 
 cannot have idealism in one place and the opposite in another, 
 relating to commerce, without doing injury to the former, with 
 free and unlimited intercourse. Therefore, the putting of the 
 theory in effect as a local or State movement will eventually work 
 harm instead of good, whereas in our case the nation can, and 
 sometimes will, put counter influences into effect which make the 
 State legislation a weapon of harm to the very laborer which the 
 State intends to benefit. 
 
 QUESTIONAIRE ON WaOE PrOBLEM 
 
 589 
 
 E. M, Sergeant 
 
 The establishment of such a wage law would tend to throw out 
 of employment the less competent workers, and would tend to 
 remove one incentive to good work. This has undoubtedly been 
 the case where a minimum wage has been fixed by unions for their 
 members. 
 
 The question as to the effect of such legislation on the liberty of 
 action of the workers seems to me unimportant, and its effect on 
 the prices of products would doubtless vary very greatly in 
 different industries, and could hardly be predicted in advance. 
 
 The opinions stated above are of course based only on my ob- 
 servation of such branches of industry as I am familiar with. 
 
 With reference to your question as to the effect of minimum 
 wage on the particular business with which I am connected, I 
 would say that I doubt if there would be any effect, unless the 
 minimum wage was made exceedingly high, as I believe we are 
 now paying higher wages than would be set in any reasonable 
 minimum legislation. 
 
 Florence Simtns 
 
 d. Knowing that they have the protection of the State, it should 
 
 make employees less afraid in reporting any injustice or 
 violation. 
 
 e. More hope of obtaining increases than if a minimum were 
 
 not established. 
 
 f. Means would be employed to make the less efficient more 
 
 capable. The " unemployable " would require other pro- 
 visions to be made for them. 
 h. It would have no special effect on the price of the product. 
 Increased efficiency would obviate that difficulty. 
 
 H, K. Thomas 
 
 a. The employer would immediately endeavor to reduce the 
 
 number of men employed, by increasing the efficiency of 
 machine tools and the like. 
 
 b. The workers, following the last mentioned, would be reduced 
 
 in numbers. 
 
 d. Provided minimum wages fixed by law were paid, the 
 
 tendency would be to adhere to this and to give no op- 
 portunity of raising wages to the individual. 
 
 e. Answered under d. 
 
 f. Such workers could find no employment whatever. 
 

 ■ 
 
 1 ^ 
 
 ih^ 
 
 i, 
 
 590 
 
 Appendix III 
 
 g. lu certain industries, such as the trades of bricklayers and 
 stone masons, the regularity of employment is impossible 
 because weather conditions to a great extent diminish the 
 amount of work in hand during winter months, 
 h. The probable effect on the price of the product is proble- 
 niatical. It entirely depends upon the ratio of an estab- 
 lished minimum wage with the present rates. 
 The effect on the business carried on by this company is also 
 dependent on the ratio of a fixed minimum wage to 
 present rates, and cannot, therefore, be predicted. 
 The writer's experience both in this country and in Europe in 
 factory management over a period of seventeen years, inclines 
 him to the opinion that wherever anything in the nature of a 
 general minimum wage is fixed, the tendency is to level wages 
 downwards rather than upwards, because it discourages employers 
 from specially favoring highly efficient men who may, therefore, 
 not be paid so much as they are really worth. 
 
 W. 11, Thompson 
 
 a. Reduced profit. 
 
 b. A larger opportunity of life to which they are entitled. 
 
 c. A closer attention to business on the part of both. 
 
 d. It would naturally develop a higher standard of efficiency 
 
 from the fact of affording them better advantages in the 
 way of education and training. 
 
 e. A better opportunity for the enlightened of any class of 
 
 workers to enjoy greater chance of improvement in every 
 respect. 
 
 f. Inefficiency and incompetency are largely, according to our 
 
 viewpoint, but a larger opportunity to develop the best 
 there is in one. Besides becoming better educated on ac- 
 count of better opportunities, these classes could be better 
 classified and the weakest be aided by the State whenever 
 conditions warranted such action. 
 
 g. But little if any. 
 
 h. But slightly higher, if any, if industry were compelled to 
 give up a portion of its unearned increment. 
 
 A. C. Vandiver 
 
 a. None. 
 
 b. Ameliorate their condition. 
 
 c. It would probably diminish the profits of employers who 
 
 inadequately pay their wage earners. 
 
 QUESTIONAIRE ON WaGE PrOBLEM 
 
 591 
 
 d. None. 
 
 e. None. 
 
 f. It would probably serve to eliminate inefficient and incom- 
 
 petent workers. 
 
 g. None, except in so far as the regularity of employment 
 
 would be affected by the elimination of incompetent and 
 inefficient workers, 
 h. It would probably increase slightly the price of the products 
 of the industries affected. 
 
 Ansley Wilcox, 
 
 As to effects, I am sure that a minimum wage law would have 
 a bad effect in connection with each of your subdivisions of this 
 question. 
 
Jl 
 
 
 3. SYMPOSIUM ON THE MINIMUM WAGE 
 
 PROBLEM 
 
 On September 29, 1914, the Commission issued a letter asking 
 for a statement of views on the subject of Minimum Wage Legia- 
 lation, to what extent it should be enacted, and the difficulties of 
 administration and how they might be overcome. It further 
 sought suggestions regarding the wage problem particularly in its 
 relation to women and children. This letter was sent to small 
 groups of men and women representing various interests and 
 different points of view, viz. : economists, social workers, lawyers, 
 representatives of labor and employers and their representatives. 
 The memoranda submitted by the following are of great value 
 because all are in a position to make authoritative statements, 
 whether it be from actual practical experience or through study 
 and observation: 
 
 I. Economists 
 
 Tjiomas S. Adams, Member, Wisconsin Tax Commmwn; Fro- 
 fessor of Ecommics, University of Wisconsin, 
 
 Eugene E. Aggek, Professor of Political Science, Columbia Uni- 
 versity, 
 
 William B. Bailkv, Professor of Economics, Yale University, 
 Roy G. Blakky, Department of Economics, Cornell University, 
 Thomas X. Carvek, Professor of Political Economy, Harvard 
 University, 
 
 Sidney J. Cjiapmax, Professor of Political Economy, University 
 of Manchester, England, 
 
 John Bates Clark, Head of the Division of Economics and 
 History, Carnegie Endowment for Intertiational Peace; Pro- 
 fessor of Political Economy, Columbia University, 
 
 John R. Commons, Professor of Political Economy, University 
 of Wisconsin; Member, United States Commission on Indus- 
 trial Relations, 
 
 Davis R. Dewey, Professor of Political Economy, Massachu- 
 setts Institute of Technology; Editor, Economic Review, 
 
 [592] 
 
 
 ^liMMUM Wage Symposium 
 
 593 
 
 Fkank a. Fetter, Head of Department of Economics and Social 
 Institutions, Prin<:eton University. 
 
 Geokoe G. Gkoat, Professor of Economics, University of Ver- 
 mont, 
 
 John H. Gray, Professor of Economics, University of Minnesota, 
 
 M. B. Hammond, Professor of Economics, Ohio University; Vice 
 Chairman; Industrial Commission of Ohio, 
 
 Edwin W. Kemmerer, Professor of Economics ami Finance, 
 Princeto7i University, 
 
 Scott Xearing, Professor of Economics, University of Pennsyl- 
 vania, 
 
 Edward Alsworth Ross, Professor of Sociology, University of 
 Wisconsin, 
 
 John A. Ry.vn, Professor of Economics, St, Paul Seminary; 
 Author of " The Living Wage/' 
 
 Henry R. Seager, Professor of Political Economy, Columbia 
 University, 
 
 N. I. Stone, formerly Chief Statistician, U, S, Tariff Board, 
 
 Frank H. Streightoff, Professor of Economics, DePauw Uni- 
 versity, Indiana, 
 
 F. W. Taussig, Professor of Political Economy, Harvard Uni- 
 versity. 
 
 Frank D. Watson, Professor of Economics, Haverford College. 
 Adna F. Weber, Chief Statistician, N, Y, State Public Service 
 Commission, 
 
 II. Social Workers 
 Felix Adler, Leader, N; Y, Society for Ethical Cidture, 
 Frederic Almy, General Secretary, Charity Organization 
 
 Society, Buffalo, N. Y, 
 Inez Milholland Boissevaix, Lawyer; Student of Working 
 
 Conditions of Women, 
 Bailey B. Burritt, General Director, X, Y, Association for Im- 
 proving the Condition of the Poor, 
 Frederick Courtney, Bishop, St, James Church, New York 
 
 City, 
 Herbert Croly, Editor, " The New Republic;'" Author, '' The 
 Promise of American Life,*' 
 
i 
 
 594 
 
 Appendix III 
 
 i 
 
 1 1 
 
 M, 
 
 Edward T. Devink, Director of the N. Y, School of Philan- 
 ihropy; Professor of Social Economy, Columbia University, 
 
 Seba Eldridge, Secretary, Department of Social Betterment, 
 Brooklyn Bureau of Charities, 
 
 John A. Fitch, Industrial Investigator; Member of the staff of 
 " The Eurvey," 
 
 Homer Folks, General Director, N, Y, State Charities Aid Asso- 
 ciation, 
 
 Mary E. Gardner, President, Consumers' League of Buffalo, 
 
 Josephine Goldmark, Publication Secretary, National Consum- 
 ers' League, 
 
 XoRMAN Hapgood, Editor, " Harpers Weekly," 
 
 Charles R. Henderson, Professor of Sociology, University of 
 Chicago, 
 
 Frederic C. Howe, Commissioner of Immigration, New York 
 City, 
 
 Florence Kelley, General Secretary, National Con'sumers' 
 League. 
 
 Paul U. Kellogg, Editor, *' The Survey," 
 
 John A. Kingsbury, Commissioner of Charities, New York City, 
 
 Bruno Lasker, Investigator for the Rowntree Foundation, York, 
 England. 
 
 Samuel McCune Lindsay, Professor of Social Legislation, 
 Columbia University. 
 
 Owen R. Lovejoy, General Secretary, National Child Labor 
 Committee. 
 
 George R. Lunn, Editor, Schenectady " Citizen;" Ex-Mayor of 
 Schenectady, 
 
 Charles S. MacFarland, Executive Secretary, Federal Coun- 
 cils of Churches of Christ in America, 
 
 1). J. McMahon, Supervisor of Catholic Charities, New York 
 City. 
 
 William H. Matthews, Director, Department of Family Wel- 
 fare, New York Association for Improving the Condition of the 
 Poor, 
 
 Maud Nathan, President, New York City Consumers' League, 
 
 Harry Allen Overstreet, Professor of Philosophy, College of 
 the City of New York, 
 
 Minimum Wage Symposium 
 
 595 
 
 Frank Persons, General Secretary, Charity Organization So- 
 ciety, New York City, 
 
 Samuel ScHULMAN, Rabbi, Temple Beth-El, New York City. 
 
 John Spargo, Author and Lecturer; Author, '' The Bitter Cry 
 of the Children." 
 
 Nelle Swartz, Secretary, New York City Consumers' League. 
 
 Walter E. Weyl, Industrial Investigator; Author, ** The New 
 Democracy." 
 
 Gaylord S. White, Ileadworkcr, Union Settlement, New York 
 City. 
 
 Stephen S. Wise, Rabbi, Free Synagogue, New York City. 
 
 III. Lawyers. 
 
 Henry DeForest Baldwin, Lawyer ^ New York City. 
 
 il. LaRue Brown, formerly Chairman, Massachusetts Minimum 
 Wage Commission; Special Assistant to the U, S, Attorney- 
 General, 
 
 W. BouRKE CocKRAN, Lawyer, New York City; Former Mem- 
 ber of Congress, 
 
 Julius Henry Cohen, Lawyer, New York City; Attorney for 
 Cloak, Suit and Skirt Manufacturers' Protective Association, 
 
 Manfred W. Ehrich, Lawyer, New York City, 
 
 Raymond B. Fosdick, Lawyer, New York City; formerly Com- 
 missioner of Accounts, 
 
 John D. Kernan, Lawyer, Utica, N, Y, 
 
 Jar VIS W. Mason, Lawyer and Accountant, New York City. 
 
 Charles F. Mathewson, Lawyer, New York City, 
 
 Everett P. Wheeler, Lawyer, New York City. 
 
 Victor Morawetz, Lawyer, New York City. 
 
 IV. Representatives of Labor 
 
 Edward A. Bates, Secretary-Treasurer, N. Y. State Federation 
 of Labor, Utica, N. Y. 
 
 Homer D. Call, Vice President, N. Y. State Federation of 
 Labor, Syracuse, N. Y. 
 
 Timothy Healy, President, Intemationdl Brotherhood of Sta- 
 tionary Firemen, New York City. 
 
59G 
 
 Appendix III 
 
 Jamks p. Holland, Vice President, S. 1\ Staie Federative of 
 
 Labor, Xew York City. 
 Emanuel Koveleski, Vice President, N, Y, State Federation of 
 
 Labor, Rochester, N. Y. 
 James M. Lynch, N, Y, State Comtnissio)i€r of Labor; formcrhj 
 
 President, International Typographical Union. 
 Helen Makot, formcrhj Secretary, S. Y, \Voniens Trade Union 
 
 League. 
 John ^Iitchell, Member N. Y. State Workmen s Compensation 
 
 Commission; formerly President, United Mine Workers. 
 Alburtis Nooney, Secretary, Central Ijibor Union, Hudson, 
 
 N. Y. 
 John T. O^Bkien, Vice President, N. Y. State Council, United 
 
 Brotherhood of Carpenters and Joiners of America, New York 
 
 City. 
 Margaket Dreier Robins, President, National Trade Union 
 
 League of America, Chicago, III. 
 Henry Streifler, General Organizer, American Federation of 
 
 Labor, Buffalo, N. Y. 
 
 V. Employers and Their Representatives 
 
 James F. Adams, Vice President, The Canister Co., Phillips- 
 burg, N. J. 
 
 L. Adler Eros. & Co., Clothing Manufacturers, Bochester, N. Y. 
 
 Roger W. Babson, President, Babsons Statistical Organization, 
 Wellesley Hills, 3Iass. 
 
 M. M. Bruere, National City Batik, New York City. 
 
 Frank R. Chambers, Bogers, Peet tO Co., New York City. 
 
 Rk HARD 8. Childs, Ncw York City. 
 
 Henry Clews, Banker, New York City. 
 
 James G. Cutler, Rochester, N. Y. 
 
 Frederick L. Devereux, Auditor, N. Y. Telephone Company. 
 
 Harry Dowie, New York City. 
 
 Xathan Drew, Counsel, National Erectors* Association, New 
 York City. 
 
 E. F. DttBruhl, Miller, DuBruld (S: Peters Manufacturiruj Com- 
 pany, Cincinnati, Ohio. 
 
 Dunn k ^IcCarthy, Shoe Manufacturers, Auburn, N. Y, 
 
 Alexander Eisemann, E. Eisemann & Co., New York City, 
 
 Minimum Wage Symposium 
 
 507 
 
 A. Lincoln Filene, General Manager, Williatn Filene's Som, 
 
 Company, Boston, Mass. 
 D. M. Frederiksen, President, Scandinavian Canadian Land 
 
 Co., Minneapolis, Minn. 
 F. X. Kuchler, F. X. Kuchler & Son, Brooklyn, N. Y. 
 Adolph Lewisohn, Adolph Lewisohn & Son, New York City. 
 Robert Luce, President, Luce Press Clipping Bureau; formerly 
 
 Lieutenant Governor of Massachusetts. 
 K. B. Mathes, President, K. B. Mathes Company, Batavia, 
 
 N. Y. 
 N. Y. State Retail Dry Goods Association, W. A. Dyer, 
 
 President, Syracuse, N. Y. 
 F. Colburn Pinkam, Secretary-Treasurer, National Dry Goods 
 
 Association, New York City. 
 H. F. Searles, Secretary, Cohoes Manufacturers' Association, 
 
 Cohoes, N. Y. 
 Percy S. Straus, R. II. Macy & Company, New York City. 
 Henry R. Towne, President, Yale & Towne Manufacturing 
 
 Company, New York City. 
 Q. Vintschger, Sr., President, Markt ci* Hammacher Company, 
 
 New York City. 
 
 F. E. Wheeler, President, International Heater Company, 
 Utica, N. Y. 
 
 VI. Commissions 
 
 G. S. Barnes, Board of Trade, London, England. 
 
 C. H. Crownhart, Chairman, Wisconsin Industrial Commission. 
 
 Katherine Philips Edson, Member, California hidustrial Wel- 
 fare Commission. 
 
 William F. Houk, Chairman, Minnesota Minimum Wage Com- 
 mission; State Commissioner of Labor and Statistics. 
 
 Walter G. ^Iathewson, Member, California Industrial Welfare 
 Commission. 
 
 Edwin V. O'Hara, Chairman, Oregon Industrial Welfare Com- 
 mission. 
 
 Edward W. Olson, Member, Washington State Industrial Wel- 
 fare Commission. 
 
 Robert G. Valentine, Industrial Counselor; Chairman of the 
 First Massachusetts Minimum Wage Board. 
 
I 
 
 598 
 
 Appendix TTT 
 
 -I'' 
 
 
 I 
 
 ii 
 
 ;ii 
 
 I. ECONOMISTS 
 
 Statement of Thomas S. Adams 
 I regiet to say that I have not followed the actual administra- 
 tion and practical results of minimum wage law legislation with 
 sufficient care to speak with any certainty or authority on this 
 question. I have, however, been favorable to the intent or doc- 
 trine underlying such statutes, believe that it is in thorough ac- 
 cord with sound principles of legislation and that, if cantiously and 
 carefully attempted, cannot fail in the long run to improve con- 
 ditions in those trades and occupations in which the wages now 
 paid are insufficient to enable workers therein to maintain reason- 
 able and American standards of living. 
 
 Such legislation would probably in the long run justify itself 
 by its single effect of stimulating and encouraging organization 
 among the workers concerned. The occupations concerned are 
 those in which it is aJmost impossible, without outside stimulus, 
 to support and develop organization of the workers. Minimum 
 wage l^slation helps to arouse a feeling for the necessity of such 
 organization and to set the machinery in motion by which such 
 organization may be maintained. I regard this as perhaps the 
 most important part of minimum wage legislation, and as alone 
 sufficient to justify the attempt to introduce and maintain it 
 Moreover, legislation on this subject is the most helpful method of 
 focalizing and fixing a reasonable public opinion on this subject 
 It is very important, of course, that such legislation should be 
 framed with care and its administration conducted carefully and 
 slowly. It will fail if sufficient time and pains are not taken to 
 adapt it to the complex conditions of the industries affected. 
 
 Statement of Eugene E. Agoer 
 In relation to minimum wage legislation I may say that I be- 
 lieve it to be not only a possible but an almost inevitable ex- 
 pedient in lines of occupation where the normal character of com- 
 petition is such as to make impossible a standard of living de- 
 manded in the United States. 
 
 Minimum Wage Symposium 
 
 599 
 
 The need for such legislation appears to me to arise in the un- 
 skilled trades, where the nature of the labor supply is such as to 
 preclude the possibility of collective bargaining. 
 
 The isolated laborer whose position is rendered weak by ignor- 
 ance, relative incapacity or physical disability, is of necessity 
 limited in his bargaining with his employer to what the employer 
 will offer. The laborer's minimum tends to be dictated by his own 
 urgent necessities rather than by any conception of the real value 
 of his services. In his competition with others therefore, fearing 
 the disaster of unemployment, he tends to be pushed lower and 
 lower down in the economic scale. In general this would seem 
 to be true in the case of the labor of men in the so-called sweating 
 trades, of the labor of women in other trades as well as the sweat- 
 ing trades, and in the labor of children in almost all trades. But 
 of course, owing to the great diversity in the capacity of children 
 in industry and to their secondary connection in most trades, it 
 is difficult to see how minimum wage legislation could be applied 
 to them. Raising the standard of education and imposing severe 
 restrictions on the labor of children and young persons would 
 seem to be the only possible solution, as far as they are concerned. 
 
 With respect to mature men and women, the problem is simpler. 
 It would seem to be simplest of all in the case of men, but the 
 need is, of course, more urgent in the case of women. In each case 
 it would appear to be necessary to determine the wage adequate 
 ^or the maintenance of accepted standards of living, including in 
 such a standard the necessary responsibilities that are attached to 
 the several classes of beneficiaries. The man with family responsi- 
 bilities would obviously require more than a girl looking out for 
 herself alone. 
 
 The administrative difficulties of minimum wage legislation 
 are, of course, serious, but they ought not to prove so formidable 
 under our institutions that we should shrink from taking the step. 
 Successful administration for such legislation would, of course, 
 involve a highly efficient and honest service. After all, so does 
 any significant government undertaking. 
 
 The main difficulties as I see them would be first of all in de- 
 termining the fields of labor to which such legislation should 
 apply. Secondly, in arriving at the minimum to be prescribed. 
 
i 
 
 l( 
 II. 
 
 \ 
 
 If! 
 
 . 
 
 i 
 
 i , 
 
 (;o() 
 
 Appendix TTI 
 
 Thirdly, in properly enforcing a niininiuni wage, lu councctiou 
 with the last, the question is not only one involving the employer, 
 but also the faithfulness of the employee. 
 
 My own feeling is that successful administration would require 
 enforced organization of both employer and employee. 
 
 The diflSculty that some employee whoso productive capacity 
 falls below the prescribed minimum wage, would be out of em- 
 ployment and would have to be taken care of by the state, would 
 have to be offset But removing him from the field of competition 
 would render the position of the other workers so much more 
 secure, that the indirect economic gains resulting through in- 
 creased efficiency as well as the direct savings which would result 
 from the discontinuance of private and public charity otherwise 
 necessary would more than offset the expenditures necessary for 
 the maintenance of the inefficient 
 
 It is sometimes said that minimum wage legislation would 
 necessarily mean higher prices. The answer to this objection 
 would appear to be that society has no right to prices made low 
 by the drawing of the life blood of some of its constituent mem- 
 bers. Legislation of this kind would, from this point of view, 
 simply tend toward the greater equality in incomes in the real 
 economic sense, and is therefore, far from being undesirable. 
 
 The evils of our modem industrial society can be eliminated 
 only by careful analysis and courageous positive social action, 
 based on rational principles. Failure to take such action always 
 results in serious unheavals. 
 
 Your Commission has l)een doing some splendid analytical and 
 some effective constructive work, and I trust that it will have the 
 courage to stand resolutely for the reforms that its investigations 
 have proven to be necessary. 
 
 Statement of Wit.lt am B. Batt.ey 
 
 My principal experience within the past two or three years has 
 
 been as head of the Organized Charities Association of New 
 
 Haven where of course we come in contact with a good many low 
 
 paid workers. I hear a good deal said about the low wages being 
 
 MiMMiM Wage Symposium 
 
 601 
 
 a cause for a life of vice but must say that I have failed to come 
 upon many cases of this in the considerable number of wayward 
 girls who are brought to my attention. Our association cares for 
 all the girls who are brought before the courts of New Haven 
 County for any offence before the age of sixteen. Many of these 
 cases are for vice, but I do not recall hearing a girl say that the 
 prime motive for this action on her part was insufficient earnings. 
 Many of them, of course, desired luxuries which they could not 
 afford, but I fear minimum wage legislation would not cure this. 
 My principal objection to such legislation is that it makes a 
 person's needs and not a person's ability a standard for payment. 
 I realize that this is not a maximum but a minimum standard. 
 To raise the rate of wages would increase the cost of production. 
 This would decrease the demand for the article and fewer workers 
 would be required in the industry. The least efficient would be 
 thrown out of employment and be left without any income. This 
 would necessitate either state pensions, a great increase in private 
 charity, or some sort of state industry in which the most inefficient 
 workmen could be employed. I feel that if this same energy were 
 devoted to some kind of trade school or vocational guidance by 
 which the general intelligence and skill of workers could be 
 raised, the improvement to the community would be greater. I 
 suspect that the decrease of immigration due to the European war 
 will ultimately result in a rise in rate of wages in this country. 
 
 Statement of Roy G. Blakey 
 
 The amount of wages depends fundamentally upon the value of 
 the output of workers. Whatever tends to increase the value of 
 this output enables the employer to pay more — efficiency, use of 
 best machinery, abundant and rich natural resources being of pri- 
 mary importance for high wages. In all industries, perhaps 
 sooner in agriculture than in any other, there is reached what we 
 economists call the point of diminishing returns. After that point 
 is reached, each additional worker added to the plant or firm, 
 adds a smaller output value than previously employed workers 
 and consequently employers can not take on additional employes 
 
 
602 
 
 Appendix III 
 
 MiMMUM Wage Symposium 
 
 603 
 
 except at lower wages, aud oftentimes there is a tendency to re- 
 place higher paid employes with the later comers, that is, for 
 the wages of all to be reduced unless invention, the opening up 
 of new resources, improvements in organization, or something 
 keeps the value of the output from falling per capita. 
 
 Voluntary organizations and governmental action other than 
 fixing wages can do much to improve conditions of wage earners, 
 and most that can be done in this way should be done so as to 
 prevent the necessity of much state wage fixing. But in some 
 cases minimum wages are desirable. People are often short-sighted 
 and harm themselves and society ; it is not true that the individual 
 acting as he will unrestrained by law, always promotes the best 
 interest of society; consequently we have found it necessary to 
 pass compulsory education laws, to provide free public schools, 
 to fix hours of labor, and to do a thousand other things. For the 
 same reasons, it may be best in the long run to fix minimum wages 
 in some cases. 
 
 It seems best to begin with women and children and not with 
 men. The fornxer are subject to peculiar dangers, are less apt 
 to secure adequate wages, and the evil results to future society 
 are fraught with more serious evils than in the case of men. But 
 the logic of the minimum wage applies to men also and later it 
 may be best to apply the law to them also. Experience with its 
 application to women and children will be a valuable guide in 
 such case. 
 
 The immediate results of such a law are apt to be harmful 
 just as with workmen's compensation ; ultimate effects of a good 
 law proper! 1/ admmistered should be beneficial. 
 
 Statement of Thomas N. Carver 
 
 The very best way of raising the wages of unskilled labor and 
 thereby eliminating unnecessary poverty would be to reduce the 
 supply of unskilled labor. This could be done by a combination of: 
 
 First, a better system of vocational education to train men out 
 of the under-paid and into the well-paid occupations and pro- 
 fessions. 
 
 Second, by restricting immigration in such a way as to elimi- 
 nate unskilled workers, and 
 
 Third, by restricting marriage in such a way as to reduce the 
 number of marriages and the number of births among the least 
 skilled and most poorly paid of our people. 
 
 There does not seem to be any sincere desire, either on the part 
 of social reformers, social workers, or philanthropic agencies, to 
 attack the problem in this direct and efficient manner. Our 
 unctions social uplifters are willing to do anything for labor 
 except that which will really do something for labor. 
 
 The next best way, possibly the only way that stands a chance 
 of legislative enactment, is a minimum wage law. This will ac- 
 complish the same three results in a roundabout way, provided 
 it is honestly applied and not trifled with, as it is in Australia. 
 That is to say, if it is honestly and sincerely applied, it will 
 restrict immigration because only such immigrants can come as 
 can get work at the higher wage level established as the minimum 
 by law. Only the fairly competent or skilled immigrants will be 
 able to find work under these conditions. 
 
 Again, the least competent of our native workers will not be 
 able to get jobs at all. A man who cannot get a job on any con- 
 sideration will hardly be likely to marry and reproduce his kind. 
 
 Again, if young men realize that a failure to fit themselves for 
 somewhat skilled work may mean the failure \o get a job on any 
 terms, and, therefore, pauperism, they will be spurred on to 
 somewhat better endeavor to train themselves and acquire the 
 necessary skill and capacity. 
 
 If, however, the minimum wage law is inefficiently or dis- 
 honestly administered — that is, if exceptions are made in favor 
 of any one who cannot get a job at the minimum wage, and in- 
 stead of sending him to the almshouse he is allowed to work for 
 less than the minimum, no good results will follow. It will only 
 be another addition to the long list of futile and insincere at- 
 tempts on the part of social uplifters to do something for labor 
 without being able to do that which will really do something for 
 labor. 
 
 f \ 
 
* 
 
 004 
 
 Appe.ndix III 
 
 »t' 
 
 « 
 
 n 
 
 : 
 
 Statement of Sidney J. Chapman 
 
 I think it occasionally happens that wages are materially lower 
 than they need be. The cause may be that the workers are scat- 
 tered and have no organization, or that for some reason they are 
 weak in bargaining power, or it may be that the employers are 
 not in eifoctive competition. Broadly put, I should say that 
 there are many cases in which social friction works against the 
 wage earner, and of course it seldom happens that theory works 
 out exactly in any case. When wages are very low for the reason 
 given, the State certainly ought to consider whether action on 
 its part might not prove beneficial. In some instances a good 
 deal might be done by voluntary effort to organize the workpeople, 
 but voluntary eifort cannot always be relied upon, and what is 
 needed is occasionally beyond its sphere. I think the English 
 Government has certainly done some good by instituting Labor 
 Exchanges with adult and juvenile branches. These have the 
 eflFect of preventing certain callings into which people are apt to 
 drift from getting an over-supply of labor which of course event- 
 uates in a fall of wages. 
 
 Another step taken in England has been the institution of 
 Wage Boards to decree minimum wages. We have had little ex- 
 perience as yet of the effect of Wages Boards, but as far as I can 
 gather they have succeeded in raising wages without causing im- 
 employment or any appreciable degree of unemployment. One 
 desirable consequence of the Wages Board has been to bring 
 employers and employees together to discuss the problems of the 
 trade. 
 
 Statement of Joiix Bates Clakk 
 
 In an article in the "Atlantic Monthly " of September, 1913, I 
 expressed more fully than I can do by letter the views I held and 
 still hold on the subject of minimum wage legislation. The view 
 favors a conservative law by which (1) the rate in case of each 
 grade and kind of labor would be fixed by a commission ; (2) care 
 would be taken not to set the rate above a normal market rate 
 and thus not high enough to cause a disastrous discharge of 
 workers unable to produce enough to get the legal wage; (3) pro- 
 
 AliNTMi'M W\nE Symposium 
 
 oon 
 
 vision for exceptional classes that are naturally unable to earn 
 the legal minimum amomit; (4) thorough and intelligent measures 
 for the relief of unemployment. 
 
 I do not suppose that this summary of points is of great value, 
 but short of repeating the contents of the article, I could hardly 
 present the arguments in their favor. 
 
 Statement of John R. Commons 
 
 I have had my lectures on the subject taken down and thought 
 I could send you a copy of same, but they are too condensed for 
 practical use. I can only say in reply to your inquiry, that after 
 going over as carefully as possible the literature on this subject for 
 this and foreign countries, I am more strongly convinced than 
 ever not only of the great need of minimum wage legislation, as 
 applied to women, but also of the practicability of drawing up a 
 bill and providing for the machinery which will make it reason- 
 ably effective. 
 
 Statement of Davis R. Dewey 
 
 I am sympathetically inclined towards legislation establishing 
 a minimum wage in behalf of any class which cannot make itself 
 effectively felt in bargaining mth the employer. Just how far 
 such legislation should go, I prefer to leave to experience and 
 take one step at a time. Men, and some women, through trade 
 unions, frequently establish the minimum wage through organized 
 effort. Where workmen are too helpless or too ignorant to secure 
 a fair living wage, I am in favor of State action. It seems to me 
 that history has shown that even if there is not at the outset a 
 corresponding increase in production, better conditions of living 
 tend ultimately to raise the productive power. I am not in favor 
 of laying down any general principles which would be applicable 
 to all classes in all sections of the country, but I believe that 
 society can safely experiment along this line. 
 
i! 
 
 ;i' 
 
 |.'!f 
 
 ( 
 
 1 
 ; 
 
 .( 
 
 9 
 
 GOG 
 
 Appendix III 
 
 Statement of Frank A. Fettek 
 
 I am unable to give to a reply the time which such a vital 
 subject deserves to receive from any serious student of economics. 
 I cannot resist your courteously repeated request and I will 
 briefly indicate my point of view. 
 
 My attitude is one of grave doubt as to the practical advan- 
 tages of the minimum wage. This is not an evidence of any lack 
 of interest in, or of sympathy for, the conditions of low paid 
 workers. I readily accept your statement that the investigations 
 have shown that in many cases, wages are insufficient to main* 
 tain workers in health and decent comfort. The minimum wage 
 is a doubtful remedy involving in some cases the taking away 
 what wage there is. The plan is in its nature simply negative. 
 An employer cannot be made to pay any particular worker a speci- 
 fied higher wage but he is merely forbidden to pay anybody 
 a lower wage. 
 
 In its theoretical aspect, the problem is pretty plain. In a 
 certain industry the number of workers is such that the wage 
 where demand and offer come to an equilibrium is a very low 
 one, say $5.00. The employers can get all the workers that they 
 need at that price. Experience warrants the assumption that 
 some employers (though not so many) would continue to employ 
 some workers (though not so many). (See figure.) By withdraw- 
 ing a certain number of employees from that trade (those between 
 $10 and $15) the price could be made to rise from $5 to $8 (which, 
 for example, we may call the living wage) . The various prices bid 
 with variations in the number of workers demanded may be repre- 
 sented by a postulated curve the exact shape of which could not 
 be known in advance of experience. If in a natural way, the 
 number of workers was cut dov^n in that trade, the price resulting 
 would be a true equilibrium. But a state of unstable equilibrium 
 can be brought about artificially by the legal restriction of the 
 minimum wage law. This cuts off and throws out of employment 
 all the workers represented on the curve below $8. There seems a 
 good reason to believe that this number would be large. For the 
 workers employed below $5 must meet a new group of competitors 
 when the wage goes up to $8. There are tens of thousands of 
 workers in other occupations who would not care for these places 
 
 Minimum Wage Symposium 
 
 GOT 
 
 at $5 but who are eager for them at $8. On the part of the em- 
 ployer there are many latent possibilities of substitution ; men may 
 take the places of women, better trained workers take the places of 
 poorer trained, machinery introduced that would not pay when 
 wages were lower. In most cases, the cost remaining can be shifted 
 upon customers and business will be curtailed or shut down when 
 this is not the case. There is little aid and comfort in this to large 
 numl)ers of the workers whose wages it was meant to raise. They 
 lose their positions and not being able to do work for which anv 
 employer will, as a mere business matter, pay $8 they are legally 
 excluded from all employment. 
 
 ^8 
 
 \1 
 
 Wao 
 
 Us 
 
 
 
 to 
 
 d 
 < 
 
 g UCVKI.— 
 
 ^^\ 
 
 
 WaM l-g ygL -- ^Rg^gAi-r 
 
 1 ^i^-^^i-»-r«."-*^'"* 
 
 NUMEER KtPr AT WORK 
 
 
 r^rJ^C'*' 
 
 il^ 
 
 ~ o^wP n\M 
 
 
 THROWN ourr 
 or WoKK 
 
 
 I I 1 I 
 
 »'»«0«A cemrSTi-nVF eor«AiTief«s 
 
 Wherever this occurs they have become public charges. The 
 legislature comes face to face then at length with the real problem, 
 the existence of weak, ill-trained workers in particular occupa- 
 tions not worth enough under market conditions to any employer 
 to make it to his interest to pay a living wage, and unable to 
 
008 
 
 1 1I 
 
 li 
 
 
 Appendix III 
 
 shift to any other employiiicut in which l)etter wages are paid. 
 Doubtless some of those who advocate the miuimum wage do bo 
 with knowledge of its limitations. They do so in the hope of 
 bringing the community at length to see the true problem, ihey 
 speak and act as social workers and not as economists. I must 
 confess to feeling the temptations of this view and I hesitate to 
 oppose a proposition prompted by such humane sympathies. 
 
 Probably much of the advocacy of the measure is on the prin- 
 ciple of trial and error. The problem is difficult and no sure 
 solution is in sight. At least we might trj' the minimum wage 
 and see what happens. If it does not work, it may l)e that no 
 great harm will be done. Anyhow, we may then try something 
 else. There is, alas, little more reasoning in this than in the fly 
 buzzing against the window pane. 
 
 The real issue to be decided is whether to put the weaker class 
 and the weaker members under special public guardianship. 
 This done, the minimum wage is one measure for their relief. 
 There are surely other measures which will act directly upon 
 the causes: limitation of foreign immigration, restriction of the 
 movement of weaker population to cities, compulsory industrial 
 education, fuller custodial care for defectives, the larger develop- 
 ment of social insurance, especially survivor insurance for women 
 and children, and other measures with advocates among social 
 students. I wish a profitalile outcome to your inquiry. 
 
 Statement of George G. Groat 
 
 That the subject of legal minimum wage has passed Ixjyond 
 the point of abstract theoretical discussion is evident to any one 
 who has kept posted on the legislation of the last two or three 
 years and the administrative work of various commissions. Dis- 
 cussion, purely academic in nature, is no longer of value. The 
 issue is a practical one. It is the expediency or the inexpediency 
 of entering upon this new policy that is to be determined. 
 
 Yet to sav that academic discussion is not in place is by no 
 means the same as saying that the principles upon which mini- 
 mum wage legislation is based are of no importance. Principles 
 
 Minimum Wage Symposium 
 
 609 
 
 must always lie back of expediency, though it may not always be 
 expedient to apply the principles in any given set of conditions. 
 In short, principles, though always controlling are not of universal 
 application. 
 
 The following propositions are governing in determining a 
 legal minimum wage policy : 
 
 1. Facts must show that wages paid (annual money income), 
 furnish an income inadequate to provide for a reasonable stand- 
 ard of living set, in part at least, by the conditions of the work. 
 This means a careful investigation. At best, it cannot escape 
 from a degree of error on the standard of living side. Yet even 
 if the results be admittedly approximate, there may remain a 
 sufficient margin of truth on which to rest a strong claim for 
 action. Without this margin, established by accurate investiga- 
 tion, there can be no reason for legislation. 
 
 2. The recognition of social economics has proceeded too far to 
 justify one in taking the position that standards of living must 
 always and unconditionally rest upon earnings, particularly when 
 wages paid are synonymous with earnings. The " iron law of 
 wages " has an interest now that is historical only. It is more 
 and more generally recognized that as a matter of social necessity 
 incomes must in some manner be divided so as to make possible 
 the realization of a positive minimum standard of living. Though 
 it is very desirable that this principle should have universal 
 application, it cannot be applied all at once. Yet, a beginning 
 18 possible through the establishment of a legal minimum wage 
 wherever the social need for it has been clearly demonstrated. 
 
 3. In face of this principle the question of means becomes 
 secondary. A minimum standard being an economic and social 
 necessity, the legal and administrative readjustments become also 
 necessary. This may appear to dispose of practical administrative 
 difficulties somewhat summarily. No other position is tenable, 
 however. Laws and administrative organizations are means, and 
 must be adapted and adjusted to ends outside of themselves. Some 
 retardation in securing these ends may be a practical necessity, 
 but there is danger in overemphasizing this. 
 
 4. On the economic side, where low wages are paid to make up 
 for the inefficiency of a manager, when better wages are paid by 
 
 Vol. 1 — 20 
 
CIO 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 611 
 
 1 
 ' .1, 
 
 I 
 
 t 
 
 , 
 
 f 
 
 I 
 
 ' 1 1 
 
 some of his competitors, society cannot afford to subsidize its in- 
 efficient managers in this way. Competition does not mean that. 
 Competition means at least one thing, and that is the survival of 
 those best adapted to carry on society's industries. There is no 
 justification for allowing one manager to do what others do not do, 
 in this matter. 
 
 5. Where prices for the article are so low that low wages must 
 be paid by all in order to maintain the industry, then we are face 
 to face with the choice of low wages with all the social ills that 
 follow or the abandoning of the industry. It may seem heroic to 
 force a choice of this kind. The principles involved are so deep- 
 seated that the choice cannot be escaped. The difficulty is in 
 making consciously the right choice instead of allowing the alter- 
 native to exist by default. Readjustments, if brought about 
 slowly, can be affected. 
 
 6. The probability of forcing out of work the relatively incom- 
 petent because of the necessity for paying a higher wage is a sit- 
 uation that cannot be overlooked. It presents a difficulty that is 
 undoubtedly very real. The fact is, however, that two difficulties 
 hitherto confused are separated and each stands out as a problem 
 in itself. To separate the more from the less efficient is in 
 itself a decided gain. The weak are not then imposing their weak- 
 ness on the strong. It is better to know the inefficient and face 
 the separate problem of caring for them than to allow them to 
 drag others dow^n below the wage standard that otherwise might 
 be self-supporting. 
 
 From these principles the conclusion is inevitable. Where 
 economic forces themselves fail to bring about a distribution of 
 wealth such that reasonable standards of living are possible to 
 maintain with the wages received, some interference with these 
 forces is necessary. Of the many possible ways of accomplishing 
 the desired results, the plan of the legal minimum wage is the least 
 radical remedy that will accomplish the desired result. 
 
 Statement of John H. Gray 
 
 Your inquiry in regard to the minimum wage reaches me at 
 a time when it becomes impossible for me to make any adequate 
 reply, or a reply of more than a very few lines. 
 
 I think nearly all men in my line of study have come to the 
 conclusion that, desirable as it is to preserve competition where- 
 ever possible, competition is no longer to be trusted to pro- 
 tect the individual where the competition is, on the one hand 
 between as large business units as we have, and on the other hand 
 between as weak members of society, economically considered, as 
 women and children; and any attempt to apply the old doctrine 
 with its concomitant of freedom of contract, in this particular 
 instance, is sure to be disastrous. In view of the present stand- 
 ards of living and the present condition of the class of workpeople 
 under consideration, we are, I think, generally convinced that the 
 results have already been highly injurious to social welfare, and 
 that there are no natural forces which tend to remedy the evil. 
 Therefore, State interference and a public fixing of a minimum 
 wage for this particular class of work people seems highly desir- 
 able. It goes without saying that such standards ought to be fixed 
 after the most careful and impartial investigation in each indivi- 
 dual instance. 
 
 Statement of M. B. Hammond 
 
 In the first place, let me say that my information in reference to 
 the working of a minimum wage law has been obtained chiefly 
 as a result of a visit made to New Zealand and Australia during 
 the years 1911 and 1912, when I made a thorough investigation 
 of the working of compulsory arbitration courts and of the wages 
 boards. It is concerning the wages boards that I am now writing 
 
 you. 
 
 First, — In my opinion, a minimum wage law is advisable if 
 it can be secured through legally established wages boards, rather 
 than by the statute itself or by a state commission. If an attempt 
 is made to fix rates of wages by statute or by commission, not 
 enough weight will be given to the differences in the various in- 
 dustries, or to the differences in localities. If a wages board is 
 established for each trade, made up of those who ar§ directly en- 
 gaged in the trade, there being an equal number of employers 
 and employees, they will know the competitive conditions in the 
 industry which must be met, and what are the possibilities in the 
 way of a minimum wage. 
 
612 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 613 
 
 ! i; 
 
 ti 
 
 I 
 
 I do not favor, therefore, such a plan as is now found in the 
 state of Utah, where the legislature has fixed what it regards as a 
 proper wage for women engaged in industry, nor do I favor the 
 plan now in use in Oregon and Washington, where a state com- 
 mission, after investigation, fixes one rate for manufacturing in- 
 dustries throughout the state outside the chief industrial cen- 
 ters, and another for the same industries in the large cities ; still 
 another rate for those engaged in mercantile establishments, etc. 
 
 Second. — I am inclined also to believe that it is a mistake to 
 have on a wages board any more than one person, aside from those 
 who are there to represent the employers and employees. There 
 must be this one person (the chairman) to give, if necessary, the 
 casting vote, otherwise, frequently, no conclusion whatever will be 
 reached. If, however, other persons, supposed to represent public 
 interests, act on these boards, they will throw the weight of their 
 sympathies or business interests in favor of one side or the other, 
 and the minimum wages fixed will not represent the opinions of 
 those who are alone able to realize what an industry is able to 
 stand. 
 
 The move to have certain representatives of the public at large 
 on the boards, undoubtedly, proceeded from good motives, but 
 since it is impossible to proceed too rapidly in the matter of read- 
 justing wages without causing embarrassment to the industry, I 
 think it is decidedly better that a wage board should as nearly as 
 possible be a case of pure collective bargain, such as is found 
 when employers and trade unions meet to ^x a wage scale. 
 
 Third, — The fixing of wages carries with it, of necessity, the 
 fixing of the maximum number of hours for which wages are to be 
 paid. It also makes necessary the establishment of rates to be paid 
 for overtime, and also the number or proportion of apprentices 
 in the trade. Failure to fix the number of apprentices means that 
 juvenile labor will be used to displace adult labor, as appears to 
 be the case now in the state of Oregon, if reports from there are 
 correct. 
 
 In Victoria, the first law establishing wages boards gave au- 
 thority to the board to fix the number or proportion of apprentices, 
 but owing to the objection of employers, this power was later taken 
 from the board. Removal of this power produced something like 
 
 chaos in a number of industries, especially in certain branches of 
 the clothing trade, and there was a great increase in the number 
 of juvenile workers with a corresponding decrease in the number 
 of adults. 
 
 It was therefore found necessary to restore to the board the 
 power to fix the number and proportion of apprentices. The exer- 
 cise of such power, undoubtedly, causes more or less hardship, 
 especially to the smaller establishments, but it seems to be essential 
 to the working of the wages board plan. 
 
 Fourth, — If it were possible in the American States to establish 
 a minimum wage for men as well as for women and young per- 
 sons, I should certainly favor such a plan. In my opinion, the 
 minimum wage is needed for unskilled male labor fully as much 
 as for female labor. Owing to the attitude of the courts, how- 
 ever, such legislation may not be advisable. In the state of Ohio, 
 a recent constitutional amendment makes a minimum wage for 
 men as well as for women permissible, but even then, there is 
 danger that the Federal courts might hold that such a law would 
 impair the obligation of contracts. 
 
 There are many difficulties, however, in fixing the minimum 
 wage for women and not for men. There is danger that it will 
 cause, to a certain degree, a displacement of women by men. 
 Even where the minimum wage can be fixed for both men and 
 women, such displacement has taken place at times when the 
 board undertook to establish equal wages for men and for women. 
 The author of the Wages Board Law in Victoria, Sir Alexander 
 Peacock, at first proposed to create boards which should fix the 
 minimum wage for women and for young persons only, but when 
 the matter was discussed in Parliament, the opinions of the busi- 
 ness men seemed to be that this would result in displacement of 
 women, and therefore the act was mad3 applicable to men as well 
 as to women. 
 
 Fifth, — Under any system of wage regulation, which attempts 
 to fix a minimum wage, there will inevitably be a certain dis- 
 placement of labor, particularly of the old, infirm and naturally 
 slow workers. Of course, this need not be the case if the workers 
 are employed on piece rates. Even then, however, I am inclined 
 to think that many manufacturers will get rid of those who are 
 
614 
 
 Appendix III 
 
 J 
 
 \\r 
 
 I' I, 
 1 
 
 i * 
 
 i 
 
 unable to work up to a certain satisfactory standard. If they 
 are employed on time wages, they are certainly displaced unless 
 the law also gives authority to those administering the act to 
 grant permits to the old, infirm and naturally slow workers to 
 continue to work at a rate of pay less than the minimum estab- 
 lished by the board, but at no less than the rate fixed in the permit. 
 
 Such a system seems to have worked fairly well in Victoria 
 and other Australian states with either the wage board system or 
 the compulsory arbitration court method of regulating wages. 
 Even then there are unquestionably a certain amount of displace- 
 ments, since many employers do not care to employ men whose 
 low productive power is evidenced by the possession of a permit. 
 
 Sixth, — A successful administration of a minimum wage law, 
 whether this minimum be fixed by wages boards or otherwise, will 
 necessitate the employment of a considerable force of inspectors. 
 In Australia, these inspectors are the regular factory inspectors, 
 but some idea as to the number needed may be furnished by the 
 statement that in ^lelboume, a city of less than 600,000 popula- 
 tion, there are in the neighborhood of thirty inspectors, who look 
 after violations of the minimum wage law, as well as violation of 
 the factory laws. In fact, in Victoria, the minimum wage law 
 is merely a portion of the General Factories Act. 
 
 There are many other matters which need be dealt with in 
 connection with the proposal for minimum wage legislation in 
 this country, but I think I have touched on what appears to me 
 to be the most important ones which come up for consideration. 
 
 Minimum Wage Symposium 
 
 615 
 
 Statement of E. W. Kem merer 
 
 In your letter of October 1st you say that you are requesting 
 a small number of economists to assist your commission by sub- 
 mitting a memorandum on the subject of minimum wage legisla- 
 tion, and you ask me to submit such a memorandum giving my 
 views as to the reasons for such legislation, the extent to which 
 it should be enacted, and the difficulties of administration to be 
 overcome. Because of the public interest involved in the satis- 
 factory solution of this problem, I take pleasure in complying 
 
 with your request, although I have no claim to being an expert in 
 this branch of economics. 
 
 The principle of the minimum wage is sound in economic 
 theory and its practicability is supported by a substantial amount 
 of successful experience, running over a number of years in other 
 countries. The time seems to me to be opportune for the intro- 
 duction of minimum wage legislation into the State of New York. 
 Althougli it should be remembered that progress in such a reform 
 must be made slowly if it is to endure, and that, largely through 
 the method of trial, error, adaptation and re-trial. 
 
 The argument in favor of the minimum wage that appeals 
 to me most strongly may be stated as follows: Competition works 
 very imperfectly, and, from the social point of view, inadequately, 
 in providing a fair wage for certain classes in the community 
 who are weak in their bargaining powers because of ignorance, 
 lack of organization and immobility. The causes for this have 
 recently been well summarized by Professor Henry E. Seager 
 in a presidential address before the American Association for 
 Labor Legislation (American Labor Legislation Review, Febru- 
 ary, 1913, pp. 81-91) and therefore need not be enumerated here. 
 The result of this condition is that many industries have in a 
 considerable degree become parasitic, such for example as most 
 of our " sweated " industries and many of our department stores. 
 The wages paid are not sufficient to maintain the physical and 
 moral efficiency of a large part of the workers. 
 
 The manufacturer conserves his machines because they belong 
 to him and when they are worn out he must buy new ones, and 
 he sets aside a part of his profits every year to cover their de- 
 preciation, so that when the old ones are worn out funds are at 
 hand for new ones. The case of purchasing labor on the other 
 hand is like renting a machine without financial responsibility 
 for the condition in which it is returned. The employer in 
 sweated industries for example has little selfish motive in main- 
 taining the future efficiency of his "human machines" since 
 they do not belong to him, and when they have been exploited 
 to the limit they can be thrown upon the scrap heap and be re- 
 placed by others. Society, however, must meet the " depreciation 
 
( 
 
 I I 
 
 II 
 
 liii 
 
 .», 
 
 i\ \ 
 
 \ 
 
 616 
 
 Appendix III 
 
 charges " in the form of charities and institutions for the care of 
 defectives and criminals. The social expense of such exploita- 
 tion is often a continuing one, since the victims are not only those 
 who have been themselves exploited but often also their children. 
 Or again the situation is analagous to that which at one time was 
 common m this country when farmer tenants under severe com- 
 petition robbed and ruined the land belonging to others in order 
 to obtain a large temporary profit, and without regard to the con- 
 sequences for the land owner or for the community. 
 
 The great difference between these two illustrations and the 
 type of exploitation we have in parasitic industries, is that in the 
 latter case it is not an iron machine or a piece of land that is 
 being exploited but the lives of human beings. 
 
 In these industries it often happens that many employers 
 would be glad to pay a fair compensation to their employees but 
 are unable to do so because of the competition of less scrupulous 
 competitors. An excellent illustration of this principle was 
 recently given by Mr. Paul U. Kellogg, editor of The Survey 
 {American Labor Legislation Review, February 1913, p. 103- 
 104). He said: 
 
 "As things now stand, the progressive employer is at a 
 disadvantage. He must use up most of his moral energy in 
 refraining from being as bad as his worse competitors. If 
 we can wipe out that subnormal competition, then we can 
 release as new constructive factors in industrial life the no 
 longer hard-pressed moral energies of progressive managers. 
 For example, it is common practice for the laundries of the 
 United States to require their ironers to work half the 
 night on Fridays; this night employment results in broken 
 health and broken virtue for hundreds of women yearly • 
 but we realize that here is something which hinges on more 
 than the moral decision of any one laundry owner, that if 
 one employer refuses to work his plant Friday nights so as 
 to clear up the week^s wash and give us our clean linen for 
 Sundays his customers will automatically go to other laund- 
 ries and he will be put out of business. Therefore it is 
 that we seek legislation that will prohibit night work for all 
 
 Minimum Wage Symposium 
 
 617 
 
 women in laundries, put all plants on an equal footing, and 
 make the man with the dirty bundle of linen pay in punc- 
 tuality what has been and is now in many American cities 
 being paid in wasted lives. Our challenge to the laundry 
 owner is for his moral support in securing such legislation, 
 and in seeing that it is enforced, so that the common rules 
 of life and labor shall be more livable. 
 
 " Very similar is our challenge to employers for their sup- 
 port in the matter of minimum wage l^slation — as the 
 first best chance, not of harnessing industry to an impossible 
 governmentalism, but of releasing industrial managers from 
 their present entanglements with the methods permitted by 
 those of their fellows who care nothing for the human ele- 
 ment in industry." 
 
 The marginal laborers working for less than a minimum wage 
 exercise an influence upon the wages of others often entirely out 
 of proportion to their numbers. 
 
 To meet these evils society must level up and standardize the 
 rules under which such industries may be conducted. An in- 
 dustry that cannot pay to a normal individual of the imskilled 
 class a wage for full time service at least sufficient to maintain 
 his physical and moral efficiency, as a human being living under 
 a civilized community, is parasitic and should not be permitted 
 by society to live. If there are in the community, as some claim, 
 large numbers of laborers not capable of rendering a service 
 worth a living wage, society should know this fact at once and 
 should make provisions for taking care of these people as sub- 
 normal persons and in a d^ree at least as wards of society. 
 They should not be permitted to compete on the same plane with 
 normal persons. 
 
 If the above reasoning is sound, the logical conclusion is that 
 the minimum wage principle should be extended to all classes of 
 labor. This seems to be the tendency in Australia, the country 
 which has had the longest experiences with minimum wag© legis- 
 lation. Much can be said under the present circumstances in 
 favor of moving slowly at the start, and it seems to me that for 
 the time being it would be well to follow the lead of several of 
 our American commonwealths (California, Colorado, Massachu- 
 
618 
 
 Appendix III 
 
 i! 
 
 li 
 
 setts, Nebraska, Or^on and Washington) and make the law ap- 
 plicable only to women and minors under eighteen years of age. 
 
 The chief administrative difficulties seem to me to be two in 
 number. First: The determination of proper minimum wage 
 scales in different industries, and especially for the same indus- 
 try in different parts of the Stata Second : The handling of sub- 
 normal and " learner " classes in such a manner as not to do 
 them an injustice and at the same time not to open up the law so 
 wide as to let in grave abuses under political pressure. To meet 
 these and other difficulties the law must be very exact and large 
 discretionary power must be given to the commission in charge 
 of its administration. The success or failure of the plan will de- 
 pend in a great degree upon the personnel of the commission, and 
 especially the first commission. For the State of New York to 
 attempt to economize here, as done in many other States, would 
 be a serious mistake. The California law, which on the whole 
 appears to me to be the State law most worthy of imitation, pro- 
 vides for a commission of ^ve persons, of which one shall be a 
 woman, the term of office to be four years, and the compensation 
 to be $10 a day and expenses. I would make the commission 
 one of five persons, at least one being a woman, and would make 
 the term five years, one member retiring each year. The com- 
 missioners should devote all their time to the work, and the com- 
 pensation should be sufficient to secure a high grade personnel, 
 and not less than $5,000 a year. 
 
 The commission should be authorized on its own initiative to 
 investigate any industry whose wage conditions seem to demand 
 investigation, and should be required to investigate any industry 
 upon the request of a certain number of persons (employees or 
 others), say fifty or more, or at the request of 10 per cent of 
 the employees in the industry, or at the request of employers of 
 such a number of employees. In regard to the subpoenaing of 
 witnesses, examination of books, etc., the commission should be 
 given as large powers as those given the Industrial Welfare Com- 
 mission in the California law. The commission should have 
 power similar to that given in the California law (section 6) to 
 enforce its decisions, and decisions thus made should not be sub- 
 ject to reconsideration by the commission in less than one year. 
 
 Minimum Wage Symposium 
 
 619 
 
 Wage boards should be authorized similar to those provided 
 in the Nebraska law of 1913, that is, boards consisting of three 
 representatives of employers, three representatives of employees 
 and three others appointed by the commission as representatives 
 of the public at large. At least two of these boards of nine 
 should be women. The wage board should be given essentially 
 such powers and duties as are given to the wage boards in Massa- 
 chusetts by section 4 of chapter 706 of the Labor Laws of Massa- 
 chusetts. The members should receive the pay provided in the 
 California law, namely $5 a day and expenses, in order to secure 
 good representatives, and a two-thirds vote should be required be- 
 fore a report is made to the commission, except in such cases as 
 the commission shall rule otherwise. 
 
 With regard to licensing of subnormal laborers and learners, 
 section 13 of the Washington law of 1913 is good. It provides: 
 
 " For any occupation in which a minimum rate has been 
 established, the commission through its secretary may issue 
 to a woman physically defective, or crippled by age or 
 otherwise, or to an apprentice in such classes of employment 
 or occupation as usually require to be learned by appren- 
 ticeship, a special license authorizing the employment of 
 such licensee for a wage less than the local minimum wage; 
 and the commission shall fix the minimum wage for such 
 persons; such special licenses to be issued only in such cases 
 as the commission may decide the same is applied for in 
 good faith ; and that such licenses for apprentices shall be in 
 force for such length of time as said commission shall de- 
 cide and determine is proper." 
 
 I would alter this provision by introducing the California prac- 
 tice of requiring the licenses to be renewed every six months, and 
 by introducing the Minnesota practice of limiting the number of 
 such licenses in any establishment, for women, to 10 per cent 
 of the employees in that establishment. Possibly it would be 
 well to widen this latter provision by making it less rigid, giving 
 the commission a certain discretion in regard to the percentage 
 allowed. It seems to me that the licensing provision for sub- 
 normals might here be extended to minors, at any rate those above 
 
620 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 621 
 
 j i 
 
 I 
 
 ? 
 
 I. 
 
 f 
 
 {' 
 
 
 I' ' 
 
 I 
 
 a certain age, say fifteen. Any concessions in regard to the em- 
 ployment of subnormals should be given full publicity. 
 
 There should be embodied in the law rigid provisions to prevent 
 employers from discriminating in any way against employees who 
 testify in any way in labor investigations, and to enable employees 
 who have not been paid a wage as high as the established minimum 
 wage to recover the difference easily with interest and costs 
 (follow essentially section 13 of the California law, but add 
 '' interest "). The provision of the California law with reference 
 to the matter of appeals to the courts from the decisions of the 
 commission (section 12) seems sound. The questions involved 
 will be largely economic, and not l^al, and the persons best 
 qualified to pass upon these questions will be the members of the 
 commission. If a high degree of publicity is required concerning 
 these decisions and the grounds upon which they are based, the 
 interests of all parties will be adequately safeguarded. As pro- 
 vided in the California law, I would permit the courts to set aside 
 a decision of the commission only upon questions of law (not of 
 fact) or in case it was proven that the decision was secured by a 
 fraud, or that the commission had acted outside of its powers. 
 
 One of the most useful functions of the minimum wage com- 
 mission should be in educating the public of the State as to the 
 conditions which actually prevail in certain parasitic industries. 
 To be effective the law should require vigorous and pitiless pub- 
 licity of these facts, and great care should be taken that proper 
 statistics should be collected, scientifically classified, and made 
 accessible to the public. 
 
 The above suggestions although given in a categorical form 
 for the sake of brevity, are not given with a categorical spirit 
 They are given with many doubts and are intended to be merely 
 tentative suggestions. 
 
 Statement of Scott Nearino 
 
 1. The Necessity for a Minimum Wage. 
 
 The necessity for some form of government interference with 
 the present standard of wages is made manifest by a contrast be- 
 
 tween wage scales and the amount of income necessary to maintain 
 an eflSciency standard of living. 
 
 The definition of a " standard of decent living " is a very highly 
 involved and difficult matter, nor can any final standard be 
 established. The ideals and ideas of successive generations change 
 so utterly that the decent standard of one decade might fall far 
 short of furnishing a decent standard for the next. In general, a 
 standard of decent living consists of such an amount of food, 
 housing, clothing, and the other necessaries of life as will main- 
 tain physical health, provide a reasonable privacy in the home, 
 enable the family to go on the streets in clothing not noticeably 
 inferior to that worn in the neighborhood and permit parents and 
 children alike to be normal members of the community in which 
 they live. Such a wage is not a starvation wage — it provides 
 the bare necessaries of twentieth century American life, together 
 with the minimum of comforts. 
 
 The relation between various forms of expenditure is well estab- 
 lished. The American city family^ with an income of less than 
 $1,000 a year spends two-fifths of its income for food, one-fifth 
 for rent, one-sixth for clothing, and the remainder (one-fifth, 
 plus) for incidentals, including fuel and light, health, insurance, 
 saving, car fare, furniture, recreation, books and newspapers, 
 and sundry minor items. 
 
 At the outset, it should be borne in mind that the primary 
 question before any family relates to the amount, and not to vhe 
 price of the goods needed for family support. There is a certain 
 minimum of food, clothing, shelter, and the other necessaries of 
 life which men require. That minimum exists in terms of eggs 
 and butter, shoes and overcoats, medical attention and school 
 books; it is fixed by the demands of nature and of society wholly 
 independent of cost or price, hence the first question which arises 
 in the discussion of a subsistence wage, concerns itself with the 
 amount of various commodities which will constitute subsistence 
 living. 
 
 1 The word " family " as used in this connection will mean a man, wife and 
 three children under fourteen. The standard is arbitrary. Roughly, it cor- 
 responds to the "average" family. Actually it is adopted because it is 
 near the " average " and some standard must be established before intelligent 
 discussion is possible. 
 
I , 
 
 pi I 
 
 1.!' 
 
 I ■ 
 
 (; 
 
 'I 
 
 622 
 
 Appendix III 
 
 The measurement of the amount of food necessary to maintain a 
 standard of living is by far the easiest part of the problem. Food 
 requirements are ordinarily stated in calories or energy units. 
 The United States Department of Agriculture, which had made 
 some valuable experiments on food values, states that man in the 
 full vigor of life, doing moderate muscular work, requires each day 
 a quantity of food containing, as it is purchased, 3,800 calories 
 of energy. By the time this food is eaten, it will contain but 
 3,500 calories, from which quantity the digestive system extracts 
 3,200 calories of energy.^ Rowntree insists that this estimate of 
 3,500 calories for a man doing " moderate muscular work," must 
 be interpret<jd in terms of very moderate work if it is to be 
 adequate.^ It is generally conceded that from 3,200 to 3,800 
 calories of energy, depending upon the intensity and character of 
 the work done, must be supplied to the body each day. 
 
 The body has as much need of heat units as a locomotive has 
 need of the heat units which it derives from coal. As food fur- 
 nishes this energy to the body, men must determine how much 
 food the body needs. 
 
 The determination of the amounts of housing, clothing and fuel 
 and light necessary to the maintenance of a standard of living, 
 is a much more difficult problem than that involved in the de- 
 termination of a food standard, because there is no way of stating 
 in absolute terms what amount of these things is requisite for the 
 running of the body on an efficiency basis. The best that can be 
 said is that (1) necessity, (2) hygiene and (3) decency are the 
 governing factors in each decision. There^ is certainly a minimum 
 amount of each of these goods necessary for the maintenance of 
 a decent living standard. Similarly, expenditure for car fare, 
 health, insurance and sundry items must be locally determined. 
 What that amount may be, it is difficult to say generally, though it 
 may be readily determinable in each specific case. 
 
 Two distinct problems present themselves in a study of the 
 standard of living. There is first, the problem of bare subsist- 
 
 lYear Book of the United States Department of Agriculture, 1907, p. 371. 
 Article by C. F. Lanorworthv. 
 
 2 " Poverty," B. L. Rowntree, London, Macmillan Company, Ltd., 1901, pp. 
 1-97. 
 
 Minimum Wage Symposium 
 
 623 
 
 ence ; second, the problem of a " normal," " decent " or " fair " 
 standard of living. The problem of a normal or fair standard of 
 living is an essentially different one from the problem of a mini- 
 mum or subsistence standard. In contrasting the minimum 
 standard and the fair standard, the author of a recent Federal 
 report states : " The minimum standard is a standard of living 
 so low that one would expect few families to live on it It will 
 be conceded that a standard of living upon which people are to 
 live must include many things that are not allowed by the mini- 
 mum standard. It must be a standard that provides not only for 
 physical efficiency but allows for the development and satisfaction 
 of human attributes. Just what is to be included in such a stand- 
 ard depends upon the people to whom it is applicable. Mani- 
 festly, a standard that would be considered fair by a laboring man 
 would not appear fair to a financier. Those possessing different 
 degrees of wealth have come to look upon different things as 
 essential to their manner of life."^ A minimum standard will 
 keep body and soul together. A fair standard will maintain the 
 health and efficiency of a family, and insure it against physical 
 deterioration, poverty and misery. 
 
 The determination of the amount of goods necessary to provide 
 a subsistence standard and a fair standard of living constitutes the 
 first step in the determination of the cost of such a standard. How 
 many goods are needed ? How much do these goods cost ? Thus 
 the questions follow. 
 
 It is possible by taking a given family in a definite locality, to 
 estimate the cost of the minimum standard to that family. For 
 example, in a southern mill town, for a family of a man, wife and 
 three children (a girl of 10, a boy of 6, and a boy of 4), the cost 
 for food and clothing would be^ 
 
 1 Woman and Child Wage Earners in the United States, Senate Document, 
 No. 645, Gist Congress, 2d Session, Washington Goverment Printing Office. 
 1911, Volume XVI, p. 142. 
 
 2 Ibid, p. 141. An itemized statement of menus, articles of clothing, etc., 
 will be found in the report. 
 
t ' 
 
 1 i 
 
 il 
 
 I''! 
 
 r 
 
 ii 
 
 >4| 
 
 624 
 
 Appettdix III 
 
 TABLE I 
 
 Cost or Food and Clothino for One Ybab won Mbmbers or a TtpicaIi 
 Normal Southern Mill Town Family — Minimitm Sfandard 
 
 Members or Family 
 
 Father 
 
 Mother 
 
 Girl (10 years) 
 Boy (6 years) . 
 Boy (4 years) . 
 
 Total 
 
 Food 
 
 Clothing 
 
 $74 88 
 59 90 
 44 92 
 37 44 
 29 97 
 
 $247 11 
 
 $18 75 
 
 9 25 
 
 14 83 
 
 10 03 
 
 5 85 
 
 $58 68 
 
 Total 
 
 $03 63 
 69 15 
 59 75 
 47 44 
 85 82 
 
 $305 79 
 
 Adding to this total of $305.79, the cost for rent, fuel, light and 
 sundries ($102.47), it appears that a family such as the one under 
 consideration would require $408.26 annually to maintain a 
 minimum standard of living in the small mill towns of North 
 Carolina and Georgia. 
 
 This standard is by no means a liberal one, and the probabilities 
 of maintaining a living upon it are most precarious. Further- 
 more, " there can be no amusements or recreation that involve 
 any expense. No tobacco can be used. No newspapers can be 
 purchased. The children cannot go to school, because there will 
 be no money to buy their books. Household articles that are worn 
 out or destroyed cannot be replaced. The above sum provides for 
 neither birth nor death nor any illness that demands a doctor's 
 attention or calls for medicine. Even though all these things are 
 eliminated, if the family is not to suffer, the mother must be a 
 woman of rare ability. She must know how to make her own 
 and her children's clothing; she must be physically able to do 
 all of the household work, including the washing. And she must 
 know enough to purchase with her allowance, food that has the 
 proper nutritive value.''^ Apparently, if a woman is to support a 
 family on this income, she must have a skill and power of man- 
 agement which would bring her from $6 to $12 a week if she were 
 at work in an industrial establishment in the same locality. Need- 
 less to say, most women have no such ability, and this is particu- 
 larly true in the lower income groups. Among the families of 
 
 ijbid, p. 142. 
 
 Minimum Wage Symposium 
 
 625 
 
 lowest income, where the necessity for thrift and careful manage- 
 ment are the greatest, the opportunities that children have to 
 acquire these virtues are the least. Hence the assumption of the 
 remarkable qualities which the authors of the government study 
 demand in a woman who is to pilot a Georgia family through 
 365 days on $408.26 seems unjustifiable. The exceptional woman 
 may possess them ; the average woman does not. 
 
 The cost of a minimum standard in a Massachusetts city 
 varies somewhat from the cost for the southern States. A compu- 
 tation similar to that made for the southern States shows the 
 amount necessary to maintain a minimum standard of living in 
 a normal family.* 
 
 TABLE II 
 
 OosT or Food amo Clothing for One Year for Members op a Ttpical 
 Normal Massachcsbitb Fam clt — Minimum Standard 
 
 
 Members or Familt 
 
 Food 
 
 Clothing 
 
 Total 
 
 
 
 Father 
 
 $83 20 
 66 56 
 50 52 
 41 60 
 33 28 
 
 $23 80 
 
 15 45 
 
 18 50 
 
 13 25 
 
 9 00 
 
 $107 00 
 82 01 
 69 02 
 54 85 
 42 28 
 
 
 
 Mothef 
 
 
 
 Girl (10 years) 
 
 
 
 Bov f6 years) 
 
 
 
 Boy (4 veara) 
 
 
 
 
 
 
 Total 
 
 $275 16 
 
 $80 00 
 
 $355 16 
 
 
 
 
 
 The total cost of maintaining a minimum standard of living 
 in this city ($484.41) is slightly in excess of that required in the 
 southern states, largely because of the increased amount appor- 
 tioned for food and rent. The housewife in Massachusetts is to 
 be the same type of superwoman as that demanded in the Georgia 
 estimate. 
 
 The Chapin study does not make any detailed statement of the 
 cost of a minimum standard of subsistence, but the conclusions 
 relative to incomes of from $600 to $700 may be compared with 
 the conclusions in the Federal study, since they refer to a group 
 living in an essentially similar economic status. Dr. Chapin 
 writes: "It seems fair to conclude from all the data that wtj 
 have been considering, that an income under $800 is not enough 
 to permit the maintenance of a normal standard. A survey of the 
 
 1 Ibid, p. 237. 
 
626 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 627 
 
 V« . CI 
 
 }■ 
 
 , 
 
 .»■: :J 
 
 1^ 1^ 
 
 .1, 
 
 sn 
 
 II H 
 
 detail of expenditure for each item in the hudget shows some 
 manifest deficiency for ahnost every family in the $000 and $700 
 gronps. The housing average shows scarcely more than 3 rooms 
 for 5 persons. Three-fifths of the families have less than 4 rooms 
 and more than 1% persons to a room * * * One-third of the 
 $600 families are within the 22-cent minimum limit for food, and 
 30 per cent, of the $700 families spend 22 cents or under. In 
 the same way, the average expenditure for clothing in neither of 
 these groups reach $100, and 30 per cent, of the families are in 
 receipt of gifts to eke out the supplies of clothing. In sicknesa 
 the dispensary is the main dependence of these families. The 
 returns as to the furnishing of the houses shows that in the $600 
 and $700 groups adequate furnishing is scarcely attained.^ In 
 short, the families living in New York City on incomes between 
 $600 and $700 may afford none of the incidental comforts, and 
 are so reduced for necessaries that a decent standard of living 
 cannot be maintained. 
 
 The minimum of the Federal Investigation makes no allowance 
 for sickness, saving, insurance, amusement, or recreation, and the 
 Chapin study allows little or nothing for these purposes. Never- 
 theless, it appears that in a large city where rents are high (the 
 New York families with incomes between $600 and $700 paid an 
 average rent of $153.59), an income less than $600 will not pro- 
 vide even the necessities of existence. In districts, on the other 
 hand, where expenses for rent are low ($44.81 in the southern 
 states and $78 in Massachusetts) an income between $400 and 
 $500 will provide a family with the barest necessaries. 
 
 This data is obviously inadequate as a basis for any general 
 statement. Yet, for the localities under consideration, it seems 
 obvious that the sums named are scarcely sufficient to prevent 
 family dissolution. That families live on such incomes is beyond 
 question. That underfeeding, congestion, insanitation, and phys- 
 ical decadence are the frequent products of such living, goes al- 
 most without saying. 
 
 The actual number of items allowed for a fair standard of liv- 
 ing is somewhat greater than the number allowed for a minimum 
 
 1 " The Standard of Living Among Workingmen'a Families in New York 
 City," R. C. Chapin, N. Y., Charities Publication Committee, 1909, p. 245. 
 
 Standard, hence the cost of the standard exceeds, by a considerable 
 amount, the cost of the minimum standard. The Federal report 
 already referred to, fixes the cost of a fair standard for the south- 
 em mill town at $600 per year. This amount of income "will 
 enable him (the father) to furnish them good nourishing food 
 and sufficient plain clothing. He can send his children to school. 
 Unless a prolonged or serious illness befall the family, he can pay 
 for medical attention. If a death should occur, insurance will 
 meet the expense. He can provide some simple recreation for his 
 family, the cost not to be over $15.60 for the year." ^ 
 
 The same relation exists between the cost of maintaining a fair 
 standard in the South and in Massachusetts as that established 
 for the minimum standard. The total cost of providing a fair 
 standard for the English, Irish, and Canadian French in the 
 Massachusetts city is fixed at $731.98.^ 
 
 The Chapin study was made for the avowed purpose of deter- 
 mining the cost of a fair standard, and particular interest there- 
 fore attaches to the conclusions reached as a result of that investi- 
 gation. In summing up his study. Dr. Chapin writes: "An in- 
 come of $900 or over probably permits the maintenance of a 
 normal standard, at least so far as the physical man is concerned." 
 Regarding incomes below $900, Dr. Chapin makes the following 
 statement : " Whether an income between $800 and $900 can be 
 made to suffice is a question upon which our data do not warrant a 
 dogmatic answer." ^ 
 
 One other less complete, but highly satisfactory study has been 
 made of Standards of Living in the Stock Yards District of Chi- 
 cago. After an exhaustive investigation of which a rather com- 
 plete analysis appears in published form, the investigators report 
 that the minimum amount necessary to support a family of five 
 efficiently in the Stock Yards District is $800 per year.* 
 
 There have been several other investigations and estimates, less 
 complete and less conclusive, which lead to the same general con- 
 
 1 Woman and Child Wage Earners, op. cit., Volume XVI, p. 152. 
 ilbid, p. 244. 
 
 » " The Standards of Living Among Workingmen^s Families in New York 
 City," op. cit.. p. 246. 
 
 4 " Wages and Family Budgets in the Chicago Stock Yards District," J. C. 
 Kennedy and others, University of Chicago Press ,1914, p. 80. 
 
628 
 
 Appendix III 
 
 i] 
 
 a, 
 
 I!: I 
 
 JB8 
 
 JMli 
 TIEf 
 
 elusion, namely : that in the industrial cities of the northeastern 
 United States, the cost of a decent standard of living for a family 
 consisting of a man, wife and three young children, varies from 
 $750 to $1,000. 
 
 Whether a family is living on a minimum standard or a fair 
 standard of living, its bills must be paid by the use of income 
 derived from some source. It costs $750 for a family to maintain 
 a decent standard of living in a certain town. The question of 
 immediate importance before that family relates itself to the 
 means by which an income of $750 can be procured. 
 
 There are four principal sources of family income: (1) earn- 
 ings of the father; (2) earnings of the mother; (3) earnings of 
 the children ; and (4) the contributions of boarders and lodgers. 
 In addition to these four generally-relied upon sources, there are 
 a number of incidental ones, such as kitchen gardens, the collection 
 of wood, cast-off clothing and furniture, charity contributions and 
 the like. 
 
 A generally accepted Federal report covering 25,440 families 
 in 33 states gives the sources of family income as follows:^ 
 
 TABLE III 
 
 Pbb Cent or Family Income Derived from 
 
 Various Sources 
 
 Husbands 79.49 
 
 Wives 1 .47 
 
 Children 9.49 
 
 Boarders and lodgers 7 . 78 
 
 Other sources 1 . 77 
 
 100 
 
 The contribution of husbands, including those families in which 
 there were no husbands, constitutes four-fifths of the whole family 
 income. Women and children together contribute one-tenth, while 
 boarders and lodgers supply the remaining one-tenth. The other 
 studies in this field lead to the same conclusions. 
 
 1 Report of the United States Bureau of Labor, 1903, Washington Govern- 
 ment Printing Office, 1904, p. 51. 
 
 Minimum Wage Symposium 
 
 629 
 
 Any attempt to contrast the cost of a minimum or fair standard 
 of living with the amounts of income earned, in order to discover 
 whether the incomes received are sufficient to enable the recipients 
 to provide a certain standard, necessarily meets with the most ex- 
 treme difficulties. Families vary in size less than individuals vary 
 in the qualification for earning. Both variations make general 
 statements dangerous. Comparisons are rendered more difficult by 
 the lack of data regarding the incomes of women and children. 
 
 The most hopeful approach to the problem is of necessity made 
 through the study of the wages of adult males. This is the great 
 source of family income, and must continue so to be while the 
 present organization of the family and of industry continues. 
 
 A number of recent investigations throw considerable light on 
 the wage rates of adult males. There are, first of all, the Census 
 figures, showing classified wages in the manufacturing industries ; 
 then the Bureaus of Labor Statistics publish good wage data in 
 Massachusetts, New Jersey, Kansas, Wisconsin, Oklahoma, and 
 California ; the State Labor Bureaus and particularly the Federal 
 Labor Department have made special studies of the wages in cer- 
 tain industries, such, for example, as the steel industry, the tex- 
 tile industries, and the like ; and finally the Tariff Board presented 
 some excellent wage studies. All of these figures lead to the gen- 
 eral conclusion that in the industries of the United States, lying 
 east of the Rocky Mountains and north of the Mason and Dixon 
 line, half of the adult males in American industries receive less 
 than $600 a year, that three-fourths are paid less than $750 a 
 year, while nine-tenths earn a wage under $1,000 a year.* 
 
 This conclusion is reached by multiplying the weekly wage rates 
 by 52. It therefore allows nothing whatever for that unemploy- 
 ment which is so constant a factor in industrial society. 
 
 A typical wage scale is that furnished by the Bureau of Statisr 
 tics of New Jersey for males, 16 years of age and over, employed 
 in that state during 1912.^ 
 
 1" Wages in the United States," Scott Nearing, New York, Maemillan 
 Company, 1911. 
 « Bureau of Statistics of New Jersey, 1913, Paterson, 1914, p. 124. 
 
630 
 
 \ 
 
 I' I 
 
 i 
 
 Appendix III 
 
 TABLE IV 
 
 MvuD Employees im ras MiNurAcruaiNa Inoustribs o» 
 
 New Jersey, Who Evrved CBRTAm Rates of 
 Waoeb, 1913 
 
 Minimum Wage Symposium 
 
 631 
 
 Classification of Weekly 
 Waoej* 
 
 Under %5 
 
 $5 but under $8 
 8 but undfT 10 
 10 but under 12 
 12 but under 15 
 15 but under 20 
 20 but under 25 
 25 and over . . . . 
 
 Total 
 employtxi 
 
 Per cent 
 
 5,896 
 24,710 
 47.403 
 49,342 
 49,151 
 52.494 
 18,083 
 11.362 
 
 259,341 
 
 2.3 
 
 9.5 
 
 18.3 
 
 19 
 
 10.0 
 
 20.2 
 
 7.3 
 
 4.4 
 
 100 
 
 Although wages vary somewhat from industry to industry and 
 from one geographical region to another, tliis compilation for New 
 Jersey gives an excellent picture of a wage scale paid to a quarter 
 of a million men in one of the great industrial states. A com- 
 parison of the wages of adult males with the data relative to the 
 cost of a standard of living, leads to the conclusion that if a mini- 
 mum standard of living for a normal family costs from $450 in a 
 small industrial town to $650 in a large city that approximately 
 half of the male wage earners working under such a wage scale 
 are unable to provide a minimum standard in a small town and 
 approximately two-thirds are unable to provide a minimum stand- 
 ard in a large city. On the other hand, since a fair or an effi- 
 ciency standard for a normal family involves an outlay of from 
 $750 in a small industrial town to $900 in a large city, two-thirds 
 of the wage earners in small towns and three-fifths of the wage 
 earners in large cities are unable to provide a fair or efficiency 
 standard for a normal family. 
 
 There is one Massachusetts city in which an inquiry into wages 
 and the cost of a decent living standard were made simultaneously.^ 
 The city investigated depended primarily upon the textile indus- 
 try. Among the adult males employed in the textile industry in 
 this city, three-fifths of the adult males earned less than $416 
 
 » " Financing the Wage Earner's Family," Scott Nearing, New York, B W 
 Huebfich, 1913, pp. 116-117. 
 
 per year; nine-tenths earned less than $624 per year. Compare 
 these figures with the $484.41, minimum standard, and the 
 $690.95 efficiency standard, established by the Federal study, and 
 it appears that the wages earned in this one city by males over 21 
 years of age, are, in over half of the cases, insufficient to main- 
 tain a minimum standard, and in over nine-tenths of the cases 
 insufficient to maintain a fair standard for a family of three 
 children. The one instance in which comparable statistics of 
 standards and wages are available, confirms the impression of 
 the general statistics regarding the utter inadequacy of the wages 
 of many adult males to provide efficiency or even subsistence for 
 a normal family. 
 
 The statement cannot be too often reiterated, nor too strongly 
 emphasized, that these figures are estimates. They are stated in 
 bald fractions because the facts on which they are based, do not 
 justify any other form of statement. No wise statistician would 
 venture an even approximate judgment on material of so scanty 
 a character as that provided by the investigation in Massachusetts, 
 North Carolina, Georgia, New York City, Buffalo and Chicago. 
 
 There are, then, a considerable number of adult males working 
 in the industrial districts of the United States under a wage scale 
 that is insufficient to provide a minimum or subsistence standard 
 of living, while an overwhelming majority receive a wage insuf- 
 ficient to provide an efficiency or fair standard. Hence the patent 
 necessity for some additions to the father's wage through the 
 efforts of the mother and the children. 
 
 2. The Effect of Minimum Wnge Legislation 
 
 The need for some form of legislative interference with the 
 present economic situation of the semi-skilled and unskilled wage- 
 earner seems to be manifest The efficacy of a minimum wage 
 law passed at the present time by a State legislature is a matter 
 for serious consideration. Wage earners, employers and con- 
 sumers will be affected in some measure by the act. 
 
 Suppose that a stringent minimum wage law were passed. It 
 would affect, first of all, the wage-earning group, by stopping 
 wage-cutting competition among low-skilled laborers; by forcing 
 inefficient persons out of employment; by raising to a higher 
 
632 
 
 Appei^dix III 
 
 MmiMUM Wage Symposium 
 
 633 
 
 I'} 
 
 'I r 
 
 1.^ 
 
 :i'' 
 
 f- 
 
 r 
 
 I }- 
 
 level, or eliminating the submerged labor element; and by leveling 
 down the wages of higher standard labor groups. There seems to 
 be little question but that the minimum wage will act surgically 
 on the lower levels of wage-earners. It will prevent the disastrous 
 effects which have followed from competition among these lower 
 groups. It will at the same time throw out of employment such 
 of the lower-grade laborers as cannot meet the requirements which 
 the employing class is bound to exact in return for the advanced 
 wages. 
 
 The leveling-down process toward which the minimum wage 
 will tend is manifest at the present time, as a result of trade union 
 activity. Theoretically, the trade union fixed a minimimi wage; 
 practically, it fixes a maximum at the same tima Theoretically, 
 the law will fix a minimum, below which no employer can go; 
 practically, employers will resist bitterly every effort to fix a wage 
 above this rate. To be sure, the minimum wage will not be in- 
 voked in employments which are classed as highly skilled. There- 
 fore such employments will be exempt from any direct action of 
 the leveling-down process. Within the employments where the 
 minimum wage will be invoked, the leveling-down process seems 
 to me to be an inevitable one. 
 
 Secondly, the minimum wage will have its effect upon the em- 
 ployer. The low-standard employer, the sweater, the marginal 
 man, will be eliminated, as will be the marginal laborer. Highly 
 submerged industries, such as the sweating industries, will in 
 some cases be destroyed. Generally speaking, however, the great 
 body of employers will face little or no financial loss as a result 
 of minimum wage legislation. 
 
 Three forces will prevent a loss to employers from minimum 
 wage legislation. In the first place, the imposition of a minimum 
 wage will lead to a decrease in the number of inefficient persons 
 employed, and therefore to an increased working efficiency for the 
 entire plant. The imposition of a minimum wage will probably 
 not increase the labor cost per unit of output except in those in- 
 dustries which now pay wages far below the legal minimum rate. 
 The increased efficiency resulting from the minimum wage de- 
 mand will guarantee this, and the increased esprit de corps of 
 the working forces will insure it Furthermore, if it appears to 
 
 the employer that the minimum wage is threatening his net earn- 
 ings, there is scarcely an industry in which the employing group 
 is not sufficiently strong to organize, raise prices, and thus hand 
 on the increased wage rate to the consumer in the form of higher 
 prices. 
 
 The effect of minimum wage legislation upon the public will be 
 more far-reaching and drastic than its effect upon the workers as 
 a group, or upon the employers as a group. There will be more 
 dependence as a result of the unemployment that inevitably ac- 
 companies the imposition of higher standards in industry. In 
 many communities standards of living will be materially raised 
 because of the minimum wage that workers are able to secure. 
 In practically every field, however, there will be a material in- 
 crease in prices, bulwarked by the excuse that the increasing wage 
 has necessitated price increases. There seems to be no escape 
 from the conclusion that at the present time the employing inter- 
 ests in the United States are enormously powerful, and very 
 closely knit together in their broader activities. The general rise 
 in prices at the outbreak of the European War furnished an ex- 
 cellent illustration of the psychology of American producers. 
 Without conspiracy or pre-arranged plan, their clearly understood 
 interests led almost immediately to concerted action. Unless a 
 price-fixing power accompanies the general enactment of minimum 
 wage legislation, the public will be called upon to pay an increase 
 in prices which will cover the increased labor cost, plus whatever 
 price increases the employing group is able to saddle on the public 
 under the plea of increased wages. 
 
 The minimum wage is a reform neither drastic nor far-reaching 
 in itself. It will not touch the larger relations between capital 
 and labor in any way. The minimum wage is a necessary part 
 of any broad gauge program of reform. Coupled with price-fixing 
 power, it will prove as efficacious as any regulative measure can. 
 The minimum wage, by itself, will eliminate some industrial sore 
 spots, but the public will pay dearly for every gain. 
 
 You will note that I have discussed the necessity of minimum 
 wage legislation from the standpoint of the family. Too much 
 emphasis has, in my opinion, been laid on minimum wages for 
 women and children, and too little on a minimum wage that wiU 
 insure family income. 
 
634 
 
 Appewdix III 
 
 Minimum Wage Symposium 
 
 635 
 
 • 
 
 If 
 
 Statement of Edward Alsworth Ross 
 
 I favor State supervision and regulation of wagi\s paid to 
 women and minors for the following reasons : 
 
 1. These classes of workers are usually weaker bargainers 
 tlian those to whom they sell their labor. 
 
 2. Owing to their defenceless economic position they are rarely 
 able to hold off from a bad bargain as stubbornly as the buyers 
 of their labor. 
 
 3. There is no prospect that these workers will be able to 
 strengthen their position by unionization as adult male workers 
 have sometimes been able to do. 
 
 4. Sharp competition between manufacturers does not neces- 
 sarily result in employers bidding up for such workers; such 
 competition may simply result in lowering the price of the 
 product to the public. Thus the ultimate exploiter of underpaid 
 labor may not be the employer at all, but the public which is 
 buying a product or a service at less than it is really worth. 
 
 5. The underpayment or the over-work of girls and young 
 women is more far-reaching in its harm to society and the race 
 than any other economic ill. ITnder-nourishment or over-exer- 
 tion sap the vitality needed for the successful bearing of the bur- 
 dens of wifehood and motherhood. 
 
 6. The wretched existence of underpaid working girls handi- 
 caps virtue in its resistance to the allurements of the gilded life 
 of vice and contributes to prostitution, the deadliest enemy of 
 the home and of race perpetuation. 
 
 7. Whole groups of underpaid workers may in consequence of 
 underliving sink into such a condition of inefficiency and hope- 
 lessness that they are altogether powerless to extricate them- 
 selves from it by their own efforts. Such a situation justifies 
 the reaching down of a strong arm from outside. 
 
 8. AATien the employer enjoys a complete or partial monopoly, 
 the raising of wages by State action may diminish his monopoly 
 profits ; when employers are in keen competition, the effect is not 
 to lessen their profits but possibly to lift the price of their 
 products to the public. 
 
 9. The subjection of home manufacturers to competition with 
 
 outside manufacturers underpaying their labor does not forbid 
 State regulation of wages because the efficiency of the workers 
 may increase pari passu with the raising of their wages. In such 
 cases, however, prudence may require the wages to be advanced 
 by degrees. 
 
 10. iState action on wages should be exercised through a 
 permanent commission acting only upon adequate investigation 
 and with power to alter the legal wage to meet changing condi- 
 tions. 
 
 Statement of John A. Ryan 
 
 (Reprinted from the "Live Issue.") 
 
 At least six states of our country now have some form of mini- 
 mum wage laws. They are Massachusetts, Minnesota, Oregon, 
 Washington, California and Utah. Some three or four others 
 have appointed commissions to study the subject and report to the 
 next L^slature. If the experience during the coming two years 
 of those states which have already adopted the measure should 
 prove at all favorable, we can confidently look forward to the 
 enactment of the same legislation by many other states in 1915. 
 
 The presumptions and probabilities are all so decisively in favor 
 of the l^al minimum wage that the burden of argument is already 
 upon those who stand in opposition. It seems, therefore, better in 
 a brief article like the present one to devote attention to some of 
 the most frequently urged objections. 
 
 Some Misconceptions 
 
 No intelligent advocate of the minimimi wage thinks that it 
 will of itself solve the labor question. It is merely one element 
 in the solution. But it is an indispensable first element Between 
 one-half and two-thirds of the wage earners of the United States, 
 both male and female, are today compelled to accept less than 
 living wages. Neither labor organizations nor the good will of 
 employers, nor blind economic forces, will bring the remuneration 
 of these workers up to a decent level within one or two generations. 
 This is a proposition which will not be denied by any competent 
 economic student Hence the upward impulse must be given by 
 
 real! 
 
636 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 637 
 
 t' 
 
 ■<t 
 
 I 
 
 ;l 
 
 
 t ■* 
 } 
 
 
 legislation. But a legal minimum wage must be supplemented by 
 a comprehensive scheme of industrial education which will in- 
 crease the productiveness of low grade workers, and by systematic 
 provisions against unemployment which will take care of those 
 workers who will not be fully protected either by the minimum 
 wage or by vocational training. Now, the State will not adopt 
 either of the latter two measures with sufficient celerity or com- 
 prehensiveness until it is forced to do so by the exigencies and 
 consequences of a minimum wage law in operation. 
 
 Another misconception is the assumption that the legal mini- 
 mum wage is to consist of a single flat rate decreed by a State 
 Legislature. No one advocates this except as a partial and tempo- 
 rary expedient, and at a figure so low as to benefit only the lowest 
 paid workers. The nominal and usual method is to establish an 
 impartial commission which is employed to fix minimum rates 
 of wages, varying in different localities within a state according 
 to the varying cost of decent living. 
 
 The Project is Not Socialistic 
 
 Those who are at a loss for genuine argument — and occasion- 
 ally a few other misguided persons — tell us that the minimum 
 wage is Socialistic. Apparently their thought is that any new 
 and pronounced extension of state authority to industry must be 
 thus characterized. If this assumption were true it would be 
 equally decisive against the parcels post, government savings 
 banks, workmen's compensation laws, child labor restrictions, and 
 all other forms of labor legislation. All these do things which the 
 State would do under Socialism. Whether a given industrial 
 statute is Socialistic or not may be considered as a question of 
 principle or as a question of practical tendency. Judged by the 
 former standard, the minimum wage is clearly not Socialistic; 
 for it merely regulates, restricts, conditions the wage contract in 
 private employments, whereas under Socialism private employ- 
 ments would be not regulated but abolished. As to the practicable 
 consequences of minimum wage legislation, some persons main- 
 tain that these will make Socialism appear more plausible, while 
 others with greater reason hold that if the legislation is effective, 
 it will deprive Socialist agitators of their strongest practical argu- 
 
 ment, namely, the wretchedness of the working classes, and that 
 if such legislation is not enacted the movement towards Socialism 
 will increase in momentum and volume. 
 
 The Right of the State in the Matter 
 
 Closely related to the objection considered last week is that 
 which maintains that the regulation of wages is outside the 
 province of the State. Usually the persons who make this asser- 
 tion do not take the trouble to support it by positive argument. 
 As a matter of fact, the State has not only a right, but a duty of 
 enacting such legislation. It is bound to protect the natural rights 
 of the individual. In the case of the wage-earner, the claim to a 
 decent living wage is, as Pope Leo XIII declared, a natural right. 
 
 When, therefore, the State cannot guard this right by any other 
 means than a minimum wage law, its obligation to pass such a 
 law is clear and urgent — quite as clear and urgent as its duty 
 of protecting the individual's life, limb or property. None of 
 these latter goods are essentially more important to the wage- 
 earner than his livelihood, and his livelihood depends upon his 
 wages. 
 
 If the State is unable or unwilling to protect this, it is to that 
 extent a failure. 
 
 The Economic Objections 
 
 Those who assert that the legal minimum wage is impracticable 
 forget that it is, so far as its economic aspects are concerned, in 
 precisely the same case as though the minimum wage were estab- 
 lished by a trade union or by a voluntary action of the employer. 
 Yet there are innumerable instances of the former, and an in- 
 creasing number of the latter. If the minimum wage set up by 
 these two means has not destroyed industries or injured the 
 workers, there is no reason to suppose that either of these things 
 will occur when the minima are established by legal authority. It 
 is the effect of the minimum, not its cause that has economic 
 significanca 
 
 There is, indeed, one economic objection which has some 
 validity when stated with proper restrictions. As commonly 
 formulated, however, it is self-refuting because it proves too much. 
 
638 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 639 
 
 li 
 
 * Ml 
 
 lim 
 
 'I I 
 
 It runs substantially thus: A minimum wage that raises the re- 
 muneration of the poorest paid workers will increase the cost of 
 production; higher cost of production will necessitate higher 
 prices to the consumer; increased cost to the consumer will be 
 followed by a lessening of the quantity purchased ; and the final 
 result will be diminished production and diminished employment. 
 Thus the working class will suffer in unemployment what it gains 
 in wages. 
 
 If this argument were sound it would be fatal to every measure 
 for the betterment of labor conditions. Every bit of labor legis- 
 lation ever enacted, whether for shorter hours, safety devices in 
 factories, the restriction of child labor, or compensation for injured 
 workingmen, increases, or apparently increases, or tends to in- 
 crease the cost of production, and therefore forges all the other 
 links in the chain of evil consequences enumerated above. More- 
 over, every gain in wages obtained -by any group of workers by 
 any means whatever, sets in motion the same series of bad results. 
 What is gained by the laborers immediately concerned and kept 
 at work is lost by those who are thrown out of employment through 
 the falling off in demand for goods and labor. Hence the argument 
 proves, if it prove anything, that all attempts to better the con- 
 dition of labor are futile, in as much as they merely shift the 
 burdens from one section of the working class to another. It 
 shows, moreover, that the system of private capital and competitive 
 labor is bankrupt. Verily, the argument proves too much. 
 
 It is likewise too simple. It is used only by persons whose view 
 of industrial processes is superficial. The fact of the matter is 
 that there are at least four, instead of only one, sources from which 
 the higher wage outlay required by a minimum wage law can be 
 derived. Let us review them briefly. 
 
 Increased Efficiency of Labor 
 
 Experience has abundantly shown that the lowest paid labor is 
 not always the cheapest In many occupations the laborer who 
 receives a wage sufficient to maintain him in normal physical vigor 
 and moral spirits is more profitable to his employer than the 
 laborer whose meagre wages force him to do without the things 
 that are necessary for normal efficiency. It is certain that many 
 
 of the factory and department store girls who are now undeiv 
 nourished and under-supplied with other necessaries of life would, 
 if they were paid living wages, make up the difference to their 
 employer in working efficiency. It is not maintained that all 
 workers whose pay was raised by a minimum wage law would in- 
 crease their efficiency to this extent ; but some of them would, and 
 practically all of them would add somewhat to their working out- 
 put. Hence a great part of the higher wage outlay would be pro- 
 vided by the workers themselves. 
 
 Equalization and Scaling Down of Profits 
 
 Persons who glibly assert that in the event of a minimum wage 
 law employers would discharge all or the greater part of their 
 employees to whom they are now paying less than the legal mini- 
 mum, assume that the latter are now getting all that they are worth 
 to their employers. Nothing could be further from the truth. In 
 every important industry the variations in wages paid to the same 
 class of labor are surprisingly large and numerous. There are 
 always some employers who could pay living wages to all their 
 employees and still make normal profits. This was admitted to 
 be true of the Chicago department stores by several of the man- 
 agers before the O'Hara investigating committee last winter. A 
 legal minimum wage would not compel this more efficient class of 
 employers to raise prices nor to make any important change in 
 the conduct of their business. It probably would force some of 
 the less efficient employers out of business, but this would be a 
 good thing, as it would give more business to those employers who 
 were able to pay living wages without raising prices or discharg- 
 ing laborers. The inefficient employer, like the parasitic industry, 
 has no right to economic existence. 
 
 Higher Prices to the Consumer 
 
 It is quite probable that not all the increase in wages called for 
 by a minimum wage law would be furnished by the three sources 
 just considered, and that in some industries prices would have to 
 be raised to the consumer. Just how far this would be true no man 
 can tell, or even guess, beforehand. In any case, we must re- 
 member that higher prices would not mean a corresponding 
 
 II 
 
til 
 
 640 
 
 Appendix III 
 
 diminution in the amount of goods purchased. For many cus- 
 tomers — the more wealthy — would continue to buy as much as 
 formerly; and many of those wage earners whose pay had been 
 raised by the legal minimum wage would increase Uie amount of 
 their purchases. So far as economic experience and principles 
 throw light on this matter, they justify the statement that even 
 in those industries where the price of the product had been raised, 
 the total demand for goods might be increased rather than 
 diminished. Consequently, there might be no lessening of em- 
 ployment. 
 
 Let us assmne, however, for it is possible, that there would occur 
 a considerable diminution of employment. This would be a hard- 
 ship, of course, but it would be more than offset by the benefits to 
 the vast numbers of workers who were receiving living wages in 
 consequence of the law. It is better that a small minority of the 
 laboring class should be thrown out of work than that all should 
 continue employed only on condition that the majority be paid 
 wages insufficient for decent living. If the minimum wage should 
 result in any considerable amount of unemployment, the State 
 would be compelled to provide a systematic and adequate solution 
 of the problem. It would also be forced to hasten the provision 
 for industrial training. These two possible by-products of a 
 minimum wage law would be of themselves sufficient to justify 
 its enactment. The policy of taking care of the inefficient workers 
 by employing them at less than living wages, and thus dragging 
 down the standard of life of the majority of the laboring class, 
 is neither humane nor scientific. It must give way to the policy 
 of maintaining a minimum standard of decent remuneration andf 
 living for all who are employed, and of providing for the in- 
 efficient in some other way. 
 
 Experience Favorable 
 The legal minimum wage has been tested in only two countriefl, 
 England and Australia. In the former it has been in operation 
 only three years, but it has already doubled the wages of the help- 
 less women workers in three of the trades to which it has been 
 applied (see the " Catholic Social Year Book for 1913 ")• The 
 law was first applied to a few trades in Australia (in the State of 
 
 Minimum Wage Symposium 
 
 641 
 
 Victoria) seventeen years ago. Since that date it has been steadily 
 extended to other trades and other states with increasing success 
 and increasing public approval. The latest authoritative observer, 
 Professor M. B. Hammond, of Ohio University, who studied the 
 operation of the law on the ground about a year ago, writes of it 
 as follows : " Employers and employees there differ more or less 
 in their views as to what is the best machinery for bringing the 
 legal minimum wage into existence and securing its enforcement. 
 Differences of opinion exist also as to the range of industries to 
 which it should be applied — but few persons could be found 
 today, either in Australia or New Zealand, who would challenge 
 the statement that the principle of a legal minimum wage has been 
 accepted as a permanent policy in the industrial legislation of that 
 portion of the world." (" The American Economic Keview," June, 
 1913, p. 259.) 
 
 Is there any rational ground for assuming that this kind of 
 legislation would be less successful in the United States? 
 
 Statement of Henry R. Seaqer 
 
 The sweating system is a comprehensive term lor aescnbing 
 any situation in which the worker is at such a disadvantage that 
 he is forced to work long hours under unsanitary conditions for 
 iitarvation wages. It shows itself at its worst in this country in 
 connection with home work in our large cities. INTew York City 
 is the seat of the clothing industry. In some branches of that 
 industry the workers enjoy fairly good wages and work only a 
 reasonable number of hours a day, but in others, particularly 
 branches carried on by home workers, under the contract system, 
 conditions are deplorable. This home work is imdertaken for the 
 most part by women and children. The pieces or partially 
 finished garments are taken from the contractor with the under- 
 standing that the work will be done at so much a garment. He is 
 a shrewd, ambitious and often relentless bargainer with full 
 knowledge of the market conditions. On the other hand the 
 women who undertake to do the work with the help of their chil- 
 dren know little beyond their own necessities and how much work 
 
 Vol. 1 — 21 
 
:,! 
 
 f, 
 
 1!, 
 
 
 II 
 
 I 
 
 
 642 
 
 Appendix III 
 
 they can turn out in a given time. They have no standards or 
 organization to oppose to the contractors' desire to cut the rate. 
 The result, as might be expected, is that wages are forced below 
 even a bare living level. Only in the busiest seasons and for the 
 most skilled workers is it possible for a family in New York to 
 support itself in decency by home w^ork. Ordinarily the wages 
 earned by women and children working with the desperation born 
 of necessity have to be supplemented by earnings of other mem- 
 bers of the family or by charitable relief if the family is to be 
 held together and preserved from gradual starvation. 
 
 The worst evil of the sweating system is low wages. Though 
 forced to the lowest point in connection with home work, low 
 wages pursue women and children wherever they are employed. 
 The tenement home worker in New York finds it difiicult to make 
 much over fifty cents a day, and children of course make consid- 
 erably less. The girl employed in store and factory finds it diflS- 
 cult to secure over one dollar a day. Dr. Woolston in the evi- 
 dence which he laid before the Factory Investigating Commission 
 showed that of 15,000 girls in industrial lines in New York whose 
 wages were studied, 8,000 received '$6.50 a week 6r less even in 
 the busy season. An earlier investigation showed that the ma- 
 jority of girls and women employed in New York department 
 stores received $7.00 a week or less. 
 
 Since low wages are the heart of the evil any remedy to be 
 effective must address itself directly to the wage problem. This 
 is what the minimum wage does. It aims to cure the evil at its 
 source. Any other remedy for the sweating system is at best a 
 palliative. 
 
 The first country to conceive the bold project of raising wages 
 by making it unlawful to pay wages below a certain level was 
 Victoria, Australia. Gold discoveries had caused a too rapid ex- 
 pansion of the country's population in the eighties. In the early 
 nineties disappointed gold seekers and their families drifted 
 toward Melbourne, and became victims of a rapidly growing 
 sweating system. After long discussion a wage board act was 
 passed in 1896, applying to the worst sweated trades, clothing, 
 boots and shoes, furniture and baking. The plan of this act was 
 simple. Wage-boards were to be organized in each of these traded 
 
 Minimum Wage Symposium 
 
 643 
 
 composed of an equal number of representatives (two to five from 
 each side) of the employers and the employees and they were to 
 fix the minimum wages and the maximum hours that should be 
 permitted in the trade. After thirty days their determinations 
 were to have the binding force of law. Piece rates as well as day 
 rates were to be fixed, and in determining the latter the board was 
 to be guided by the output of a worker of average skill and speed 
 in a normal day. The prescribed minimum day wage was 
 thus to be divided by the number of pieces such worker could turn 
 out and the quotient was to be the minimum legal piece rate for 
 that particular task. 
 
 Notwithstanding some reluctance on the part of employers, the 
 boards were organized early in 1897 and their determinations 
 reached before the end of tiiat year. That of the Board on the 
 clothing trade was most difficult because here as with us home work 
 on the piece wage basis was specially prevalent. The minima 
 fixed by this Board were 7s. 6d. per day ($1.87) for men and 
 38. 4d. per day (83c.) for women, with lower rates for apprentices 
 and learners. Appended to these day rates were carefully worked 
 out piece rates numbering thousands of items, which were equally 
 
 binding. 
 
 The enforcement of these piece rates was the most important 
 feature of the new system. This meant that the pay of home 
 workers should no longer be left to the relentless competition of 
 the sweating contractors, but should be adjusted to the level made 
 the minimum for shop and factory employees. This enforcement 
 encountered many obstacles. Contractors tried to evade it by sub- 
 stituting for the wage contract a sales contract, that is, instead of 
 giving out pieces to be made up into garments at agreed rates, they 
 nominally sold the pieces on credit to the sweated worker and 
 agreed at the same time to buy back the garments when finished at 
 somewhat higher prices. This was prevented by making every 
 contract which was equivalent to a wage contract subject to the 
 same limitations as wage contracts. Also the workers were re- 
 quired to pay premiums for the privilege of securing work at the 
 legal rates. This was likewise held to be in violation of the law. 
 In spite of difficulties persistent efforts on the part of the govern- 
 ment inspectors, backed by the better class of employers whose self- 
 
 i| 
 
644 
 
 APPEITOIX III 
 
 IN 
 
 interest made them eager to see all their competitors pay as high 
 wages as they themselves were required to pay, made enforcement 
 more and more satisfactory. Within a few months the system 
 began to have a marked tendency to put an end to home work, and 
 to transfer industry to well organized shops and factories where the 
 workers were assisted by power machinery and efficient organiza- 
 tion to earn the wages which employers must in any case pay. 
 
 Introduced at first for the four worst sweated industries only, 
 the system was gradually extended to other industries. Notwith- 
 standing a change of government in 1902 the system, after a few 
 months' interval, due to disagreement as to certain amendments, 
 was continued in operation. In 1905 it was made a permanent 
 policy of Victoria and a Court of Appeals was provided consist- 
 ing of a judge of the Supreme Court assisted by assessors repre- 
 senting the two sides to pass on appeals from the decisions of the 
 boards. By this means greater uniformity has been given to the 
 wage rates established for different industries. 
 
 Since 1905 the system has been extended to trade after trade 
 until at the end of last year (1913) 134 different trades embrac- 
 ing all of the important industries of the state except farming, 
 domestic service and government employments were brought un- 
 der it. To-day the regulation of minimum wages and maximum 
 hours by wage-boards may thus be said to be the accepted system 
 in Victoria. It has also been introduced in one form or another 
 into the other states of Australia, which have not in its stead the 
 New Zealand system of regulation of wages and hours through 
 compulsory arbitration. 
 
 This is in itself sufficient proof of the success of the system. 
 The results that may be credited to it are : 
 
 (1) Standardization of wages and hours, in a way that protects 
 the weak and ignorant from the exploitation by unscrupulous 
 employers of which they were previously the victims. This has 
 gone so far that it is generally agreed that since the system was 
 introduced all the worst features of the sweating system have dis- 
 appeared. This standardization has not meant that the mini- 
 mum wages fixed have become the usual wages. This point was 
 investigated in 1902 by the Labor Department. In the clothing 
 industry it was found that while the minimum fixed by the Board 
 
 Minimum Wage Symposium 
 
 645 
 
 for men was 45s. ($11.25) a week, the average actually paid was 
 58s. 6d. or $2 a week more. The minimum for women was 368. 
 a week, while the average was 42s. 3d. or $1.50 a week more. 
 Even the minimum wages prescribed by the Board are subject 
 to exceptions. When it can be shown that a worker is too old 
 or infirm or too slow owing to some physical or mental disability 
 to be able to earn the minimum and yet would be better off if 
 allowed to earn something, such worker may be licensed to work 
 for less. The proportion of these sub-normal workers that any 
 employer may have on his payroll is limited so that there is no 
 danger that their competition will lower the wages of normal 
 workers. 
 
 (2) Education of the public as to actual industrial conditions, 
 and the development of a more enlightened and sympathetic atti- 
 tude toward other reform proposals. 
 
 (8) The creation of more friendly relations between employers 
 and employees and the lessening of strikes and other symptoms 
 of industrial friction. By serving on the wage-boards both em- 
 ployers and employees acquire an understanding of the wage- 
 problem in all its bearings that makes them much more reasonable 
 in their demands and expectations. 
 
 So long as this novel experiment was confined to Australasia, 
 it seemed too far off and too little related to the more complex 
 conditions of the larger industrial conununities of Europe and 
 America to be of much significance. Even now when it affects 
 about three-fourths of the industrial population of Victoria, it 
 applies to only about 150,000 wage earners. With only one large 
 city and a predominantly agricultural population, Victoria would 
 clearly be a dangerous guide for a state like New York with more 
 people in its large cities than are found in all Australia taken 
 together. 
 
 It was not until the same policy, with unimportant modifica- 
 tions, was adopted by the United Kingdom in 1909 that it began 
 to attract the serious attention of American students and legis- 
 lators. The English act, like its Victorian model, applied at the 
 outset to four trades only — (1) the clothing industry; (2) cer- 
 tain branches of the lace industry; (3) the paper box industry; 
 and (4) certain branches of the chain industry in which women 
 
t 
 
 I ; 
 
 I ' » 
 
 ii 
 
 ■a 
 
 I 
 
 If 
 
 'I 
 
 646 
 
 Appbjtdix III 
 
 blacksmiths were predominantly employed. General superviBion 
 of the system is given to the Board of Trade (corresponding to 
 one of our departments of labor). The boards are composed not 
 only of representatives of the employers and employees, but of the 
 public, and from these last the chairman and secretary of the 
 board are named. The boards are required to fix minimum wages, 
 both time and piece, and maximum hours, for different classes of 
 employees, including men. If no piece wage has been fixed for 
 a given task, the burden of proof that the piece rate actually paid 
 conforms fairly to the standard day wage rests on the employer. 
 As in Victoria the board may grant licenses to aged, infirm or 
 otherwise subnormal workers to receive less than the standard 
 wages but in no case may the employer draw more than one-fifth 
 of his employees from this subnormal class. The wage deter- 
 mined upon does not become binding until after three months 
 or until formally ratified by the Board of Trade. 
 
 Boards were organized as rapidly as possible in the four trades 
 designated in the act The worst sweated of the four was chain 
 making. An investigation made in 1907 showed that adult 
 women in this industry were earning only from four to seven shill- 
 ings ($1.00 to $1.75) a week and that the average was only five 
 shillings ($1.25) a week. The board decided on a minimum 
 rate of 2y2d. or 5 cents an hour — a rate that seems to us piti- 
 fully low. Nevertheless it represented an advance in women's 
 wages of 60 per cent, and was objected to by employers as likely 
 to drive the industry out of the country. As a matter of fact it 
 had no such effect and there was every prospect that a higher 
 minimum would be fixed when the European war broke out and 
 made any change during the conflict unwise. For the lace-mak- 
 ing trade a minimum of 2%d, (51/2 cents) an hour was fixed for 
 women workers and for box making, which is carried on entirely 
 in cities where the cost of living is higher, of 3d. ( 6 cents) . The 
 worst aspect of paper-box making was home work and to lessen it, 
 so far as possible, the board coupled with the 3d. minimum the 
 provision that the lower rate of pay permitted for learners should 
 be paid only to learners in shops and factories. This means that 
 every home-worker must be paid the equivalent of the six-cents- 
 an-bour rate. This seems little enough, but contrasted with the 
 
 MmiMUM Wage Symposium 
 
 647 
 
 rate of three cents an hour, the amount which skilled home workers 
 were found to be receiving in 1907, it represents a substantial 
 
 gain. 
 
 As in Victoria, so in the United Kingdom, this system of hav- 
 ing minimum wages determined by wage-boards as a means of 
 preventing the sweating system, was soon extended to non-sweated 
 industry. In 1912 the coal mines of the country joined together 
 in a mighty strike to have 5s. a day for men and 2s. a day for 
 boys made the minimum wages for coal miners throughout the 
 whole country. Some of the mine owners were unwilling to con- 
 cede this demand. As the coal famine became more serious and 
 even factories and railroads were threatened with lack of this in- 
 dispensable commodity, the government felt constrained to in- 
 tervene. Unwilling to establish by statute the minima demanded 
 by the men, the government passed an act creating wage-boards 
 for coal mines in the different districts with the same powers as 
 the wage-boards previously provided for the sweated industries. 
 Thus coal mining, the most important industry of the country, 
 and one in which the law prohibits the employment of women 
 and girls, is brought under the control of wage-boards. 
 
 The British experiment is not yet four years old, but already 
 its success may be confidently asserted. It is accomplishing for 
 the United Kingdom on a larger scale and in the face of much 
 greater difficulties the same results that had been accomplished 
 in Australia. There is there no thought of abolishing the system. 
 Instead the Board of Trade has already taken steps to extend it 
 to four other industries. 
 
 The introduction of wage-boards in the United Kingdom helped 
 to make the proposal a practical issue in the United States. In 
 1911 Massachusetts created a Commission on Minimum Wage 
 Boards which reported in 1912 in favor of the introduction of 
 the system in that State. A law creating a permanent Minimum 
 Wage Commission was passed June 4th, of that year, with power 
 to organize wage boards for industries where investigation showed 
 that the wages paid were insufficient to enable " a substantial 
 number of female employees * * * to supply the necessary cost 
 of living and maintain the worker in health." 
 
 Few persons who are not following the matter closely realize 
 
1 
 
 648 
 
 Appendix III 
 
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 , I, 
 
 I!' 
 
 11 
 
 , (• 
 
 how rapidly this reform is sweeping over the United States. In 
 1913 eight States, California, Colorado, Minnesota, Nebraska, 
 Oregon, Utah, Washington and Wisconsin passed minimum wage 
 laws. They were all in the middle or far West, but that Massa- 
 chusetts' example was also attracting attention in the east was 
 shown by the action of Connecticut in directing its Commissioner 
 of Labor to continue an investigation of the condition of women 
 and child wage-earners in the State already begun and of New 
 York in continuing its Factory Investigating Commission for the 
 express purpose of studying the subject. Michigan and Indiana 
 also created Commissions to study the condition of women wage- 
 earners in those States. 
 
 This year this legislation has begun to bear fruit in valuable 
 reports on the wages received by women and children in different 
 industries and in actual wage determinations. 
 
 The usual plan adopted by the nine states which have l^s- 
 lated is to create a State Wage Commission with power to organize 
 wage-boards in industries where they are found to be needed and 
 to give legal force to their determinations as to the minimum 
 wages that should be paid. Utah has adopted the more direct if 
 less scientific plan of providing by law that the minimum wage 
 for adult and experienced women workers in that State shall be 
 $1.25 a day, for adult learners, whose apprenticeship may net 
 last more than one year, 90 cents, and for children under eighteen, 
 75 cents. Colorado vests the Commission itself with power to 
 fix the minima without the formality of a determination by a wage 
 board. 
 
 Wage determinations have been reached in Massachusetts, Ore- 
 gon and Minnesota, and these exhibit the tendencies of the system 
 even if not yet its full effects. Oregon was the first State to act. 
 Through successive orders it has fixed the minimum rate of pay 
 for adult experienced women workers in the State at $8.25 a week 
 and the maximum number of hours at 54. For girls between the 
 ages of 16 and 18 the minimum wage has been put at $1 a day, 
 and the maximum hours at 8 hours and 20 minutes a day, to con- 
 clude not later than 6 p. m., and at 50 hours a week. Where girls 
 are employed side by side with adult women permitted to work 
 nine hours a day, their work day may be made nine hours by 
 
 Minimum Wage Symposium 
 
 649 
 
 special permit, provided the Commission is convinced that the 
 work is of such a character as not to endanger their health. For 
 Portland higher minima are fixed; for adult experienced women 
 workers in manufacturing establishments $8.64 a week, and in 
 mercantile establishments (where the expense for dress is heavier) 
 $9.25 a week. These determinations were based on careful stud- 
 ies of the cost of living and in each case are accompanied by the 
 declaration " any lesser amount being hereby declared inadequate 
 to supply the necessary cost of living to such workers and to main- 
 tain them in health." 
 
 The constitutionality of the Oregon law was at once questioned, 
 but on March 17, 1914, in the case of Stettler vs. Industrial Wel- 
 fare Commission, the act was upheld by the Oregon Supreme 
 Court as a reasonable exercise of the police power for the protec- 
 tion of the health and morals of the women and girls of the State. 
 This case will soon be argued on appeal before the Supreme Court 
 of the United States. 
 
 The first industry to be brought under the system in Massachu- 
 setts was brushmaking. As in Oregon action was preceded by a 
 careful study of the cost of living. For Boston the minimum for 
 a girl or woman not living at home was found to be between $8.00 
 and $9.00 a week — $8.71 according to a first report, $8.28 ac- 
 cording to a second. On the basis of these estimates the minimum 
 rate for adult experienced brush workers was fixed at 15% cents 
 an hour, or $7.75 for a full week's work of 50 hours. Learners or 
 apprentices may be employed for not longer than one year at 65 
 per cent, of this rate. If a piece rate in any case affords less than 
 this legal time rate, the worker may claim the time rate instead 
 and refusal is a violation of the decree. This rate is proposed as 
 a compromise with the clear intimation that the higher rate of 
 18 cents an hour necessary to give a wage-earning woman $9.00 
 a week will probably be fixed at a later period. Careful investiga- 
 tions have been made of the wages paid in laundries and candy 
 factories in Massachusetts, but no determination has yet been 
 reached as to minimum wages which should prevail in these 
 industries. 
 
 The Minnesota Commission consisting of the Commissioner of 
 Labor, an employer of women and a woman who serves as secre- 
 
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 Minimum Wage Symposium 
 
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 tary has just made its first determinations. Advisory boards were 
 organized in the Twin Cities, Minneapolis and St. Paul, for 
 manufacturing and mercantile industries, respectively, and a 
 single board for both together in Duluth. These boards arrived 
 at strikingly similar conclusions as to what the maintenance of a 
 decent standard of living for a single woman required. The two 
 boards in the Twin Cities fixed on $8.66 and $8.76 as the neces- 
 sary minimum, and the Duluth Board on $8.50. The Commis- 
 sion, from which the employer member had meantime resigned, 
 established $9.00 a week as the minimum wage for adult ex- 
 perienced women workers in mercantile establishments, tele- 
 phone and tel^raph companies, and office work in cities of the 
 first class, $8.60 in cities of the second class and $8.00 in all 
 other parts of the State. Minima for manufacturing establish- 
 ments, laundries, hotels and restaurants were made 25 cents 
 lower, except that $8.00 was retained as the minimum for all 
 parts of the State outside of the large cities. This determina- 
 tion was hardly arrived at when its enforcement was held up by 
 an injunction based on the contention that the act was unconstitu- 
 tional. 
 
 Foreseeing this difficulty Ohio was farsighted enough to insert 
 a minimum wage provision into its new constitution of 1913. If 
 we desire similar legislation in this State we must bestir ourselves 
 to get a similar provision in our new constitution. • 
 
 Since we cannot yet judge from American experience the 
 effects of this new method of dealing with the sweating system, 
 what conclusions are suggested by an analysis of the economics 
 of the matter ? Can a community by merely decreeing through 
 a board or commission that wages as high or higher than the sum 
 found to be necessary to maintain a decent standard shall henc^ 
 forth be paid to its women workers really achieve this desirable 
 result ? And if it can do so, will the plan not entail other hard- 
 ships upon women workers worse than the disease which it aims 
 to cure? 
 
 As to the first point general reasoning and the experience of 
 Australia and England justify a confident " yes." If the com- 
 munity stands behind the policy and provides the necessary 
 machinery for enforcement a decent living wage can be secured 
 
 for women workers. But the policy clearly involves serious re- 
 adjustments. Employers will not pay such wages to women and 
 girls who do not earn it A selective process will be set up and 
 those who are so stupid and inefficient as not to be worth 
 the minimum will be discharged. Would many be dis- 
 charged in a city like New York if say an $8.00 mini- 
 mum were imposed for experienced workers over eighteen 
 years of age in all our industries? It would be a bold 
 man who would attempt to estimate the number. My own 
 opinion is that the nimaber turned off would not be large. Dr. 
 Woolston has estimated that the establishment of a $9.00 minimum 
 for experienced department store girls and women would add at 
 the outside only one-third of one per cent to the selling price of 
 goods. Even if the whole expense were passed on to consumers 
 the burden would not, therefore, be very heavy. It is doubtful, if 
 by itself, it would close a single store, though by putting a higher 
 premium on efficient workers it probably would cause some cur- 
 tailing of the working force. Better fed, better housed, more free 
 from worry, the employees would almost certainly be more efficient 
 workers than they now are. Fewer could do the same work that 
 now employs a larger number. Some displacement of the less 
 skillful might also be expected in manufacturing industries. Dr. 
 Woolston has estimated that to establish the same minimum wage 
 in candy factories might add one-fourth of a cent a pound to the 
 cost of producing candy. The consumption of candy would be 
 little influenced by such a change as this. Fewer employees would 
 come about mainly from the greater efficiency of those who were 
 retained. 
 
 But displacement of the stupid and inefficient even if they were 
 not found to be very numerous would be a hardship for them. A 
 starvation wage seems to the person who gets it better than no 
 wage at all. 
 
 But would not the pressure that the presence of this class of in- 
 capables in the community would put on organized society to 
 bestir itself in their behalf in the end prove advantageous to 
 them as well as to the more capable who are retained in industry 
 at higher wages ? I am strongly of that opinion. I can think of 
 nothing that would give a greater stimulus to all our plans of 
 
652 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
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 social betterment than a policy that would mark out clearly as 
 unemployable because incapable of earning a decent living those 
 that we now allow to struggle along on the verge of destitution. 
 These unfortunates are partly supported now at the expense of 
 others. Other members of the family contribute something, 
 charity contributes something, prostitution contributes something, 
 and some are slowly losing vitality and such efficiency as they have 
 left because they are constantly overworked and underpaid. The 
 industries that employ them have been characterized accurately as 
 parasitic industries. They do not pay their way, and consumers 
 who get goods cheaper in consequence are living at the expense of 
 the sweated workers or of those who supplement their earnings to 
 save them from the disastrous consequences of earning less than 
 suffices for decent living. 
 
 If we had to face squarely this problem we should be much more 
 interested in plans for industrial training and vocational guid- 
 ance. We should feel more concern for assisting wage-earners 
 who are able to earn a living to maintain their independence by 
 taking steps to lessen unemployment and to provide against it and 
 against losses through accidents, through illness and through old 
 age through wise plans of social insurance. 
 
 In my judgment this greater concern over other aspects of the 
 wage^amer's problem would much more than counterbalance any 
 hardships that adoption of minimum wages might entail. Even 
 more certain are the direct benefits which Victoria has already 
 experienced. Through it we might hope to standarize wages and 
 hours in all industries and thus rescue the victims of the sweating 
 system and put an end to some of the worst forms of child labor. 
 Through it we mi^t expect to bring about more cordial and 
 sympathetic relations between employers and employees, based on 
 better understanding and on co-operation in a joint-effort to miti- 
 gate the worst phases of our present wage system — wages below 
 the living level. 
 
 Statement op N. I. Stone 
 Scarcely more than a year has passed since the adoption of the 
 first minimum wage law in one eastern and eight western states 
 
 of the Union, so that the country is practically without any ex- 
 perience gained under American conditions. Under the circum- 
 stances there is a great deal of opposition and doubt in the minds 
 of many called upon to deal ^vith the subject as to whether the 
 legislation is desirable and if so, whether its enactment is not 
 fraught with greater evils than the one it is designed to remedy. 
 
 Painstaking and dispassionate investigations by the New York 
 State Factory Investigating Commission conducted in a number of 
 industries in which information as to wages and hours of labor 
 was obtained from the employers* own payrolls have disclosed the 
 fact that thousands of workers are receiving wages far below the 
 minimum necessary to maintain a self-supporting woman, not to 
 speak of persons with families to support 
 
 In its report on Minimum Wage Boards the Massachusetts 
 Minimum Wage Commission has aptly applied the term " para- 
 sitic " to such industries. 
 
 Says the Commission : 
 
 '* Wherever the wages of a woman are less than 
 
 the cost of living and the reasonable provision for maintain- 
 ing the worker in health, the industry employing her is in 
 receipt of the working energy of a human being at less than 
 its cost, and to that extent is parasitic. The balance must 
 be made up in some way. It is generally paid by the in- 
 dustry employing the father; it is sometimes paid in part 
 by the future inefficiency of the worker herself and by her 
 children, and perhaps in part ultimately by charity and the 
 State. The commission believes that our industries in gen- 
 eral are not dependent upon such underpaid labor and that 
 by gradual adjustment of wage scales the present unfortunate 
 condition in a number of employments could be improved 
 without injury to the employing interests. If an industry is 
 permanently dependent for its existence on underpaid labor, 
 its value to the Commonwealth is questionable."^ 
 
 The question of a minimum wage thus narrows down to the 
 elimination of parasitic industries or rather parasitic establish- 
 
 1 Report of Mass. Comm. on Minimum Wage Boards, 1912, p. 17. 
 
654 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
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 ments, for in all such industries manufacturers will be found who 
 pay a living wage to their workers in spite of the presence of 
 parasitic competitors. This is a point of utmost importance, for 
 upon the question of the scope to be assigned to minimum wage 
 legislation will depend the attitude of many a person, particularly 
 organizations of labor and of employers toward the proposed legis- 
 lation. Australia and New Zealand, pioneers in the field of mini- 
 mum wage legislation, present two distinct conceptions of a mini- 
 mum wage. A diiferentiation between the two is necessary before 
 any arguments in favor of and against wage legislation can be 
 considered. 
 
 The determination of a minimum wage in New Zealand is part 
 and parcel of its arbitration machinery. In the settlement of 
 labor disputes its boards of arbitration are called upon to decide 
 what shall be the wages of workers of various occupations in a 
 given industry affected by the dispute. The wages thus awarded, 
 like most union wage scales, are in the nature of minimum wages, 
 the individual worker of more than average skill being free to 
 bargain for a higher wage than that awarded by the board, and 
 the employer being willing to pay a higher wage for higher skill 
 or speed. 
 
 As has been well pointed out by Dr. Clark in his report on 
 Labor Conditions in Australia,' a minimum wage fixed by an 
 Arbitration Court in "Npw Zealand in settling or preventing a 
 strike is meant to be a fair wage for a competent skilled worker 
 and of course tends, and rightly so, to be fixed at a point above the 
 minimum amount necessary for a mere subsistence. In determin- 
 ing upon such a wage the Arbitration Court takes into account on 
 the one hand the prevailing highest and lowest wages in the 
 particular industry or occupation and the skill required ; on the 
 other hand, it considers not only the amount necessary to maintain 
 life and support a family, but also to enjoy a certain degree of 
 comfort and to be able to provide for a rainy day and for old aga 
 
 Not so with the minimum wage established by the minimum 
 wage boards of Victoria and still less of Great Britain or Mas- 
 sachusetts. Here the conception of a minimum wage is in closer 
 
 T l^'^7 S. Clark Labor Conditions in Australia, Bulletin of the Bureau of 
 LAbor, ^o. 66, p. 61. 
 
 !l 
 
 agreement with the meaning its term implies. The British law, 
 for instance, as well as that of Victoria, was expressly meant to 
 apply to the " sweated trades," trades known for their practice 
 of paying wages insufficient to maintain life without outside as- 
 sistance. Its object is not to adjust the wages of all of the workers 
 in an industry who threaten a strike or have actually struck for 
 higher wages, but to extend the protecting arm of the State over 
 its exceptionally weak wards, who, unable to fight for their own 
 interest, find themselves submerged in the industrial whirl, un- 
 able to rise to the surface by their own effort. A minimum wage 
 board operating under such a law takes little, if any, cognizance 
 of the skill of the worker and its fair market value and is 
 guided chiefly, if not solely, by considerations of the minimum 
 amount necessary to enable the workers to procure food and cloth- 
 ing and other necessities in order to maintain themselves in good 
 health and to be able to maintain their self-respect among their 
 fellows under the prevailing standard of life. In Great Britain 
 and Australia, the protection of the law extends to men as well 
 as to women, and the minimum must be made sufficiently high to 
 enable the worker not only to maintain himself, but also to sup- 
 port the dependent members of his family. In the nine states 
 of the United States the law is invariably made to apply to women 
 and minors only, which reduces the minimum wage to the amount 
 necessary for the maintenance of the worker alone. 
 
 It is not the object of this paper to review the many arguments 
 for and against minimum wage legislation, which are to be found 
 in the writings of Professor Henry R Seager, Florence Kelley, 
 Arthur N. Holcombe, Sidney Webb, and others.^ In this paper 
 attention will be directed to certain aspects of the wage problem 
 upon which information gathered by the writer at first hand in 
 the course of investigations conducted first for the United States 
 Tariff Board and later for the Wage Scale Board of the Dress 
 and Waist Industry of New York City may throw additional 
 
 light. 
 
 One of the objections raised against the minimum wage law 
 
 • Beferences to the writings of these and other writers on this subject will 
 be found in the bibliographies prepared by Irene Osgood Andrews and Dr. C. 
 C. Williamson, which appear in the third report of the N. Y. State Factory 
 Investigating Conunission. 
 
656 
 
 Appendix III 
 
 it) 
 
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 is the injurious effect it may liave upon industries which may 
 not be able to advance prices, owing to competition from other 
 states or for other reasons. The answer to this objection usually 
 made by advocates of minimimi wage legislation is that an in- 
 dustry which can not afford to pay its workers a minimum wage 
 necessary for their existence is maintained at the expense of other 
 industries or of society as a whole; in other words, it is a para- 
 sitic industry and, as such, has no right to existence. While this 
 answer may be quite to the point, it leaves out of account another 
 aspect of the wage problem which has not received due emphasis 
 in the discussions of the legal minimum wage which has been 
 going on in this country for the last few years, and that is, the 
 relation between wages and the cost of production. 
 
 The argument in question against the minimum wage law rests 
 on the assumption that any increase in wages leads to an equal 
 increase in the cost of production which must find its counterpart 
 in an increase of prices or lead to a downfall of the industry. 
 Incidentally, it may be noted that all such arguments are based 
 on the assumption that the profits of the employer are at an irre- 
 ducible minimum, so that any reduction in that item is tan- 
 tamount to a death sentence for the industry. That in a great 
 many industries the employers, whether individuals or corpora- 
 tions, could stand a moderate reduction of their profits for the 
 benefit of those of their employes who are receiving wages ad- 
 mittedly below the minimum necessary to sustain life, goes with- 
 out question. However, that such a sacrifice is hardly ever nec- 
 essary is the point which, it is hoped, will be made clear by what 
 follows. 
 
 The assumption that an increase of wages involves an equal 
 increase in the cost of production rests upon the theory that 
 the cost of production is something rigidly fixed by the wages 
 paid for labor and the price of materials. Given a certain rate 
 of wages and a certain price of materials, the cost of production 
 is merely the sum of these two which will not change as long as 
 the two component elements of wages and materials remain the 
 same; likewise, any increase or reduction in either of these ele- 
 ments causes a corresponding rise or fall in the cost of production, 
 and ultimately in the price of the commodity. 
 
 Minimum Wage Symposium 
 
 657 
 
 That this theory is utterly at variance with actual facts; that 
 a relatively high cost of production is the concomitant evil of 
 " cheap " labor, by which is usually meant low paid labor ; that 
 highly remunerated labor is, as a rule, the cheapest labor in the 
 end, startling as it may seem when thus baldly stated, is the 
 conclusion to which the investigations of the United States Tariff 
 Board into the cost of production irresistably lead. Finally, it 
 may be said to form the cornerstone of the new science of effi- 
 ciency, the true teachings of whi^h are as yet much misunder- 
 stood both by captains of industry and by leaders of organized 
 labor. 
 
 The United States Tariff Board made an exhaustive study of 
 the cost of production in the paper, woolen and cotton industries. 
 The reason for the creation of the Tariff Board and the object 
 of its investigations was to find the cost of production of various 
 commodities as compared with that in foreign countries, in order 
 to furnish Congress with a measure of protection for American 
 industries against the competition of the cheaper labor of Europe. 
 In every instance, the Tariff Board found that there was no such 
 thing as a cost of production; that costs varied not only in the 
 same industry and in the same city, but in the same plant ; last, 
 but not least, that neither the total cost, nor the labor cost varied 
 in a direct ratio with the rate of wages paid. 
 
 Highly Paid Men Working Eight Hours Per Day Are Cheaper 
 Than Lower Paid Men Working Twelve H(mrs a Da/y 
 
 Thus in the paper and pulp industry it was found that the 
 labor cost of making a ton of news-print paper in the United 
 States varied from $2.19 to $7.26 per ton.* The most remark- 
 able fact about it was that the mills paying the lowest wages and 
 having a twelve hour day had a higher labor cost per ton of 
 paper than those paying the highest rates of wages and having 
 an eight hour day. 
 
 The solution of this puzzle lies in the chapter of the report 
 dealing with the "Efficiency of Equipment in Paper Mills." 
 Mills were found to vary greatly in this respect Some had 
 
 *U. S. Tariff Board Report on Pulp and News Print Paper Industry, 1911, 
 p« 39. 
 
658 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 659 
 
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 machinery thirty years old, while others hoasted of machines with 
 latest improvements. The older machines had a capacity of 17 
 tons in 24 hours, while the newer machines could produce 50 tons. 
 The result was that the machine cost of labor per ton of paper was 
 $1.84 on the old machine and only 82 cents with the new, the 
 same rate of wages being paid to the machine tenders in each 
 case.' 
 
 But important as the machine equipment is in determining the 
 efficiency of labor, the human equation is subject to no less varia- 
 tion under certain conditions. 
 
 When the agitation for the removal of the import duty on 
 news-print paper resulted in an inquiry by a special committee 
 of Congress, a representative of one of the largest paper mill 
 companies in the country pointed to the fact that they had re- 
 cently reduced the hours of labor from twelve to eight, without 
 reducing the weekly rate of wages, with the consequent increase 
 of 33 per cent, in their labor cost. The figures secured by the 
 Tariff Board from the books of several mills, including those to 
 which reference was made before the Committee of Congress, 
 showed a reduction in the labor cost per ton of paper from $4.35 
 to $3.73 in 1909 under the eight hour system. In other words, 
 an increase in the hourly rate of wages to the extent of 33 per 
 cent, not only failed to result in a correspanding increase in the 
 cost of labor per ton of paper, but, strange as it may seem, was 
 accompanied by an actual reduction in cost While the figures 
 of $4.35 in 1908 happened to be the highest in ten years, there 
 was not a single year in that decade under the twelve hour system 
 which showed as low a cost as in 1909, the first year under the 
 eight hour system.® On the other hand, when it is remembered 
 that during a large part of the year 1909 the mills were idle, 
 owing to the strike for shorter hours and that costs are usually 
 above normal when a plant is started up after a long period of 
 idleness, there is every reason to believe that the labor cost was 
 still further reduced after 1909. 
 
 Yet it can not be said that there was a radical change in the 
 
 6 Ibid., p. 52. 
 
 i U. S. Tariff Board Report on Pulp and News-Print Paper Industry, p. 70. 
 
 equipment of the mills to which these figures relate, immediately 
 foUowing the introduction of the eight hour shift. The change 
 was due largely to the increase of the personal efficiency of the 
 workers under the shorter day. The duties of a machine tender 
 in a paper mill consist chiefly in watching the thin sheet of 
 paper as it first appears on the large cylinder of the machina 
 A slight twist at the outset will result in reams of paper being 
 torn on the cylinder, with a mad rush of all the tenders in an 
 endeavor to set things right and will frequently require a com- 
 plete stoppage of the machine, all of which greatly increases the 
 cost of production. The fatigue caused by twelve hours of such 
 nervous and physical strain resulted in a much greater proportion 
 of damaged paper and interruption of work than was the case 
 after the adoption of the eight hour day. With the hours of labor 
 cut down from twelve to eight, the machine tender was relieved 
 from duty during the last four hours, when he used to be tired 
 out most and when his alertness and general efficiency were at 
 their lowest ebb. The change in working hours not only enabled 
 him to leave the mill less fatigued than formerly, but with the 
 resting period increased by four hours a day, the recuperation 
 was more thorough, so that his alertness of mind and body was 
 greater upon his return to work than it used to be even during 
 the first eight hours under the old system. With his mind more 
 alert, he was able to detect in time imperfections which formerly 
 escaped his attention. This resulted in so great an increase in 
 the relative time the machines were in actual operation (free 
 from breakdowns and stoppages), accompanied by a reduction in 
 the quantity of damaged paper on which labor had been expended 
 in the preceding stages of production and therefore wasted, that 
 the labor cost of production of paper declined in spite of the in- 
 crease in the hourly rate of wages. 
 
 American Weaver at $1.60 Per Day Cheaper Than Japanese 
 
 Weaver a^ 18.5 Cents 
 Even more striking proved many of the facts disclosed by the 
 investigation of the cotton industry. In spite of higher wages 
 prevailing in the United States, as compared with England, and 
 
* 
 
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 660 
 
 Appendix III 
 
 the longer start which the English cotton industry has had over 
 the American, it was found that many varieties of cotton goods, 
 including some of the finest women's dress goods, were being sold 
 at lower prices in the United States than in England ^ and ex- 
 ported to Canada in competition with British goods in spite of 
 the preferential tariff in favor of England which put imports 
 from the United States at a disadvantage.' That American 
 cotton goods compete with English in China and South America 
 was known before the Tariff Board had made its investigation. 
 But fear was expressed of the coming menace of Japanese com- 
 petition with its 15 cents-a-day-weavers. The Tariff Board, there- 
 fore, extended its investigation to Japan and figures obtained 
 direct from the books of leading Japanese mills compared with 
 similar data for corresponding mills in the United States led to 
 the startling revelation that with the superior American ma- 
 chinery and superior personal efficiency of American labor the 
 American weaver receiving $1.60 per day was cheaper than the 
 Japanese weaver at 18.5 cents per day.® 
 
 Poorly Paid Labor in the Woolen Industry Dearer Than Higher 
 
 Paid Labor 
 
 A study of labor efficiency in the various processes of wool 
 manufacture made by the Tariff Board showed that almost invari- 
 ably the mills paying higher rates of wages per hour produced 
 goods at a lower cost than their competitors paying lower wages, A 
 brief summary of the findings of the board with reference to that 
 industry made elsewhere by the writer,^^ will make this clear. 
 
 Thus, in wool scouring the lowest average wages paid to ma- 
 chine operatives in the thirty mills examined was found to be 12.16 
 cents per hour, and the highest 17.79.^' Yet the low-wage mill 
 showed a labor cost of twenty-one cents per hundred pounds of 
 wool, while the high-wage mill had a cost of only fifteen cents. 
 One-half of the difference was accounted for by the fact that the 
 
 7U. S. Tariff Board Repart on Cotton Manufactures, dd. 563-565 
 
 8 Ibid., pp. 571^75. ^^ 
 
 » Ibid., p. 12. Weavers wage bill, table 162, p. 626. 
 
 10 Schedule K, Century Magazine, May, 1913, p. 118. 
 
 n Tariff Board Report on Wool and Manufactures of Wool, p 1022. 
 
 Minimum Wage Symposium 
 
 661 
 
 low-wage mill paid nine cents per hundred pounds for supervis- 
 ory labor, such as foremen, etc., while the high-wage mill paid 
 only six cents. Apparently well-paid labor needs less driving and 
 supervising than low-paid labor. 
 
 In the carding department of seventeen worsted mills the mill 
 paying its machine operatives an average of 13.18 cents per hour 
 had a machine labor cost of four cents per hundred pounds, while 
 the mill paying its machine operatives only 11.86 cents per hour 
 had a cost of twenty-five cents per hundred pounds. This wag 
 due largely to the fact that the lower-cost, high-wage mill had 
 machinery enabling every operator to turn out more than 326 
 poimds per hour, while the high-cost, low-wage mill was turning 
 out lees than forty-eight pounds per hour.^^ 
 
 The same tendency was observed in the carding departments of 
 twenty-six woolen mills. The mill with the highest machine out- 
 put per man per hour, namely 57.7 pounds, had a machinery labor 
 cost of twenty-three cents per hundred pounds, while the mill with 
 a machine output of only six pounds per operative per hour had 
 a cost of $1.64 per hundred pounds. Yet this mill, with a cost 
 seven times higher than the other, paid its operatives only 9.86 
 cents per hour, as against 13.09 cents paid by its more successful 
 competitor.*' 
 
 These examples could be repeated for every department of 
 woolen and worsted mills, but will suffice to illustrate the point 
 that higher wages do not necessarily mean higher costs. They 
 show that mill efficiency depends more on a liberal use of the most 
 improved machinery than on low wages. Thoughtful planning 
 in arranging the machinery to save unnecessary steps to the em- 
 ployees, careful buying of raw materials, the efficient organiza- 
 tion and utilization of the labor force in the mill, systematic 
 watching of the thousands of details, each affecting the cost of 
 manufacture, will reduce costs to an astonishing degree. 
 
 Herein lies the explanation of the fact that with indisputably 
 higher wages, the exports of manufactured goods from the United 
 States are increasing by leap& and bounds, competing in the world's 
 markets with the '' cheaper '' labor of Europe a nd Asia. What the 
 
 "Ibid, p. 1024. 
 " Ibid, p. 1026. 
 
662 
 
 Appendix III 
 
 Tariff Board reports have shown in detail for the three industries 
 mentioned, is shown by the supreme test of practical success for a 
 multitude of industries by the following encyclopedic list of 
 American goods offered " abroad for sale in open competition with 
 Germany and Great Britain " which Secretary Redfield picked at 
 random from one export journal : 
 
 " Ironmongery, fine tools, bicycles, sporting goods, lamps, razors, 
 firearms, carriage maker's supplies, sanitary goods, lighting sysr 
 tems, dry goods, men's furnishing goods, boots and shoes, corsets, 
 hats, caps, textiles, clothing, women's furnishings, office furniture, 
 office devices, stationery, typewriters, filing cabinets, printers' sup- 
 plies, paper, machine tools, boilers, lubricants, electrical material, 
 valves, wood-working machinery, belting, shafting, pulleys, pack- 
 ing, furniture, kitchenware and agricultural implements.' 
 
 »14 
 
 Higher Wages a Stimulus to Higher Efficiency 
 
 So much for the efficiency of the management It may be said 
 that there need not be any relation between the wages of the help 
 in the factory and the efficiency of the management at the head of 
 the mill. While there seems to be no necessary connection be- 
 tween the two, economic literature is full of references to the 
 fact that successful strikes resulting in an appreciable increase 
 of wages or reduction of hours have been followed by the introduc- 
 tion of new machinery or other labor saving devices to offset the 
 increased cost. All things remaining equal, an increase of wages 
 must necessarily lead to an increase in the cost of production. 
 The increased cost, threatening a diminution of profits, acts as 
 a powerful stimulus with the owner or manager of a plant who 
 is anxious to find means of reducing the increased cost, where he 
 was satisfied before to plod along in the established rut 
 
 Without attempting to extend the limits of this paper with 
 numerous instances of this kind, with which the industrial history 
 of every advanced country abounds," it is sufficient to refer to the 
 general experience of industrial countries. A general survey of 
 
 !<• Wm. C. Redfield. The New Industrial Day. A book for men who employ 
 men. 1912, p. 88. 
 
 u For interesting illustrations on this point see Sidney Webb, The Economio 
 Theory of a Legal Minimum Wage. Journal of Pol. Economy, 1912, pp. 973- 
 wo. 
 
 MiNiMtTM Wage Symposium 
 
 663 
 
 countries, like the United States, England, France, Germany, 
 , Russia, India, China, will show that the extent of labor saving 
 machinery and general efficiency of industrial organization in 
 these countries rises as we pass along an ascending scale of wages 
 from country to country and from period to period in the same 
 country. For the tendency of human nature to follow the path of 
 least resistance is the same the world over; owners of manufac- 
 turing plants being no exception to the rule, are satisfied to follow 
 established methods and inherited tradition until a change be- 
 yond their control, such as a sudden increase of wages, compels 
 them to seek compensating advantages in more efficient methods. 
 
 But not alone the management experiences the quickening ef- 
 fect of higher wages. The increase in the personal efficiency of 
 the worker, manifested in an increased capacity for productive 
 exertion, even without the introduction of more efficient methods 
 of production, is another inevitable consequence. The experience 
 of the paper mill industry upon the substitution of the eight- 
 hour for the twelve-hour labor day for its skilled workers, cited 
 above, is but one instance of what has been practically the uni- 
 versal experience in industry. An increase of wages acts as an 
 added stimulus, especially where the old wages were inadequate 
 to furnish the worker with nourishing food without which he or 
 she lacked tjie necessary energy. Secretary Eedfield's experience, 
 interesting because he speaks as an employer of labor who has had 
 more than ordinary opportunities to compare the efficiency of 
 labor throughout the world, furnishes perhaps the most illumi- 
 nating illustrations of this fact 
 
 Most of Secretary Redfield's striking illustrations show how 
 highly paid American labor is made cheaper than poorly paid 
 European and Asiatic labpr through superior American machinery 
 and industrial methods. One illustration which brings out with 
 singular clearness the connection between high wages and personal 
 efficiency is worth reproducing here: 
 
 *' Once, when my office was located in Paris, I employed a lot 
 of French carpenters and paid them 10 francs a day — $1.90 
 each — and at the end of three or four days I was well-nigh 
 crazy. Down the long aisle of the building I saw a familiar-look- 
 ing tool box, with a saw sticking from the end, and I ran to the 
 place and found a man who looked like an American carpenter. 
 
664 
 
 Appendix III 
 
 ,1 
 
 t 
 
 if 
 
 111 
 
 if 
 
 "Are you a Yankee V I said. * I want to employ you at once,* 
 " He said. 'Boss, I charge $4.50 a day.' I said, Come right 
 along.' 
 
 " Two days later I discharged four Frenchmen, for my one 
 American carpenter did more work than the four Frenchmen — 
 and I saved money by the process. 
 
 " There are sound reasons why the American carpenter did as 
 much work as four Frenchmen. 
 
 "A French workman goes to work having eaten almost nothing. 
 For breakfast he has nothing more than a bit of bread without 
 butter, and colBfee. At 11 o'clock he stops to eat a little bread and 
 drink a little sour wine That is all I ever saw any of them eat 
 At 3 o'clock he stops again to eat a little bread and drink a little 
 sour wina After he gets through at night he has what he calls 
 a dinner. Such a man can not work at any labor requiring steady 
 physical exertion continuously under pressure in competition with 
 a man who eats three square meals a day." " 
 
 If these facts are true of men earning wages which are adequate 
 under the standard of life to which they are accustomed, how 
 much stronger must the connection be between personal inefficiency 
 and wages which spell partial starvation or other privation ? This 
 has been so well put by H. La Rue Brown, Chairman of the 
 Massachusetts Minimum Wage Commission, that it is well worth 
 repeating : 
 
 " There is nothing which makes for inefficiency like hunger, 
 worry and discontent. As a rule, you can be sure that the undeiv 
 paid girl is hungry, that she is a victim of nearly continual worry, 
 that she is overworked because she is trying to do her own cook- 
 ing and washing as well as her work in the shop and that she is 
 not getting the food and the care to keep her in condition to do 
 good work, even if her mental attitude could be such as to inspire 
 it. No man can say how many of the girls now said to be in- 
 efficient and * not worth ' the miserable wages paid would not 
 be worth a higher wage if they were paid it ... If this 
 sort of service were paid for under conditions which made for 
 efficiency, it is very likely that the service would become efficient 
 in proportion." " 
 
 M Wm. C. Redfield, The New Industrial Day, pp. 91-92. 
 
 11 Annals of the Amer. Acad, of Pol. and Soc. Science, v. 48, p. 18. 
 
 Minimum Wage Symposium 
 
 665 
 
 What is to Become of the Worker Not Worth the Minimum Wage? 
 
 This brings us to the question of what is to become of the 
 worker of less than average efficiency who is said not to be able 
 to earn the minimum wage. It is feared that the adoption of a 
 minimum wage law would throw many persons out of work, who, 
 in the opinion of their employers were not worth the minimum 
 wage. Admitting the existence of such workers among women 
 and minors, there are other ways of dealing with the most help- 
 less class of workers than throwing them out on the street 
 
 The bulk of those incapable of earning a minimum wage may 
 be divided into four classes: 1. Apprentices or learners. 2. 
 Workers of less than average skill or speed, due to advanced age 
 or physical defects or infirmity. 3. Workers who are incompetent 
 owing to lack of training or education. 4. Exceptionally in- 
 capable or slow people. 
 
 1. As to the first, the law should recognize the existence of this 
 class of workers by authorizing a separate and lower minimum 
 wage than for adult experienced workers. This is the practice 
 today in seven out of nine states having a legal minimum wage. 
 The practice may easily lend itself to abuse on the part of un- 
 scrupulous employers who might find a way of having most of 
 the work done by unskilled help who would be classed as learners. 
 The Washington statute authorizing the Commission to set a time 
 limit for the period of apprenticeship may prove instrumental 
 in preventing the employment of the same person at less than a 
 minimum wage beyond a certain period. It would not, however, 
 prevent an employer from substituting new " learners " for the 
 old upon the expiration of their licenses and thus evade the opera- 
 tion of the minimum wage law for the greater part of his em- 
 ployees. 
 
 In the dress and waist industry of New York city operating 
 under the protocol fixing minimum rates of wages for various 
 occupations, an investigation conducted by the writer disclosed the 
 presence of from one-fourth to more than one-half of the workers 
 in diiferent occupations earning less than the minimum wage, the 
 employers claiming that the workers in question were learners. ^^ 
 
 It Wa^es and Employment in the Dress and Waist Industry, Bulletin No 14« 
 of the U. S. Bureau of Labor Statistics, 1914, pp. 12-13. 
 
I 
 
 w 
 
 il 
 
 'I 
 
 tl 
 
 U 
 
 
 ,|l 
 
 666 
 
 Appendix III 
 
 It therefore would seem appropriate to set a limit to the proportion 
 that the number of learners or apprentices may constitute of the 
 total number of employees in any establishment. The limit could 
 be either set in the statute or, preferably, the Commission should 
 be authorized by law to set different limits in different industries 
 after an investigation of the technical conditions and system of 
 of division of labor will have determined the proportion of ap- 
 prentices which can be employed in a given industry. No state, 
 to the knowledge of the writer, has such a provision at present 
 in its minimum wage law. 
 
 2. In the case of defective persons incapable of earning a mini- 
 mum wage, it seems fair both to the employer and to these people 
 that the law should vest the Commission with authority to make 
 exceptions in their favor by issuing special licenses or permits 
 for the employment of such persons at a wage stipulated in the 
 license. This is the practice today in eight of the nine states 
 having minimum wage laws, the only exemption being Utah, 
 which has no minimum wage commission and which fixes the 
 minimum rate in the law itself. The economic justification of 
 granting exception to defective persons is to be found in the fact 
 that people of this class working at a lower rate of wages do not 
 compete with the normal workers employed at a higher wage, 
 since they can not render the same service. By providing for the 
 personal licensing of every defective worker by the Commission 
 and for the determination of the wage of such worker by the 
 Commission, the possibility of abusing the law is minimized. As 
 a further guard against abuse, it may be wise to follow the ex- 
 ample of Minnesota in setting a limit to the number of such 
 workers in any establishment, the limit in that state being fixed 
 at 10 per cent, of the employees in the establishment, which seems 
 to be rather high. 
 
 3. This class of workers presents a more serious problem. Un- 
 less they can be made to fit into the class of apprentices, it would 
 be dangerous to make exceptions. Without a visible personal 
 defect, as in the case of defectives discussed above, it would be 
 most difficult, if not impossible, for the Commission to determine 
 whether a given person was so incompetent as to justify exemption 
 from the operation of the law. That such a provision would offer 
 
 MmiMUM Wage Symposium 
 
 667 
 
 opportunities for the wilful evasion of the law, needs no demon- 
 stration. 
 
 Moreover, as the minimum wage to be adopted, would be only a 
 subsistence wage, it ought to apply to any adult worker useful 
 enough to warrant her employment. Workers with an efficiency 
 so low as to make their employment unprofitable at a minimum 
 wage would fall under class 4. 
 
 4. The exceptionally incapable people whose efficiency is below 
 the average, whether because of inherited physical or tempera- 
 mental defects, or of unfortunate surroundings in the formative 
 period of life, or of lack of early training, or of any of the numer- 
 ous other causes which breed human wrecks and human failures, 
 constitute a class beyond the reach of a minimum wage law. A 
 large part of these is redeemable for their own and society's good. 
 Industrial training accompanied by vocational guidance is the 
 most promising agency for their redemption. A broad program 
 for the education and social uplift of the masses seems to be a 
 necessary corollary of an efficient minimum wage law. 
 
 But granting that the realization of these reforms would re- 
 quire considerable time, and that in the meanwhile the handling 
 of the inefficients would constitute a serious problem, it is perti- 
 nent to ask whether the interests of society as a whole would 
 not be better conserved by the protection of its normal workers 
 who constitute the overwhelming majority, rather than by allowing 
 an insignificant subnormal and abnormal minority to hang like 
 a stone around the neck of the majority and drag it down to its 
 own level ? Even if all the members of the minority had to be 
 supported by public charity until they were fitted for self-support 
 — an assumption for the sake of argument, which is by no means 
 warranted — it would be cheaper in the end to do so, rather than 
 to allow them to reduce large numbers of workers who are fully 
 worth a minimum wage, to partial starvation or dependence upon 
 charity, vice or crime. 
 
 As Sidney Webb has so well pointed out, the adoption of a l^al 
 minimum wage substitutes for the competition in price, competition 
 in efficiency.'* Under free and unrestrained competition among 
 
 "Sidney Webb, Economic Theory of a Legal Minimum Wage, Journal of 
 Pol. Economy, 1912, p. 979, 
 
ii! 
 
 ,4i 
 
 I 
 1 ' 
 
 h 
 
 
 668 
 
 Appendix III 
 
 workers, when the supply of labor exceeds the demand, the in- 
 efficient worker gets the best of the efficient one by consenting to 
 work for a lower wage. When, however, the employer cannot 
 go below a certain minimum, he naturally prefers the best worker 
 he can get for the money. Under unrestrained labor competition 
 the inefficient frequently displaces the efficient worker; under a 
 system of a legal minimum wage the efficient worker gets the pref- 
 erence and the inefficient is the last to be called in to fill industrial 
 vacancies, — a distinct economic gain for society. 
 
 Perhaps this accounts for the fact that all the dire prophecies 
 of the imminent ruin of the Australian industries which were 
 made at the time of the enactment of the first minimum wage law 
 have failed to materialize. After having a l^al minimum wage 
 in effect for nearly 18 years (since 1896), Victoria to-day is 
 stronger industrially than ever before. In the five "sweated 
 industries " to which the law was first made applicable, wages have 
 increased from 12 to 35 per cent, while the hours of labor have 
 been reduced.*^ During the same period the number of factories 
 in Victoria increased from 3,370 in 1896 to 7,750 in 1912 and 
 the number of workers employed increased more than two and one- 
 half times, from 40,814 to 104,746." When it is borne in mind 
 that Victoria goes much further than any American state by fix- 
 ing the minimum wage not only for women and minors, but also 
 for men, the repudiation of the fallacy which regards a living wag© 
 as synonymous with industrial ruin, becomes the more emphatic. 
 
 Statement of Fkank H. iStreiohtoff 
 If a living wage either for women or for men is adopted as a 
 legal minimum compensation it will necessitate an increase of 
 two, three, and even possibly more dollars a week in the remunera- 
 tion of a considerable number of employees. Such additions will 
 be a rather large fraction of the present earnings of these in- 
 dividuals, especially of the lowest paid women. Since most of the 
 sweated industries are keenly competitive, an increase in wages 
 
 20 Webb, ibid., p. 973. 
 
 » Report of Chief Inspector of Fftctories and Shops of Victoria, 1913. 
 
 MimMUM Wage Symposium 
 
 669 
 
 paid for the same labor will naturally mean that the producers 
 who are barely making a success of their business will be forced to 
 raise prices. The result will be one of two alternatives. If the 
 men producing at the highest costs cannot find a market at these 
 increased prices, there is no choice for them but to shut down. 
 That will mean that their employees will be thrown out of work. 
 Suppose, on the other hand, that these least efficient producers are 
 enabled to remain in business; prices will have to be raised 
 enough to cover the fuU amount of the higher wage bill. An in- 
 crease of prices will mean a shrinking of the demand either for 
 the product of the affected industry alone, or for the output of 
 several forms of business. Whether this decrease in demand is 
 general or particular it will diminish the need for labor. In short, 
 whether the least able producers remain in business or fail abso^ 
 lutely, there will be a curtaihnent of production and resultant 
 unemployment. 
 
 According to the Federal Census of 1905, twenty^ne per cent 
 of the cost of producing shirts in New York State is spent for 
 labor. Dr. Woolston tabulated for the Commission the statistics 
 of wages of the operatives in this industry. If the pay of all the 
 men employed in New York State in shirt-making at less than $18 
 a week were raised to that sum, and if the renumeration of all 
 the women hired for less than $9 a week were raised to that 
 amount it would mean an increase of about fifty-seven per cent 
 in the wage bill and of approximately twelve per cent in the total 
 cost of production. This change would increase the compensa- 
 tion of 82.4 per cent of the women and of 82.5 per cent of the 
 men. It is then evident that benefit could be secured to a very 
 large proportion of the employees in this industry without a 
 tremendous increase in the cost of production. 
 
 There are reasons for believing that the cost of production 
 might not, in the long run, be raised at all. Surely an increase in 
 pay from $5 per week to $9 will enable a girl to live so much 
 better that she wiU be far more efficient One of the most striking 
 facts about sweated labor is its small productivity. Good food, 
 good clothes, good living conditions wiU build up efficiency i^ 
 employees until the labor cost will be cut down. Surely, then, 
 this calculated increase of fifty-eight per cent in the wa^e bill 
 
I! 1 
 
 
 J, 
 
 :li 
 
 670 
 
 Appewdix III 
 
 may by no means imply a similar increase in labor cost. Again, 
 when the minimum wage law went into effect in Utah, many of 
 the managers explained the situation to their employees and the 
 response was an increased exertion. So there are two factors 
 which will tend to lower the cost of a legal minimum wage — first 
 improved health and second harder work. 
 
 The increase of prices which may follow higher wages does 
 not necessitate a lessening of demand for the product The bet- 
 ter paid employees will be consumers of greater strengiu. That 
 is, the increase in their consuming power will be much greater 
 proportionately than the increases in costs of production. 
 
 Carry this reasoning a step farther. If increased efficiency of 
 labor is a consequence of minimum wage laws, then the industry 
 will need fewer employees. It is highly probable, however, that 
 the persons thus displaced may find work in other industries which 
 will be stimulated by the added purchasing power. 
 
 There is a final reason for believing apriori that the minimum 
 wage will not injure greatly the field of employment. Labor 
 seems very often to be paid less than it is worth. In different 
 shops essentially similar work frequently is rewarded very un- 
 equally. It seems safe to assume that the low wage shops are in 
 the main those which are barely maintaining their existence. Now, 
 if a minimum wage should force out of business the men who are 
 paying at the lowest rates — their trade would normally go to the 
 others, to those who are paying the highest wages. So the high 
 wage shops could furnish employment to some of the persons 
 
 originally displaced. 
 
 Thus abstract reasoning based on premises drawn from the 
 actual conditions of industry reaches the conclusion that the ten- 
 dency of a minimum wage to displace labor will be largely if not 
 wholly counteracted by (1) the increased efficiency of the workers 
 due to improved health, (2) the increased effort of the laborers due 
 to new incitements from employers, (3) the increased purchasing 
 power of those not displaced calling for new production, (4) the 
 ability of the successful shops to absorb the business and the labor 
 
 of the unsuccessful. 
 
 Do these apriori conclusions stand the test of empirical criti- 
 cism ? It is readily granted that most economic forces cannot be 
 
 Minimum Wage Symposium 
 
 671 
 
 ' I 
 
 measured, yet this much evidence may be offered. The consensus 
 of the best opinion seems to be that the introduction of new ma- 
 chinery which tends at first to displace workmen, eventually bene- 
 fits labor as a whola It is not a farfetched comparison to liken 
 the increase of efficiency of labor by means of providing proper 
 care for the human mechanism (a living wage) to the introduction 
 of machinery that increases the product of each hand. 
 
 Professor M. B. Hanmiond in his studies in Australasia found 
 evidence that no employers had been driven out of business by the 
 minimum wage laws, and that few workers had been displaced. 
 Four years of experience in England have witnessed no great 
 expulsion of labor by the action of the Trade Boards. The fol- 
 lowing letters show that American experience as far as it goes 
 gives no warrant for the fears that business will be seriously in- 
 jured and that idleness will be increased by enforced minimum 
 wages. 
 
 November 30, 1914. 
 
 I have your letter of November 28th regarding the fixing of the 
 minimimi wage in this state. * * ♦. 
 
 You ask whether this or other labor legislation has driven busi- 
 ness out of the state. We are in possession of no information to 
 indicate that this is the case. The brush rate is very generally 
 being paid and we know of no instance of employers being driven 
 out * ♦ *, 
 
 Yours very truly, 
 V (Signed) AMY HEWES, 
 
 Secretary, Minimum Wage Commission, Massachusetts, 
 
 • • 
 
 December 2, 1914. 
 I have your letter of November 28th requesting information 
 concerning the effect of the enforcement of the minimum wage law 
 in this stata We have not heard that employees have been laid 
 off because the law has gone into effect with the exception of a 
 very few instances. One exception was in the case of a depart- 
 ment store which laid off the employees in the wrapping, transfer 
 and stock taking departments, because the girls had been there a 
 year, therefore had completed their apprenticeship imder ruling 
 
I 
 
 '«: 
 
 
 672 
 
 Appendix III 
 
 in force and were entitled to a raise from $6 to $9.25 a week. As 
 these occupations are all unskilled, the firm dismissed the former 
 employees and took on new ones. This is an ahuse which the 
 Commission had rather expected. Since our fears have heen real- 
 ized, we have called Conferences for the purpose of making recom- 
 mendations which will shorten the term of apprenticeship or es- 
 tahlish a step-up wage during the year, thus minimizing the danger 
 of dismissal. In some departments the apprenticeship period may 
 be done away with almost entirely. 
 
 We have not heard of a single firm which had to go out of busi- 
 ness because of the operation of the law. Last evening I heard 
 the secretary of the Oregon Manufacturers' Association say, that 
 he knew of no one who had g jne out of business and was convinced 
 that the law had not done the harm that it had been expected to do. 
 
 %.' 
 
 Very truly yours, 
 (Signed) CAROLINE J. GLEASON, 
 Secretary, Industrial Welfare Commission of Oregon, 
 
 December 1, 1914. 
 
 * * *. I am in a position to state that this law has not 
 resulted in driving any employer to the wall or compelled him to 
 leave the state. I can also positively state that I do not know of a 
 single employee who is suffering the loss of employment because 
 of this law. 
 
 Sincerely yours, 
 
 (Signed) H. T. HAINES, 
 Commissioner, State Bureau of Immigration, Lahor and 
 Statistics, Utah. 
 
 This matter of displacement of labor is really the crux of the 
 question of the desirability of the minimum wage. Reasoning and 
 experience seem to coincide in encouraging the belief that the 
 living wage can be legally enforced in sweated industries without 
 any great ill effects. The probable good consequences have been 
 pointed out by other contributors to this symposium. 
 
 This reasoning, it may be said, seems to be valid except for the 
 fact that any commonwealth wherein such legislation is enforced 
 will have to face the competition of states less advanced. To this 
 
 Minimum Wage Symposium 
 
 673 
 
 objection three answers may be made. First, increased efficiency 
 of employees will make it unnecessary for many firms to migrate. 
 Second, suppose the sweated industries were driven out of New 
 York, would not the state be better off ? There would be a severe 
 spasm of maladjustment, then migration and changed currents of 
 alien immigration would eventually relieve the situation. Finally, 
 the examples of industries driven out of states by labor legislation 
 are few and far between. Some industries, as the department 
 stores and paper box works, could not be driven out of the state 
 because they must be close to the consumers. The complication of 
 interstate competition is, then, not serious. 
 
 Statement of F. W. Taussig 
 
 I will endeavor to say something briefly on the minimum 
 wages question. I must do so with brevity ; to state my opinions 
 with fullnesss, and with all needed qualifications, would call for a 
 long memorandum. 
 
 I gather the main facts to be in outline as follows: 
 
 1. The number of women employed in factories and workshops 
 tends to increase. 
 
 2. A large majority of them are young women. They form a 
 temporary and shifting class. Most of them marry. 
 
 3. Hence they are inexperienced, unskilled, have no great am- 
 bition to learn a trade or specialty, or to rise in the industrial 
 scale. 
 
 4. A great majority of them live at home. Their wages, altho 
 they by no means constitute "pin money", are a part of the 
 earnings of the family. 
 
 5. A very large proportion, probably much more than a ma- 
 jority, receive wages (say, such sum as $6 a week) which are 
 less than the minimum cost of decent living for a woman who has 
 to take entire care of herself (she will need perhaps $8 a week). 
 
 6. This is not " parasitic " industry. It is often said that these 
 women are partly supported by their families, and that the in- 
 dustries are therefore "parasitic." This seems to me a funda- 
 mental and widespread mistake. The families are not worse off 
 
 Vol. 1 — 22 
 
674 
 
 Appendix III 
 
 MmiMUM Wage Symposium 
 
 675 
 
 V 
 
 I 
 
 i 
 
 I 
 
 
 because the young women earn $6 a week ; they are better off. If 
 a young woman thus working were to die, the family would not 
 be better off (materially) because of her loss. She does not cost 
 the family more than she brings in. 
 
 7. The probabilities are — there is no certainty in matters of 
 this sort, — that the ordinary wages of about $6 a week represent 
 what girls of this sort are worth in industry. If a minimum rate 
 of $8 a week were established for them, a considerable proportion 
 would probably no longer find employment This effect might be 
 intensified by the circumstance that at the higher rate of wages 
 more competitors would be attracted — young women who do not 
 now enlist because the current rate is low. 
 
 8. It is better for the young woman to work than to idle. 
 Fnder our present educational system, and indeed under any 
 educational system that seems now feasible, there is an interval 
 between the close of the school period and marriage, during which 
 it is physically and morally healthier for the women to be at 
 work than to be engaged sporadically and half-heartedly in house- 
 work. Ordinarily, the house work can be done without the aid 
 of those who now go into the factories. 
 
 9. There is a sad hardship for the minority who are absolutely 
 dependent upon themselves, and who can get no more than the 
 rate of wages determined by the competition of the much larger 
 number who are living at home. I am unable to see how a system 
 of minimum wages would help this minority, since there is nothing 
 to cause them to be selected for employment in preference to the 
 others. Their case is one which in peculiar degree calls for the 
 exercise of discriminating charity, in the way of lodging houses 
 and aid in learning a better paid specialty or trade. 
 
 10. The conditions under which all the women, both those in the 
 minority and those in the family-living majority, carry on their 
 work, call for searching examination and supervision. Hours 
 should be limited ; an eight-hour law for all women of all ages has 
 much to say for itself. Sanitation, ventilation, regulation of 
 dangerous trades, prevention of occupational diseases, supervision 
 by a good corps of women inspectors — these things are called for. 
 I regard them as more likely to be in the long run of aid than 
 a system of minimum wag^s. 
 
 Statement op Frank D. Watson 
 The theory of the minimum wage I believe to be economically 
 sound. It can hardly be gainsaid t<Hlay that in some lines of 
 industry the competition for employment is so intense as to force 
 wages below the living level and that the conditions which con- 
 trol the number of competitors is often " so inflexible that they 
 continue at starvation rates year after year with no tendencv 
 towao^ improvement" Such being the case, the necessity f<i 
 abandoning a laissez-faire attitude toward the wage question in 
 certain of its aspects seems imperative 
 
 The factors that enter into the determination of wages are 
 many. Of these the one that seems most important to the writer 
 IS the number of workers available. Where the number of jobs 
 «ceeds the number of workers, wages are relatively high. 
 Where the opposite obtains, wages are relatively low. It there- 
 fore logically follows that to raise wages permanently of any one 
 group from below a living level to that level or above it, involves 
 a change in the ratio of workers to jobs. This may be accom- 
 plished m time by a program of industrial education, vocational 
 guidance, a better geographical distribution of population through 
 tlie opening up of new industrial opportunities, and possibly by 
 a restriction of immigration that would especially affect laborers 
 of low ^ciency. 
 
 The present situation of low wages in certain iudustries de- 
 mands m addition to the above measures some more immediaie 
 steps which will be not only supplementary to a program of in- 
 dustrial education, vocational guidance, etc., mentioned above, 
 but will actually hasten such a program. It is the opinion of the 
 writer that such may be one of the effects of minimum wage l^s- 
 lati(m. It is not a choice of " either or" but a case of " and- 
 and." Minimum wage legislation and industrial education must 
 and will go hand in hand. 
 
 The effect of the establishment of a minimum standard-of-liv- 
 ing wage would result in an increase in wages for some employees 
 and loss of employment by others. The increase of wages for 
 ■ome might be the result of the destruction of mere inertia which 
 trough custom had held wages down. Often an employer would 
 be willing to grant an increase if he was assured that his com- 
 
676 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 677 
 
 m 
 
 !l 
 
 petitors would. In such a case the principle of the minimum 
 wage prevents the penalizing of the employer who would gladly 
 pay a living wage. In reference to the second possible effect, 
 viz., the loss of employment for some workers, it is not the belief 
 of the writer that the displacement of labor would be very great 
 with the passage of a minimum wage law, if the minimum were 
 fixed at a point not higher than is necessary to secure " the 
 necessary comforts of life." This seems to have been the experi- 
 ence of other countries. In some lines prices would probably be 
 raised somewhat at first, but the community ^vould be compen- 
 sated by the increased health and efficiency of the workers who 
 would be less likely to become public charges. Moreover an in- 
 dustry that can not afford to run without paying living wages is 
 pauperizing the consumer and should receive no consideration in 
 any statesmanlike handling of the problem. A certain amount 
 of displacement of labor would doubtless occur. However as it 
 would separate out the unemployables and the unemployed, it 
 would be socially advantageous as it would define more accurately 
 on the one hand the limits of the unfortunate class who should 
 be cared for as wards of the State and on the other hand it would 
 afford an object lesson to the public of the need of industrial 
 education and training for efficiency such as might hasten the 
 movement for industrial education. 
 
 As to the extent to which minimum wage legislation should be 
 made to apply, my answer would be, just as far as an investiga- 
 tion of wages of men and women indicates that less than a living 
 wage is being paid. For obvious reasons it would be well to be- 
 gin with those industries which are generally known to pay less 
 than a living wage. In thus applying the principle of the mini- 
 mum wage to all workers, men and women alike, I agree with 
 Professor Holcombe (see The American Economic Review, Vol. 
 II, No. 1, p. 27) that a statute regulating the wages of men in 
 private employment, while undoubtedly placing a restriction 
 upon the freedom of contract, does not alone render such a 
 statute unconstitutional. The police power of the State, I be- 
 lieve, is sufficient to protect the public health and welfare against 
 the evil results of underpayment I fully appreciate the fact^ 
 
 however, that with the present state of public opinion it would 
 doubtless be easier to secure the passage of minimum wage legis- 
 lation affecting women and minors only. 
 
 In reference to the details of the machinery of administration, 
 the writer does not feel qualified to speak. He does, however, 
 believe that the Oregon law is an improvement on the Massa- 
 chusetts law in so far as it is enforceable by other means than 
 public opinion. He moreover feels that the Or^on law along 
 with the Massachusetts statute would be strengthened if the wage 
 earners of any industry in question were allowed to elect their 
 own representatives to the wa^e conferences or boards, provided 
 for in the respective laws of each State and which as now consti- 
 tuted are appointed by the respective State minimum wage com- 
 missions. If the election by the workers of their own representa- 
 tives is not feasible in view of the existing state of public opinion, 
 it would seem to the writer that a method better than that ob- 
 taining in the laws of the above-named Sates would be to allow 
 the workers the opportunity of submitting a list of names from 
 among which the State Commission would be required to select 
 the representatives of the workers on the board. Likewise the 
 manufacturers in the particular trade involved should be granted 
 the similar privilege of submitting a list of names of persons to 
 represent their interests from which list the Commission should 
 choose their representation on the wage board. These two 
 groups of board members along with the Commission should then 
 choose the representatives of the public on the board. One mem- 
 ber of the Commission should be ex officio a member of the. board 
 (or conference). 
 
 The writer further believes that in working out the details of 
 any plan of administration, provision must be made for the cus- 
 tomary issuance of licenses for those persons who because of 
 special handicaps cannot reach the standard of efficiency set by 
 the legal minimum. However the number of such licenses should 
 be strictly limited. Provision should also be made for a rate of 
 pay for apprentices which would be less than the legal minimum. 
 In this case the law should limit the length of time that any 
 apprenticeship may last 
 
678 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 679 
 
 r 
 
 Statement by A. F. Webeb 
 
 Every modem industrial State, whether under a democratic or 
 an autocratic form of government, has found it necessary to 
 establish standards of sanitation and work-hours, and in other 
 ways to interfere in the contractual relations between employer 
 and employee. These elaborate codes of labor laws have been 
 enacted to protect the health and economic well-being of wage 
 workers, who constitute a large proportion of the citizenship of 
 industrial States. The wisdom of this policy of labor protection 
 is no longer seriously questioned. 
 
 Should this policy be extended to include the authoritative es- 
 tablishment of minimum wage rates? The question demands 
 answer from constitutional and administrative law as well as 
 economic theory, for we must consider what can be done as well 
 as what ought to be done. 
 
 In the first place, we shall be reminded that while wage workers 
 cannot be presumed to possess such knowledge of hygiene as would 
 enable them to determine whether they were justified in going 
 to work under the conditions existing in the workplaces where 
 they were employed, and should therefore be protected by expert 
 inspection of factories, they do nevertheless know very well wiiat 
 the particular wage-rate offered them signifies in every ease and 
 are fully capable of arriving at a decision to accept or decline the 
 offer. But the case may not so easily be disposed of. Does the sailor 
 know the precise coefficient of risk of life and limb that causes in- 
 surance companies to fix a high rate for hb occupation ? If so, it 
 does not appear to have influenced many of the men who go down 
 to the sea in ships, for their calling is notoriously underpaid. The 
 situation is even worse in the '' sweated trades " of a metropolis * 
 like London or New York, where the compensation paid is not even 
 a living wage. The fact is that the premises on which the econo- 
 mist bases his theory of wages (that free competition tends to 
 give to each laborer the equivalent of what he produces) are 
 seldom realized. Combination in place of competition, ignorance 
 instead of knowledge, absence of a reserve supply of food, and 
 many other circumstances contrary to the assumed premises or 
 hypotheses of the economist, render untenable the position that 
 
 
 wages are invariably or even generally fixed by natural economic 
 laws, which may not be modified by any " artificial " standards of 
 the legislator and administrator. This conclusion was reached at 
 least twenty years ago by competent investigators. There is little 
 to be added to-day to the admirable treatment of the Standard 
 Wage by Sidney and Beatrice Webb in their great work on 
 " Industrial Democracy."* . 
 
 If the interference of the State is necessary to secure a living 
 wage for large masses of women and children, it is safe to say that 
 constitutional difficulties will be overcome. If necessary the 
 constitution of the State will be amended, and in the meantime 
 New York can follow the example of Massachusetts and provide 
 for wage boards with no power of enforcing decisions except pub- 
 licity. 
 
 The xnost serious objection to minimum wage legislation is that 
 of practical administration. It takes comparatively few inspectors 
 to find out whether the statutory requirements as to safety and 
 sanitation in factories are complied with or not; but it would 
 require an army of inspectors to make sure that a wage established 
 by an outside authority was actually received by the wage earners. 
 But here, as in other difficulties in this field, we can learn from 
 others how to proceed. Minimum wage boards were established in 
 Australia more than 20 years ago and have long since passed the 
 experimental stage. A study of their workings would enable 
 American boards to avoid many mistakes. But we also have some 
 experience of our own that should prove helpful, the data accumu- 
 lated under the protocol of the New York City clothing trades, for 
 example, should be exceedingly valuable. 
 
 Minimum wage legislation in New York should without doubt 
 be restricted at the outset to women and minors just as it hps 
 been so restricted in the nine other commonwealths of the XJniied 
 States that have already entered upon the policy of minimum wage 
 legislation. Wages paid to women and minors are almost univer- 
 sally lower than those paid to men, and in many instances women 
 and children are excessively underpaid. While a grown man must 
 
 * Especially chapters II and V of Part II and chapters II and III of Part 
 III. See also S. Webb's article on the Economic Theory of a L^^al Minimum 
 Wage, in the Journal of Political Economy, 1912. 
 

 
 680 
 
 Appendix III 
 
 be at least Belf-supporting, even if unmarried^ there are multi- 
 tudes of women and children who do not have to live on the wages 
 they themselves earn. Deriving at least a portion of their support 
 from the male wage-earners of the family, they are free to work 
 for wages that are utterly inadequate for the s^f-supporting widow 
 or single woman and in accepting work thus underpaid they create 
 the problem that requires the earliest action on the part of the 
 State. The employments in which this situation is most fre- 
 quently found have presumably been discovered by the investi- 
 gation of the Commission, which has more ample knowledge than 
 the average citizen possesses concerning actual conditions. 
 
 Minimum Wage STMPosltiil 
 
 m 
 
 n— SOCIAL WORKERS. 
 
 Statement of Felix Adleb 
 
 The principle of the minimum wage commends itself as an 
 expression of the social conscience. It is one method, already 
 tested experimentally here and there, though as yet inadequately, 
 to secure the recognition of the human factor in the production 
 of wealth. It involves the conviction that at the very least a 
 standard of living indispensal le to decent subsistence shall be 
 assured to every worker, and that a trade which can prosper only 
 on the condition that those who labor in it shall be starved or 
 d^raded has no right to exist It involves furthermore the 
 deliberate judgment that the community as a whole acting 
 through the organs of the iState is under obligation to see that 
 a minimum standard of this kind be established and maintained. 
 We have come to see that there is such a thing as a collective 
 responsibility for the health, the safety, the gradual elevation of 
 the masses of the laboring people. 
 
 The following points also have struck me as important: 
 
 1. A reduction of wages in times of depression may become 
 necessary. A standard rate below which wages shall not fall 
 ought to prevent the reduction from becoming a collapse. 
 
 2. I believe that a standard rate will promote rather than disr 
 courage trade organization. It will be a jumping-off place from 
 which to achieve an advance of wages when industrial conditions 
 permit. It will secure to the workers the means, the self-respect, 
 the incentive to still further improve their condition. 
 
 3. In the administraticm of the minimum wage there should, 
 of course, be no attempt to establish a horizontal rate for all 
 industries ; due regard should be paid to the conditions prevail- 
 ing in each ; and the rate should be sufficiently flexible to tolerate 
 carefully guarded exceptions where the dictates of humanity re- 
 quire them, as for instance, in the case of cripples. 
 
 :if 
 
 Statement of Fbedebic Almy 
 What I have to say in regard to minimum wage legislation is 
 academic, and does not particularly concern women and minors. 
 
682 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 683 
 
 ft 
 
 •f 
 
 In saying it I shall use some sentences which I have used else- 
 where. 
 
 Fortunately the price of men is going up in America. This is 
 partly through organization and a higher standard of living, but 
 legislation can assist It is no more against freedom of contract 
 to forbid a man to sell his labor for less than a living wage, than 
 to forbid him to sell money at usury. Cheap men make cheap 
 citizens, and it is just as much against public policy to buy men 
 too cheap as to sell money too dear, no matter how much both par- 
 ties may desire it. Pope Leo XIII declared for a living wage 
 in 1891 in his encyclical " Rerum Novarum ", and so did the 
 Federal Council of the Protestant Churches of Christ in America 
 in 1910. Higher wages do not make higher living, but they make 
 higher living possible, and poor living is very costly to the state, 
 especially with universal suffrage. 
 
 The individual employer is powerless without a state law which 
 controls his competitiors. The unwilling employers who now 
 compel their more generous rivals to meet their wages and hours 
 may be in turn compelled by law, so that the bad men will be 
 compelled by the good instead of the good men by the bad as at 
 present 
 
 On the other hand it is true that the $1.50 a day laborer is 
 often not worth even the $1.50 that he is paid. Minimum wage 
 laws will compel manual education, as universal suffrage has com- 
 pelled mental education. As John Mitchell has pointed out, 
 with a minimum wage law the contest between men will be one of 
 eflSciency and not of cheapness. To get steady employment in 
 stead of odd jobs, men must see who can do the best work, not who 
 will take the least pay. If the shirkers and the incapables get no 
 work, and are dealt with by correction or charity, the stigma will 
 be obvious and more wholesome than the present system. 
 
 The pioneer states may suffer, but men have always been willing 
 to suffer in good causes. Moreover, the pioneer states and cities 
 which have passed child labor laws and housing laws which raise 
 the cost of labor have not gone down industrially before their 
 rivals. No state can prosper where a wage is general on which 
 steady, hard labor by willing but unskilled men and women does 
 not afford the decencies of life. , The poverty which is often due 
 
 only to low wages brings in its wake disease, immorality and 
 ignorance, all of which are contagious, and expensive to society. 
 
 A larger wage will make a larger market, for men's wants in- 
 crease rapidly with larger means for gratifying them. 
 
 When raw cotton or raw ore are permanently dearer, the in- 
 dustries adjust themselves in time and the factories continue to 
 make money. It will be the same when men are dearer. Prices 
 might go up, but the higher price of goods would include luxuries 
 like yachts and velvets which the laborer does not use, and his net 
 gain would be considerable. If this were not so, he would not 
 be injured by lower wages, for the cost of living would be reduced. 
 
 The experience of New Zealand and Victoria for twenty years, 
 and of other countries later, is encouraging. The recent example 
 of England and Massachusetts is also encouraging. All good gen- 
 eral laws have their special hardship, and no law is a panacea, but 
 ft good minimum wage law will help to make a better breed of men. 
 
 (This is a personal opinion, and does not in any way represent 
 the Charity Organization Society of Buffalo.) 
 
 Statement of Inez Milholland Boissevain 
 
 The establishment of a minimum wage seems so obvious and 
 necessary a measure of reform, that it is difficult to conceive of 
 the character of its opposition. 
 
 Apparently, the opposition finds support in the following argu- 
 menta. The minimum wage is undesirable, they claim. 
 
 I. Because the Minimum Tends to Become the Mcucimum 
 The difficulty here, lies in regarding the minimum as a wage; 
 whereas in realty it is an am>ount or standard, below which no 
 wage should be allowed to fall. 
 
 The opposition believes in State determination of hours and 
 sanitary conditions, and these are exactly comparable to State 
 determination of the lowest possible wage; for the laws establish- 
 ing maximum hours in a given industry or the maximum number 
 of workers in a work-room or the minimum amount of windows 
 or of cubic air space, set the standard below which no manufao- 
 
684 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 685 
 
 
 turer is allowed to operata Nor is it claimed^ for these regula- 
 tions, that they are the last word in the matter of improvement; 
 they are being improved upon all the time; high standards beget 
 higher standards; low standards perpetuate meagre demands and 
 degradation of thought and conduct. 
 
 Speaking of the wage board in the tailoring trades in England, 
 Mrs. Glendower Evans says : " There was no tendency to make 
 the minimum rate a maximum. On the contrary, the higher paid 
 were systematically advanced to keep a due relation to the less 
 capable." 
 
 II. That it Does Away With the Driving Power of Trade Unions 
 
 The more barren the living conditions the more de-vitalized is 
 the individual, and hence the greater is the amount of energy 
 required to evolve or conceive of a standard very different from 
 that which is current in the life around them; and this very 
 energy to conceive is lacking because of de-vitalization. 
 
 Every under-paid, and hence under-nourished, individual adds 
 to the dead weight of inertia which the enlightened group must 
 struggle to drag forward, in any attempt, whether by law or 
 union, to introduce ideas of mutual aid, or a higher standard of 
 living. 
 
 The underpaid respond to more money, fewer hours, etc., of 
 course, but their brains are too dull, their bodies too anaemic to 
 respond to, or sustain the methods necessary to obtain either. 
 
 Sustained effort and response comes from the well-fed group. 
 
 Hence it is, that only the well paid are progressive in their 
 demands ; and such progressiveness is what is needed to increase a 
 union minimum ; it will do the same for a legal minimum. 
 
 I know a department store girl, who, when she was getting $7 
 a week, was apathetic, disinterested, unapproachable, if not hostile 
 to the union organizer; later, when promoted to $12 a week, she 
 became an enthusiastic supporter of the union, eager, educated, 
 unafraid. 
 
 During the winter of 1^13-14, 1 invited to my home one evening 
 a week, the girls of the New York department stores. They were 
 invited to come direct from work, so that they knew that nothing 
 in the way of dress or formality was expected. They were 
 
 invited to dance, to hear music, to discuss current ideas, to read, 
 to consider their own problems, incidentally to learn about the 
 Union. On the whole, only those girls responded who were receiv- 
 ing more than the average wage ($7). Intelligent girls came, 
 well dressed girls, girls who were participating in outside activities 
 and organization ; in other words, girls who were able to relax, 
 who were not under the terrible day-to-day strain of privation and 
 under-nourishment. From these girls, we heard of the others, 
 but, exhausted and bitter and driven, it was hopeless to get them 
 
 to join us. 
 
 The others, those who came, proved a fertile field in which to 
 work; they developed class consciousness, purpose, courage and 
 the co-operative spirit. 
 
 These meetings brought in numerous members to the Retail 
 Clerks Union, and incidentally a group of vigorous thinkers who 
 easily understood the bearing of a public question on their particu- 
 lar need. One night, one of the members brought in a news- 
 paper clipping, reporting the establishment of a minimum wage 
 for women in Oregon ; this clipping which she declared a highly 
 significant sign of the times was the basis for a discussion of the 
 whole minimum wage problem in which it seemed to me every 
 conclusion on the subject by investigators all over the world was 
 introduced. It ended in a general agreement that Lt.-Gov. 
 O'Hara's minimum $12 per week was the only one for a living 
 wage. "Anything else," said one of the girls, " is an existing but 
 not a living wage." 
 
 In any case of protest on the part of the girls where their rights 
 were impinged upon (for instance, as where they were allowed 
 to go at 5.30 by law, but were detained until 6 — or where they 
 should have had time off for overtime the night before), I found 
 it was the spirited girl, the girl who was comfortable who dared 
 to protest. 
 
 These girls made up for me their weekly and yearly budgets, 
 but as these reports have already been forwarded to the Women's 
 Trade Union League, for the benefit of the Factory Investigating 
 Committee, I shall not re-submit them. 
 
 In conclusion, let me say that we never, at any time throughout 
 the winter, were able to approach those girls who most needed 
 
686 
 
 Appendix III 
 
 I 
 
 III 
 
 iff 
 
 I 
 
 It 
 
 some color in their lives, the $4, $5, $6 a week girls. They were 
 too timid, too weary, too lethargic. 
 
 In the garment strike of 1909-10, I remember without excep- 
 tion that all the girls with whom I worked, or whom I encountered, 
 who were active in the endeavor to improve conditions in the 
 trade for the less fortunate, were girls who were getting a more 
 than living wage. 
 
 I remember one girl, a Russian, who told me she was getting 
 $15 a week. She had been the first in her factory to strike for 
 better pay, although she herself expected no increase thereby and 
 had led down 40 or 50 others. But her good efforts were rendered 
 useless by the fact that the factory was able to go on working with 
 the remaining staff who stayed at work. The leader of the ** scabs " 
 was an American girl whom I undertook to persuade to strike. 
 She refused, and when she told me she was getting $10 a week 
 on which to support a sick mother and brother and sister, I had 
 not the heart to persuade her further. I told the Russian of my 
 failure and she shrugged her shoulders: " It means the same for 
 me as for her," she said, " but my mother who is blind, told me 
 when we struck, ' Keep up the fight, even if we starve and are dis- 
 possessed — strike for the poor ones who can't hold out for them- 
 selves.' I am." 
 
 Greater comfort in this case went hand in hand with a higher 
 ethical sense — one's obligation to more than one's immediate 
 family — to the whole group. 
 
 The driving force of trade unionism would be added unto, not 
 decreased, by the creation of this sort of material. 
 
 Mrs Florence Kelley says that "a great inceiUive to organi- 
 zation alike in Cradley Heath and other areas is a further result 
 of the coming of the trade board." 
 
 Mrs. Elizabeth Glendower Evans says: " Moreover, as has been 
 found in each of these other countries, a minimum wage law to 
 become a working power needs reinforcement by trade unions. 
 In the United States, where minimum wage laws have so 
 far been applied only to women workers, trade union alliances 
 are less likely to develop than where the law applies to women 
 and men alike. Women, however, are learning the art of 
 
 Minimum Wage Symposium 
 
 68'J 
 
 organization and already in one State, the activities of the 
 Minimum Wage Commission have aroused an incipient trade 
 union movement, thus demonstrating that even under American 
 conditions minimum wage boards are an entering wedge for trade 
 
 unions. 
 
 »» 
 
 And again, "Among other benefits it tends to promote association 
 among the workers." 
 
 Speaking of the chain-makers of Cradley Heath, she says : " It 
 was the intervention of the Government that aroused these op- 
 pressed people to strike; bui without the union, they would have 
 been starved into submission, and the trade board forced either 
 to lower the rates it had fixed or to see them become a dead letter. 
 Out of their own experience, the workers learned that in union 
 there is strength/' 
 
 " The clothing operatives union of Hebdon Bridge " (England), 
 she continues, " increased from 29 to 300 " (during the year the 
 industry was subject to regulation), "while throughout the 
 country the union so grew in numbers that it came to embrace 
 more than three fourths of the working people in the trade." * * * 
 A legal minimum wage is an attempt to pick him (the worker) 
 up and keep him standing. It need not be a high rate. It is 
 enough if it puts solid earth beneath the trade union in the trade, 
 and lays a foundation on which the union can build a proper 
 
 superstructure. 
 
 In describing the Westinghouse strike, George V. S. Michaelis 
 says : " These were no sodden peasants, dumb and stupid. They 
 were highly literate. Many wrote in two languages. No plants 
 in the country had a higher type of employees." 
 
 It has been my universal experience that those who welcomed 
 union ideas, or were interested in any programme designed for 
 the benefit of working people, were the better fed and highly paid. 
 I was a member of the Socialist Local at Poughkeepsie, composed 
 almost entirely of workingmen. All of these who met for the 
 discussion of ideas to improve the conditions of workers, were 
 themselves moderately well off. They welcomed every form of 
 workingman's organization — the union most of all. 
 
688 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 689 
 
 ii 
 
 
 i] 
 
 w 
 
 ^ 
 
 , : 
 
 H 
 
 III. Because it Will Throw People Out of Employment 
 Highly desirable if true. For it means that those people are 
 ousted who are a drag on the trade — and who debase conditions 
 for the efficient. That the incompetent must be looked after in 
 other ways, goes without saying, but the efficients in a trade, should 
 not be penalized for the incompetency of the weaklings. More- 
 over, the ousting of incompetents will put the problem squarely 
 up to the government, " How are incompetents to be cared for, and 
 provided with work suited to their capacities ? " 
 
 So that the incompetent are benefited in the long run, as well 
 as two other classes: the competent employed, and the competent 
 unemployed who must be recruited to take the places of the ousted 
 incompetents. 
 
 There are many classes of incompetents, whom it is a mercy and 
 a state service to exclude: 
 
 1. The children ; 
 
 2. The aged; 
 
 3. Exploited women ; 
 
 4. The maimed; 
 
 5. Defectives. 
 
 Let these classes who are doing a strong man's work, not be- 
 cause they do it more efficiently, but solely because they do it 
 more cheaply, be replaced by strong men, men with families to 
 support, who can only afford to work for a minimum living wage. 
 
 IV. Because Organized Labor is Best Judge of What Working 
 
 People Want 
 
 The A. F. of L. represents a small, though admirable proportion 
 of working people. But the very class whose needs the minimum 
 wage is designed to meet are unrepresented by the A. F. of L., 
 for they are unorganized, the unskilled workers. Therefore al- 
 though the A. F. of L. is the best judge of what the A. F. of L. 
 want, they are not at all the best judges of what working people 
 in general want — for they have no means of referring to them — 
 no machinery with which to do it And the best judge of an 
 individual's wants is the indiviual herself — in every case. The 
 educated person may be the one best equipped to teach us how 
 
 to attain our wants — ^but he never may determine those wants for 
 us. 
 
 Now, all working people as I have known them — department 
 store clerks — garment-makers, stenographers, dressmakers' assist- 
 ants, trained nurses, have been in favor of a minimum wage — 
 A. F. of L. notwithstanding. And although any opinion is of 
 necessity limited, because we have no referendum machinery, 
 nevertheless the above is one individual's experience set forth for 
 what it may be worth. 
 
 Moreover, the A. F. of L. does not decide for large bodies of 
 working people, the revolt against craft unionism represented by 
 the A. F. of L., and the increasing membership of the I. W. W. 
 bear witness to. 
 
 Nevertheless, if I felt that the principle of unionism, irrespec- 
 tive of its particular manifestation, were jeopardized by the es- 
 tablishment of a minimum wage, I should be opposed to it. But 
 I believe a minimum wage produces the material which is best 
 fitted for the union stamp. 
 
 V. Because the A, F, of L, Has Apprehensions Against Placing 
 in the Hands of the Government Additional Power Which 
 May he Used to Harm the Workers 
 
 Such power is already vested in the government, and the sooner 
 the workers learn that they must control the government, the 
 better. At present the government expresses almost altogether 
 the interest of the employers; the workers must learn for their 
 own protection, to handle the same weapon. For the future they 
 must learn to operate consciously in the political field as the 
 A. F. of L. has taught them to operate in the industrial field. 
 The workingman's party will undoubtedly replace the A. F. of L. 
 as a medium of expression for Labor. Everywhere working 
 women are becoming conscious of this fact, and it is only a ques- 
 tion of a generation before they teach their sons. 
 
 VI. Because it Takes the Initiative Away from Working People 
 
 By placing working class interests in government hands, work- 
 ing class initiative is increased, rather than decreased, because : 
 
 1. There is less risk in opposing a government measure than in 
 opposing the will of the employer by strikes, etc. To vote an in- 
 
690 
 
 Appendix III 
 
 ■ .f 
 
 crease does not jeopardize a man's job as it does to strike for an 
 increase. 
 
 In persuading members to join the Union, we find it very 
 much easier to do so when secrecy is guaranteed. To vote is a 
 secret process, to strike is manifest 
 
 2. The idea or measure receives more advertising as a govern- 
 ment proposal than does a union demand. It it presented by 
 every candidate, by every newspaper, by every possible medium 
 of publicity. Presented so often, it induces discussion ; discussion 
 eventually produces action. 
 
 3. The specific demand is uncomplicated ; that is, it is not tied 
 up with a series of other ideas which go to make up the principle 
 of unionism, and, thus simplified, it is easy for the individual to 
 decide "yes" or "no" on the proposition. 
 
 Incidentally, with one definite and beneficent step accomplished, 
 it is easier to introduce the whole idea of unionism, and the 
 methods for obtaining it, of which the step was but a part. 
 
 It is true, for the same reason, that employers favor the enact- 
 ment of a law who do not favor imionisnou The employer is con- 
 fused, like the unskilled worker, as to what unionism stands for, 
 and he must be introduced to the idea in small doses. 
 
 VII. Because Trade Unions are not Willing to Accept an Ex- 
 periment as a Svhstitute for its Work 
 
 Government control and regulation of working class interests hai 
 passed the experiment stage. 
 
 VIII. Becatise the Law Processes Take too Long 
 
 That is because working class consciousness is not back of 
 the law as yet And the objections to state action on the part of 
 the A. F. of L. is helping to divide that consciousness, and to 
 divert it. The A. F. of L. at present formulates the working class 
 demand, and then acts as intermediary between labor and political 
 action — an unnecessary redoubling of energy. Whatever manipu- 
 lating must be done had better be done by the candidate dealing 
 direct with his constituents — the working people — without the 
 intermediary. Nor is the wire pulling in politics any more ram- 
 pant than that in a federation. 
 
 MiNiMiTM Wage Symposium 
 
 691 
 
 
 IX. Because of the Cosmopolitan Character of the People — Dif- 
 fering Languages, Differing Customs, Etc., It is Hard to 
 Get Them to Co-operate 
 
 Not half so hard to swing them into line back of a given legis- 
 lative proposal which every medium — newspaper, candidate, 
 moving picture, etc., takes the trouble to present and explain, as 
 to persuade them of the value of the complicated philosophy of 
 mutual aid in the shape of trade imionism. 
 
 But like Mrs. Kelley, I believe in this country " we are suffer- 
 ing from a surfeit of speculation as to the probable effects of 
 establishing minimum wage rates." 
 
 Joint Statement of Bailey B. Bukritt, John A. Fitch, 
 Homes Folks, Paul U. Kellogg^ John A. Kingsbury, 
 Samuel McCune Lindsay, Charles S. MacFarland, Wil- 
 liam H. Matthews, Frank Persons, Stephen S. Wise 
 
 In reply to your letter of October 3d, as to remedies for the 
 underpayment of a large body of wage-earners in the State of 
 New York, we beg to point out that minimum wage legislation 
 is now in force in the State of Oregon and has been sustained as 
 constitutional by the Supreme Court of that State. As you doubt- 
 less know, rates are also in effect in Minnesota, Washington and 
 Massachusetts. 
 
 It is, of course, too soon to claim that such legislation will 
 everywhere and promptly solve this difficult problem. It has, 
 however, one merit which particularly recommends it to those who 
 believe in Democracy. It is the first attempt in all the history 
 of industry to give to underpaid women and girls a voice iu 
 deciding what compensation they should receive. 
 
 The essential point in all such legislation is the creation of a 
 State Commission with wage boards composed of representatives of 
 employers, employees and the public. This insures that, besides 
 the primary aid of removing one industrial cause of poverty, a 
 secondary aim hardly less important is served, namely, that the 
 sense of justice of the workers and of the community is satisfied. 
 
692 
 
 Appendix III 
 
 r . h 
 
 The employer is freed from the pressure of his meanest com- 
 petitor, and the worker is enlightened as to the actual difficulties 
 that beset the industry. Being more conversant with the whole 
 situation, both are correspondingly more tolerant. 
 
 This is no mere theorizing. As to these facts we have eighteen 
 years' accumulated experience in Australia and four years in 
 England. 
 
 For want of such machinery we have within a few years seen 
 in the streets of New York little girls of 14 years acting as pickets 
 during great strikes. The Minimum Wage Commission affords 
 a dignified medium for the expression of the needs of the now 
 defenceless workers and of the now silent conscience of the com- 
 munity. 
 
 This method has afforded no instant cure for industrial under- 
 payment, but with the least dislocation of industry and no actual 
 injury to business, it has wherever attempted steadily raised the 
 lowest levels of labor. 
 
 Every investigation shows afresh that wages are now for the 
 most part chaotic, especially in the worst paid occupations, differ- 
 ent employers paying different wage rates for the same grade of 
 labor. Minimum Wage Commissions introduce a business-like 
 method of standardization. In the nature of things the incompe- 
 tent employer is thereby stimulated to greater efficiency, and the 
 incompetent employees must either earn the new wage rates or go 
 in search of technical education to enable them to do so. For 
 this education our State is now preparing on a large scale. 
 
 We consider that Massachusetts has set a good precedent for 
 the industrial States of the East by appointing wage boards under 
 its Commission to take up one industry at a time, studying it in 
 detail intensively, and thereafter recommending a rate on the 
 basis of agreement of the representatives of all the parties in 
 interest 
 
 There never was a time when such legislation was more needed, 
 for with bad times and the influx of refugees which has already 
 begun, wages must go even lower without effective action to keep 
 them where they are. 
 
 We would earnestly urge upon your Commission the continu- 
 
 MiNiMUM Wage Symposium 
 
 693 
 
 ance of the magnificent record which it has already achieved, that 
 it be not held back from recommending a Minimum W^age Com- 
 mission by any fear of difficulties of administration. 
 
 PAUL U. KELLOGG, 
 CHARLES S. MacFARLA:N^D, 
 W. FRANK PERSONS, 
 HOMER FOLKS, 
 BAILEY B. BURRITT, 
 WM. H. MATTHEWS, 
 SAMUEL McCUNE LINDSAY, 
 JOHN A. FITCH, 
 JOHN A. KINGSBURY, 
 STEPHEN S. WISE. 
 
 Statement of Rt. Rev. F. Courtney 
 
 It is not very long since the question of wages was allowed to 
 settle itself by what was called the law of supply and demand, 
 but when presidents and boards of directors of great companies 
 took the place of individual employers or of firms of limited mem- 
 bership, and labor unions were organized, and strikes and lock- 
 outs took place, conditions were speedily changed, a state of war 
 between capital and labor being the result Once in a while 
 matters would get into such a bad state, entailing great want and 
 suffering on the part of all on the side of labor, and pecuniary 
 loss on the side of capital that various forms of interference were 
 adopted by the State for the settlement of difficulties and the re- 
 sumption of work. Gradually, more and more attention was fixed 
 upon the question of how much a working man ought to have, in 
 order to provide for the necessities of his family, it being taken 
 for granted that somehow he must be in receipt of at least that 
 amount, in order to make and keep him, as a citizen, an asset in 
 the welfare of his country. 
 
 It has been the policy of the government of the United States 
 to endearor to protect and foster weak and struggling trades by 
 imposing a heavy customs duty upon the products of such trades 
 imported from other lands, thus so far as those trades were profit- 
 able, making the consumers of their products pay to make them 
 
694 
 
 Appendix III 
 
 
 !' 
 
 |!r 
 
 1 1 
 
 11 
 
 1 
 
 it 
 
 (: 
 
 80. It would seem to be in correspondence with this action that 
 the government should compel employers to pay what is called a 
 living wage to the workers of all trades — this being what is 
 understood by the term a minimum wage — the effect of which 
 would be that the manufacturers in certain trades would charge 
 the customers so much more for the product, and secure customers 
 by the customs duty being increased on imports of the same 
 articles. The reason for such action on the part of the Legislature 
 would be that the public at large should be compelled to pay for 
 securing to the State lives which would be of value to the same, 
 and which, without this provision, would be weak and ineffective 
 physically, and needing in old age, or even before that, to be pro- 
 vided for at the public expense. Another mode would be for the 
 Legislature to fix the amount of the minimum wage which any 
 worker should receive, and from returns obtained by its investi- 
 gators ascertain the number of those who were underpaid, and the 
 amount required to bring them up to the level, paying over to 
 them the balance, and recouping the public purse by taxation — 
 urban. State, or National. This plan would apply to those 
 workers only who, in the various employments, were receiving 
 less than the minimum wages, for there would hardly be any 
 where all were paid less than that. There would be one great and 
 evident objection to this procedure, namely, that it would open 
 the door to fraudulent action, the employer getting as many 
 workers as much below the minimum wage as possible, so that 
 they -might be cared for at the public expense, that he might be 
 able to undersell his honest competitor by producing his wares at 
 less cost to himself; that should in some way be guarded against 
 It may be urged against the whole subject, that minimum wage 
 legislation would make for what is known as paternal govern- 
 ment, which is generally in bad odor, but it is a question, since 
 Bellamy's day (" Looking Backward "), whether government may 
 not come to be the regulative of manufacture, trade, commerce and 
 finance, and the President of the United States be elected to that 
 position because he is the best business man in the community. 
 If that is to be so, it would seem that the providing of a minimum 
 wage by means of legislation, is a legitimate and proper pro- 
 cedure; and the only question to be discussed is as to the par- 
 ticular enactment by which the object can best be secured. 
 
 Minimum Wage Symposium 
 
 695 
 
 Statement of Hebbebt Ceoly 
 
 I should very much like to answer your letter of October 3d 
 at length. In this letter you ask me to draw up for the 
 Factory Investigation Commission my own views on the question 
 of minimum wage legislation, and to discuss the administration of 
 minimum wage laws. 
 
 It is a matter in which I am very much interested and which I 
 would have gladly vnritten to you about at length were I not very 
 much pre-occupied at the present time by the necessary pressure 
 of work connected with starting the New Republic. As it is I 
 shall be obliged to confine myself simply to a general statement 
 of conviction. 
 
 I believe heartily and wholly in applying minimum standards 
 to wages in all industries in which an excessive competition or 
 any other demoralizing cause leads to the sweating of the em- 
 ployees. I think it has been already proved that the proper ad- 
 ministration of such a law is entirely practicable and has a 
 tendency not merely to raise the standard of wages in the industry, 
 but to place the industiy itself on a more wholesome and less pre- 
 carious basis. Whether or not the legislation undertaken by any 
 State in the American Union should apply a compulsory standard, 
 or should depend, as in the case of Massachusetts, on the effect 
 of public opinion, depends, I think, very largely on local con- 
 ditions. It will probably be better in the majority of American 
 states to b^in with a law which does not depend upon compulsion, 
 but I should regard a law of that kind merely as a step to the 
 adoption of a compulsory standard in the end. 
 
 In the case of industries that are well organized the enactment 
 of minimum wage legislation would seem very doubtful. In that 
 event the unions seem quite capable of taking care of the necessary 
 minimum standards. Legislation on behalf of the minimum wage 
 in such industries UMght have a value in this country which it 
 would not have abroad, in that it would protect union labor from 
 the competition of recently arrived aliens whose standard of living 
 is lower; but I do not think that this consideration is decisive. 
 On the other hand, the fact that the unions themselves seem to be 
 suspicious of minimum wage legislation is, I think, of the utmost 
 importance, and certainly during the present experimental period 
 
11 
 
 ,1' 
 
 ^ 
 
 li: 
 
 III 
 
 ; p 
 
 1: 
 
 I 
 
 
 \:\ 
 
 «l 
 
 696 
 
 Appendix III 
 
 it is far better to confine any legislation of this kind to those in- 
 dustries the employees of which are not strong enough to protect 
 themselves from the condition which makes for low standards of 
 living. 
 
 Statement of Edward T. Devine 
 Your investigations support what is common knowledge among 
 students of industry, that in many cases current wages are insuf- 
 ficient to enable workers to maintain themselves in health and 
 comfort Probably all would agree that if such wage earners 
 could by their own efforts secure the increased income essential to 
 their well-being this would be cause for congratulation. Exper- 
 ience and observation show, however, that it is precisely those 
 whose wages are least who are in this respect most helpless. 
 They are caught in a vicious circle, unable to increase their 
 efficiency or their ability for mutual self-defense because of their 
 low wages, and unable to increase their wages because of their 
 comparative inefficiency and lack of capacity for self-defense. 
 
 To establish a l^al minimum wage will immediately insure 
 increased income for a considerable number; that is to say, for 
 all of those who are really needed in the industry in which they 
 are engaged and whose employers can afford to pay higher wages. 
 Doubtless there will be a certain number — no one knows in ad- 
 vance how many — whose employers can not pay a higher wage, 
 and — what is only another way in the long run of saying the 
 same thing — who are not worth a higher wage at present. 
 These displaced workers will again fall into two principal 
 groups: Those who by a reasonable amount of education and 
 training can be enabled to earn a higher wage, and those who 
 through mental or physical deficiency are incapable of such educa- 
 tion and training. The first present a problem of improved edu- 
 cation with which the school authorities should quickly cope. 
 The second present a relief problem for which provision would 
 have to be made. 
 
 In my opinion, the presence in industry of untrained and un- 
 teachable workers, inefficient because of inherent defects, is a 
 great handicap to industry and a most unfair form of competition 
 
 Minimum Wage Symposium 
 
 697 
 
 in the labor market Their work is worth little, notwithstanding 
 which they maintain a foothold, partly because employers have no 
 adequate means of knowing whether particular employees are or 
 are not earning the wages paid them. 
 
 One great advantage of a minimum wage law is that it would 
 drive a sharp wedge between wage earners who are earning what 
 they receive or more and wage earners whose services are worth 
 little or nothing. The latter are really a social burden, and it 
 is not a disadvantage to have them so recognized, defintely sup- 
 ported as public charges. To support them indirectly by paying 
 them wages which they do not earn is unfair to actual wage 
 earners as well as to employers. One chief advantage of differ- 
 entiating them from other laborers is that they can then be con- 
 sidered individually, those who are capable of being taught being 
 given the opportunity, and those who are not being brought if 
 necessary, into institutions or colonies where under direction they 
 can at least earn part of their support. For their own sake even 
 these last should have some employment, but it should be of a 
 kind adapted to their capacity. 
 
 It would, I think, often be found — and experience in England 
 and elsewhere supports this view — that the higher wage re- 
 quired by a minimum wage law could be paid without actual loss 
 to employer or consumer, the explanation of this apparent paradox 
 being simply that the worker with better nourishment or a higher 
 standard in other respects will do more efficient work, producing 
 more goods or a better quality of goods for which purchasers can 
 well afford to pay the difference. It could not of course be laid 
 down that an indefinite increase of this kind is possible; but it 
 may well be that the entire difference between the low wages now 
 paid in some industries and the amount which would be necessary 
 to maintain health and decent comfort could thus be made up 
 with actual advantage to everybody affected by the change. 
 Even, however, if this should not be the case, and the alternative 
 were found to be a complete disappearance of some branches of 
 industry in which a minimum living wage could not be paid 
 profitably, the community could better afford to see such branches 
 of industry totally disappear than to tolerate the continuance of 
 
•< 
 
 698 
 
 Appendix III 
 
 under-payment, which means progressive lowering of the standard 
 of living, under-nourishment, excessive over-crowding, or other 
 conditions which make for actual racial degeneracy. 
 
 Statement of Seba Eldbidob 
 The conditions disclosed by the investigations of the New York 
 State Factory Investigating Commission, and known to students 
 qi labor problems long before the Commission was called in ex- 
 istence, are the argument — the unanswerable argument — for a 
 legal minimum wage for women and minors. For no theoretical 
 arguments against wage regulation, however logical or cogent they 
 may be, can remove the fact that tens of thousands of women and 
 children workers in the State do not receive incomes sufficient to 
 purchase the necessaries of life, and the demand for a prompt and 
 efficacious remedy for this appalling condition. 
 
 Granted that wage regulation may fetter industry, that it may 
 increase the cost of living, that it may drive many industries 
 from the State, even that it may prejudice the position of organ- 
 ized labor — granted all these things — the condition that con- 
 fronts us is so serious that measures of relief must be devised, 
 even if at so great a cost 
 
 But it has not been shown that industry suffers by such regula- 
 tion, that prices are increased by paying labor a living wage, that 
 industries are driven out by minimum wage laws, nor that organ- 
 ized labor is weakened by the fixation of a legal minimum below 
 which wages cannot fsll. Any tendency there might be for these 
 results to follow can be anticipated and minimized or counteracted 
 altogether. If the prices of commodities produced by industries 
 underpaying their labor are forced up by forced increases in wages, 
 the result will be rather an equalization of wages as between the 
 better and the more poorly paid labor than any general increase 
 in the cost of living to all labor. This is no more than just and 
 humane, and labor — and capital and the consumer — should not 
 object to bearing each its share of the burden. A legal minimum 
 wage, if there is a gradual growth from the present minimum to the 
 living-wage minimum fixed by law, will only drive such industries 
 
 I 
 
 Minimum Wage Symposium 
 
 699 
 
 from the State as are by their very nature parasitical, and not any 
 industries that deserve to exist What will actually happen will 
 be that the sweated industries will have to adapt themselves 
 gradually to the advanced wage scale or in particular instances 
 other industries substituted for thenL It will not mean an arrest- 
 ment of industry nor the driving of capital from this State to 
 another. The l^al fixation of a wage minimum cannot prejudice 
 the interests of organized labor; indeed, it will encourage the 
 organization of employees in trades that were not before organized, 
 that they may be adequately represented on the bodies charged 
 with the duty of making wage determinations. 
 
 Modern economic theory is all on the side of regulation of this 
 sort The fact is admitted by all schools of economists that the 
 productive system is a corporate, a collective affair, and must 
 stand or fall as a whole; that the individual worker, or individual 
 capitalist, is helpless before it; and that society, which it serves, 
 must see to it that neither worker nor capitalist is crut.hed or 
 oppressed by it 
 
 There are arguments that a legal minimum wage is undesirable 
 because indirect methods of attack can accomplish in a better 
 way what wage laws are designed to accomplish. The improve- 
 ment of hours and conditions of labor ; the elevation of standards 
 of housing; the training for a better expenditure of income; the 
 vocational guidance and training of boys and girls; a greater 
 production of wealth through better organization of industry — 
 these and other measures are urged as substitutes for wage regu- 
 lation. They will, of course, permit the maintenance of higher 
 standards of living, but they cannot be expected, even when they 
 shall have been completely carried out, to deal with the wage or 
 income problem in its entirety. For, however greatly we improve 
 labor and housing conditions, however well we are trained for 
 life and work, however great our production and wealth, the fact 
 will remain until the State does everything for the individual, 
 that we shall all need incomes for the necessities of life we have 
 to procure for ourselves. 
 
 And it would seem to be a self-evident truth that every man 
 and every woman who is willing to work and able to work should 
 be provided with work and that they should receive for this work 
 
 )( 
 
 m 
 

 700 
 
 Appendix III 
 
 at least a living wage; and, further, that if willing to work and 
 unable to find work they should receive from some source a living 
 income anyhow. Too, the wage or income paid should be sufficient 
 to permit of saving for the time when the wage-earner is unable 
 to toil for himself and those dependent on him, or if not, pro- 
 vision should be made for this contingency in some other way. 
 
 Our aim should be to insure to every family and to every 
 individual for whom we have any measure of responsibility, a 
 living income for every month of the year and every year of 
 their existence. Not only will the legal fixation of a living wage 
 be necessary to the accomplishment of this purpose, but adequate 
 provision — of necessity under State control — must be made for 
 unemployment, sickness, accidents, old age and death. And upon 
 every individual and every class in the community — upon this 
 Conmiission, upon the Legislature, upon organized labor, upon 
 political parties, upon all the public — rests the responsibility, a 
 responsibility they cannot shirk, of devising measures that will 
 insure to every individual and every family in the community sure 
 and adequate means of maintaining themselves in decency. 
 
 To supplement the incomes of working women and minors 
 within this State who now are underfed, or inadequately clothed, 
 or improperly housed, or all these things put together, because 
 their incomes are too low, will require severaJ millions of dollars 
 a year. Only legislation can meet this situation. Relief cannot 
 do it, and could it, it would be a vicious way of meeting the 
 problem. A minimum wage law ten years hence, when the 
 pressure of public opinion for it might be stronger, will not meet 
 the condition that exists today. At the present time there are 
 withm the borders of the State several tens of thousands of women 
 and children workers in a condition of partial starvation because 
 they haven't means enough to purchase the food necessary to sus- 
 tain their strength. Let him who can, sugg^t a better' method 
 than wage regulation of relieving this appalling situation. 
 
 Statement of Mary E. Gardner 
 
 As President of the Consumers' League of Buffalo for the past 
 twelve years I have had ample opportunity to know the conditions 
 
 Minimum Wage Symposium 
 
 701 
 
 which exist among wage earning women. In Buffalo the average 
 wage per week of the department store workers, not including 
 heads of departments, does not exceed $5.50, and that of factory 
 workers is about the same. Nine dollars has been estimated by 
 us to be a living wage in Buffalo. The deficit is paid either by 
 the workers themselves through lack of nourishment, insufficient 
 clothing, unsanitary and comfortless shelter and lack of recreation, 
 or it is made up by relatives or private or public philanthropy. 
 
 The testimony which has been given before you shows that many 
 thousands of the workers of New York State receive less than a 
 living wage. Society cannot afford the sacrifice of health which 
 results from the present industrial conditions among women 
 workers. 
 
 I trust your Commission will recommend to the Legislature 
 wage legislation which will be adequate to meet the needs of the 
 workers. A permanent wage commission would seem to be the 
 only adequate means of giving to the unprotected workers a living 
 wage. I believe that not only the direct results of such legislation 
 will be beneficial to society but that it will produce far reaching 
 indirect effects such as decreasing child labor, and by giving to the 
 workers sufficient wage to afford nutritious food and comfortable 
 shelter, the tendency to disease will be largely removed. 
 
 Statement of Florence Kelley and Josephine Goldmark, 
 FOR the National Consumers' League 
 
 In September, 1908, the International Conference of Consum- 
 ers' Leagues, held in Geneva, Switzerland, discussed at great 
 length Minimum Wage Legislation. Since that time the National 
 Consumers' League has made this legislation the first point in its 
 program. 
 
 Our effort has been further stimulated by the action of England, 
 where minimiun wage boards were established in four industries 
 in 1910 and extended in 1913 to four other larger and more im- 
 portant ones, the whole coal mining industry of England and Wales 
 having also been brought under this legislation. 
 
 In Victoria, Australia, special boards to fix minimum wages 
 have been established since 1896. The success of the boards is 
 
702 
 
 Appendix IH 
 
 Minimum Wage Symposium 
 
 703 
 
 'i;^ 
 
 I 
 
 1. 
 
 
 shown by their continuous increase — from five boards in 1896 to 
 143 boards in 1913, affecting the wages of more than 150,000 
 persons. 
 
 In this country, State commissions have determined minimum 
 wage rates in Or^on, Washington, Massachusetts and Minnesota, 
 and are preparing to do so in California, Colorado, Nebraska and 
 Wisconsin. Commissions of enquiry on the subject have reported 
 in Ohio, Indiana, Louisiana and Connecticut. 
 
 The movement for such legislation, therefore, is beyond the 
 stage of mere agitation or discussion. Its usefulness and practica- 
 bility is proven in various parts of the world. 
 
 We are in favor of the creation of a Minimum Wage Commis- 
 sion for the .State of New York modeled upon that of Massachu- 
 setts, except in the matter of enforcement, to which we recur 
 later on. 
 
 We believe that the participation and cooperation of em- 
 ployers, employees and the public affords the best hope of success 
 in solving the problems of each industry in which a large propor- 
 tion of workers are underpaid. 
 
 One principal consideration in favor of this legislation is the 
 cost to tl^e community which follows underpayment of wage 
 earners. It is a matter of common knowledge that wherever 
 industry fails to pay its bill, the community, however indirectly 
 and haltingly, sooner or later makes good the deficit Sani- 
 toriums for the tuberculous and the melancholy, hospitals for the 
 broken down, poorhouses for the aged, whose wages have permitted 
 no savings, must be supported by public funds. 
 
 Our conclusions are based upon a study of facts and statistics as 
 to the wages and cost of living of working women, gathered during 
 the past five years by federal, state and private investigations. 
 The careful intensive studies of your Commission seem to us to 
 confirm and amplify all previous information on these subjects 
 obtained in this country and abroad. 
 
 As to the evils of low wages we believe that they are three fold: 
 physical, moral and economic. 
 
 The dangers to the health of women from low wages are lack 
 of adequate nourishment and lack of medical care in sickness. 
 
 I 
 
 Investigation proves that with insufficient wages, food is neces- 
 sarily cut down below the level of subsistence. In order to meet 
 unavoidable expenses for lodging and clothing, working women 
 often reduce their diet to the lowest possible point and health in- 
 evitably suffers. Yet, paradoxically, the workers who receive the 
 lowest wages are able to spend least on health. Hence they are 
 often without care in sickness, although their need is greatest by 
 reason of low earnings and consequent hardship. Expenditures 
 for medical treatment increase as income increases. In general it 
 w true that the standard of living is fixed by the wages received. 
 With insufficient wages, expenditures for living must be curtailed 
 below the requirements of healthful existence. Overcrowding in 
 housing with the consequent loss of all privacy, the struggle to 
 obtain necessary clothing, and the lack of all legitimate recrea- 
 tion, have been found to result from under-payment. 
 
 We are convinced that while the under-payment of women and 
 the consequent struggle to live may not be the primary cause for 
 entering upon an immoral life, it is inevitably one of the most im- 
 portant contributing factors. When wages are too low to supply 
 nourishment and other human needs, temptation is more readily 
 yielded to. 
 
 On the economic side, investigation has proved that the wages 
 - of women are fixed at present only by supply and demand. Earn- 
 ings for the same work in a given industry vary from estab- 
 lishment to establishment. The wage is fixed neither by the value 
 of service rendered nor by what the industry can afford. By pro- 
 viding a method to establish a legal minimum wage, the State 
 tends to standardize rates for similar grades of work and to protect 
 women from the exploitation which has been found existing in 
 many occupations. 
 
 We believe further that the establishment of a l^al minimum 
 wage is an incentive toward correcting one of the greatest hard- 
 ships of industry, irregularity of employment, through improved 
 organization and better management of business. Obviously 
 regularity or irregularity of work determines the earnings of the 
 workers. Irregularity of employment may involve long periods 
 of enforced idleness owing to seasonal fluctuations with shut- 
 downs in dull seasons and slack trade, or it may mean shorter 
 
T04 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 705 
 
 I 
 
 i 
 1 1 
 
 [I 
 
 I 
 
 ii 
 
 :!i 
 
 i 
 
 periods of " time lost " for various causes. Loss of earnings from 
 seasonal irr^ularity has been found greatest among the lowest 
 paid workers. They are apt to be dismissed first in slack seasons, 
 or to be employed short time. It has been found that, in many 
 trades, during dull periods the weekly earnings of the lowest paid 
 workers fall below the nominal rate of wages by over 20 per cent. 
 Yet experience has shown the fallacy of the ordinary assumption 
 that high wages necessarily mean high cost of production. In 
 many instances it has been proved that high wages have accom- 
 panied low cost of production. This is because the payment of 
 higher wages stimulates the employer to reduce costs by improve- 
 ments in organization and new inventions, and also to develop and 
 to keep the most efficient workers. On the other hand the payment 
 of an adequate wage stimulates the workers to prove themselves 
 the most efficient. 
 
 We believe that the experience of those countries in which 
 minimum wage legislation has been longest in effect, proves the 
 following points : 
 
 1. That the operation of the legal minimum wage has not inter- 
 fered with the commercial development of the country in which 
 it has been established. On the contrary the number of factories 
 and workers and the other well-known indices of commercial pros- 
 perity have steadily mounted. 
 
 2. That the establishment of a legal minimum wage has re- 
 sulted in increased wages, especially to the worst paid workers. 
 
 3. That the fear lest the minimum might prove also the maxi- 
 mum wage has proved groundless. The usual variation in wages 
 appears to operate after a minimum has been set by law, below 
 which wages may not sink. 
 
 4. That the establishment of minimum wage boards has tended 
 towards creating industrial peace. Instead of resorting to strikes 
 and lockouts, employers and employees are brouglit into co- 
 operative relations. 
 
 6. That the establishment of a legal minimum wage not only 
 checks unscrupulous employers but makes it possible for en- 
 lightened employers to pay higher wages without fear of under- 
 bidding' competitors. 
 
 In view of the recognized evils of the present low wages paid 
 uiid the recognized benefits of the operation of wage boards, we 
 urge upon you the recommendation of a biU providing for a mini- 
 mum wage commission for working women in New York State. 
 
 In our opinion the commission should be composed of three per- 
 sons, one to represent employers, one to represent employees and 
 one a representative of the public. One member of the commission 
 should be a woman. As in the Workmen's Compensation Com- 
 mission, the Commissioner of Labor should be ex officio a member 
 of the wage commission, without vote. 
 
 The commission should be given power to appoint subordinate 
 advisory boards for single trades; and as in Massachusetts and 
 Minnesota, they should be compeiwated at the rame rate as jurers. 
 They should be composed of equal numbers of representatives of 
 employers and of employees and one or more representatives of 
 the people. 
 
 The basis of fixing a living wage in any trade should be the 
 necessary cost of living, to maintain the workers in health. In 
 fixing the time at which any given living wage shall go into effect, 
 the commission should be empowered to take into consideration 
 the financial condition of the industry and to distribute the ad- 
 vance m rates over a specific period of time, at the end of which 
 the living wage must be reached. 
 
 We are of the opinion that the minimum wage commission 
 should not, as in Massachusetts, be merely recommendatory, but 
 should have power to compel the observance of its orders. 
 
 Any worker who is paid less than the wage fixed by the com- 
 mission after receiving the recommendation of the wage board 
 should be entitled to recover the full amount due, as measured by 
 the order of the commission. 
 
 Any employer violating the provisions of the act should be held 
 guilty of misdemeanor. 
 
 Statement op Noeman Hapgood 
 New York, in some respects, has lagged behind the most pro- 
 gressive states. Those residents of the Empire State, who have a 
 feeling of citizenship and who like to be proud of their State, 
 Vol. 1—23 
 
roe 
 
 Appendix III 
 
 In. 
 
 ■1 
 
 il' 
 
 I 
 
 I 
 
 
 
 If' 
 
 wish to have her show as much public spirit and modern thought 
 as any other part of the country. The minimum wage, although a 
 comparatively new idea, has been sufficiently tested to have its 
 fitness proved. In Australia and New Zealand it began in 1896 
 in six trades and proved so satisfactory that the number has 
 increased to one hundred and thirty-one trades. In England, 
 it began in 1910, with four, and last year it was increased to 
 eight, several of them very large trades. In this country, four 
 states have commissions which are already making rates. Massa- 
 chusetts is doing so in the most careful and conservative way, 
 with prolonged and detailed study before imposing a scale on 
 any industry. Or^on, Minnesota and Washington also fixed a 
 scale, but are less interesting to us as they are more sparsely 
 settled and have fewer industries. In all these states women 
 only are affected, and as the need is more urgent in the case of 
 women, it might well be decided in New York to begin with 
 them. Besides those four, there are four other states in which 
 commissions exist, but have not yet used their power of establish- 
 ing rates ; namely, Colorado, California, Nebraska and Wisconsin. 
 Besides New York, Indiana and Michigan have commissions of 
 
 inquirv. 
 
 I think there is no doubt in the minds of the best students 
 that wages, under our complex modern life, must be treated as 
 having a social bearing, an influence on the whole community, 
 and therefore as coming within the proper scope of public regula- 
 tion. The effect of insufficient wages on the health and morals 
 of the employees is to demoralize them, lower the qualities of the 
 next generation and thereby affect the total strength of the nation 
 Everybody who is employable, up to a necessary standard of 
 efficiency, should receive a wage consistent with healthy living, 
 and everybody who is not up to that standard, or who cannot be 
 brought up to it, should be cared for in an entirely different 
 
 Minimum Wage Symposium 
 
 707 
 
 manner. 
 
 Statement of Charles R. Henderson 
 I can hardly do justice to the subject in a brief letter. 
 I assume that your Commission has studied the facts relating 
 to the need for a minimum wage law. These facts have been 
 
 summarized, as you know, very well in the little book of Mr. F. 
 H. Streightoff, The Standard of Living Among the Industrial 
 People of America, and in the numerous documents and books 
 cited by him. It seems to me that no one can study these facts 
 carefully without coming to the conclusion that a vast number of 
 our industrious wage earners are compelled to live below a decent 
 home standard. It is also perfectly obvious that at the same time 
 there is an enormous and unfair surplus of production which goes 
 to rent, interest, profits, payment for management, etc. J. A. 
 Hobson in his recent book on Work and Wealth has discussed tliis 
 point thoroughly. If this proposition is established, it is logical 
 to believe that a much greater measure of social direction and 
 control must be accepted. Recently one of our distinguished 
 railway presidents made this point very strongly in a discussion 
 of the situation of the railroads, but his argument would appeal 
 with even more force to many of the other monopolistic public 
 service industries. 
 
 So far as the theory of the minimum wage is concerned, that 
 is pretty well outlined in Professor Ryan's book The Minimum 
 Wage. 
 
 I am assuming also, that you are familiar with the experiments 
 already made in different countries. They are confessedly in the 
 stage of experiment and we must expect a great many failures or 
 disappointments — the honest price to be paid for progress. Cer- 
 tainly the present situation is intolerable. 
 
 It has been objected that there are many workers who cannot 
 earn the minimum wage and would, therefore, be thrown out of 
 employment. This objection is often urged even by managers of 
 industries which are deriving enormous profits from families who 
 are partly supported by charity. Such industries are properly 
 called parasites and in some cases their existence is a menace to 
 the public health and morals. An industry that must build up 
 a great part of its profits out of the public charity fund is pre- 
 sumably anti-social and not a contribution to economic wealth. It 
 is certainly an enemy to the higher interests of civilized beings. 
 But the objection has little weight since the ];K>ards which fix and 
 modify the minimum wage rate are quite competent to make the 
 necessary adjustments for the aged, the crippled and the young. 
 
708 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 709 
 
 (■ I 
 
 It has been said that we ought not to have minimum wage laws, 
 but should rather educate and train young people so that they can 
 earn higher wages. We all believe in vocati(mal training and 
 guidance in these days, and that conviction needs no argument 
 here, but it seems to some of us that the minimum wage boards 
 would bring the necessity for industrial training and guidance 
 sharply before the public opinion and cwnpel attention to it in 
 individual cases. At present we have no such direct and continu- 
 ous agency for discovering this need and providing for it 
 Furthermore, it is not clear that better training would in all 
 cases secure better wages. It is notorious that a vast number of 
 very well trained persons are miserably paid and are very insecure 
 in their tenure of employment It is not, as some represent, a 
 choice between vocational training and minimum wage boards 
 They are both essential elements in any reasonable system. 
 
 Statement of Frederic C. Howe 
 
 Society has no right to accept the services of any of its mem- 
 bers at less than a living wage. We have no right to enjoy 
 the fruits of others' labors if that necessitates a sacrifice of any- 
 thing that life should mean to the worker. I owe, we all owe an 
 unpaid debt to those who work for less than a decent standard, 
 and society should, by compulsory l^islation, protect the worker 
 from those who refuse to abide by such a standard of fitness. I 
 hold this to be as binding a moral obligation as any obligation 
 now sanctioned or enforced by law. 
 
 This is especially true of women and children. Society itself 
 has destroyed their former status, their former security. Em- 
 ployers are benefited by the residuum of unemployed labor, whose 
 wages are sacrificed, by those out of employment This estab- 
 lishes the wage and wages should not be fixed by the hunger of 
 those out of a job; they should be fixed by the contributions to 
 wealth which labor makes. This is the only ethical basis for 
 wage enumeration; it should be the legal standard as well. 
 
 As to the administrative side of this question, I cannot speak 
 with much definiteness. Clearly the wage scale ought not to be 
 
 fixed by law. It should be fixed by an administrative commis- 
 sion with power to investigate individual conditions, and es- 
 tablish the wage accordingly. The scale should be flexible, not 
 static; it should change with the cost of living, with changing 
 conditions. This I believe is the theory of the Washington 
 Statute. It is the theory on which, I understand, the industrial 
 commission is organized. 
 
 Criticisms of the minimum wage are based on the assumption 
 that the wage would be fixed by law. Many of these criticisms 
 vanish with the substitution of administrative rather than legis- 
 lative control. 
 
 I do not believe that minimum wage legislation will solve the 
 labor question. To me that is only a half-way measure. It is 
 only a partial recognization of justice. I believe that minimum 
 wage legislation would not be necessary in a society that col- 
 lected all its needs from its own treasure house; that is from the 
 land values which society itself creates. And were we to tax 
 all land into use, were we to put an end to the withholding of 
 resources from labor, then labor would be at an advantage in the 
 struggle, and would automatically receive the just return for its 
 services. Under land values taxation, the advantage which capi' 
 tal now enjoys in the struggle would be reversed, and labor 
 would be in a position to demand and receive what it produced. 
 
 Statement of John A. Kingsbury 
 I want to go on record as one strongly in favor of minimum 
 wage legislation. It has been in force in Washington, Oregon, 
 Minnesota and Massachusetts, long enough to show that the 
 machinery is workable in this country, though the Commissions 
 are too recent to have produced conspicuous results. The point 
 is that the method works. 
 
 We have, from year to year, steadily increasing numbers of de- 
 pendent persons in my department, not suddenly this year more 
 than last, but steadily increasing every year. 
 
 Much of this dependence is unquestionably due to underpay, 
 particularly of women and girls. The consequences of underpay 
 
()|:ii 
 
 710 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 711 
 
 iTt 
 
 are so obvious as hardly to need enmnerating, such as underfeed- 
 ing, comfortless, unwholesome dwelling accommodations, insuf- 
 ficient clothing. Pneumonia running into tuberculosis has been 
 a wholesale incident of winter and spring among wage earners 
 ever since Colonel Waring pointed it out years ago. 
 
 The burden of all the consequences of underpay finally gets 
 upon the city. We have the hospitals to maintain including the 
 tuberculosis sanatoria and clinics, and the wards for the insane 
 and the melancholy, besides all these patients in the general 
 wards, the primary cause of whose presence in the hospitals is 
 debility. No one disputes that poverty is a continuing predis- 
 posing cause of all this chronic and acute illness. What we need 
 to do is to try to stop all that part of it which is due to underpay. 
 
 The Children's Bureau of this department carries another 
 heavy burden which should be placed upon the parents. At the 
 present time we know in a general way that many of the parents 
 are themselves victims of underpay. A minimum wage commis- 
 sion should in a few years relieve the Bureau of a considerable 
 part of its work by leveling up the lowest grades of earnings. 
 
 The dependent prematurely aged now supported by the city 
 are certainly in some measure traceable to precarious underpaid 
 employment It behooves us to apply without delay a method 
 which other countries, and several of our own States, are already 
 finding useful for diminishing the extent of suffering of this 
 kind, and the financial burdens it entails upon public and private 
 charity. 
 
 Why should not our industries pay for themselves? Why 
 should they be allowed to go on longer creating these burdens? 
 What possible ground is there for New York State's lagging be- 
 hind Massachusetts? 
 
 You ask as to the difficulties of administration. They appear 
 to be in process of getting successfully overcome in the States 
 mentioned, which have permanent Commissions empowered to 
 investigate wages and to create wage boards within the different 
 industries. These wage boards are composed of representatives 
 of employers, employees and the general public. In this way the 
 people are assured of complete fairness, by utilizing the knowl- 
 
 edge and experience of all concerned to guide the Commission in 
 determining rates. 
 
 I hope the record of the Factory Investigating Commission's 
 accomplishments may be crowned by the creation, in 1915, of a 
 Minimum Wage Commission. New York City's Department of 
 Charities needs such reinforcement and relief. 
 
 Statement of Bruno Laskeb 
 
 1. Attitude of Trade Unions 
 
 The Trade Union movement in Great Britain is throughout 
 favorable to Minimum Wage Legislation. Some of the doubts 
 which existed prior to the enactment of the Trade Boards Act of 
 1909 have since been dispelled. The original promoters of 
 minimum wage l^slation, namely, the Anti-Sweating League, 
 have done and are doing everything in their power to organize 
 the workers in the respective industries and to see to it that they 
 are effectively represented on the wage boards. Most of the trades 
 80 far scheduled are trades in which there are a large number of 
 home workers, chiefly women, who previously to the formation 
 of the trade board have in most cases been unorganized. Owing 
 to the efforts of the Anti-Sweating League and the Women's 
 Labor League, sweated workers are now efficiently organized and 
 led for the purpose of the wage boards and, in some cases which 
 have come to my knowledge, at any rate, are as well represented 
 as the employers. It should be noted that the trade union move- 
 ment in Great Britain differs somewhat from the American, and 
 that the efforts of the national trade union organization are not 
 as much &r those of the American Federation of Labor directed in 
 the interests of the more skilled and better paid classes of 
 artisans. The British trade union movement has frequently 
 made great sacrifices on behalf of the unskilled and sweated 
 workers, and is looking upon legislative questions just as much 
 from their point of view as that of the most highly paid. 
 
712 
 
 Appendix III 
 
 2. The objection that the minimum wage will tend to become 
 a standard or maximum wage 
 
 It is too early as yet to judge the ultimate effects of minimum 
 wage legislation in Great Britain ; but so far there have been no 
 signs at all that the declaration of a minimum wage in a given 
 trade hinders the general upward tendency of wagea This may 
 possibly be due chiefly to the fact that British legislation has 
 been limited definitely to the case of the sweated worker and 
 that it has not, as has Australian legislation, affected the wages 
 of large numbers of men. Also the scheduling of new trades has 
 coincided with general good trade. In the scheduled trades, 
 wages during the last few years seem to have increased all around, 
 that is, not only in those branches to which the law applies. On 
 the whole, it may be said that the determination of minimum 
 wage acts very much in the same way as the declaration of a 
 standard rate of wages by a trade union ; both tend to become the 
 normal rather than the minimum. 
 
 3. Difficulties of enforcement 
 
 The number of caaes brought into court by the inspectors of 
 the Board of Trade haa not been larga It is probable that at 
 first there was a certain amount of evasion, but this cannot have 
 been large, owing to the vigilance of the whole trade union mov^ 
 ment The reason why the British legislation does not lead to 
 evasion is chiefly that the wage determined upon in each case is 
 not imposed upon the trade from without, but is the result of free 
 discussion between employers and employees. When, after weeks 
 of haggling between the two parties, a schedule of minimum 
 wages is at last fixed, it usually represents a compromise, and 
 loyal adherence to it is expected and given. I am informed by 
 men who are in close touch with the working of the act, that its 
 enforcement would probably become more difficult if it were 
 rapidly applied to a great number of trades representing a con- 
 siderable variety of conditions. Only four trades were scheduled 
 in the first instance, and four have been scheduled this year 
 (1914), the total number of workers affected being about 400,- 
 000. Many reformers believe that at the present rate of progress 
 it would take far too long to secure a living wage for the great 
 
 Minimum Wage Symposium 
 
 713 
 
 majority of sweated workers. But their demand for more rapid 
 progress is coupled with proposals for changes in the adminis- 
 trative machinery. At present, for instance, there is considerable 
 delay owing to the fact that the legal department of the Board of 
 Trade is separate from the Trade Board Department It would 
 take too long, with this system, to bring into court large numbers 
 of evasions. 
 
 4. Displacement of labor 
 
 As far as I have been able to find out, down to the outbreak 
 of the war, the state of employment in each of the scheduled trades 
 was higher than before the enactment and, as a matter of com- 
 mon knowledge, each of the industries was sharing the general 
 boom through which we have been passing. Employers' or- 
 ganizations appear to have used this law to strengthen their 
 organizations and to bring in large numbers of small employers 
 who were previously standing out These men, undercapitalized, 
 using inadequate and slip-shod methods of production, and under- 
 paying their workers, were often also undercutting prices; and 
 although unable to compete successfully with the larger and more 
 modem establishments in their branch of industry, they were a 
 constant source of irritation. It appears that the necessity of 
 having their interests represented on the Wage Board, has driven 
 these small employers in large numbers into their trade organiza- 
 tions; and in consequence, the trade papers, which one would 
 expect to be most hostile to the act, are as a matter of fact accept- 
 ing it with very good grace. The act itself provides for exemp- 
 tions in the case of slow and inefficient workers. If the schedul- 
 ing of the trades had coincided with a period of industrial de- 
 pression it is possible that one would have heard more of the loss 
 of employment on the part of the subnormal workers, but under 
 the circumstances the provisions in the law were quite sufficient 
 to prevent any considerable hardships from arising. It is im- 
 portant to note that none of the trades scheduled in 1909 are 
 protected against foreign competition. 
 
 5. Basis for calcidation of minimum wage 
 
 The act does not lay down any hard and fast rules concerning 
 the considerations upon which the determination of minimum 
 
714 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 716 
 
 ti 
 
 1 "Wt 
 
 if 
 
 
 wages should be based. It is interesting to observe that in spite 
 of this absence of a definite rule, the determinations of the Wage 
 Boards in practice approximate very nearly a standard which 
 scientific theorists regard as a bare " living " wage. Although 
 usually piece rates, they work out, under normal conditions and 
 with customary hours of work in the respective trades, as weekly 
 income sufficient in the case of adult women to maintain a bare 
 but independent existence; and sufiicient, in the case of adult men, 
 to maintain in a state of physical efficiency, though extremely 
 frugal comfort, a family of normal size. For juvenile workers 
 the minimum rates of wages are graded according to age. 
 
 Although obviously far from satisfying the demands of organ- 
 ized labor, the decisions of the Wage Boards so far published seem 
 to conform with the immediate demand of public opinion for the 
 abolition of " sweating." The rise of wages in each of the occupa- 
 tions concerned has been substantial, in some cases amounting to 
 thirty and fifty per cent, of the Wage previously paid, and in 
 others with a more or less agreed assumption of revision and addi- 
 tional rises in the near future. 
 
 The cost of living in each case has been taken into considera- 
 tion, but it has neither been worked out scientifically or been 
 accepted as the only factor upon which to rest the decision. 
 
 Statement of Owen R. Lovbjoy 
 
 I can state in few words my opinion about minimum wage 
 legislation. 
 
 1. (a) I believe in such legislation on the ground that it is the 
 duty of the State to use its power to protect the health and safety 
 of its citizens. A sub-normal wage is as direct a menace to both 
 health and safety as sub-normal sanitary standards. 
 
 (b) Not only the employee but the employer deserves protec- 
 tion against the short-sighted policy of low wages. The com- 
 petition of those who under-pay is a direct and subtle snare in 
 the way of the employer who believes in and seeks to practice 
 justice toward his employees. 
 
 (c) A minimum wage will directly tend to absorb in industry 
 
 that part of the army of unemployed who are able and efficient 
 because the inefficient will be discarded more readily when their 
 inability to earn the wages specified is demonstrated. Although 
 the State may fix a minimum wage, it obviously cannot force an 
 employer to engage the services of any given worker, therefore a 
 more discriminating policy will follow. 
 
 This consideration may appear as an objection to the minimum 
 wage because of philanthropic interest in those who are thrown 
 out of positions. The answer is that society has to bear the bur- 
 den of these anyway, and it may be well be borne direct as through 
 the devious channels that now undertake to care for the incom- 
 petent and unemployable. 
 
 2. As to the extent to which a minimum wage law should be 
 enacted. In my judgment, the first consideration should be given 
 to those industries in which the labor of women and children pre- 
 dominates, since they are the industries that end most directly to 
 faU below a reasonable wage standard. But it should also include 
 industries employing men where investigation proves that the 
 wage scale does not afford a reasonable standard of living. 
 
 3. I believe the law should provide for a minimum wage com- 
 mission representing employers, employes and the public, and 
 that this commission should have power to appoint minimum wage 
 boards for the different industries. I am opposed to any law 
 which would seek to fix a flat minimum wage. 
 
 Such a plan would be undemocratic and out of harmony with 
 our American ideas of self-government. Furthermore, it might 
 at times be oppressive either upon the employers or the employees 
 depending upon conditions in industry and upon actual cost of 
 living. 
 
 Neither do I believe a State official should be appointed with 
 power to fix a minimum wage. This would be conferring upon 
 a single individual more than his intelligence or character could 
 well bear, and wages would be arbitrarily fixed according to his 
 judgment or bias, and without due regard for all parties con- 
 cerned. The commission plan is, in my judgment, the only defen- 
 sible plan, and offers possibility of endless readjustments to fit 
 into the varying conditions among industries, and the constant 
 fluctuations in any given industry. 
 
716 
 
 Appettoix III 
 
 Minimum Wage Symposium 
 
 717 
 
 I 
 
 I 
 
 i; 
 
 Statement of Geobge R. Lunn 
 
 I will outline briefly scHne of the reasons why I think minimum 
 wage laws should be enacted in this State. I start with the 
 premise that the State in all legislation should have as its con- 
 trolling aim the welfare of the whole peopla I also hold that 
 laws are nothing more than standards for educating the people. 
 In the interest of the whole people no particular group should be 
 allowed to be exploited, but so long as exploitation is part of our 
 system, definite regulation is essential for the common good. 
 
 A minimum wage for men and women fixes a definite standard, 
 below which no greedy employer is allowed to go. Failure to 
 enact minimum wage legislation leaves the manufacturer and 
 other employers free to exploit the men and women to such a point 
 as to ultimately endanger the whole State. 
 
 The fact that minimum wage legislation has proved to be a 
 success in other countries is a strong reason why New York State 
 should follow in line with the trend toward advance legislation. 
 
 We would gain a great deal if we would continually realize that 
 wherever inadequate wages are paid, the State is the ultimate 
 loser. The persons underpaid must live or slowly starve. If they 
 dowly starve, that is, are continually physically unfit by reason of 
 low wages, they deteriorate absolutely and the State is losing in 
 the quality of its people to that extent. Some day we will realize 
 that the chief asset of the State is the quality of its people. The 
 suggestion I have here made will have more weight then than now. 
 If a person is determined to exist and not slowly starve, some one 
 else will have to supply the deficiency. In the case of girls in 
 department stores, for instance, the chance is that their parents 
 have to make up this difference, which is equivalent to the State 
 allowing the employer to exploit not only the girl, but the family 
 as well. 
 
 The two or three thoughts I have outlined suggest in brief the 
 justice of establishing a minimum wage. Industrial conditions 
 in our country are at the present time decidedly threatening. 
 Ameliorative laws must be passed as a mere matter of safety, if 
 nothing more. When the higher motive of justice dominates all 
 legislation, then will the common good of the whole people be 
 considered of paramount importance. 
 
 I trust the Commission will be able to make some definite 
 recommendations for remedial legislation of a fundamental 
 character. We are traveling very rapidly just now toward great 
 changes in our ideas regarding industrial affairs. What we need 
 just now is not momentum, but steering. 
 
 Statement of D. J. McMahon 
 Cause of Poverty 
 
 The causes which lead to poverty and keep so many in its 
 toils dependent for subsistence upon charity have for years been 
 classified under the two heads of " Misfortune " and " Miscon- 
 duct.'' Latterly, however, with deeper study of the items which 
 have been classed under " Misfortune " a third division has been 
 made of " Industrial Causes." Under this head comes unem- 
 ployment, inefficiency, and insufficient wage for labor. Under 
 this caption comes an immense army who have hitherto fallen 
 upon the efforts of charitable workers to keep. 
 
 The study, however, of these three sub-divisions shows that 
 their alleviation belongs to justice rather than charity. They 
 have so many phases that the solution and settlement in justice 
 must be left to the State. Being a question of justice and conse- 
 quently of dealings with others in so many fields of activity the 
 social worker must ask the State to act for settlement of the im- 
 proper adjustments that have resulted in so much distress. The 
 public is a third party interested in all these problems between 
 master and man and no longer can stand disinterested in these 
 problems of public welfara 
 
 The State has already done much in this line and the history 
 of this Factory Investigating Commission has shown how many 
 are the needs to bring about a true equilibrium. 
 
 As the years advance the study of many causes of dependency 
 has shown that the burdens placed upon charitable shoulders 
 should be transferred to commerce. The sickness and conse- 
 quent dependency which long hours and other such causes have 
 thrown upon charity have found in great part the rightful place 
 for adjustment 
 
718 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 719 
 
 il:l 
 
 Uii 
 
 /i'- 
 
 i< '. 
 
 A gratifying advance has been made towards the realization of 
 human standards in recent years and we are drawing away 
 gradually from forming that sodden mass of deep set poverty 
 existing, as has been pictured to us in parts of London and 
 toward which we were surely approaching owing to the want of 
 exercise in full justice. 
 
 The laws which related to child labor, safety and sanitation, 
 to shorter work hours for men and women, to remove the dan- 
 gers in the poisonous trades, and to the highly prized workmen's 
 compensation, have won plaudits from all classes and we trust 
 the day will not be long distant when that great prize of the 
 minimum wage shall be established and thus place upon the 
 shoulders of justice what charity has had so long to bear. 
 
 The other sub-divisions named, unemployment and inefficiency, 
 have had attention drawn to them and with time a proper solu- 
 tion will be obtained. A hard winter is drawn for the charity 
 societies this year owing to the war, but how much will it be re- 
 lieved if this measure of minimum wage becomes operative! 
 Not only for the present, but for long years to come will it be a 
 boon. 
 
 It has long been a crying evil that charity should have aided 
 the selfishness of the few who have prevented justice from its 
 rightful share, for, in depriving the workers of proper wage, the 
 difference was either kept in whole or part as profit or perhaps 
 the product was sold so cheaply that the public gained without 
 knowing the injustice inflicted. Your factory inspection com- 
 mission is entitled to the greatest sentiments of respect and re- 
 gard for the thirty-two splendid measures that have been so far 
 enacted for the benefit of the workers and must win the venera- 
 tion and greatest love when in this Empire State the minimum 
 wage shall be adopted through your endeavors and make so many 
 thousands free from charity or evil doing and raise their heads 
 because of the justice done them in making them feel that their 
 personal dignity has been recognized. 
 
 Many blessings have been established and many more are still 
 required that all should gain their living from the bounty of the 
 earth, and keep up their true place among men. But these and 
 
 the greater benefit of stability in their livelihoods await the pas- 
 sage of this minimum wage which will be a generous porter to 
 open all of them to a grateful people. 
 
 Extent 
 
 The extent of the evils to which the absence of the minimum 
 wage reaches is a wide area to be measured only by your efforts. 
 In its intensity there is a wholesale poverty, sickness, inefficiency, 
 despondency, crime open and private, degradation and constant 
 revolting against authority even to the growth of anarchy and re- 
 bellion. 
 
 It forms the soil from which Socialism in its wildest forms 
 will breed with the years until public safety shall be in the bal- 
 anca These effects will surely come if its extension be not 
 checked by proper authority. It is the result of unchecked 
 selfishness which looks only to the present profit 
 
 We know that wages vary with sex, age and location, but ac- 
 cording to Nearing — " Wages in the United States " — one-half 
 of our adult males are receiving less than $500 a year and that 
 60 per cent, of adult females are receiving less than $325 a year. 
 Your own investigations show how far from a suited wage is the 
 return to women and children for their labor. 
 
 The greatest field of unrighteous wage is in the retail trade 
 stores, be they of the larger or smaller type, in the work which is 
 done either in tenement house or in the sweat shop or in the fac- 
 tory or mill. There are numbers of places which minimize the 
 employment of men substituting boys and girls at less than liv- 
 ing wages. To the casual observer the evils do not appear be- 
 cause of youth, of irresponsibility on one side and the defenceless- 
 ness of the employees on the other. 
 
 It has been established that there is a lack of standards for the 
 regulation of wages and a consequent reduction for the profit of 
 the master without much regard to the fact that tuberculosis and 
 other diseases incident to the poorly nourished worker are rife 
 among these workers who are seeking help from hospitals, and 
 charitable care. 
 
 With the curtailing of work in the tenement a rich field of 
 sickness and starvation has been cut off. There was the under- 
 
720 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 7^1 
 
 ^T 
 
 paid worker engaged day and night in spinning out the thread of 
 life for a most miserable existence and to the unfailing detriment 
 ot the future generations coming therefrom. 
 
 These poor people because of their inability to unite on a 
 stable basis have borne this evil and would continue to eke out 
 Aeir i^oble existence did not our State step in to aid them. 
 The difference m language, race, religion, sex and age has ever 
 prevented them from joining and keeping together for their pr(H 
 tection and advancement All hail to your worthy Commission 
 fornot only uncovering but exposing this unholy evil We have 
 had ,t ever since Hood's "Song of the Shirt," and wiU continue 
 until with a.e love of justice and humanity yon wiU pass the 
 proper l^slation. 
 
 Not only from these thousands of workers wiU your praise be 
 somided, but the general public will be glad to cooperate in 
 bringing happiness to these exploited workers. It needs but the 
 explanation and those not interested in the profits wiU be glad to 
 see justice done. 
 
 Employers 
 
 Every step along the line of helping these workers whether in 
 the matter of hours, of sanitation, ha« been ever met by the de- 
 termined ^position of employers a.id for many year, have they 
 retarded Ae advances so far made. More bitterly intense i. 
 hkdy to be their resentment against this betterment measure 
 
 Jttany are opposed because they Ihink it will not be profitable to 
 tiiemselves. If, indeed, they have been making p«>fito out of the 
 
 InS r""^ ""* "' *' *«''• ""'^ "*»«» •>f ^^ ««"» women, 
 ^ould they not in all justice be stopped in such unrighteoui 
 
 Many will oppose such advance for even if the raise would 
 make more efficient workers or would increase the output they 
 win demur against the extra outlay necessary for this advanc; 
 
 ^en'tT . .r^ *""■ "'™^*"" " "^^^ '"'>— ''I <->dition. 
 Z\ W ^5 °'™'' """"^^ ^»^« to be at the head of lists of 
 
 charitable donors, to meet the consequences. 
 
 The minimum wage will mean a m>i^anization in the methods 
 of labor ,n these industries that will lead to the attainment of 
 
 greater efficiency and will effectually banish from tenement 
 homes the industries that now are stealthily active and put them 
 under the saving laws operative in store and factory. 
 
 The sentiment and wish of those who are profitably engaged in 
 the present " statu quo " must rightly submit to the popular senti- 
 ment There is a power higher than profits, there is a force 
 stronger than might in our land and that is Right The public 
 is interested and before it the opposing individual must succumb 
 and yield to the majority at least in action. 
 
 Public Sentiment 
 
 It has taken some time to awaken the public to the injustice 
 and inhumanity of the present conditions. The cry of the 
 Socialists has been loud in the land and the knowledge of the evil 
 has been well spread. It is not, however, enough to enlighten 
 the intellect; there must also be some additional power to move 
 the will to action and still more to concerted action. We may be 
 touched by the injuries that have been the consequence, but for 
 the steady persevering action to remove the evil more than mere 
 theoretic knowledge is demanded. The feelings must be moved 
 and we can see by general action that the righteous movement is 
 widely spread. 
 
 Through the constant cry of the Socialist, through the silent 
 wail of the underpaid, the sentiment has reached the public and to 
 win popular favor the satisfaction of this demand for a minimum 
 wage and other accompaniments of such legislation have been 
 made the banner cry of the new Progressive party, looking for- 
 ward for its own interests. 
 
 Since this law was passed in the English Parliament in 1910, 
 the agitation has been more active in our land so that three bills 
 have been introduced in Congress to make a federal law estab- 
 lishing the minimum wage at least for women. I do not know 
 how many States are studying the question through Commissions. 
 It is stated that seven States have passed the matter into some 
 sort of trial and that five at least have adopted the matter en- 
 tirely. 
 
 The subject of wages has been hitherto considered too sacred 
 to be touched by the legislator. The other accompaniments, such 
 
722 
 
 Appbitdiz III 
 
 Minimum Wage Symposium 
 
 723 
 
 h; 
 
 1^ 
 
 u\> 
 
 1 
 
 I; 
 
 ii 
 
 as the daily hours, the sanitary condition of shops appeared to be 
 within the province of their powers, but that sacred regard has 
 been cast aside when we have such States as Massachusetts and 
 California passing the law of adequate, compulsory and mini- 
 mum wage laws for men and women. 
 
 Our economic phase of life in early times was dominated much 
 by our political existence, and freedom in all* things was the 
 thought that ruled at the period when the Constitution was 
 adopted and this was almost coeval with the change to factory and 
 shop from the homes which brought about the development of the 
 present system of capital and labor. Our economic life in re- 
 lation to the State from the beginning was naturally in accord 
 with the prevailing view that individual and social welfare was 
 best protected by competition so that freedom should prevail 
 throughout 
 
 Competition under the " laissez f aire »' policy continued until 
 now and the State did not interfere except to prevent fraud and 
 theft. This system has been found wanting on many sides and 
 if left still unchecked by the legislature we know not how near 
 to slavery and inhumanity on one side or anarchy and revolution 
 on the other would be the result If all men were truly equal in 
 perfect mental and moral make up, the principle might indeed 
 prevail, but we have seen that the inhumanity of man to man 
 will show itself when the spirit of selfishness becomes dominant 
 
 If we have justly passed laws regulating the hours of work, 
 the safety and sanitation in work, in regard to monopoly, etc., 
 why should we hesitate to prevent by l^slation the hardships, 
 and injuries and degradation which are the consequences of the 
 improper wages? 
 
 Wages in the past have been regulated by authorities such as 
 the gilds or by the justices to whom such subjects were referred 
 by them. Why then should the legislature hesitate to reassume 
 this duty that belonged to it prior to the silent assumption of the 
 laissez faire policy without any right " The powers not granted 
 m the Constitution to the United States nor prohibited to the 
 States are reserved to the States." Surely the prevention of evils 
 presented by the improper wages and the advancement of the 
 public welfare of so many citizens demands such action. The 
 
 laissez faire policy in this connection has resulted disastrously' 
 and has no reason for further continuance. 
 
 No longer will labor be considered a commodity to be pur- 
 chased at the lowest price but that beside the commercial element 
 there is the personal element so well elaborated by Pope Leo 
 XIII that requires the minimum wage. 
 
 The sacred quality of man's personality since he comes from 
 the hand of God requires his right to subsistence. This right 
 goes further to a reasonable life for his dignity, personality, de- 
 mand that he shall live as a man and not as an animal. His 
 faculties must be developed and his human nature must have 
 play to advance according to ability. It is a natural right and 
 like all primitive rights comes with nature and does not prove its 
 existence, but shows its demands. 
 
 The right is not equal in extension in all for it is measured 
 by the individual powers and needs, though all be equal in per* 
 sonal dignity. The condition is attached ordinarily that these 
 rights shall have full play when the concomitant duty of labor is 
 properly fulfilled, for " in the sweat of thy face must thou eat 
 thy bread." This labor must then receive that compensation by 
 earliest right, which will give to man the chance of filling his 
 place among men in decent order. 
 
 This reasoning applies to women and children who are forced 
 to work without detriment to themselves. Since they live by 
 their labor it should ensure them a decent living. Children are 
 usually in their family and as such are considered in apportion- 
 ing their share of wages. There should be some standard es- 
 tablished for their proper wage. When they are engaged in 
 piece work it can be easily done, but when the work has not such 
 a definite result it should have nevertheless a fixed standard of a 
 just and equitable wage — never lower than the minimum wage. 
 
 Courts 
 
 The passage of such legislation is not only approved by public 
 opinion, but has the authority of many judicial opinions in its 
 favor. Some States have already passed it to the law books and 
 the court decisions in its favor can be found in many others. 
 
r^ 
 
 II 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 725 
 
 V 
 
 k 
 
 
 '•'I 
 
 f 
 
 
 Thus in the new State of Washington the statute reads: " The 
 welfare of the State of Washington demands that women and 
 minors be protected from conditions of labor which have a perni- 
 cious effect upon their health and morals. The State of Wash- 
 ington therefore exercising herein its poHoe power and aovereignly 
 declares that irujdequaie wages and unsanitary conditions b£ 
 labor exert such pernicious effect, etc., etc." Other States of 
 older ages could be quoted in similar strains. 
 
 From the action of the Supreme Court of Illinois in two dif- 
 ferent cases, we can see how the reading of the judges has varied. 
 In 1895 the judges forbade all judicial restrictions upon the 
 working hours of women and would not consider the sex in mat- 
 ter of working. On the same bench in 1909 the judges limited 
 women's working hours to ten in twenty-four and distinctly re- 
 garded the sex in work. This shows the general tendency to read 
 differently in the light of events the right of so-called free con- 
 tract and to recc^ize that the public welfare as a third party in 
 the contract is to be considered. Society is formed for the wel- 
 fare of its individual members and when these do not receive 
 proper treatment or just recognition, then will the past reading 
 of the law be changed into one more suitable to the present con- 
 ditions. In the past the law has enforced the sanctity of free 
 right of contract but a wider discretion is given by the l^sla- 
 tures than this strict interpretation. 
 
 The liberal interpretation is being gradually brought about not 
 by any constitutional principle, but by shifting the emphasis from 
 one element to another. Individual freedom of contract subject 
 to modification for the general good is now the reading of this 
 law. The courts used U> lay stress on the individual freedom of 
 contract part, now the stress is being laid more and more on the 
 public welfare part 
 
 This change is clearly seen in the two decisions mentioned 
 above where the question of contract and women's work is de- 
 cided in this different manner. The difference is very clear as 
 each is drawn out to the fullest. 
 
 The Supreme Court of Washington, D. C, in some instances 
 m the past five years has given its verdict according to this larger 
 view. In sustaining the ten-hour working day for women in 
 
 Oregon, it states, " In the early history of the law when employ- 
 ments were few and simple, the relative conditions of the citizen 
 and the State were different and many employments and uses 
 which were then considered inalienable rights have since from 
 the very necessity of changed conditions been subjected to legis- 
 lative control, restriction and restraint The changing condi- 
 tions of society have made an imperative call upon the State for 
 the exercise of these additional powers and the welfare of society 
 demands that the State should assume these powers, and it is the 
 duty of the court to sustain them whenever it is found that they 
 are based upon the idea of the promotion and protection of so- 
 ciety." 
 
 The New York legislature in accordance with the requests of 
 your Commission has passed into effect many laws looking to 
 the benefit of working people and should now cap the arch of 
 public welfare with this law of the minimum wage and thus 
 give to so many individuals the chance of decent life and build 
 up the welfare of these citizens. 
 
 Objections without doubt will be urged against such measure, 
 but in the light of the greater good and public welfare which ac- 
 cording to legal opinions must have first place, those whose profits 
 are affected may be put aside. 
 
 Wage Boards 
 
 The passage of the law establishing the minimum wage re- 
 quires the further measure of some board by which the law will 
 be carried into effect The working people who are to be chiefly 
 benefited by this wage cannot for a long period be brought into 
 unions to see to its proper enforcement. Hence some wage board 
 must be established. This, however, will not be so serious a 
 matter as our State Labor Department has had more difficult 
 propositions to handle during the past years. 
 
 Massachusetts gives us an example in this matter and from 
 Australia can we learn, for such a board has been for many years 
 in action there. This is a board composed of employers and 
 employees in a trade together with some disinterested people who 
 would represent the general public or some representative from 
 our Labor Department which has more experience in such matter. 
 
726 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 727 
 
 S' 
 
 ' 
 
 
 'J 
 
 as in ite Bureau of Arbitration, etc. No employer would be pre- 
 vented from paying more than the wages fixed by the Board but 
 could not pay less under penalty of the law. 
 
 The success in Australia shows its possibility for at the be- 
 ginning there were only six boards, but the number steadily in- 
 creased until it has reached forty and some of these have been 
 introduced by the action of the employers. 
 
 Something of the very same system has been established in 
 England to carry out the wage law passed in J a 10. There 
 however, ite greatest operations are among the home trades or 
 tenement house work where it is most needed. 
 
 There is in both places a Court of Appeals for the full work- 
 ing out of the system by which this board's decisions may be re- 
 vised under certain proper conditions. 
 
 This wage board could extend ite sway to all occupations even 
 m those that are banded into ti-ade unions. In Massachusette 
 these have taken the initiative in obtaining such a board. Where 
 there is no ti-ade union or banding together of the employees, 
 there will be some difficulty in tiie start. As in fixing the proper 
 rate the public must come in between die employer and the work- 
 man so in maintaining the law tiie public should have ite repre- 
 sentative. This, however, is obtained in placing a representa- 
 tive of the Labor Deparbnent as stated above who would thus be 
 qualified as a representative of the State and an expert of labor 
 matters. 
 
 The board would naturally take charge of fixing the status of 
 those who are inefficient from age or sickness and distributing 
 them among the employers in some equitable measure and per- 
 mit a wage proportionate to their handicap. 
 
 Finally, even if some of the workers should be thrown out of 
 work it will force us to meet this proposition of unemployment in 
 a more comprehensive way. We must come to it sooner or later 
 and the sooner the better, for at all times fully 12 to 15 per cent 
 of workers are unemployed from industrial or personal reasons. 
 Our public labor exchanges must be made efficient enough to ad- 
 just adequately the supply and demand in place and time, and to 
 establish colonies for those who can and those who cannot fit 
 themselves for proper places in the industrial world. 
 
 Joint Statement of Maud Nathan and Nelle Swabtz 
 
 The Consumers' League of the City of New York strongly 
 endorses the creation of a minimum wage commission. 
 
 Those of us who have been active in the work of relief societies 
 know that low wages is one of the economic causes of poverty. 
 From recent studies made by the Consumers' League, we know 
 that not only in New York City, but all over the State, the health 
 and efficiency of some of the working women and girls is being 
 undermined for lack of proper food, recreation and proper living 
 quarters. 
 
 We believe a Commission in New York State should be organ- 
 ized similar to the one in Massachusetts, with wage boards com- 
 posed of representatives of employers, employees and the public. 
 We consider that these wage boards should take up one industry at 
 a time, studying it intensively, and that a wage rate should be 
 decided for each particular industry. 
 
 We feel that a Commission organized in such a way is the only 
 fair method to determine wages : 
 
 First, because it will give to underpaid and unskilled women 
 and girls a voice in deciding what compensation they shall receive. 
 
 Second, because it will also bring about a better understanding 
 between the workers, the employers, and the community, each 
 factor realizing the difficulties which beset the others; all will 
 be correspondingly more tolerant. 
 
 Minimum wage legislation is no mere experiment. A perma- 
 nent Minimum Wage Commission has for eighteen years suc- 
 cessfully regulated the wage of depressed trades in Australia, 
 and in our own country four states have such Commissions at 
 work and wage rates established by them are now in force. In 
 Oregon the Supreme Court has upheld the minimum wage law as 
 constitutional. 
 
 Never was such legislation more needed than now. The war is 
 the excuse for more economy and retrenchment. This, sooner or 
 later, always means smaller wages for women and girls and for 
 unskilled, unorganized men. The only effective defense of this 
 lowered standard is a Minimum Wage Commission. 
 
 We, therefore, earnestly urge that the Factory Investigating 
 Commission, which has maintained such a splendid record in the 
 
^28 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 729 
 
 I'i 
 
 ••;|^ 
 
 I 
 
 1'^ 
 
 past, recommend to the Legislature of 1916 the creation of a 
 pennanent Minimum Wage Commission, thus placing New York 
 in line with other progressive States. 
 
 Statement of Habby Allen Ovebstreet 
 Minimum wage legislation differs nowise in principle from the 
 various types of legislation — factory acts, acts governing the 
 maximum hours of labor, acta regarding women and child labor — 
 that have in recent years become broadly recognized as economic- 
 ally, socially and morally justifiabla In all these cases the prin- 
 ciple involved is the right, nay the obUgation of society to set a 
 civilizatianrstandard below wbich economic processes must not 
 fall. When this type of l^slation was first broached early in the 
 nineteenth century, the panic cry was raised that economic enter- 
 prises could. not stand the strain; that if they were required to 
 furnish well ventilated factories, guarded machinery, shorter 
 hours for workers, etc., they would be compelled to go out of 
 business. In most cases the whole matter ended with the cry. In 
 many instances, dividends actually grew larger with the growing 
 efficiency of labor and the increased effectiveness of business 
 oi^anization. In the few cases however where enterprises did go 
 under by reason of the added requirements, it was easily recog- 
 nized that their elimination was for the public good. They were 
 parasitic enterprises living off the body of labor without giving 
 in return that which would enable labor to sustain itself at its 
 full power. 
 
 The vogue of such regulative legislation during the past cen- 
 tury indicates without any doubt that a profound conclusion has 
 been reached, namely, that economic processes, left to themselves, 
 are incapable of setting an adequate civilization-standard. Left 
 to themselves economic processes tend to depress standards. In 
 strict logic, this conclusion applies to all aspects of economic enter- 
 prise, not only to condttions of sanitation and hours of labor but 
 to the wage paid to workers. There is no more reason to believe 
 that economic enterprises left to themselves will set a wage stand- 
 ard that is adequate than that they will set a sanitary or a 
 
 leisure standard. If regulation in the latter respect is deemed 
 (as it now is) absolutely essential, regulation in the former respect 
 is equally necessary. 
 
 In strict principle, then, minimum wage legislation is wholly 
 of a piece with all that type of industrial l^islation which we 
 have come to regard as indispensable- in a well ordered state. It 
 differs, if at all, simply in the practical difficulties with which it 
 is confronted. These difficulties, however, at one time apparently 
 insuperable, have already in large measure been overcome. The 
 experience of Australasia and Great Britain already goes to show 
 that the two requisites of minimum wage legislation, (1) the de- 
 termination of the minimum living needs of (a) a single person, 
 and (b) of a family provider; and (2) the translation of these 
 into money income for various localities have already been met. 
 The machinery for accomplishing this is indeed complex but not 
 unwieldy, — a central trade board and local trade boards organized 
 on the principle that all parties to the issue — employer, em- 
 ployee, and consumer — shall be represented. 
 
 The first requisite of all minimum wage legislation is the 
 undeviating acceptance of the principle that such wage is to be 
 estimated on the bafiis of what is sufficient to maintain the worker 
 in healthy mental and physical life and not on what the trade 
 can bear. This is imperative. Otherwise we return to the old 
 process of letting the trade set the standard for civilization in- 
 stead of advancing to the new principle of having civilization set 
 the standard for the trade. 
 
 One of the difficulties which confronts minimum wage legis- 
 lation in the United States is the fact that such legislation must 
 be undertaken by the separate states. To be wholly successful 
 and wholly fair minimum wage legislation must be national, else 
 employers in a high grade state are subjected to the unfair 
 competition of men in a neighboring low grade state. This is a 
 difficulty however which has confronted us in all industrial re- 
 form — in child labor legislation particularly. It points to the 
 necessity for a radical reconstruction of our machinery for 
 national legislation in matters industrial. 
 
 One of the most perplexing of the problems that confronts 
 minimum wage legislation is the problem of the relative wage of 
 
i 
 
 t 
 
 I 
 1 
 
 1i 
 
 w 
 
 < J 
 
 730 
 
 Appendix III 
 
 men and women. Shall the wage of men and women working in 
 the same industry and under the same conditions be equal ? The 
 problem is one that is far from solution. But under our present 
 conditions (conditions that promise radical change however, par- 
 ticularly as to the economic position of the housewife) thij may 
 be said: men are normally the supporters of families while women 
 are not. Although there are exceptions to this — the bachelor and 
 the widow, the one receiving too much, the other far too little — 
 the rule must hold good for the determination of the minimum 
 wage. Men must normally be axxjorded a greater wage than 
 women. Nor is this solely for the protection of the men. As a 
 matter of fact, the economic effect of equal wage is on the one 
 hand to drive out women from an industry in favor of men, and 
 on the other hand, so to depress the wage that even women derive 
 small if any benefit 
 
 The minimum wage operates as the effective corrector of that 
 most distressing social blunder, the employment of girls who are 
 partially supported by their parents. Such employment works 
 serious disaster to the thousands of girls for whom there is no 
 such partial support and who by reason of the unfair competition 
 of their sisters are compelled to accept a less than living wage. 
 
 One of the greatest advantages of a minimum wage law, 
 finally, lies in the nature of the boards (central and local) neces^ 
 sary to carry out its provisions. These boards are properly com- 
 poeed of men and women representing all the interests at stake, 
 from that of the lowest paid employee to that of the most affluent 
 employer. The work of such boards entails coH)perative investi- 
 gation, discussion, and a constant give and take that are of finest 
 moment for a deeper and more sympathetic understanding of the 
 whole perplexing problem of business and industrial life. 
 
 Statement op Samuel Schulman 
 
 In reply to your letter of the 3d of October, asking me for my 
 
 opinion on minimum wage legislation, I beg to say that I am of 
 
 course, interested in increasing the wages of women and minors, 
 
 which as you say, have been found by the investigators of the 
 
 Minimum Wage Symposium 
 
 731 
 
 Commission to be " insufficient to enable the workers to maintain 
 themselves in health and decent comfort." I cannot send you a 
 dogmatic opinion on the subject of minimum wage legislation, 
 but I would suggest that this is a very many-sided question, and 
 in my opinion, the Commission, before making any recommenda- 
 tions, might consider the following points : 
 
 First— "Whether wages considered as insufficient are in any 
 way, to be discovered by the Commission, supplemented in the 
 home from any source. 
 
 Second.— V^hsit are the present minimum and maximum wages 
 
 for beginners and skilled labor. 
 
 Third.— What is the relation of profits in an industry to wages. 
 
 Fourth.— A comparative study of the conditions in other States, 
 insofar as there are plants or industries in other States, competing 
 with those in our State. 
 
 Fifth.— To what extent would such a law increasing wages 
 of women and minors tend to replace their labor by that of male 
 
 adults ? 
 
 Sixth.— As this question bears on morals and much has been 
 said of the actual supplement of wages by illicit gain, to what 
 extent, if any,' in this case? If this were unfortunately the 
 case, then economically, though in a morally and socially disas- 
 trous way, income is now supplemented. If now, referring to 
 No. 6, the law would tend to replace women by men, would it not 
 stimulate the marrying of men and women and thus increase pro- 
 vision for women by men in legal marriage status, or by brothers 
 
 or other kinsmen ? 
 
 Seventh.— What is the relation of women to men workers in 
 various industries where they either take the place of men or are 
 indispensable on their own account, because of their natural apti- 
 tude or because the industrial work of the worid must be carried 
 on by both men and women ? 
 
 Eighth.— What should be the relation of minimum to maximum 
 wage in an industry with respect to the influence of such a rela- 
 tion upon the maintenance and growth of efficiency ? 
 
 j^i^h.- In what industries, if any, in our State, does a corpo- 
 ration control the output, so that there is practically no competi- 
 tion ; and such industries would seem to be the most legitimate 
 filed for the application of the experiment of minimum wage ? 
 
732 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 733 
 
 I 
 
 V .' 
 
 I 
 
 1 
 
 I I 
 
 I 
 
 » 
 
 '" ■ i 
 
 TeniA.- To what extent are minor, full competitors with adults 
 
 eLSill "* "''^* "*'''* """^' "^•^••""'" ^-«« '-'^ *o t^- 
 If it shall be found, after a thorough investigation, that a mini- 
 mum wage law would not eventually hurt those whom it is in- 
 tended to benefit, I am unreservedly in favor of such minimum 
 
 l^wfl ^"r^ ' *"' ^ '^"^'^ '* ^ *« **"ty of t''* State to 
 protect the weak against the exploitation by the strong. But not 
 
 being an authority on economics, I cannot venture a dogmatic 
 
 Yankee fashion, by suggesting a number of questions. This per- 
 haps IS not so unreasonable as coming from a Rabbi whose bVsi- 
 ne^ It ,s, above all, to see that justice anS humanity are both 
 realized in our industrial life. J- " oom 
 
 Statement op John Spaboo 
 There can be very little doubt of the need of some method of 
 fixing and maintaining a minimum wage not only for women but 
 for all wage workers. There may be differences bf opinion con- 
 cerning Ae methods to be employed for this purpose, but no one 
 tiieTeeT"""" " '""^''^ "^ ' moment's consideration wiU dispute 
 
 Long and bitter experience has convinced the workers in every 
 industrial nation of the imperative necessity of establishinir by 
 some means, not only minimum standards of wages, but aC«id 
 particularly, maximum hours of labor. The two go together. 
 
 T^ il^'"* "1 "'"^ **^ **•" wage-earner there is verTlitUe 
 choice between underpayment and overwork. 
 
 fro^T f ^^'"* "^ ^'""' "^ "^'"'y •'' S^"^^'''' '^ distinguished 
 from that of the wage-earner, it is important that both the mini- 
 mum wage and the maximum working day be established. Exces- 
 sive hours of toil mean exhaustion and devitalisation of the 
 workers, their early breakdown, both physically and mordly, and, 
 as an inevitable result, their dependence upon charity. Low wageJ 
 IS assuredly one of the most important causes of poverty. I rX 
 now especially to low rates of wages, rather than to low eanUngs 
 
 as a result of sickness, irregularity of employment, and so on. 
 Of course, low wages in this sense is a very material factor in 
 the causation of poverty, but it is low rates of wages which is 
 most important. I think that Kowntree, in his study of poverty 
 in York, England, attributed 50 per cent, of the primary poverty 
 to that cause. My experience in both countries leads me to be- 
 lieve that low rates of wages are quite as effective here. 
 
 I hold then, that society, for its own protection, to minimize 
 the volume of poverty with its appalling consequences, should 
 establish both minimum wage standards and maximum hours of 
 
 employment 
 
 The need for such legislation has been felt in every industrial 
 nation, but nowhere is the need so great as here in the United 
 States. I take it that no one who has given the subject considera- 
 tion will for a moment dispute the proposition that our need of 
 these safeguards is greater than that of any other nation. That 
 is so on account of the tremendous stream of immigration which 
 normally flows into this country. We receive a great many im- 
 migrants from countries in a backward state of development. 
 What from an American standpoint would be a most dangerously 
 low rate of wages, involving dire poverty, will often appear to the 
 inexperienced immigrant from Europe to be a very high rate of 
 wages indeed. Upon that rate of wages he will establish a stand- 
 ard of living which quite satisfies him, and appears even luxuri- 
 ous, but which is far inferior to the accepted American standard, 
 and which, if long maintained, will seriously impair the welfare 
 of the immigrant's children. 
 
 While I do not want to lay particular stress upon it, I feel 
 that it is both pertinent and useful to direct attention to the bear- * 
 ing of this matter upon the remarkable decline in the birth-rate 
 of our native American stock. Professor Walker, a good many 
 years ago, and Mr. Hunter in more recent years, have argued 
 that the competition of the immigrant with lower standards of 
 living is primarily responsible for this. The argument is that the 
 native American parents refuse to bring as many children into 
 the world as they otherwise would. 
 
 Having said so much concerning the need of a minimum wage 
 standard, I turn now to the question concerning which there has 
 
734 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 735 
 
 ■\ 
 
 I 
 
 1 
 
 
 been so much controversy, namely, What is the best method of 
 establishing it? What I shall say under that head will apply 
 equally to the establishment of maximum hours of employment. 
 
 I am aware that the proposal which we Socialists make, to es- 
 tablish these standards by legislation, is regarded unfavorably by 
 many thoughtful persons, including, I am sorry to say, some Jf 
 the prominent leaders of organized labor in this country. I am 
 satisfied that in this they do not represent their constitutents; 
 that I could get a verdict against them, in favor of legislation to 
 establish minimum wage rates, from the rank and file of practi- 
 cally every union in this or any other great city. I speak from 
 an intimate knowledge extending over twenty years. Where as 
 in Ohio, in 1912, the rank and file of organized labor have had a 
 chance to vote on the subject they have supported the proposition, 
 ihose who oppose the proposition to establish minimum wage 
 laws, and laws limiting the hours of labor, object to the inter- 
 ference of the State in the relations of employers and their em- 
 ployees. They point to the fact that in England, centuries ago 
 wages were established by statute, or fixed by the magistrates,' 
 and that the workers were greatly oppressed in consequence. It 
 18 always dangerous, they say, to give into the hands of govern- 
 ment agencies jurisdiction over wages and hours of labor. 
 
 I think that those who thus appeal to past history overlook the 
 important fact that the workers now hold a very different relation 
 to the State. At that time they were without the political fran- 
 chise, they had no means of influencing either legislation or the 
 admimstration of laws directly. That power they now have. The 
 appeal should properly be made, it seems to me, to those countries 
 m which minimum rates of wages and maximum hours of em- 
 ployment are now fixed by law. And that appeal, unquestionably, 
 supports the demand for legislation. 
 
 It is argued that legislation is quite needless, that the results 
 can be more readily and more efficiently obtained by economic 
 action, by the unions themselves, without legislation. That, curi- 
 ously, 18 the stand of Haywood and the I. W. W., generally of the 
 anarchists and of conservative union leaders like Mr. Gompers 
 My reply to that contention is that nowhere in the world at any 
 tvme thvs far have the labor unions established minimum rates of 
 
 wages or maximum working hours for the laboring masses as a 
 whole. What is more, there is nothing to indicate that they are 
 likely to do so within any computable period of time. With all 
 respect, and some regret, I say that we are no nearer to that goal 
 toHiay than when the American Federation of Labor was first 
 organized, nearly thirty-five years ago. 
 
 It is quite true that for relatively small groups of workers, m 
 the best organized trades, the unions have forced the employers to 
 agree to minimum wage rates and maximum working days. But 
 there is not a union which has organized all the workers in that 
 trade so as to afford that protection to the entire body of workers 
 in the trade. At best they have protected part of the workers in 
 the industries which have been most easily organized. But when 
 we come to the great army of unskilled labor we find that the 
 measure of success in organizing them is pathetic in the extreme. 
 For the overwhehning mass of unskilled workers, there is no such 
 protection nor any effective union to secure and maintain it. And 
 it is precisely to this class of labor, where the need is greatest, 
 where the danger of low standards of living is most grave, that 
 our immigrants come in such large bodies. 
 
 It is one of the scandals of our time that these unskilled 
 workers have been so much neglected by the American Federation 
 
 of Labor. 
 
 Very little more success has attended the efforts of the unions 
 to protect the rates of wages and the hours of labor in those occu- 
 pations in which it is difficult to organize the workers owing to 
 fluctuations of emplo^Tnent, as in the seasonal trades, or to the 
 well understood and inevitable difficulty of organizing f«male 
 
 employees. 
 
 Until the unions have shown much greater efficiency in the 
 matter of establishing minimum wages without legislation, simply 
 by the exertion of their economic power, their claim can hardly be 
 seriously considered. It does not belong to practical discussion. 
 
 As against the universal failure of the labor unions to accom- 
 plish the desired result— and the failure is universal, not at all 
 limited to America — we have, fortunately, a very considerable 
 body of experience to which we can appeal in support of the de- 
 mand for legislative enactment 
 
736 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 737 
 
 i 
 
 In 1896 Victoria enacted a law providing that for certain trades 
 joint boards of employers and employees be formed with power 
 to ^ minimum wage rates, maximum working hours, and other 
 matters. The decisions of this joint body had the force of law. 
 Now, that experiment worked so well that in 1900 the system 
 was applied to the whole colony. In that same year it was adopted 
 by South Australia, and New Zealand, New South Wales and 
 West Australia followed suit. 
 
 What the workers in those countries think of it may be judged 
 by the experience of Victoria. In 1902, by an oversight, parlia- 
 ment dissolving without passing a continuing act, the Victoria 
 law was suspended. Immediately there was such an outcry that 
 the new parliament made it the first order of business to re^nact 
 the law. 
 
 The experience of these countries affords the best answers to 
 the various objections which are offered against minimum wage 
 
 The objection is often heard that if a minimum standard of 
 wages is fixed that standard soon becomes also the maximum. In 
 other words, that in actual practice a minimum wage becomes a 
 uniform wage. There is, I believe, an element of truth in this, 
 but It IS not altogether true. Wages are, on the whole, thus made 
 more uniform throughout the trade. There is a degree of " level- 
 ling ", but it is levelling up, not down. The superior worker does 
 not, m actual practice, get less, but the less efficient worker irets 
 more. 
 
 Obviously, whatever truth there is in the objection applies 
 equally to minimum wage rat^s fixed by the unions. It is not 
 an argument against fixing minimum rates by law, but against 
 fixing them by any method whatsoever. The unions cannot afford 
 to resort to that argument, since it cuts the ground from under 
 their feet. 
 
 So far as the experience of the Australasian colonies affords 
 any guide, it appears that the minimum wage fixed by law no more 
 becomes the maximum than the minimum wage generally recoff- 
 nized m any given locality does in this country. The average 
 wage IS invariably a good deal above the legal minimum 
 
 The objection is made that the establishment of a minimum 
 wage takes away the incentive of the worker to excel. This rests 
 upon the conviction that the minimum wage really becomes the 
 uniform wage, which experience disproves. The objection applies 
 equally to minimum wages fixed by trade agreements. Every 
 student of the labor movement knows that where there is no 
 minimum wage, and no maximum limit to the working day, the 
 employer often finds it to his interest to employ inferior workers, 
 " boozers," for instance, because they can be had for low wages 
 and can be induced to work long hours. On the other hand, 
 where a minimum wage prevails, the superior worker has the 
 great advantage of being more regularly employed. 
 
 To sum up: What we need is a minimum wage, established 
 by legislation, sufficiently generous to provide, not a mere " living 
 wage ", but a healthy standard of living, which includes all the 
 requirements for the efficient satisfaction of the physical, mental 
 and moral needs of a family. The law should apply to all wage- 
 earners and should be so devised that the minimum wage rates 
 can be easily advanced to keep pace with the increased cost of 
 living. 
 
 Statement of Walter E. Weyl 
 
 I do not imagine that you will wish me to give anything more 
 than my general opinion concerning the proposed Minimum Wage 
 legislation, in view of the fact that your Commission will be in 
 possession of a far wider and more accurate knowledge concern- 
 ing the whole subject than I could possibly possess. 
 
 I do believe entirely in the principle of the Minimum Wage 
 Law in so far as it affects parasitic trades, and especially in so 
 far as it affects women and minors in such trades. I am not so 
 confident of the advantage of passing minimum wage laws to 
 apply to trades in which the union is well organized, since in the 
 decades immediately before us I believe it would be far better to 
 attain a high standard of wages in such trades by means of trade 
 agreements between trade unions and employers or associations 
 of employers. Your Commission, however, as a result of your 
 searching investigations into various trades, is more cognizant 
 Vol. I — 24 
 
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 Appendix III 
 
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 than are the rest of us of the crying need of some statutory regu- 
 lation of wages in trades which are unprotected and in their 
 nature parasitic. Publicity, the play of public opinion, and the 
 growth of a moral sense on the part of employers and of the 
 general community will not improbably have some effect in bet- 
 tering these conditions, but in view of the highly competitive, 
 in fact, pathologically competitive conditions in the trades which 
 we term parasitic, it is often impossible for the well-intentioned 
 employer to live up, in the matter of wages and conditions gen- 
 erally, to the ideals which he, individually, may have. I, there- 
 fore, believe strongly that the time has arrived for a definite 
 statement on the part of a Commission like yours in favor of 
 minimum wage laws affecting such parasitic trades, and especially 
 the trades in which unorganized women and children constitute 
 the majority of the working force. 
 
 I recognize that this statement of mine is necessarily vague and 
 that there may be difficulties in translating such a general pre- 
 scription into a clear and quite unambiguous proposal. I have 
 felt, however, that what you desired was primarily my attitude 
 toward the principles involved. 
 
 Statement of Gaylord S. White 
 
 As a result of my experience as a resident for many years in 
 a tenement section of this city, I believe that the present condi- 
 tions in industry demand further legislative regulation in the 
 direction of establishing in certain industries, at least for women 
 and minors, a minimum wage.^ If I am correct in my estimate 
 of the situation a measure of this kind is needed both for the 
 protection of the individual workers and also for the protection 
 of society. It cannot be denied that wages insufficient for the 
 maintenance of even an approximately satisfactory standard of 
 living are received in the case of many thousands of workers. In 
 certain industries, as for example, those which depend largely 
 upon home work, women and children are receiving starvation 
 wages. Any settlement worker of experience can number among 
 his neighbors many persons who are forced to eke out an existence 
 on insufficient earnings. It is the human aspect of the problem 
 that is brought home most forcibly to us. 
 
 Minimum Wage Symposium 
 
 739 
 
 Where starvation wages are paid it is sometimes due to the 
 exploitation of the worker; sometimes to the inability of the 
 industry to survive if higher wages were paid. In the latter case 
 the industry ought not to survive ; in the former case, the question 
 of wages should be regulated by law. For this purpose the crea- 
 tion of minimum wage boards seems to me the most effective 
 method. I believe minimum wage legislation would have the 
 following effect: 
 
 1. In those industries in which it was established it would insure 
 a legal minimum which would bear an approximate relation to a 
 living wage. It might not always be sufficient to maintain an 
 adequate standard of living but would prevent the practically un- 
 limited under-cutting of wages which competition makes possible. 
 
 2. It would discourage the giving out of work to be performed 
 in the home. This is done, of course, because of the low labor 
 cost If these wages were set at a living level manufacturers 
 would find it necessary to organize their work on different lines 
 and to employ more efficient methods. It seems obvious that to a 
 large degree the employment of women and children in the home, 
 with all its attendant evils, would be very greatly reduced. 
 
 3. It is alleged by those who support the minimum wage that 
 it tends to bring about a better understanding between employer 
 and employee with the result of preventing labor disputes and 
 consequent strikes. Where, under legislative compulsion, the 
 manufacturer and the worker are brought together to discuss con- 
 ditions in the industry, the consumer also being represented, and 
 where effort is made to work out an equitable result in the matter 
 of wages it seems not unreasonable to suppose that a better under- 
 standing should result and an opportunity of greater co-operation 
 be developed. 
 
 4. I think further the effect of minimum wage boards would 
 be to develop a more direct interest in the human aspect of the 
 wage problem on the part of employers and, therefore, a greater 
 sense of responsibility. The discussion of the interests of indus- 
 tries from the point of view of the consumer as well as of the 
 employer and the worker would have a tendency to educate the 
 public in industrial questions. 
 
 5. Education for efficiency ought to be stimulated by minimum 
 wage legislation. Employers would naturally want the most effi- 
 
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 Appendix III 
 
 Minimum Wage Symposium 
 
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 cient workers if they were obliged to increaae their labor charges 
 and young people preparing for life would be impressed with the 
 necessity of acquiring thorough training. The movement for in- 
 dustrial education should be promoted. It is objected that mini- 
 mum wage laws will tend to level down to the minimum. Pro- 
 fessor Seager can see ^^ no a priori ground for such a view." He 
 points out that unrestricted competition now operates to lower 
 the wages of those of greater capacity and with a legally pre- 
 scribed minimum it will be impossible to force wages down to a 
 starvation level. He attaches more significance, however, to the 
 experiences of those countries in which the minimum wage syi^ 
 tem has already been tried out and which goes to show that this 
 alleged leveling down does not take place. 
 
 6. One of the most obvious objections to minimum wage legis- 
 lation is the fact that it will throw out of employment large num- 
 bers of persons who are now in part self-supporting. This objec- 
 tion, however, may be regarded as an advantage. Has any in- 
 dustry a right to thrive at the expense of its workers ? Will not 
 society be obliged to face squarely the question of the wisdom 
 of allowing an industry to flourish while it pays starvation wages, 
 which fact, translated into human terms, means that men and 
 women and children are underfed, insufficiently clothed, improp- 
 erly housed, denied opportunities of spiritual development and 
 destined to become dependent upon private or public charity, as 
 they fill our hospitals and asylums? If minimum wage legisla- 
 tion forces us to look such facts as these fairly in the face and 
 devise constructive measures of social insurance it will be well 
 worth while. Such questions can no longer be ignored. They 
 must be dealt with on broad and constructive lines. 
 
 With regard to the difficulties of the administration of minimum 
 wage laws, I cannot speak with confidence but I have an abiding 
 faith in the ability of human intelligence to work out methods for 
 the accomplishment of any measures that are for the good of all 
 people. The difficulties in places where minimum wage laws arvj 
 in operation do not seem to have proved insurmountable. While 
 minimum wage legislation appears to me to be obviously needed in 
 the case of women and minors, it seems to me that theoretically 
 the principle should be applied in any industry where wages con- 
 stantly tend to fall below a living level. 
 
 m. LAWYERS 
 
 Statement of Henry De Forest Baldwin 
 I have your letter of the 2d inst., asking me for my views on 
 the subject of minimum wage legislation. As I am ignorant of 
 the literature on the subject, I cannot believe that my views will 
 have any particular value. I am, however, very much interested 
 in any proposition of that kind, and look forward to the Commis- 
 gion's report with much interest. 
 
 As I understand it, the trades union fixes now the minimum 
 wage at which its own members are allowed to work. Undoubt- 
 edly, the trade union committee fixes the amount of the wage ac- 
 cording to its judgment as to what it thinks its members can get, 
 just as a man who has a commodity or a parcel of land to sell 
 asks what he thinks he can get. This is enforced by the union, if 
 necessary, by a strike. I take it that a strike ordinarily cannot 
 be very successful, unless the strikers are more or less free to 
 intimidate those who otherwise would undertake to accept the 
 employment, on terms which are not satisfactory to the union. 
 Thus, whenever a strike is declared, the public looks for violence 
 and disorder. This is not a satisfactory way of settling important 
 industrial disputes, and it can only be a question of time when 
 the State, in one form or another, will undertake to preserve the 
 peace by extending its authority to the questions which tend to 
 create disorder. I suppose the principal question is the question 
 of wages, which includes not only the amount of money paid the 
 laborer, but the number of hours of his employment, and the con- 
 ditions under which he is required to work, if he accepts the em- 
 ployment. 
 
 I suppose cutthroat competition can be as ruinous to wage earn- 
 ers as it is to railroads. And the competition of the incompetent, 
 and of those who are partially supported through other sources 
 than their labor, may bring down the prevailing rate of wages to 
 a point where the really competent workman cannot earn a decent 
 living, while if he were relieved from this unfair competition, the 
 wages of the competent would be advanced and the increased wage 
 fully earned. 
 
742 
 
 Appendix III 
 
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 The test of legislation of this character is whether it is so far 
 in harmony with economic laws that it can be applied without 
 injuring industry and driving it out of the State. We know that 
 unwise management of trade unions has had the effect of driving 
 industries to places outside their jurisdiction. It is unthinkable 
 that the Legislature should attempt to fix minimum wages by 
 statute. Any bad mistake in fixing the rate would tend to drive 
 industry out of the State, as similar attempts by Congress to regu- 
 late shipping has legislated the American flag off the ocean. The 
 delicate adjustments required would have to be made by commis- 
 sions. The fundamental question, then, becomes : Are we honest 
 enough to do this successfully by commissions? Our governors 
 have not yet succeeded in filling the commissions already provided 
 by law for regulating public service corporations with men who 
 have the confidence of the community. A political commission 
 would be practically without responsibility to anybody in par- 
 ticular. At present the committees of the trade unions are re- 
 sponsible to the people affected by their decisions, and it seems 
 to me that their action can be much more flexible than the action 
 of a political commission could possibly be. 
 
 It has occurred to me that it might be possible for the State 
 to take over from the trade union the task of fixing wages, in 
 co-operation with both the wage payers and the wage earners. 
 We might have a kind of compulsory arbitration, not an arbitra- 
 tion which would require a particular workman to work whether 
 he wanted to or not — that, of course, would be peonage — but an 
 arbitration, between representatives of employers and employees, 
 which would fix the rate of wages and the conditions of employ- 
 ment in a particular industry for a particular period. This might 
 be of advantage to the employers as well as to the employees, as it 
 ought to cut out the possibility of strikes during the period named 
 by the commission. This would be analogous to the fixing of 
 rates for the service of public service corporations. 
 
 If the State took over under its control the fixing of a mini- 
 mum wage in any particular industry, I suppose it would amount 
 to unionizing all labor in that industry. Its jurisdiction, however, 
 could not go beyond the State lines, while, as I understand it[ 
 the present trade unions are not confined to State lines; hence, in 
 
 Minimum Wage Symposium 
 
 743 
 
 some industries their competitors in other States would have an 
 advantage over them in case the regulation was detrimental to 
 the employers. 
 
 With respect to the industries that do not meet competition from 
 other States, it seems to me that regulations fixing minimum 
 wages would be in favor of the large operators, and would tend 
 to crush out small competitors. It may be that that would be a 
 good thing. It may be the direction in which economic forces are 
 working, and such legislation would merely help the process along 
 more rapidly than it otherwise would move. 
 
 This would seem to be a good time to take up the consideration 
 of a matter as important as this. We are less tied up now than 
 ever before to our traditional doctrines with respect to personal 
 liberty, State interference and liberty of contract. The idea that 
 an employer can conduct his business entirely as he likes is no 
 longer asserted. This is really a practical question. If our in- 
 dustrial organization in certain lines has developed far enough to 
 be dealt with beneficially by legislation, we are not going to be 
 deterred from attempting to deal with it by any theories of social- 
 ism or individualism. Still, we must always bear in mind that the 
 larger interests of the wage-earning population must be to en- 
 courage, not to trammel, industry — must be to remove privileges 
 from those who now have them, not to give new privileges to those 
 who have not yet succeeded in getting them. It would be very 
 unfortunate to have a minimum wage fixed so high that a man out 
 of employment would have to pay a commission to somebody to get 
 him a job. That has often been done in the case of public employ- 
 ment, where wages are fixed by law. 
 
 Statement of H. La Kue Beown 
 I have no doubt of the practicability and advisability of mini- 
 mum wage legislation in some form. I am not sure that our form 
 (in Massachusetts) is the most desirable. I believe however that 
 there is offered here an intelligent and conservative manner of 
 approaching a serious situation which has not yielded to other 
 modes of attack. We travelled slowly and cautiously in Massa- 
 
744 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 745 
 
 " 
 
 I 
 
 chnsetts but seemed to be getting definite resiilte of which the 
 most interesting was the fact that actual experience with the wage 
 board system seemed to make converts of many who at the outset 
 could see no good in it. Certainly such legislation is not a pan- 
 acea. On the other hand it destroys no '' palladia of our liberties." 
 Whatever else may result, the bringing together of employers and 
 work people to discuss their common problem with the attendant 
 gains in nmtual understanding and appreciation is a consequence 
 of significance and importance. 
 
 I feel some hesitancy in dealing with the matter further than 
 to express some general and individual opinions. As to them I 
 have no doubt. I believe thoroughly in the movement for such 
 legislation and I am inclined to think that, conceding certain 
 difficulties of detail, full acquaintance with it almost always robs 
 It of the terrors with which some vague association with '' social- 
 ism " and other bugaboos of the conservative cause it to be at- 
 tended in the minds of many. 
 
 Statement of W. Boubke Cockban 
 Pursuant to the request conveyed in your letter of December 
 Ist, and in fulfillment of the promise embodied in mine dated 
 December 3d, I have the honor herewith to submit for considera- 
 tion by the Xew York State Factory Investigating Commission 
 some views " on the advisability of enacting minimum wage legis- 
 lation/' and a few '' suggestions with reference to the wage prob- 
 lem particularly as it affects women and minors/' 
 
 The serious character of this wage problem your letter makes 
 very clear in these terms : 
 
 " Our investigations have shown that in many cases, wages, 
 particularly those paid to women and minors, are very low 
 and insufficient to enable the workers to maintain themselves 
 in health and decent comfort. The Commission is now con- 
 sidering the remedies that should be adopted t» meet this 
 condition." 
 
 That in a city claiming primacy among civilized communities 
 there can be foimd many persons neither vicious nor idle, but 
 
 among the most laborious of the population, who are unable even 
 by long hours of toil " to maintain themselves in health and de- 
 cent comfort ", amounts to a grave impeachment of the whole in- 
 dustrial system under which such a condition has proved to be not 
 merely possible but actual. Unless, therefore, the Commission 
 succeed in finding the remedies it is seeking, this civilization 
 built on free labor must stand discredited ; and all history shows 
 that a civilization which is discredited is in danger of dissolution. 
 It goes without saying that every one would like to see the 
 wages of these workers increased. The difficulty is to ascertain 
 how this can be done. Obviously, before the wages of any worker 
 can be increased, means to pay the increase must first be found. 
 Experience shows only too plainly that attempts to remedy by 
 legislation distressful conditions, not directly caused by govern- 
 ment, very often result in deepening the miseries these ill con- 
 sidered measures are intended to relieve. 
 
 A law fixing a minimum rate of wages, for instance, could 
 easily be placed on the statute book. But it by no means follows 
 that after its enactment every worker now grievously underpaid 
 would be found actually receiving a wage sufficient to support him 
 in " health and decent comfort." 
 
 The state might, indeed, prohibit by law employment of any one 
 within its jurisdiction at a rate of wages less than, say two dol- 
 lars a day. But if it should result that a laborer who now earns 
 one dollar every day could find employment only two days a 
 week; or that the industry from which he draws Ms present 
 scanty wages would be destroyed (when he must find himself de- 
 prived of all wages) his condition far from being improved would 
 be rendered still more wretched. 
 
 The first question to be considered then is whether the state has 
 power to increase wages by any exercise of its own functions ; or 
 through any act, performance of which it can enjoin upon persons 
 subject to its authority. 
 
 If such power exist, every one would welcome prompt and full 
 exercise of it. If it does not exist, attempts to assume it can only 
 result in aggravating conditions already deplorable. 
 
 In speaking of what the State can do and what lies beyond its 
 power to do, no reference is intended here to those constitutional 
 
1 
 
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 746 
 
 AppEin)ix III 
 
 Minimum Wage Symposium 
 
 747 
 
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 limitations peculiar to our own system of government The power 
 we are now discussing is the utmost power that can be exercised 
 by organized society under any form of government, even the 
 most absolute. 
 
 In considering the extent to which the state can control or de- 
 termine the rate of wages, it is absolutely necessary to begin by 
 determining just what we mean by wages. No subject is wrapped 
 in denser obscurity. The various definitions to be found in works 
 on political economy have apparently served but to increase the 
 confusion of thought they were formulated to dispel. 
 
 Without undertaking to reproduce or attempting to reconcile 
 these definitions -— above all, without venturing to increase the 
 number of them — the nature of wages can be made perfectly 
 clear by the simple process of examining in detail the actual 
 operations of industry familiar to every one in the production of 
 some one commodity; the chair, for example, on which the writer 
 is now sitting. 
 
 If a laborer engaged in making chairs produce ten chairs worth 
 ^ftj dollars every day, and his wages be five dollars a day, his 
 rate of compensation clearly is one-tenth of his own product — 
 one chair of every ten that he produces. He does not, of course, 
 take a chair away with him every evening, and undertake to 
 divide it among the butcher and baker and grocer and landlord. 
 To do that would be to destroy the value his labor had created in 
 putting together its component parts and combining them into a 
 chair. Instead, therefore, of taking for his wages a chair which 
 cannot be divided without destroying its value, he takes its equi- 
 valent in money, that is to say, he takes ^ye dollars which can be 
 divided among all the different persons to whom he is beholden 
 for the necessaries of life. 
 
 It would be grave error, however, to assume (as superficial 
 observers often do) that these nine chairs or forty-five dollars, 
 constituting the difference between the total product of this laborer 
 pnd the portion of it which he receives in compensation for his 
 toil, all go to the employer for his own profit. That difference is 
 a fund from which must be repaid every person who contributed in 
 any degree to production of these chairs. The woodman who cut 
 down the trees and fashioned them into logs; the carrier who 
 
 transported these logs to the saw-mill ; the sawyer who converted 
 them into lumber; all the different workers by whose labor the 
 various elements constituting the chairs were produced; the manu- 
 facturer who assembled these materials in the factory; the me- 
 chanic who put them together ; the dealer in whose establishment 
 the finished articles were offered to the public ; the salesman who 
 sold them; the truck driver who delivered them to the ultimate 
 purchasers; all these must be paid from some source or other. 
 There is no source from which they can be paid except the pro- 
 ceeds realized by sale of the chairs. 
 
 It is true that each of these contributors was paid for his con- 
 tribution at the time when it was made, and this, in each instance, 
 was before the chairs were sold. 
 
 This feature of production has proved the chief source of those 
 varied misapprehensions which becloud almost hopelessly the 
 whole problem of wages. 
 
 Because a laborer is usually paid in money before the commodity 
 produced by his labor has been sold and thus converted into money, 
 economists have jumped to the conclusion that he could not have 
 been paid directly from his own product. They have accordingly 
 assumed existence of a fund separate and apart from any created 
 by the laborer, usually called a " wage fund ", and from this they 
 picture the employer drawing money which he bestows or " ad- 
 vances " as wages. From this it follows naturally that the rate of 
 wages is held to depend upon the disposition of the employer. A 
 generous employer will draw freely from his "wage fund", — 
 that is to say, he will pay high wages; while a bad employer 
 will draw sparingly from it — that is to say, he will pay low 
 wages. 
 
 Under the influence of this idea the whole problem of increasing 
 wages is considered to turn on how far the generosity of an em- 
 ployer can be moved by appeals to his benevolence, or how much 
 can be extorted from him by threats addressed to his fears. 
 
 This whole conception might be dismissed as fantastic, were it 
 not that it has given rise to a multitude of extravagant proposals, 
 none of which could be adopted without prostrating all industry 
 and thus drying up the fountain of all wages. This mistaken 
 notion of wages will be dispelled and the sinister superstructure of 
 
748 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
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 14 
 
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 misconception resting on it overthrown, if we follow a little fur- 
 ther the manifest operations of industry. 
 
 While it is true that payment of a laborer's wages in money 
 precedes sale of his product, it is equally true that no laborer has 
 ever been paid anything until his labor had been actually per- 
 formed. In the whole range of industry no laborer has ever been 
 paid wages in advance on his mere promise or agreement to per- 
 form labor. Actual performance of labor is the inexorable condi- 
 tion precedent of all wages. 
 
 The laborer whose operations we have been considering was not 
 paid one penny in wages until by his labor in completing ten 
 chairs he had become entitled to one of them. Had he been paid 
 no wages in money at the end of the day he would have remained 
 the owner of one chair worth five dollars, while the employer 
 would have been the owner of nine chairs and of five dollars in 
 money. After payment of the laborer's wages the employer owned 
 ten chairs, and the laborer five dollars in money. Here the em- 
 ployer made no " advance " of capital from a " wage fund ", or 
 from any other fund except the fund that had been created by tlie 
 laborer himself. A change had simply been effected in the form 
 of some capital. Capital to the extent of five dollars in money was 
 exchanged by the employer for capital in the form of a chair 
 worth five dollars belonging to the laborer. Before the laborer 
 received any wages he had first produced the whole of his wages, 
 that is to say, he had produced the chair, the equivalent in prop- 
 erty of the money paid him in wages. 
 
 What is true of the laborer who fashioned the chairs is true of 
 all other laborers through whose co-operation he was able to pro- 
 duce them. The logs which formed their basic material were of 
 greater value than the trees from which the woodman had fashioned 
 them by his labor. That added value was property created by 
 him. To part of this property he became entitled in compensation 
 for his toil in producing the whole. And it was this property 
 already produced by himself which the woodman transferred to 
 the employer in exchange for the money constituting his wages. 
 This process was repeated at each stage of production. At its 
 final stage, the price paid by the manufacturer for the various 
 materials of his chairs included every dollar paid to all the workers 
 
 by whom they were produced, and this expenditure on his part is 
 repaid, when the chairs are finally sold. After deducting the 
 amount paid for materials from the proceeds of the chairs, the 
 remainder constitutes profit, and this will not average over ten 
 per cent, on the capital employed in producing them. 
 
 The conditions under which chairs are produced govern the 
 production of all other commodities. The wages of an agricultural 
 laborer must be drawn ultimately from the crop which he has 
 aided in planting, in reaping or in harvesting. Before the miller 
 can begin the manufacture of flour, he must first obtain the raw 
 material of his product, the cost of which includes every penny 
 that has been spent in sowing wheat, reaping it, harvesting it, and 
 bringing it to the market. And so the wages of a laborer engaged 
 in building a road must be drawn from the profits of the increased 
 trade which its construction has stimulated ; the wages of a laborer 
 employed on a railway must be drawn from the revenues earned 
 by the service of which he is a part. 
 
 All industry is in fact one vast scheme of industrial co-operation 
 in which many men, strangers to each other, are found contribut- 
 ing to the production of some commodity, or the prosecution of 
 some enterprise, though frequently unaware of their common ob- 
 ject — usually ignorant even of each other's existence ; and all the 
 fruits of this co-operation (aside from the portion of it assigned to 
 capital for profit) are distributed among the laborers who have 
 contributed to produce them. 
 
 It must at the same time be borne in mind that there is nothing 
 to distribute among laborers except the product to which they have 
 all contributed. 
 
 In the light of this inescapable fact, the difficulty of fixing a 
 minimum wage, or any other wage, becomes at once apparent. 
 
 If the State, believing one laborer to be inadequately paid, 
 should direct that his wages be increased, it would in effect be 
 assigning him a larger proportion than he now receives of a 
 product to which many other laborers must have contributed. But 
 in that event, these other laborers must be paid less than the pro- 
 portion they now receive. 
 
 If the laborer who finished the chairs be given more than one- 
 fifth of the product, the woodman who cut down the trees, or the 
 
• 
 
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 MimMUM Wage Symposium 
 
 751 
 
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 sawyer who converted the logs into lumber, or some other laborer 
 who contributed to its materials, must necessarily receive less, for 
 there is nothing but the proceeds of the chair to be distributed 
 amongst them. 
 
 Nobody, it can be assumed, would favor raising the wages of 
 any laborer, however poorly paid, by cutting down the wages of 
 another even though he be highly paid. 
 
 But it is insisted that wages should be increased by distributing 
 among laborers that proportion of the industrial product now 
 allotted to capital for profit. 
 
 The ethical merit of this proposal it is unnecessary to consider. 
 It will be sufficient to show that its adoption would cause not an 
 increase but a reduction in the rate of wages. 
 
 To deprive capital of profit, would, of course, end private own- 
 ership of it. No one would assume the burden of caring for 
 capital except for the interest or profit to be derived from employ- 
 ment of it. If private ownership of capital were abolished, the 
 State itself must assume the task now performed by owners of 
 capital. But with the State in control of all industry, the essen- 
 tial conditions of production would remain exactly what they 
 are now. 
 
 A chair, for instance, could not be produced under any system of 
 industry until necessary materials were first secured. Trees must 
 still be cut down in the forest exactly as at present; logs must be 
 sawn into lumber; all the component parts must be assembled in 
 one place, before they can be combined into a chair available for 
 use. And the cost of all these must still be drawn from the pro- 
 ceeds of the chair itself. There is no other source from whidi it 
 could be drawn. 
 
 The only difference between the new system and the one it has 
 displaced is that government employes would be found perform- 
 ing for salaries exactly the same task that individual owners of 
 capital are now performing for profit. But in the very nature of 
 things office holders drawn from all elements of the population 
 could not perform this service so efficiently as men specially 
 trained to it, who have spent their lives in performing it That is 
 to say, the same services rendered by office holders would cost 
 more, and therefore, from the proceeds of a chair manufactured 
 
 under these new conditions a larger proportion must be deducted 
 to cover the cost of directing the various stages of its production 
 than is deducted now for the profits of capital. Less, therefore, 
 of the proceeds would remain for distribution in wages among the 
 different laborers who had contributed to produce it. 
 
 And so with a great railway service. An attempt to distribute 
 all its earnings among the laborers by whom it is operated without 
 any deduction for interest on bonds or dividends on stock would 
 result not in raising wages, as a great many persons believe, but 
 in decreasing wages. 
 
 This also will be made clear by examination of the essential 
 conditions governing operation of a railway. 
 
 Whether a railway be operated by owners of private capital or 
 government employees, there is no source from which the coet of 
 its operation can be paid except its own earnings. Obviously, 
 the road must continue to earn revenues if it is to pay any wages 
 at all. To maintain it in operation worn out rails must be re- 
 newed, rolling stock must be acquired, new bridges must be con- 
 structed, old ones repaired, to say nothing of extensions or new 
 constructions. Under the existing system these requirements are 
 met by issues of stock or bonds, that is to say, the cost of them is 
 distributed over many years, usually over several generations. 
 But under a system which permitted no dividends to be paid on 
 stock or interest on bonds, the road could not obtain funds for any 
 purpose by pledging its credit. It would have no credit to pledge. 
 The whole cost of maintenance and construction must therefore be 
 defrayed from current revenues, and the amount which must be 
 deducted under these conditions from the earnings of each day 
 would vastly exceed the amount now deducted for interest on bonds 
 or dividends on capital. Much less of the earnings, therefore, 
 would be left for distribution in wages. 
 
 From all of which it is clear that the state is powerless to in- 
 crease wages. The laborer must produce his own wages, and aU 
 of his wages. His wages being part of his own product, the rate 
 of his wages must necessarily be determined by the value of his 
 product. In the very nature of things it can be determined by 
 nothing else. For if he be paid more than the value of his product 
 he is employed at a loss and an employer could not continue to 
 
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 employ laborers at a loss without first impairing his capital and 
 ultimately destroying it, when being bankrupt he could pay no 
 wages at all. 
 
 Nor can a laborer be paid less than the value of his product — 
 at least for any considerable period of time. 
 
 The only object which could govern an employer in paying a 
 laborer less than the value of his product would be to secure larger 
 profits on his own capital. But if by persuading or forcing his 
 laborers to accept disproportionate wages he succeeded in gaining 
 unusual profits, the moment this became apparent other capital 
 would enter that field of production to compete for a share of these 
 unusual profits. Capital competes against capital for profit even 
 more keenly than laborers compete against each other for em- 
 ployment Competition of capital against capital in any field of 
 industry must take the form of competing for the beet labor, and 
 this would inevitably force the rate of wages upward until such a 
 proportion of the product went to the laborers that the profits of 
 capital would be reduced if not extinguished. It would then be 
 driven to seek more satisfactory profits in some other field of 
 production. 
 
 There is but one way by which the wages of labor can be in- 
 creased, and that is by increasing the volume of production. 
 
 If the laborer whose operations we have been considering could 
 double the output of chairs, his wages might be doubled without 
 changing in the slightest degree his own proportion of the product 
 That proportion remaining one-tenth, his wages would be two 
 chairs instead of one, ten dollars instead of five each day. But 
 the employer could much better afford to pay ten dollars for a 
 product of twenty chairs, than five dollars for a product of ten 
 chairs. In the one case the surplus over and above the laborer's 
 share would be eighteen chairs and in the other nine. Neither the 
 laborer nor the employer would here be taking anything from the 
 other. They would be dividing an increase of production, accom- 
 plished through the joint efforts of both. And they would not be 
 the only beneficiaries of this increased production. The whole 
 community would be blessed by it. 
 
 Production of chairs cannot be increased without increasing 
 the materials of which they are composed, and these cannot be 
 
 increased without additional employment of 'labor. Increased 
 demand for labor anywhere operates to increase the rate of wages 
 everywhere, while at the same time a larger production of chairs 
 by increasing the supply necessarily operates to diminish the cost 
 of them to purchasers. 
 
 And so with all other commodities. Every increase in pro- 
 duction must be accomplished through increased employment of 
 labor. And this must involve not merely an increase in wages of 
 the laborer, but an increase in the purchasing power of the money 
 in which he is paid, through a general fall in the price of com- 
 modities. 
 
 Rising wages is in fact the essential condition of growing abund- 
 ance, that is to say of expanding prosperity. This being so, wages 
 cannot be too high. If the wages not merely of these workers 
 who are now grievously underpaid, but of all workers could be 
 doubled or quadrupled or multiplied fifty fold, it would not be 
 a source of injury to anyone, but of measureless benefit to every- 
 one, not merely in this country but throughout the whole world. 
 
 This explains (what is often considered a paradox of political 
 economy) why labor which is paid the highest wages is in fact 
 the cheapest, that is to say the most profitable to employ. Slave 
 labor which pays no wages whatever is now conceded to be the 
 least profitable of all. 
 
 The correctness of the position here assumed is confirmed by 
 the very exhaustive inquiry which followed the great railway 
 strike in England some three years ago. There it was found that 
 the wages paid by some roads were scandalously inadequate to 
 support life in comfort or even in decency. But these were roads 
 that paid either very small dividends or no dividends at all. On 
 the other hand, some roads were found to be paying fair wages. 
 Without exception they were roads which yielded substantial 
 dividends to stockholders. 
 
 Doubtless this Commission has found identical conditions here. 
 If, however, this aspect of the wage question has not been fvdly 
 examined, further inquiry, it is confidently believed, will show 
 that the industries which pay woefully inadequate wages are those 
 where profits are narrowest and most precarious, while industries 
 which aff'ord decent wages are those where profits are substantial 
 and permanent 
 
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 That wages caa be iiicreased only through increasing the volume 
 of production is the cornerstone of an industrial system built on 
 free labor. That system is far from perfect. Competition of 
 laborers for employment has often produced conditions worse 
 almost than those of servitude. Yet on the whole it is the best 
 that has ever been eetablished by civilized men. Under it progress, 
 though slow, has none the less been continuous. Its best feature 
 IS that while it has not increased splendor or magnificance among 
 rulers at the top, it has widely extended comfort and prosperity 
 among producers at the base of the social structure. A king or 
 a noble is a much less imposing, personage today than at the be- 
 ginning of the seventeenth century. But the condition of a work- 
 ing man has improved so decisively that when we contrast the 
 daily life of a laborer today with that of a worker even a hundred 
 years ago it is difficult to believe we are contemplating the same 
 order of created beings. 
 
 But notwithstanding the vast improvement of conditions among 
 workers during the last century, and even during the last genera- 
 tion, the fact remains that this Commission has found many per- 
 sons, law-abiding and laborious, unable by their utmost efforts 
 " to maintain themselves in decent comfort" 
 
 These conditions are ulcers on the body politic which not merely 
 impeach its soundness but threaten its existence. To remedy 
 them — and at once — is the pressing duty of humanity, and the 
 imperative task of patriotism. 
 
 Fortunately a remedy complete and effective is feasible. And 
 it is not far to seek. 
 
 The feature of social progress which in the last decade has been 
 at once the most conspicuous and the most auspicious is the 
 steadily growing disposition to place men who serve all their fel- 
 lows by laborious effort in the field of industry on the same level 
 as men who fight strenuously to injure some of their fellows on 
 the field of battle. The fighting man in all ages and all countries 
 has been the object of peculiar solicitude. When his capacity to 
 bear arms is ended through injuries received in service or advance 
 of years, he is pensioned from the public treasury. 
 
 The working man rendered unable by age or accident to pro- 
 vide for himself was left until quite recently to starve or seek 
 
 
 the shelter of some public asylum. A peculiarly barbarous system 
 of law left him without any right to compensation for injuries 
 sustained in the course of his employment, if they were caused 
 by the negligence of a fellow employee, which under modern in- 
 dustrial conditions included practically all injuries to which his 
 calling exposed him. 
 
 If a building were injured by lightning or riot, if a piece of 
 machinery became outworn or damaged, if a dumb brute went 
 lame or died, the employer was compelled to repair these losses 
 from his capital. By adding the cost of them to the price of his 
 commodity he reimbursed himself at the expense of the consumer. 
 But injuries sustained by a man, woman or child, laboring to en- 
 rich him, the employer could disregard absolutely. All this has 
 been changed. The barbarous rule of law which made a man, 
 woman or child, the only element contributing to production that 
 could be maimed or injured, or destroyed with impunity, has been 
 abolished. When it was solemnly adjudged a part of our organic 
 law by the highest force of the State, the Constitution itself was 
 amended in obedience to an imperious public opinion, and almost 
 by a unanimous vote. 
 
 In some countries of Europe (and they the most important in- 
 dustrially), the worker is now pensioned in his old age. And this 
 system of old age pensions will soon become a feature of the in- 
 dustrial system in every country. 
 
 It is along this direction that the Commission will find the 
 remedy it is seeking. 
 
 While the State cannot fix a wage — minimum, maximum, or 
 intermediate — that is to say, it cannot interfere with the distri- 
 bution of an industrial product for the purpose of assigning to 
 any one worker either more or less than the value of his contri- 
 bution to it — it can impose on the commimity — that is to say, 
 on the whole body of industry — the burden of removing con- 
 ditions which discredit and endanger it. 
 
 This would not involve any very wide departure from existing 
 conditions and customs. 
 
 It has long been an accepted duty of the State to provide food, 
 shelter, and clothing for such of its population as are incapable of 
 providing these necessaries for themselves. There is no reason 
 
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 why it should not extend this benevolence to those who by strenu- 
 ous labor succeed in providing support for themselves, to some 
 extent, but are jet unable " to maintain themselves in decent 
 comfort." 
 
 Whether such an extension of its benevolence by the State is 
 practicable depends of course upon the extent of the drain it 
 would impose upon the treasury. 
 
 It must never be forgotten that no funds can be paid out of the 
 treasury in benevolence until after they have been first put into the 
 treasury by taxation. 
 
 There is, however, no reason for apprehending that such a 
 system of relief would overburden the treasury. Nor judging 
 by all experience, would it result in encouraging idleness and 
 discouraging thrift. History does not record a single instance 
 where extension of benevolence by the State towards the helpless 
 of Its population has resulted otherwise than in benefit to the 
 entire community. Persons who fail to support themselves 
 through idleness, vice, or depravity have long been supported at 
 the public expense, yet the indigent who live upon public alms 
 have not been increasing but steadily decreasing in number. 
 Few will stoop to eat the bread of charity who can gain by any 
 exertion the bread of independence, however coarse and scanty 
 that bread may be. 
 
 The difficulty most likely to be experienced in making such a 
 system effective would not spring from attempts of great num- 
 bers to abuse it, but from reluctance of many for whose benefit 
 it would have been established to make public their necessities. 
 Pride has been known to withstand even the pangs of hunger; 
 and that, too, during the very trying winter through which we 
 are actually passing. 
 
 To establish such a system the State must begin by lixing a 
 standard of living and declaring it the lowest that will be per- 
 mitted within its borders. 
 
 To enforce this standard inspection by the State of all in- 
 dustry would be essential. This, however, would not involve 
 anything new in the theory or practice of government 
 
 Factories and other industrial establishments where many per- 
 sons labor are now inspected for many purposes. 
 
 There is no good reason why this system of inspection should 
 not be made general. Wherever any person is employed for 
 wages the State should charge itself with the duty of inspecting 
 the conditions of employment — not merely the sanitary condi- 
 tions under which the laborer works but all the conditions under 
 which he lives — and these conditions are necessarily determined 
 by the wages that he receives. 
 
 Should an industrial enterprise be found earning substantial 
 profits on capital while its laborers are paid wages insufficient to 
 support them in decency and reasonable comfort, mere publica- 
 tion of that abuse would almost inevitably end it In the first 
 place by making public the large profits earned through such 
 methods, competition of other capital for a share of these profits 
 would be almost certainly attracted, and this of itself would 
 operate to raise the rate of wages. In the second place no one, 
 whether managing his own affairs or those of a corporation, could 
 continue to exploit laborers in the light of full publicity. 
 
 Where, however, persons were found earning inadequate 
 wages because the industries in which they found employment 
 could not afford to pay living wages, they should not be pre- 
 vented from continuing to earn what they could, but these scanty 
 earnings should be supplemented by contributions from the pub- 
 lic treasury sufficient to meet the requirements of living, accord- 
 ing to the standard fixed by the State. 
 
 As on the battlefield when the tide runs adversely in one place, 
 assistance is summoned from other quarters where the tide is 
 running favorably, so on the field of industry when some workers 
 who though they labor valiantly are beset by disasters that 
 threaten to overpower them, assistance should be afforded by 
 those for whom the tide of fortune has been favorable and whose 
 conditions have become prosperous. And as on the battlefield, 
 warriors driven back by overwhelming odds after struggling 
 loyally to keep their places on the line, are never regarded in the 
 same light as deserters who shirk altogether the burden and heat 
 of the fray, so workers who after loyal labor fail to win decent 
 support for themselves and their dependents, should not be 
 treated like the idle and the vicious who wantonly refuse to bear 
 any part in the great industrial cooperation which we call civili- 
 zation. 
 
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 Workers whose toil is unfortunate should never be confounded 
 with shirkers whose idleness is deliberate. 
 
 Such a system as is here suggested could become eifective only 
 if its administration were placed in hands thoroughly sympa- 
 thetic. Workers who are victims of distressing circumstances, 
 but who prefer to conceal their distress and endure ii ratJier 
 than obtain reliet by acknowledging it, should be diligently 
 sought out and persuaded to accept assistance, because it is the 
 interest of the State that they live according to a standard which, 
 without that assistance, they cannot attain. This can be effected 
 only by making them feel that they are not regarded as mendi- 
 cants whose support is furnished by the community, because a 
 civilization calling itself Christian cannot afford to let them 
 starve, but as meritorious persons who have fallen temporarily 
 out of the industrial procession through no fault of their own, and 
 whose constant efforts to rejoin it the State is anxious to aid 
 not solely through sympathy for them, but in greater measure 
 through regard for its own welfare and safety. 
 
 Ample returns for every dollar of public treasure expended in 
 this direction will be found in improved conditions, moral and 
 material, which must sensibly lessen the total cost of govern- 
 ment; in prompter obedience to law yielded by more contented 
 workers, which must facilitate enormously the maintenance of 
 order ; in a higher average of health, which must insure the State 
 more vigorous women to bear the children who will be its citi- 
 zens — stronger men to cultivate its fields fruitfully in times of 
 peace, and guard them inviolate in times of war. 
 
 These conclusions may be summarized under three heads : 
 
 First. The State is powerless to fix a rate of wages, that is to 
 say, it cannot compel payment of wages to any worker at a rate 
 fixed arbitrarily by itself through its officers or departments; 
 and this not by reason of constitutional limitations which might 
 be removed or modified, but of inherent limitations which are 
 immovable and inescapable. 
 
 Second. The deplorable conditions found by the Commission 
 among certain workers cannot be permitted to conunue without 
 seriously injuring the prosperity of the community and gravely 
 imperiling the security of the whole body politic. 
 
 Minimum Wage Symposium 
 
 759 
 
 Third. These evils must be remedied not by attempts of the 
 State to interfere with industry, which can result only in con- 
 fusion and disaster, but by exercise of its eleemosynary powers 
 which can be invoked effectively to relieve the distressful conse- 
 quences of inadequate wages. 
 
 i 
 
 Statement of Julius Henry Cohen 
 The Commission will do well to study the report of the Wage 
 Scale Board in the Dress and Waist Industry, prepared by Mr. 
 N. I. Stone and about to be issued by the U. S. Department of 
 Labor (Bulletin No. 146-). For more than a year, at the joint 
 expense of the International Ladies' Garment Workers' Union 
 and the Dress and Waist Manufactures' Association, Mr. Stone 
 made a scientific study of the industry. The agreement between 
 the Association and the Union provided : 
 
 " The parties hereby establish a Wage Scale Board to consist 
 of eight members — four to be nominated by the Manufacturers 
 and four by the Union. Such Board shall standardize the prices 
 to be paid for piece and week work throughout the industry; it 
 shall preserve data and statistics with a view to establishing as 
 nearly practicably as possible, a scientific basis for the fixing of 
 piece and week work prices throughout the industry that will 
 insure a minimum wage, and at the same time permit reward 
 for increased efficiency. It shall have full power and authority 
 to appoint clerks or representatives, expert in the art of fixing 
 prices, and its procedure so far as practicable, shall be the same 
 as now followed by the Board of Grievances in the Cloak Industry. 
 It shall have full power and authority to settle all disputes over 
 prices, make special exemptions for week work where special 
 exigencies arise, or a special scale is required." 
 
 Mr. Stone demonstrates in his report that a " minimum wage " 
 that does not take care of the " learner " or " apprentice " is 
 utterly impracticable and cannot operate without injury to the 
 workers and employers alike. Immediately after the Protocol of 
 Peace was signed in January, 1913, hundreds of girls were dis- 
 charged, because they were not competent to earn the " minimum 
 
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 wage " agreed upon. An immediate agreement was required to 
 provide for compensation less than the minimum to such learners 
 and apprentices. Even now, the system is only empirical and 
 must be worked out in great detail, with due consideration for 
 all, and with a view to safeguarding it from abuse. 
 
 Mr. Stone recommends as the solution two things, a thorough- 
 going system of Industrial Education, and a thorough-going system 
 of Apprenticeship, including registration and joint control. 
 
 Obviously, if this be the result when workers and employers 
 are jointly co-operating to raise standards, how much more diffi- 
 cult will it be for the State to carry on such a work ? 
 
 I am of opinion that until we are better informed, and have 
 a system of industrial education equipping learners and helpers, 
 at the same time protecting them, a legislative program for stand- 
 ard minimum wages would be a mistake. The law could not be 
 enforced practically. Both the workers and employers would rebel 
 against it. I am a firm believer in minimum wage regulation 
 (primarily by the industry itself, through joint boards), but I 
 believe the first step is to gather sufficient data to work out a 
 sane system of apprenticeship and education in industry for girls 
 and women — safeguarding both workers and employers from 
 abuse of the system, and making the basis for an ultimate stand- 
 ardization of employment which will safely support a minimum 
 wage. 
 
 My experience convinces me that to legislate without recognition 
 of all the human factors involved in this problem is dangerous. 
 Our hearts are naturally moved by sympathy and a sense of fair 
 play for the women and children workers; but if we are to be 
 the physicians of the situation, we must prescribe a remedy whose 
 after-effects will not bring on a worse ailment 
 
 Statement of Manfeed W. Ehbich 
 
 My reason for favoring such legislation is that I believe tha* 
 the labor of a normal adult woman must have a value to the 
 community at least equal to the cost of properly supporting such 
 woman. It is not possible to determine the actual productive value 
 
 Minimum Wage Symposium 
 
 761 
 
 of the labor involved in any one of the very specialized opera- 
 tions into which modem industry is divided, but the labor of an 
 adult worker, engaged in the performance of any of these 
 operations ought to be worth at least the support of the operator. 
 My basis for this assertion is that the cost to the community of 
 any labor demanding the full day's work of a normal adult is at 
 least the cost of supporting the worker. Unless there is waste, by 
 reason of misdirected energy, over-production, or ineffecient mana- 
 gement, the value of the labor should be at least equal to such cost. 
 
 It may be argued that the value of labor is determined by the 
 selling price of the finished article. This cannot be so, for the 
 selling price of the finished article is itself largely determined 
 by the labor cost It may be argued that the value of labor is 
 determined by the law of supply and demand. The law of supply 
 and demand fixes the price of labor, not its value, and it fixes this 
 price at the wage at which a substitute may be hired. The ever 
 present unemployed tend to keep the wage of the unskilled 
 laborer close to the starvation point, and the competition of 
 women, not wholly dependent upon their earnings, frequently 
 drives women's wages below the cost of even a bare existence. The 
 injury resulting, not only to the individual, but to the community, 
 is apparent. As an honest day's work of a normal woman is pre- 
 sumably worth a living wage — that is a wage sufficient to sustain 
 the worker and fairly keep her in health — and as the present 
 system tends to drive wages down to, and even below, the starva- 
 tion point, some artificial method of keeping wages at least at 
 the living point, must be sought. There is nothing revolutionary 
 about the arbitrary enforcement of a minimum wage, for the 
 State, by enforcing the payment of a minimum wage, merely does 
 for unorganized unskilled labor, what organized labor has done, 
 and what unorganized unskilled labor cannot do for itself. 
 
 A minimum wage statute should, I think, provide for the deter- 
 mination of the minimum wage, by a commission, and the statutes 
 of Oregon, Washington, California and Minnesota form admirable 
 guides for New York to follow. 
 
 The question of extending minimum wage legislation to men is 
 one of much difficulty. Men in the unskilled trades are no doubt 
 often underpaid, but the difficulty is not so much that they are 
 
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 Minimum Wage Symposium 
 
 unable to obtain an individual living wage, as that their failure 
 to obtain a family living wage, forces their wives and young chil- 
 dren into the stores and workshops. The enforcement of a family 
 living wage raises difficulties not involved in the enforcement of 
 an individual living wage, and the extension of minimum wage 
 legislation to male employees raises a constitutional question quite 
 different from that involved in the decision of the Supreme Court 
 of Oregon in Stettler v. O'Hara. 
 
 I think that minimum wage legislation should, for the present, 
 be confined to the enforcement of a living wage for women and a 
 suitable wage, for minors. 
 
 Statement of Raymond B. Fosdick 
 
 Theoretically, I believe in minimum wage legislation, or, rather, 
 I believe in the necessity for such legislation. I do not see how 
 we can arrive at a satisfactory situation in this respect except by 
 legislation. The argument that such matters concern private en- 
 terprise and, therefore, should be left to private conscience I have 
 no sympathy with. The time is past when we can afford to take 
 any such position. The question of wages has become a matter 
 of public conscience, to be determined, at least as far as its 
 minimums are concerned, by the public will. 
 
 Statement of John D. Kjjenan 
 
 Everyone sympathizes with a worker's desire and abstract right 
 to have a living wage, and I understand that your Comn^ission is 
 seeking to accomplish this, so far as possible, by legislation. One 
 of the difficulties with such legislation is that if it disturbs eco- 
 nomic laws, such as supply and demand, competition, etc., it is 
 apt to kill the goose that lays the golden egg, or, to exclude capital 
 from activity and, perhaps, drive it elsewhere out of the State. I 
 know of several idle plants employing many men, where suspen- 
 sion of operation was principally caused by the union attitude 
 of labor, not only as to wages, but as to the rules making for 
 
 763 
 
 efficiency. This illustrates what unwise legislation as to minimum 
 wages might do. It might also tend to increase the tendency 
 towards spasmodic work, at high rates, rather than steady work 
 at a moderate wage, which would seem to be better for labor. 
 There is too much of this evil already. Wages of masons and 
 carpenters, for instance, have been pushed up hereabouts until it 
 looks as though the large majority of them are idle much of the 
 time. Their appearance indicates a want of the prosperity that 
 used to prevail among that class with more steady work at much 
 lower wages, or than can be found in the country to-day, among 
 masons and carpenters who work for from $2.25 to $3.50 for ten 
 hours, and who supplement their earnings with their own eggs, 
 milk. Butter, vegetables and pork. As a rule, they own comfortable 
 homes with some land about, upon which lack of building employ- 
 ment enables them to live comfortably on the products of the 
 land. It seems strange that no labor union has taken hold of this 
 idea, but has simply sought to benefit its members by urging 
 higher wages and shorter hours. Practical economic use of the 
 time saved by shorter hours upon a bit of land, does not seem 
 to suggest to labor unions any side line of benefit whatever to 
 their members. Living in small flats in crowded sections cuts 
 labor off entirely from any opportunity to use any of the time out- 
 side of working hours, profitably. 
 
 A man who has worked for me for many years, by spending an 
 hour after supper on his garden patch about 100 feet square, 
 raises every vegetable in plenty for his family's summer and 
 winter use, and also from that source, and from garbage waste, 
 practically, can raise a couple of pigs. Now, instead of constantly 
 seeking the doubtful aid of more legislation, cannot labor benefit 
 itself more effectually through land or leasing ownership and cul- 
 tivation ? At least, is not the the idea suggested worthy of earnest 
 consideration and discussion on the part of labor unions ? 
 
 The Italians, and other foreigners in and about Utica, are about 
 the only people that raise their own vegetables, and many of 
 them can be found with large families, working at the lowest 
 wages, who are prosperous and comfortable. For years they have 
 been the principal buyers of vacant suburban lots, and in slack 
 times their little gardens carry them through. 
 
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 Appendix III 
 
 Another difficulty to be remembered in considering the ques- 
 tion of legislation, is in drawing the line fairly between necessaries 
 and luxuries. Is not the definition being constantly dangerously 
 extended so as to include more and more of luxuries ? Such, for 
 instance, as car-fares for moderate distances, money for amuse- 
 ments, buying everything for personal and home use, etc. Do we 
 not, all of us, buy bread, nowadays, instead of making it, wholly 
 regardless of the economic factor involved? 
 
 Again, will not minimum wage legislation drive out of employ- 
 ment a large class of those incapacitated in one way or another 
 from doing a full day's work ? They tell me there are many such 
 employed at much less than going wages, largely as a matter of 
 consideration for past service, or for other personal reasons. Would 
 it not be a great pity to prevent such employment by any such 
 proposed legislation? 
 
 While I have always doubted, for economic reasons, whether 
 very much can be accomplished by legislation, toward securing for 
 workers a socalled living wage, I am earnestly in favor of doing 
 everything possible to bring about that result in every practical 
 way. 
 
 Statement of Jabvis W. Mason 
 
 As my experience has been that of a professional man rather 
 than that of an employer of labor, I doubt very much whether 
 my opinion would be of any value, and I certainly could not, 
 from my experience, categorically answer the questions enumer- 
 ated. Speaking generally, however, on the subject of wages and 
 especially minimum wages, I am of the opinion that there should 
 bo a minimum wage, provided some method can be formulated for 
 ascertaining the cost of living, and that that minimum wage should 
 be automatically fixed and should rise and fall with the average 
 cost of living. That for a man, and I may say for a woman, over 
 twenty-five, it should be sufficiently high to enable him to live 
 thereon personally and to support a family and furnish them with 
 the necessities of life and something more. For boys under 
 twenty and for women under twenty-five, perhaps such minimum 
 wage should be fixed at a sum necessary to provide the workman 
 
 
 Minimum Wage Symposium 
 
 765 
 
 individually with the necessities of life and something more. I 
 fear this would result in throwing the sub-normal out of employ- 
 ment ; but one reason why the normal wage is low is that the sub- 
 normal competes unfairly, and this is an economic condition 
 which cannot be avoided, if there is no restriction on the contract 
 of employment. Under such circumstances I believe it would be 
 necessary to take care of the sub-normal institutionally under con- 
 ditions where what ability each one has can be made effective, to 
 the end that the support of the sub-normal need not be a burden 
 on the normal. 
 
 There is another question entering into the minimum wage sub- 
 ject, and that is how far the enforcement of the minimum wage 
 law would prevent New York manufacturers and business men 
 from competing with those in other states and foreign countries. 
 My experience has not fitted me to answer this question satis- 
 factorily, but I am of the opinion that the exclusion of the sub- 
 normal from ordinary employment would so far increase the 
 product that the expense to the manufacturers and business men 
 would not be increased. 
 
 Statement of Charles F. Mathewson 
 Not being an employer of labor or engaged in business requir- 
 ing operatives, I am not sure that my views are of value. In- 
 deed, I confess that in some lines they are hardly crystallized 
 and that on many phases I never had occasion to give the subject 
 
 deep thought. 
 
 I think a minimum wage will tend also to become a maximum 
 wage. It will affect adv.ersely the more competent workers. It 
 will also cut off from employment those who are not capable of 
 fairly earning the minimum wage, thus tending to decrease the 
 number of employees and leave idle the less competent. I am not 
 sure that this will be* a good thing; I am inclined to think rather 
 that it is a good thing to allow a person of small capacity to earn 
 what he can without forbidding him employment by establishing 
 a minimum wage which he cannot earn. 
 
 ^Moreover, especially in men's employments, organization of 
 workers is accomplishing everything that is desired in the ad- 
 
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 766 
 
 Appendix III 
 
 yancement of wages. Indeed, they have succeeded in so advanc- 
 ing wages that in many industries a man can make very much 
 more than the average clergyman or educated school teacher can 
 make, after his years of preparation. 
 
 The only possible argument that I can see for a minimum wage 
 is in the case of women and minors, particularly minors ; and I 
 am inclined to think that the education and power of public senti- 
 ment will do more in this direction than any other force. Artifi- 
 cial fixing of rates of compensation or profit in industrial enter- 
 prises is a very dangerous practice. 
 
 Statement of Victob Morawetz 
 
 UndQubtedly, some workers are not paid adequately in relation 
 to others and it would be desirable to give all workers a better 
 return for their labor if it were practicable to give it to them. 
 However, all the workers cannot receive more than the aggregate 
 amount they produce, and to increase the wages of some of them 
 by establishing a minimum wage would increase the aggregate 
 production little, if at all. Its effect, therefore, would be merely 
 to change the existing division of what is product. 
 
 So far as a minimum wage would increase costs of pro- 
 duction and prices, the burden of the minimum wage would 
 fall upon the consumers of the articles affected, including all 
 workers in the community. But if the increased cost of pro- 
 duction should prevent New York industries from competing suc- 
 cessfully with industries not subject to tJie minimum wage require- 
 ment, it would diminish production in New York and take away 
 employment not only from those whose wages it is desired to raise 
 but also from all other workers in the same business. Further- 
 more, it should not be forgotten that under a minimum wage law 
 employers would give no employment to workers who are not worth 
 more than the minimum wage and would always choose the best 
 workers they can obtain at that wage, the result being that many 
 of the poorest workers would be deprived of all means of earning 
 anything. 
 
 Minimum Wage Symposium 
 
 Statement of Everett P. Wheeler 
 
 767 
 
 My main objection to the proposition to fix a minimum wage 
 by law is this. There is no legislative power to compel em- 
 ployers to employ any particular person, any more than there is 
 to compel any particular person to work. When slavery was 
 lawful in some of the States, the master could compel his slaves 
 to work and on the other hand was obliged to give them a living 
 wage. When they grew old he had to take care of them. The 
 advocates of slavery used this as an argument in its favor. But 
 the opinion of the majority in this country was that slavery was 
 a great evil and that whatever benefits might ensue from the con- 
 ditions referred to, they were more than overbalanced by the 
 evils. The war settled that; the Constitution was amended so 
 as to prohibit it. Yet now in another generation we see humane 
 people proposing to revive some of its features. The 'effect 
 of a minimum wage as applied to unskilled labor will necessarily 
 be to throw a great many unskilled laborers out of employment 
 If they are unworthy of the wage fixed by law, they naturally 
 will not get any work. My observation of life leads me to think 
 that it is better for a man on the whole to scratch along even at 
 low wages, than to become a pensioner on the State. Everywhere 
 you will find that people with any self-respect are unwilling to 
 go to the poor house. That is really an asylum provided by the 
 State for those who through age or lack of skill cannot earn a 
 living. 
 
 Again I find a fallacy in a great many of the statements that 
 are quoted by theoretical social workers in regard to the cost of 
 living. Many plain people live in what seems to them sufficient 
 comfort on very much lower wages than these philanthropists 
 think possible. The difficulty in this country as it presents itself 
 to my mind is that there are many rich people who never earned 
 a dollar in their lives, mostly women who enjoy the fruits of the 
 labor of the men, who write a great deal on these philanthropic 
 subjects without knowing the actual facts. 
 
 I speak with the more confidence on this subject because dur- 
 ing my long life I have made it a point to mingle with the plain 
 people a good deal. I have been active in local politics. I am 
 
'Il' 
 
 m 
 
 
 if 
 
 El* 
 
 768 
 
 Appendix III 
 
 the founder of one of our settlements, and was the first head- 
 worker. I have done a good deal of Sunday sc-hool work, worked 
 on my grandfather's farm when I was a boy, and now own a 
 farm of my own. In this way I have had a very varied experi- 
 ence and think have kept in touch as much as any man of my 
 profession with the actual plain people. For years I collected 
 the rents of a block of tenement houses and came into normal 
 relations with the people. Many philanthropists consider only 
 the very poor, those whom General Booth called " the submerged 
 tenth,^' and do not understand how self-respecting and happy the 
 majority of our plain people are. 
 
 Minimum Wage Symposium 769 
 
 IV. REPRESENTATIVES OF LABOR 
 Statement of Edwaed A. Bates 
 
 This is an important problem in the economic and ind,ufltrial 
 life of the State and should be given grave consideration. If an 
 effective solution is to be had many matters which are allied and 
 linked with it must be considered, such as hours of labor, hygenic 
 and moral surroundings. This, of course, on the assumption that 
 the object of establishing a minimum wage is to elevate the con- 
 dition of the female workers. 
 
 As a trade unionist I believe the only real way to elevate the 
 condition of wage-earners is by and through organization. It ia 
 true that labor unions, in fixing scales of wages, establish a inini- 
 m,um wage, but this wage is fixed at such a figure that any member 
 of the craft would be able to live and not merely exist. Besides 
 the wage agreed upon, other conditions are looked after. 
 
 I am somewhat skeptical as to the advantage to wage-earners 
 of the State regulating wages. History demonstrates that where it 
 has been done in other countries it has created a condition akin 
 to slavery. If the .State arrogates to itself the privilege of estab- 
 lishing a minimum wage for females, what is to prevent it regu- 
 lating all wages? 
 
 There is no question but there is a crying need for assisting the 
 female wage-earner, especially in the mercantile establishments 
 of the State, but it is a question if minimum wage legislation will 
 solve the problem. Is there not danger that female employees in 
 factories and offices, who are now receiving a little beyond a mere 
 living wage, would sink to the minimum rate established by the 
 State? This is the history largely of minimum rates established 
 by trade imions. 
 
 Some states have enacted legislation along this line. The laws 
 have not been in operation long enough to judge with any degree 
 of accuracy what is to be accomplished. It is to be hoped if en- 
 acted, that the law will do what its promoters intend it for — the 
 rescue of the thousands of ill-paid female workers. It will re- 
 quire time demonstrate this. 
 
 Vol. 1—25 
 
770 
 
 \< 
 
 1.! 
 
 ,f 
 
 1 
 
 \ 
 
 Appendix III 
 
 Statement of Homeb D. Call 
 
 I am heartily in favor of legislation establishing a TniTiinrnTTi 
 wage for women, and make it sufficiently high, to insure them a 
 decent living. I favor that, because of the fact that they are not 
 well organized throughout the country and their occupations are 
 such that it makes it difficult to reach them, and they are also 
 deprived of the priviledge of the ballot and can have nothing to 
 say through a political affiliation, as to what the laws shall be to 
 govern them; therefore, I believe it is only a fair proposition to 
 establish a fair wage by law. But as to men, who have the ballot, 
 and also the full opportunity to organize for their own protection, 
 and if they haven't 8uffi<;ient ambition to do so, and through the 
 medium of arbitration secure a fair and honest division of the 
 profits on their labor, let them accept the situation as it is and 
 make the best of it, until they are willing to make an effort in 
 their own behalf. I believe that any effort to aid them through 
 legislation is time wasted. 
 
 Statement of Timothy Healt 
 
 It affords me pleasure to answer your recent communicatioxiy 
 requesting my opinion on the importance of legislation towards 
 putting into effect a iniiiim,um wage law for the benefit and pro- 
 tection of working people in the State of New York. 
 
 With regard to the advisability of enacting such legislation, 
 my long experience and association with men interested in all 
 questions relating to the interests and welfare of labor, warrants 
 me in advising your Commission that there is no doubt in my mind 
 that such a law would prove itself a lasting benefit to all who may 
 be directly benefited or protected by it, as well to the public in 
 general throughout the Empire State. 
 
 The trying conditions forced upon all classes of labor, under 
 modem industrial wage systems, make it essential that the State 
 should adopt suitable laws for the protection and welfare of all 
 persons who depend on just compensation for a decent living for 
 themselves and their families. 
 
 Minimum Wage Symposium 
 
 771 
 
 While it is thoroughly established that women and minors 
 deserve and shquld receive the first consideration in the enactment 
 of minimum wage laws, yet the fact must not be overlooked that 
 for the most part women and children are dependent on the wages 
 of men, and when circumstances force upon men the acceptance of 
 wages below an amount sufficient to provide food and shelter for 
 such homes, the women and children are again burdened with 
 great hardships and distress. 
 
 My conclusion, therefore, would be that a minimum wage law 
 protecting the interests and rights of working people in general 
 is necessary to conserve the health and happiness of all who toil 
 for a living, and the economic welfare of the State at large, and 
 in the successful application of such law, I see nothing to pre- 
 vent it 
 
 Statement op James P. Holland 
 
 Since the formation of organized trades in the labor movement, 
 the minimum wage question has received much favorable con- 
 sideration, not only by its leading advocates in organized labor, 
 but by the membership in general and judging from the result of 
 which, I may say that a suitable law, recognizing this important 
 moral and economic principle of governmental protection and 
 justice would receive the sanction of the general public as well as 
 confer a genuine benefit on all persons dependent on wage earn- 
 ings for a livelihood. 
 
 But with regard to a minimum wage law in its specific effects 
 upon men, women and minors, recent industrial investigations and 
 reports have established the urgent necessity for effective legis- 
 lation covering all classes of wage earners. The fact remains, 
 however, that women and minors suffer far greater disadvantages 
 than men under the present wage system, and for the purpose of 
 establishing not only their natural and lawful rights, should the 
 JKroposed law commend itself, but the far reaching economic 
 importance to the general public in protecting this helpless class 
 of labor from unscrupulous employers, who make a specialty of 
 exploiting them, cannot be overestimated. 
 
772 
 
 1 
 
 I 
 
 • 
 
 t\ 
 
 iff 
 
 Appendix III 
 
 With regard to the enforcement or administration of such legis- 
 lation, I see no reason why it could not be administered with the 
 same degree of facility as the Workmen's Compensation Law, the 
 regulation of legal interest rate charges by State governments in 
 protecting the rights of capital from unreasonable charges, and by 
 the national government in dealing with problems coming within 
 the jurisdiction of the Inter-State Commerce Law. 
 
 Statement of Emanuel Koveleski 
 
 I am heartly in favor of the enactment of the law, creating a 
 minimum wage large enough to allow the women to live as Ameri- 
 cans should. The law should be a drastic one; any violation of 
 same should be punishable by imprisonment, and not a fine of a 
 few dollars, which employers of women could readily pay. It is 
 a shame and a blot on the fair name of this, the great Empire 
 State, to allow employers to pay women such small wages ; in many 
 cases so small that it saps away the ambition and compels women 
 to sacrifice their honor, and where they have strength enough to 
 resist temptation, their food and living environment unfit them to 
 become mothers. My wish is that the Commission keep up its good 
 work until the wages paid our women will compare favorably with 
 those paid in other States. Every man running for a political 
 office, should be made to declare himself in regard to this import- 
 ant subject, and should his decision be unfavorable, strong effort 
 should be made to defeat him, and elect those who favor a law 
 governing the minimum wage for women. It is a very difficult 
 thing to say just how much the minimum wage should be. In 
 my opinion, $10 per weeek would be small enough. In regard 
 to minor children, I would favor the enactment of a law forbidding 
 any child to work in this State under the age of 16, and if it 
 can be proven that a family is not self-sustaining, some provision 
 should be made by the State to keep them. Every case should 
 be thoroughly investigated, and no permits given to children under 
 16 years of age. 
 
 Minimum Wage Symposium 
 
 Statement of James M. Lynch 
 
 773 
 
 In your communication of October 1st you ask for my views 
 on the subject of minimum wage legislation, and I have not re- 
 plied earlier for the reason that it is somewhat difficult for me 
 on such a far reaching and revolutionary subject to fully and 
 clearly express myself on paper. 
 
 Of course, all right thinking citizens will favor the propo- 
 sition of a minimum wage for women considered by itself, but to 
 me, and as a result of my experience in the trade union move- 
 ment, there are other dangers and difficulties associated with the 
 problem that must be taken into consideration. One of the 
 greatest of these is the conditions under which the woman worker 
 is now, and then will be, obliged to labor and the discrimination, 
 deductions and fines that might be levied against women under 
 the minimum wage, so that in the end the actual wage would be 
 no greater than at present, and the burdens of employment made 
 appreciably greater. 
 
 If the law, establishing minimum wage provisions admin- 
 istered through non-partisan minimum wage boards, will also 
 give to these boards the right to review and fix not only wages 
 but all working conditions and the authority to set certain 
 standards below which these conditions shall not go, then I be- 
 lieve that many of the evil effects that I have in mind will be 
 minimized, if not entirely obliterated. 
 
 The Oregon minimum wage board idea might be adopted with 
 such changes as may be necessary in this State, but the powers of 
 these wage boards should be amplified, subject, if advisable or 
 desired by either party to a wage adjustment, to review by a de- 
 partment to be added to the State Labor Department. It should 
 be borne in mind that this is the great industrial State of the 
 Union, and that all social legislation enacted in this State has its 
 later effect and generally its counterpart in other States, and 
 also that it bears more heavily on industry in this State than in 
 any other State. 
 
774 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 775 
 
 t 
 
 ' 
 
 1) 
 
 lit 
 
 I", 
 
 ff 
 
 I 
 
 Statement of Helen Marot 
 
 The position which I take on wages boards is the one which 1 
 consider is valid for trade unionists. 
 
 All unionists oppose the creation of wages boards for the regu- 
 lation of wages in organized trades. Also all unionists oppose 
 the fixing of minimum rates of wages for men by the State in 
 either organized or unorganized trades. In other words there 
 are unionists who have endorsed the movement for minimum 
 State rates for women. This distinction, which a minority of 
 trade unionists have made I do not consider sound. If women 
 need State protection on the ground that they do not organize 
 as men do, then also do the mass of unskilled, unorganized men 
 who do not appreciate or take advantage of organization. More- 
 over it has not been proven that men depend on organizations of 
 their own and that women do not Men outnumber women in 
 organizations as they outnumber them in industry. The reasons 
 for trade unionists to oppose the State interference in wage rates 
 apply to women workers as they do to men. 
 
 Composition of Wages Boards 
 The proposition is to create wages boards composed of repre- 
 sentatives of workers and employers as well as of the public. It 
 is also the inmiediate purpose of the boards to operate in unorgan- 
 ized industries. The proposition is self-contradictory. It is im- 
 possible to have representation without organization. The 
 workers in a trade are not represented if the State boards or com- 
 missions select workers and appoint them to their position. Such 
 workers are representatives of the State. It is a remarkable a*- 
 sumption,- in this republican country, to call a man a representa- 
 tive of a group who has been selected and not elected ; who has 
 been selected by people not of his group. The promoters of 
 wages boards state that this substitution of appointment and 
 selection for election which gives representation is a temporary 
 expedient They make the statement that wages boards will in- 
 duce organization and from this organization future representa- 
 tion will be had. But trade unionists are the only people who 
 are competent io judge what will and will not induce organiza- 
 tion. They know that unions are merely nominal which are in- 
 
 duced or superimposed by others than the workers themselves and 
 that a nominal union has no power to improve or change the 
 conditions of an industry, that they have no more power to effect 
 change than have individual workers for they have no collective 
 will. Moreover unions which exist in name become a substitute 
 and a mockery of unionism in a trade or an industry. 
 
 State-Made Unions 
 If minimum wages boards live up to their statutory require- 
 ments of representation of workers on the boards it is obviously 
 necessary from the foregoing for the State and those working in 
 conjunction with the State boards to impose organization if the 
 boards are to operate in unorganized trades. The unions of 
 Australia, after twenty years of experience with State-made 
 unions created in the interest of wages boards, are realizing the 
 insidious and devitalizing effect of such unions on the labor 
 
 movement. 
 
 • 
 
 Wa^e Rates Based on Cost of Living 
 
 The effect of State-induced unions is no more enervating thaii 
 is the practice, which State boards presuppose, of basing wage 
 rates on subsistence computations. If the findings of a board 
 fixes the cost of living for one group of workers in a locality at a 
 stated sum, it fixes the cost for all workers in the locality. Sub- 
 sistence cost is the same for cigar makers as it is for bookbinders 
 or for waist makers. If union men and women agree to the 
 findings of wages boards, i. e., to a minimum wage fixed by the 
 cost of living for any one group they agree to the cost for 
 all. In joint action with the State they have fixed the minimum 
 rate of wages on the mind of the community and have compro- 
 mised their bargaining force and position as trade unionists. 
 They have surrendered their driving power for static methods. 
 They have rendered themselves incompetent in their own field 
 and have fixed a condition which it is the business of unions to 
 render pliant 
 
 Minimum Rate Becomes the Maximum 
 
 The union method is never to agree to a minimum paid in an 
 unorganized trade or one partly organized. A union minimum 
 
776 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 777 
 
 i I 
 
 «! 
 
 i 
 
 •i- 
 
 i;- 
 
 . 1. 
 
 •jiii 
 
 is usually the maximum, or near it which is paid in the trade. 
 A State fixed minimum is the minimum for the trade. Unions 
 cannot take part in fixing minima through the State and expect 
 to turn around the next day and ^x new minima in the same or 
 other trades of the same level. 
 
 It is not a theory with trade unionists that State-made 
 minima will become the maxima. Trade unionists out of their 
 own experience know that maximum rates fall to minimum rates 
 in trades where tlie union has lost its driving power. It is not 
 the business of a State to act in the interest of labor but in the 
 interest of labor and capital and the consuming public. It can- 
 not act as a driving force for labor. With the State incompetent 
 to act as a driving force and the unions committed to the wage 
 boards award, and their driving force also gone, it is inevitable 
 that State-made minima will become the maxima. 
 
 The Fixing of Hours vs. the Fixing of Wages 
 
 Why, it is asked, do unionists agree to the State regulation of 
 hours and not to the State regulation of wages ? The object of 
 unions is to force hours down and wages up. There is a limita- 
 tion fixed by natural laws to the reduction of hours. The reduc- 
 tion of hours will at last reach a vanishing point The interest 
 of labor in wage rates goes the other way ; there is no such limit 
 to the possibilities in the driving up of wages. Hope lies that 
 way. It is of advantage in realizing that hope, to establish a 
 fixed number of working hours as a standard or a pivotal point 
 for all labor around which wage rates may be computed and 
 standardized. The more generally the public accepts a universal 
 working day, fixed by organized labor as the standard day, the 
 the simpler becomes the task of collective bargaining for scales of 
 wages. Hours can be universal for all grades and classes of 
 labor, or nearly so. It is desirable for organization purposes 
 that there should be this universal basis for skilled and unskilled 
 labor. It is not desirable from any labor point of view that 
 wages should either be universal or fixed. 
 
 It is the claim of the promoters of wages boards that unions 
 have not protected the poorest paid workers nor is it possible for 
 
 them to do so, that they should therefore endorse the minimum 
 wage board movement It will be difficult to persuade the unions 
 that wage boards are the alternative if their creation compromise 
 the function and the power of the unions; if the tendency of 
 State-made rates of wages is for minimum rates to become 
 maximum. Unions realize moreover that the very existence of 
 a virile labor organization in a country among a minority of the 
 workers acts as a protection against wage reductions for the mass 
 of unorganized workers. The latent possibility of a rebellion in 
 an organized trade and the readiness of the organized workers 
 to back up the rebellion is more potent as an economic lever than 
 are State wages boards. It is the first obligation of the unions 
 therefore to resist a movement which would weaken their driving 
 power. 
 
 Consumers, who are not wage workers, could make advant- 
 ageous reports on cost of living. As a consumer he is competent 
 to pass on prices. But it is the business of producers, that is the 
 workers, to determine at what price they will sell their labor. 
 
 Statement of John Mitchell 
 
 Responding to your request for an expression of my views on 
 the subject of minimum wage legislation, I write to say that so 
 far as I know every official and unofficial investigation of the 
 subject of wages that has been made in the United States has re- 
 sulted in a finding of fact that, so far as women and minors are 
 concerned, the wages paid to a large percentage of these workers 
 are lower than the amount required to enable them to live healthy 
 and normal lives. If, as I anticipate, the New York State 
 Factory Investigating Commission shall find as a result of its in- 
 quiries that the wages paid to a large proportion of the women and 
 minors employed in the industries of the State of New York are 
 insufficient to enable these workers to maintain themselves in 
 health and decent comfort, it will be necessary for the Commission 
 to make such recommendations as shall, in its judgment, offer a 
 solution of the gravest of all human problems, to wit : the means 
 by which the weakest and most helpless of our people, from an 
 
778 
 
 Appendix III 
 
 
 111 I 
 
 I 
 
 i 
 
 enonomic standpoint, shall be guaranteed such remuneration as 
 will enable them to live healthy, normal lives. 
 
 Under the industrial conditions existing today it is impossible 
 for each individual wage earner, and especiaUj for each indi- 
 vidual woman wage earner, to work out a solution of this problem. 
 Competition for employment, an over supply, even in normal 
 tunes, of applicants for work, has prevented wages from rising 
 as rapidly as the cost of living has risen, and in many instances 
 has prevented wages from rising at all. The consequence is that 
 as women in ever larger numbers enter the industrial field as wage 
 earners, the struggle among them for existence becomes more keen 
 and acute, and the responsibility of society with respect to the 
 welfare of those engaged in this struggle is correspondingly in- 
 creased. 
 
 The condition of wage-earning women and minors has been the 
 subject of constant solicitude and earnest consideration on the 
 part of the trade unions of our country. Especial and exceptional 
 efforts have been made by the national and international organiza- 
 tions of labor and by the American Federation of Labor to 
 organize women wage earners into trade unions, and to some ex- 
 tent these efforts have met with success. To a gratifying degree, 
 through the efforts of the trade unions, the wages of women in 
 some industries have been increased and the hours of labor re- 
 duced. However, it must be admitted that the activities of the 
 trade unions in organizing women wage earners have not met with 
 that general response and effective result that have attended the 
 efforts of the trade unions to organize men and to improve and 
 elevate their conditions of life and labor. Wage-earning women "" 
 are, as a rule, more difficult to organize than are men. While 
 many women spend their entire lives as wage earners, very few 
 of them enter industry with the expectation of doing po. The 
 average woman expects to marry and have the shelter of a home, 
 therefore the necessity and importance of becoming a member of 
 a trade union, and through this avenue attempting to establish 
 higher wages and better conditions of employment, do not appeal , 
 to her with the same force as they do to wage-earning men, who 
 expect to spend their whole lifetime as workers in the field of 
 industry. 
 
 
 Minimum Wage Symposium 
 
 779 
 
 Because of this condition it seems to me that society, that is, 
 the State, is under obligation to protect and safeguard the health 
 and well-being of women and girls, since, in the final analysis, 
 the welfare of society itself depends upon the health and weU- 
 being of those who are to be the mothers of the generations that 
 are to come. We have no right to expect a better civilization 
 unless we who live now see to it that these potential mothers are 
 guaranteed while they are employed in industry a wage sufficiently 
 high and hours of labor sufficiently limited to enable them to live 
 healthy and normal lives. 
 
 I am well aware that many thoughtful, earnest defenders of 
 the interests of the wage-earning masses view with apprehension 
 any attempt on the part of the State to regulate the wages of 
 workers employed in privately-owned enterprises. I am aware 
 that there are among women wage earners those who fear that 
 the establishment by law of minimum wages would operate, in 
 the long run if not immediately, against the best interests of the 
 wage earners themselves. However, so far as legislation of this 
 character is made applicable to women and minors I do not share 
 this apprehension. My judgment is that minimum wage laws 
 applicable to women and minors, if properly drawn, would prove 
 of real and lasting benefit, not only to those immediately affected, 
 but also to society at large. 
 
 In making this statement I do not wish to be understood as 
 favoring the fixing of wages by statute. It seems to me that it 
 would be proper and in the interest of justice if your Commission 
 would recommend the creation of a minimum wage commission, 
 such commission to be given authority to organize joint wage 
 boards composed of an equal number of" employers and wage 
 earners, in each department of industry in which women and 
 minors are employed, the province of such boards being to con- 
 sider, and if possible determine, the amount of wages which as a 
 minimum is necessary to enable the workers affected to live in 
 health and decent comfort ; and when such determination has been 
 made by these joint boards the minimum wage commission should 
 have power, if it is satisfied that the minimum wage has been 
 made sufficiently high, to make such rulings for carrying into 
 effect its findings as shall have the force of law. 
 
780 
 
 Appendix III 
 
 ■ 
 
 • ■ . 
 
 ii 
 
 In the foregoing I have not attempted to make detailed sug- 
 gestions but have confined myself largely to an expression of my 
 views as to the wisdom and the necessity of legislation of this 
 character. I have purposely confined my statement to women 
 and minors. I do not believe that it would be advisable to create 
 minimum wage boards having authority to regulate the wages of 
 men. 
 
 Statement of Alburtis Nooney 
 (Approved by the Central Labor Union, Hudson, N. Y.) 
 
 Wages should be determined by the cost of living, and the mini- 
 mum should be high enough to give the worker enough to live 
 decently and a fair margin for contingent expense, for wholesome 
 pleasure. It should give the wage earner a satisfied mind and a 
 wholesome existence. 
 
 Our country can afford all these things, and there should be 
 regulation by the State or national government. The effect on 
 the employer and employee would be to bring them to a more 
 thorough imderstanding of their moral obligation to equality. It 
 would make the worker more efficient, encouraging a higher 
 standard. 
 
 These things should be looked after by our government through 
 a commission, non-partisan and efficient in dealing with such 
 problems. 
 
 I believe your Commission is working in the right direction 
 and should get at the heart of this serious problem. Also, the 
 aged worker should have some consideration, after a life of hard 
 labor for the profit of others. Many an old man or woman sees 
 nothing but the charity of others or the poor house after a life 
 of toil for small pay. I am having that experience — broken in 
 health and well along in years. 
 
 Statement of John T. O'Brien 
 I favor a minimum wage of nine dollars per week for women, 
 except in employment where they have displaced men. I believe 
 they should receive equal pay for equal services rendered. It is 
 impossible for a woman to live decently on less than nine dollars 
 per week. 
 
 
 Minimum Wage Symposium 
 
 Statement of Margaret Dreier Robins 
 
 781 
 
 It gives me great pleasure to answer your inquiry, regarding 
 the position of the National Women's Trade Union League of 
 America on the question of Minimum Wage Legislation. 
 
 I am glad to be able to refer you to the proceedings of the three 
 Biennial Conventions, Chicago, 1909; Boston, 1911; and St. 
 Louis, 1913, in which the question of Minimum Wage Legisla- 
 tion was discussed and voted upon. Since the Chicago Conven- 
 tion of 1909, the establishment of "A Minimum Wage Commis- 
 sion to create Wage Boards for each industry having an equal 
 representation of employers and workers, and representation 
 from the Public " has been included in the Legislative Program 
 of the National Women's Trade Union League. 
 
 In further explanation I should like to state that we feel con- 
 vinced the best results of minimum wage boards will be ob- 
 tained : 
 
 First, by creating separate wage boards for every industry to 
 be investigated and coming under the jurisdiction of the Mini- 
 mum Wage Commission — such industries naturally represent- 
 ing the sweated industries, whether in the homes or factories. 
 
 Second, by the workers electing their own representatives on 
 the wage boards — thus establishing the beginning of self- 
 government, so essential to industrial democracy. 
 
 Third, by guaranteeing the right to a rehearing upon the peti- 
 tion of any person from either side. 
 
 We also believe that the wage boards must be authorized to 
 change the minimum wage rate whenever change in conditions 
 makes an increase in rates possible. By way of illustration, I 
 would refer you to the decision of the " Chain Making Board " in 
 England, which on December 2, 1913, confirmed proposals to in- 
 crease by 10 per cent, the minimum rate it established in 1910. 
 
 The National Women's Trade Union League is unalterably 
 opposed to the establishment in the law itself of a fixed rate of 
 wages per day, or per week — the so-called flat rate method and 
 the one enacted into law in Utah. 
 
 To present the position of the National Women's Trade Union 
 League as clearly as may be, I quote from my report on the mini- 
 
782 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 783 
 
 ^! 
 
 m 
 
 I 
 
 ! 
 
 ! (! 
 
 I > 
 
 I I 
 1 1 
 
 . » 
 
 .} 
 
 mum wage question given to the Fourth Biennial Convention at 
 St, Louis, June, 1913, and adopted by the Convention: 
 
 " No one will deny that however difficult the problem, we find 
 ourselves under conditions demanding immediate action. The 
 right to live and the right to a living are indistinguishable terms. 
 The question of the low wage must be met * * *. 
 
 " The chaotic conditions of many of our industries gives no 
 basis for a wage, but the will of the individual employer, and 
 the girPs poverty and inexperience forces her consent. This was 
 well brought out by the Minimum Wage Commission of Massa- 
 chusetts, when it was found that in the candy industry, for 
 example, one of the employers was paying fifty-six per cent a week 
 less in wages than another employer in the same town. The elim- 
 ination of this unfair competition will be one of the immediate 
 results of the minimum wage, and will help to standardize 
 industry. 
 
 " The industry which cannot pay a fair wage is parasitic, and 
 receives a subsidy from the community through its public or 
 private charities, through its clinics and hospitals, through its 
 reformatories and prisons, through its almshouses and homes for 
 the aged. We are living in the midst of a " wealth-producing, 
 poverty breeding " industrial chaos. The demand for the mini- 
 mum wage on the part of the general public is simply the state- 
 ment that it is tired of subsidizing industries. Through such 
 subsidies it has enabled many an employer with no business 
 qualifications whatever, nor knowledge nor judgment, to open an 
 industry, put the wage as low as conditions permit, quite certain 
 that the community will bear the burden. It would seem that a 
 training school for employers is as essential to the welfare of 
 the community as a trade school for workers. Just as the most 
 important knowledge to the worker is the value of his or her labor 
 power, so the most important knowledge to the employer is that 
 a living wage is the first charge upon any industry. If we have 
 classes for the salesmanship of lace and jams and linens and silk, 
 how a thousand times more important is it to have training in the 
 salesmanship of labor values ♦ ♦ », 
 
 " But if there is the darkness of tragedy here, there is also the 
 light of heroism. It is essential that it be definitely understood 
 
 that there are girls by the tens of thousands who have maintained 
 the integrity of their womanhood in the face of great personal 
 sufferings and self-sacrifice, as well as in the face of grave tempta- 
 tion. I know girls who have lived twelve in a room, on twelve 
 mattresses, because their earnings did not permit them better 
 sleeping accommodations, and who have lived for three years at a 
 stretch on rye bread and olive oil, unless invited out for a meal. 
 I know girls who have simply paid for the space of half a bed 
 during the night when the same bed was not only shared by them 
 during the night with another girl, but had been used by two other 
 girls during the daytime, these other girls being night workers. 
 I know girls who take it as an every-day matter-of-fact experience 
 of working girl life that they should daily go without their lunches. 
 I know girls who have entered a saloon because they could there 
 get a bowl of soup as well as a glass of beer for five cents, receiv- 
 ing in that bowl of soup better nourishment than any other ex- 
 penditure of such five cents could bring them. I know other girls 
 who, with equal " matter-of-factness," never think of spending 
 money for care-fare or lunches or laundry or outings, and never 
 dream of earning enough to make life even half-way decent and 
 comfortable or giving a chance for any realization of aspiration 
 or ideals or education — or sweetness of fresh air in the mountains 
 or by the sea — and yet these girls by the tens of thousands, 
 in the face of such constant denial of all that makes life worth 
 while, have held their womanhood intact and protected its int^- 
 rity. To the courage, the grit, the fineness of character all can 
 testify who know intimately the daily life of the working girls. 
 But well may we question the civilization, the democracy, the 
 Christianity of a community tolerating such conditions. We are 
 demanding in the every-day life of our working girls the stuff 
 out of which heroes and martyrs are made. Some of us would 
 like to see the conditions of industry so arranged that everyday 
 folk like you and me might have a chance of earning our daily 
 bread " on the square." The question of the wage is not whether a 
 girl can or cannot hold her own in the face of suffering and 
 poverty and temptation, but whether any able-bodied intelligent 
 young woman is to put all the years of her girlhood and woman- 
 hood, all the possibilities of the joy of her motherhood, in jeopardy 
 
784 
 
 Appendix III 
 
 1 
 
 li 
 
 h 
 
 I 
 
 i 
 
 
 because she is giving her all in service without receiving sufficient 
 remuneration to make possible decent nutrition, decent clothing, 
 decent living conditions for herself, conditions making for the 
 education and development of all the fine powers hidden and held 
 within her. The most costly production of any nation, and ite 
 most valuable asset is not its annual output of com, neither the 
 wheat harvest nor the yield of coal or cotton, but its output of 
 men and women. Upon the quality of each generation depends 
 the strength and greatness of the nation. This we recognize by 
 providing that the State shall care for the health of the people 
 and contribute to their education. Is it not, therefore, time for 
 us to insist that the State cannot aflFord to put in so great an 
 investment, only to reap the continuous loss of the defeated young 
 lives that go under in the industrial world ? 
 
 " The demand for a minimum wage must include some defini- 
 tion of that minimum, otherwise none of us know exactly of what 
 we are talking. A living wage must certainly mean sufficient re- 
 ward for labor to provide health-giving food, good clothing, shelter 
 with sunlight and air and warmth and comfort, education and re- 
 creation—books and music — sufficient reward to tide over 
 periods of sickness or other unemployment and to make provision 
 for a happy and serene old age. It must give opportunity and 
 time not only for the development of the powers within us, but 
 also for expression of human fellowship. It is well for us to 
 remember that the loving cup is as old as any hunger, and that to 
 enter into the labor and festival of life is part of the eternal quest 
 of the human heart. 
 
 " We all know that to bring about conditions making possible 
 such a living wage more than the creation of minimum wage boards 
 will be necessary However, the placing of the sweated industries, 
 and such others as the community may see fit to decide upon, under 
 the jurisdiction of minimum wage boards is but a further attempt 
 to standardize industry. This is no new undertaking. In most of 
 our states we have factory laws prescribing what Mr. Sidney Webb 
 so aptly terms " the minimum conditions of the wage contract " • 
 a legal minimum of education for the child, a legal minimum of 
 sanitation and safety, and by prescribing a maximum workday, 
 a legal minimum of leisure and rest. All these minima repre- 
 
 MiNiMUM Wage Symposium 
 
 785 
 
 sent the community's demand for a standard of industry, and 
 with our growing knowledge of the overshadowing menace of the 
 low wage, we naturally include a wage minimum. 
 
 " To bring the best results, to bring technical knowledge, accu- 
 rate data and experienced judgment to bear on this grave question, 
 minimum wage commissions should consist of men and women 
 representing the public, representatives of the employers in each 
 industry, and representatives of the workers in each industry, 
 elected by the workers. That a minimum wage can be established 
 in the sweated industries has been proven beyond all preadventure 
 of doubt by the victorious strikes in the garment industries which 
 we have now witnessed in the leading cities of America for the 
 past four years. Such victories express, indeed, the best hope of 
 our day. The question is, can we afford to wait for such social 
 uprisings in the other sweated industries ? Is it not true that the 
 minimum wage boards will not only help to establish minimum 
 wages, but bring to the least of the little girls in such industries, 
 the opportunity of organization and self-government." 
 
 The Amalgamated Journal of the Iron, Steel & Tin Workers 
 states concisely what some of the organized working men and 
 women hope to bring about by the establishment of minimum wage 
 legislation through minimum wage boards. 
 
 " Many classes of wage earners who would be benefited and 
 protected by minimum wage legislation, have been living too 
 close to starvation to make possible any reasonable amount of con- 
 centrated action on their part, or such preparation, financial or 
 otherwise, as would ordinarily be considered essential for success. 
 To all such classes of wage earners minimum wage legislation 
 should be valuable as establishing an existence basis from which 
 they are in a better position to achieve further improved wages 
 and conditions through organized effort. A woman wage-earner 
 receiving a minimum wage of $8 per week is on a better basis on 
 which to secure $10 per week, than the same woman getting $4 
 is in a position to get $5." 
 
 Although minimum wage legislation is seventeen years old in 
 Australia, and now covers over one hundred trades, such legisla- 
 tion represents a mere thought in America, and it is natural that 
 there should be very honest differences of opinion. We, who 
 

 I! 
 
 . ii 
 
 li 
 
 i 
 
 i 
 
 786 
 
 Appendix III 
 
 believe in it, see in the establishment of the minimum wage — 
 through wage boards — a chance for life to the most exploited of 
 our fellow workers, an opportunity to better conditions through 
 united action, an opportunity to self-government — and self- 
 government is essential to the making of a free people. 
 
 Statement of Henry Streifler 
 
 The minimum wage works out to a very satisfactory result 
 from a trade union standpoint where that is agreed upon between 
 the representatives of the particular trade and the employers of 
 the men who are engaged in such work. Whether that would 
 work out as satisfactorily were it a law, I have great doubts about 
 the same, from the fact that my experience has been that we get 
 better results where matters of this kind, especially where a 
 financial consideration is involved, are agreed upon in a voluntary 
 manner by both sides interested as employer and employee. 
 
 Minimum Wage Symposium 787 
 
 V. EMPLOYERS AND THEIR REPRESENTATIVES 
 
 Statement of James F. Adams 
 
 I believe that a minimum wage law would be beneficial to the 
 employer and employee. Beneficial to the employer who wishes 
 to do right because at the present time he cannot pay more than 
 the prevailing rate of wages and compete with others, and to the 
 employee who is then assured of a certain wage and, to a certain 
 extent, would thereby be made free from local and trade condi- 
 tions which might tend to reduce wages in a particular section. 
 
 The argiiment that the inferior or inefficient worker would be 
 thrown out of work is worthless, as no one to-day keeps the ineffi- 
 cient worker when he can get better help. The minimum wage 
 would not tend to bring all wages to that level, as the only way to 
 keep efficient and experienced help is to pay them consideration to 
 keep them from floating. All successful firms do this to-day and 
 will continue to do so. 
 
 The minimum wage should be set on statistical records of the 
 liability to accident, loss of time through trade and weather con- 
 ditions, the effect of the work, etc., on the health of the worker, 
 and allow for a fair living wage for a family of ^yb. 
 
 The law should also include a compulsory arbitration clause 
 which would be binding on both sides in case of strike, and be free 
 from technicalities, which would allow either side to hold settlo- 
 ments up for any extended period. 
 
 I believe that it should be a national law, as the tendency to-day 
 in inter-state trade is for factories to move into, and new factories 
 start in states where the laws do not call for strict r^ulations. 
 
 This law should also limit the salaries paid to officials, as the 
 present method of allowing unlimited salaries to officials of cor- 
 porations allows them to deprive minority stockholders, and in- 
 directly the employees and consumers of a considerable amount 
 in the aggregate which should be available for dividends and wages. 
 
 We are also in favor of having the retail price of all products, 
 whether raw or manufactured, set by a commission which would 
 allow for a fair profit in addition to healthy expansion of the 
 business and for jurisdiction over the wages of the workers. 
 
 i 
 

 f.' 
 
 ^:; 
 
 f(|i., 
 
 J, I 
 
 I J 1 
 
 788 
 
 Appendix III 
 
 Statement of L. Adler Bros, k Co. 
 
 The effect of minimum wage on the employer is : Under slack 
 conditions, very little. When help is scarce there will be a flow 
 of comparatively inefficient workers into the state with an abnor- 
 mal increase in cost of manufacture. 
 
 On the workers is : To throw out of employment the inefficient, 
 except in times most prosperous. 
 
 On the opportunity of obtaining a higher wage than the min- 
 imum, is : To lessen the power of the employer to pay in accord- 
 ance with the ability, in all competitive industries. An employer 
 in a State under local laws, entailing upon him a greater expense 
 than that under which his competitor in another state is working, 
 is naturally limited to what he can do for his workers. In any 
 business there is a limit to what can be paid to the workers. If 
 the the state law insists upon paying to the inefficient more than is 
 properly due them, it stands to reason that less will probably be 
 paid to the exceptionally efficient, or that the whole wage scale 
 will be held down. 
 
 On the price of the product of industry affected is: Every state 
 law increasing the cost of the product, places the manufacturer in 
 that state at just that disadvantage with competitors in other 
 states. When the disadvantage becomes sufficiently great, it drives 
 the manufacturer out of business or into another state. 
 
 We are in favor of a minimum wage ; we believe, however, that 
 the minimum wage should only be so high as to prevent the 
 exploitation of labor. 
 
 Statement of Roger W. Babson 
 
 Reprinted From Confidential Bulletin No. 1-12, August, 1914, 
 
 of the Bahson SfnfisfirnJ Orrjanization, hij Permission 
 
 Briefly, we believe that the employees are entitled to a greater 
 share both in the profits and in the management of industries; but 
 we do not believe this can be brought about artificially by legisla- 
 tion. Prices, rents, wages, and interest depend upon the relation 
 between supply and demand. Every attempt to ignore these fun- 
 damental laws of supply and demand, action and reaction, or 
 
 Minimum Wage Symposium 
 
 789 
 
 reward and punishment, is like trying to stop the earth from re- 
 volving on its axis. Yet minimum wage legislation is very popular 
 and those of us who oppose it are regarded as medieval and hard- 
 hearted plutocrats. 
 
 First, let me make clear that the tendency toward minimum 
 wage legislation is strong in every state in this Union. This is 
 the day for short cuts, and the day for political buncombe. The 
 advocacy of a minimum wage apparently is one of the best oppor- 
 tunities for combining these two. The public will, in any case, 
 pay the bill, so there is nothing for the employers to object to, 
 provided they are all treated alike. Moreover, a minimum wage 
 will tend to eliminate apprentices, and may make it unnecessary 
 for employers to train their own clerks. If a young person has 
 initiative enough to learn, he or she will automatically graduate 
 into the minimum wage class. If not, this young person will be 
 brushed aside. In either case, the responsibility will fall upon 
 the employee and not upon the employer, when the minimum 
 wage is in effect. Therefore many say: " If the public demands 
 a minimum wage, why not grant it? It is the public which must 
 eventually pay the bill." 
 
 With universal minimum wage legislation, increased prices will 
 take care of the increased expenses and leave profits the same ; in 
 fact, those who figure profits on a percentage basis should have a 
 greater profit under the minimum wage system. Hence, from the 
 employer's point of view, there is little to fear from minimum 
 wage legislation. For this reason we advise clients not to oppose 
 the trend of the times nor say anything in this connection which 
 may offend public patronage or cause customers to think that they 
 are employing under-paid women. Were it not for the opposition 
 of some conservative labor leaders, who have begun to see a 
 danger in the minimum wage, its general adoption would be a 
 foregone conclusion. When its adoption becomes general, how- 
 ever, the reaction may be as severe. 
 
 What is to become of young apprentices and old employees who 
 cannot earn even the minimum wage and will therefore be thrown 
 out? In hundreds of families, even the two-dollar cash girl is 
 helping someone else, and in such cases, it is the combined wages 
 of the entire family that should be treated as the unit. If only 
 
790 
 
 Appendix III 
 
 I 
 
 M 
 
 ■ 
 
 
 the efficient are to be given employment, how can any one learn 
 to be a skilled worker? If one must be shelved after he or ahe 
 becomes too old or feeble to be capable, who is to give the needed 
 support? Employers very well know that it may be to their ad- 
 vantage to have one twelve dollar a week woman who wiU not 
 need to be watched and taught, rather than two irresponsible six 
 doUar a week girls I Moreover, employers may, when the six dollar 
 girl deserves a raise, drop her, and employ another at the same 
 wage, instead of giving the older one promotion. In practice, can 
 the minimum wage be limited without unconsciously limiting the 
 maximum wage also ? 
 
 U the law would send home those girls who are working for a 
 low wage simply to provide themselves with a- few luxuries, since 
 their fathers are quite able and willing to support them, or send 
 home girls who are really needed in the home to assist in the 
 housework or to lift the burden for overworked mothers, well and 
 good Such girls should be taken out of the stores and offices 
 m order that their places may be given to those who must help to 
 support others or who have no one to look to for aid in the battle 
 of Me. But no such good result comes from minimum wage 
 legislation. ° 
 
 When England, Germany, and United States sent commissioners 
 to New Zealand and Australia to investigate the results of their 
 minimum wage laws, not one could give a wholly favorable report. 
 Ihe favored complaints that the law causes jealously and hatred, 
 that the old must starve, and the young have no incentive to spur 
 them on to effort Those unworthy of the minimum wage are 
 forced into the sweat shops, while those who are hired for such 
 wages, if indolent, do not try to improve and are discharged for 
 laziness. In many New Zealand factories unskilled workers are 
 dropped at the end of three trial years in order to evade the law 
 ^ ^ In various manufacturing planta where employers have, voluntar- 
 J^ ily or by law, adopted a minimum wage system, they freely ac- 
 ^c^ knowledge that they will employ only skilled labor, as they can- 
 not afford to teach incompetents with universal minimum wages 
 Should the State be compelled to support those who will not 
 earn a minimum wage? The State is you and I. One woman 
 may be discharged on account of a disposition which makes it 
 
 Minimum Wage Symposium 
 
 791 
 
 I 
 
 impossible for others to get along with her ; must the rest of us 
 who can keep our temper and earn our living pay for her support? 
 Another will not work in a certain locality, nor where she cannot 
 have certain amusements; must we, who sacrifice our preferences 
 and deny ourselves pleasures, pay taxes to keep her in idleness? 
 Some of the greatest people the world has ever produced began 
 earning at an almost incredibly low wage figure; shall such have 
 no opportunity to find out their own possibilities? In Massa- 
 chusetts, 79 per cent, of the women earn less than $459 a year. 
 Must the remaining 21 per cent help to support this large majority ? 
 Germany, France, and Belgium pay to their workers only a 
 fraction of the wages paid in America, yet they have no such prob- 
 lem. This is because they have a regular system of insurance 
 against old age, illness, and want, so that all, including the sub- 
 averages, are compelled to look out for the future by having a 
 certain per cent of their pay deducted for old age insurance, and 
 another for ilbess insurance. It does no good for state commis- 
 sioners to decide that no woman can live wholesomely on less than 
 ten dollars a week. The fact remains that many have to live in 
 some sort of way on less than that, for many are only beginners, 
 others are hoplessly inefficient, or are old and not worth even the 
 minimum wage suggested. Some system of insurance is far more 
 practical. 
 
 In the long run, the wage question can be settled gradually only 
 through education and religion. If we will grasp this fact and 
 keep it constantly in mind, we shall have no trouble ; but if we 
 experiment on various " get rich quick " plans for employees, it 
 will be necessary to retrace our steps at much expense. 
 
 Employees must learn that a continued increase in wages is 
 absolutely dependent upon increased efficiency and greater econ- 
 omy and that only education and training can increase the effi- 
 ciency of the masses. On the other hand, employers must learn 
 that the present capitalistic system is inhuman, wasteful and un- 
 just, and that only when recognizing this can they irdelligenJtly 
 negotiaie with labor. Furthermore, employers of labor must rea- 
 lize that human righto are more valuable than property rights 
 and that really " it is more blessed to give than to receive.'' 
 
A 
 
 : ii 
 
 ^|i 
 
 *ii 
 
 ■fii 
 
 T92 
 
 ill 
 
 4- 
 
 Appekdix III 
 
 From reports coming to this organization from all parts of the 
 country, 1 am convinoc.l that the solution of the wage question 
 must he worked out through co-operation and not through legis- 
 lation. We employers must 1« ^villing to make some sacrifices 
 and take our pleasure in helping our employees rather than in 
 building up a name or fortune for ourselves. Likewise, the work- 
 ing people, if they are to coK)perate with us, must endeavor to 
 develop m ..haracter, health, and usefulness, so as to be worthy of 
 the partnership. Hence, I say that all these artificial means, such 
 as min.umm.wage and compulsory arbitration, will be found to 
 fail. I he solution will come when all of us, employers and em- 
 ployees, have more of the right kind of education and righteous- 
 uess. Ihis, however, does not mean '^ book-learninc ' and 
 '• theology." ° 
 
 STATE.V1ENT OF M. M. BrUERE 
 
 This institution, the National City Bank, of which Air. Vander- 
 lip IS president, employs bchvcen 60 and 75 women in die 
 capacity of stenographers, typists, tiling clerks, telephone, multi- 
 graph and addiessograph operators. The minimum salary paid in 
 iniy department is $12 per week. It is regarded by the manage- 
 ment as axiomatic that to secure competent service a commensurate 
 wage must be paid. Moreover a regard for the development and 
 the well being of the entire working staff as an important factor 
 lu maintaining the service of the bank at a high degree of 
 eftcieney is expressed in the provision free of cost to all em- 
 ployees of — 
 
 1. A hot lunclieon. wholesome and ample, attractively served 
 
 -2. Educational classes designed to enlarge the opportunity and 
 increase the capacity for service of the members. 
 
 3, Social opportunities which it is tl.ought engender a sense of 
 lelJowship and a finer esprit de corps. 
 
 It is conceivable that certain difficulties may arise from a mini- 
 mum wage law in cases of highly organized irades, but for those 
 trades not well organized, or not at all organized, protection from 
 exploitation and insurance against starvation wages would seem 
 easily to outweigh even such difficulties as in the wisdom and 
 experience of the franiers of the law might not be anticipated. 
 
 Minimum Wage Symposium 
 
 793 
 
 Statement of Frank R Chambers 
 
 It has always seemed to me that any attempt to fix a minimum 
 wage scale by legislation would prove abortive because funda- 
 mentally the scheme is impractical. 
 
 Assuming, however, that such a measure were attempted, the 
 effect would be to deprive the inefficient of the possibility of earn- 
 ing such wages as they now receive. This has been the result 
 where trade union rules have enforced a minimum wage. 
 
 Might it not be that such a measure would tend to drive out 
 the small manufacturer and trader, who now maintains his busi- 
 ne88 by the employment of low priced labor and who would find 
 it impossible to compete with the larger operators upon an equal 
 wage scale ? Then again, we have to deal with a steady influx of 
 immigrants who must live and who can only earn small wages 
 until they have acquired efficiency. 
 
 I feel that the State is doing its full duty when it supervises 
 the conditions under which its citizens work, so as to provide as 
 far as possible for their safety and health and the education of 
 the young. 
 
 . Statement of Richard S. Guilds 
 
 I I am the director of a small corporation employing a number 
 
 of girls in Brooklyn to whom we pay less than the $9 a week which 
 
 probably constitutes a living wage in that borough. On the other 
 
 hand, we pay $1 to $1.50 per week more than the prevailing rate 
 
 of wages in that labor market That is to say, we can hang out a 
 
 sign in front of our factory saying "Girls Wanted — $4.50 a 
 
 week " and get applicants galore who are capable of doing the class 
 
 of work which we require. I am convinced that they are the same 
 
 girls that come to us when we hang out the sign saying " Girls 
 
 Wanted, $6 per week.'^ We pay the higher wage as a concession 
 
 to our own self-respect, and because the business in recent years 
 
 has become profitable enough so that we can easily afford it If 
 
 our competitors would raise their wage standards, we would be 
 
 willing to go higher than they do with our wage rate, on the 
 
 principle that we are strong enough to accept a certain amount of 
 
 handicap in this matter. 
 
194: 
 
 Appendix III 
 
 i; 
 
 I"! 
 
 .:■! 
 
 I 
 
 i 
 
 The labor element constitutes by far the largest element in the 
 cost of our product The retail price is firmly fixed by custom. 
 We would willingly accept a l^al minimum wage which applied 
 to our competitors as well as to ourselves, feeling confident that 
 such an increase in labor cost would extinguish some of our com- 
 petitors and so broaden our market in a way that would give us 
 an opportunity to make enough money to balance the increased 
 labor cost We are the ablest company in this particular business 
 and make the best product and have the largest proportion of 
 sales, but there is a limit to the amount of work for humanity 
 which we can do or which we could properly be asked to do. Any 
 minimum wage proposition which will protect us from the present 
 unfair competition of those who do not scruple to pay the lowest 
 wages possible, will be a boon to sound industry and wholesome 
 trade conditions. 
 
 Statement of Henry Clews 
 
 I heartily approve of a minimum wage scale for women, and 
 would favor proper legislation to further such a measure, but I 
 do not believe that action should be hasty or that mere sympathy 
 should be the only guide. One of the greatest faults of the labor 
 unions is that they do not grade the workmen into classes: Class 
 1 to include only those who do first class work; class 2 to in- 
 clude those who do ordinary work well, but not so well as to 
 entitle them to rank Al; class 3 to include all not worthy to 
 rank with class 2 either in ability, skill or general fitness. It is 
 a great injustice to a first rate mechanic to gauge his work to the 
 level of an inferior workman, as it stifles his ambition, and natur- 
 ally hurts his pride, which in time impairs his efficiency. The 
 same rule applies to women as well as men. It is no more fair 
 or just to a man or woman who does high class work at the same 
 pay as an inferior workman, than to compel an artist who gets 
 $1,000 for a picture to have the value of such a picture reduced 
 to the level of the production of those who have never painted a 
 picture thought to be worth more than $100. 
 
 Some opera singers command $1,000 a night Would it be fair 
 or just to them, who are known to be the best in the world, to have 
 
 Minimum Wage Symposium 
 
 796 
 
 their remuneration put down to the level of a member of a church 
 choir? This argument can be followed out indefinitely, and it 
 is so convincing that it admits of no denial. 
 
 Yet the Al mechanic is like a fleet, the speed of which is limited 
 by the speed of the slowest vessel in the fleet 
 
 The labor unions have done lots of good and I believe in them. 
 They have been instrumental in having laws passed which have 
 revolutionized the sanitary conditions surrounding workmen; 
 which in itself tends to elevate the race and make better citizens. 
 
 Child labor is a problem which will require the most thoughtful 
 consideration. The theory of those opposed to it is an excellent 
 one. Yet there are thousands of cases where, if the children of a 
 poor widow were debarred from any kind of labor, the family 
 would starve to death. An absolute ban on child labor, therefore, 
 would be unjust and almost criminal. Many sturdy citizens of 
 this country worked hard in their childhood, and have grown up 
 strong and healthy. 
 
 I would suggest that a board of censors should have the dis- 
 cretion of granting special permits to children whom necessity 
 compels either to work or suffer. It is sad that families whose 
 support has been taken from them by death or desertion of the 
 father should suffer want; but suffer thev do, and even children 
 may of necessity be compelled to aid in procuring food and clothing 
 for themselves. 
 
 As I have said, the questions of a minimum wage for women, 
 and of child labor, will require careful consideration, and I would 
 be deeply gratified if a law could be passed that would be equitable 
 and fair to all. 
 
 Statement of James G. Cutleb 
 
 I do not feel that I have any experience or knowledge on the 
 subject which would be of service. 
 
 I am inclined to think, however, that the establishment of a 
 minimum wage would not be altogether satisfactory from the 
 point of view of the wage earner, for the simple reason that if the 
 employer be forbidden to pay less than a certain amount, he will 
 necessarily feel obliged to discriminate against a grade of work 
 
t 
 
 796 
 
 Appendix III 
 
 ■ 
 
 < 
 
 I 
 
 B 
 
 h 
 
 i'l 
 
 'ii 
 
 fi 
 
 r,:r.i 
 
 people whom he might otherwise employ at what he believed their 
 services to be really worth. 
 
 I have the feeling also that there is an unfortunate tendency 
 at the present time to discourage individual effort and individual 
 ability and I am very skeptical as to the possibility of perma- 
 nently advancing the interest of the man who works for wages by 
 legal enactment with respect to his pay. 
 
 Statement of Fkedeeick L. Devereux 
 I have had supervision over the employment and work of em- 
 ployees (both male and female) for eleven years under widely 
 varying conditions. 
 
 The factors which determine the rates of wages are analogous 
 to, but perhaps even more complex than, the factors which deter- 
 mine the price of any other commodity. The fundamental factor, 
 however, is the relation of effective demand to available supply. 
 Wages, as determined by competition, or this fundamental 
 law of demand and supply, do not tend generally to equal what 
 is desirable from the point of view of society as a whole, and a 
 more equitable distribution of the products of industry, if practi- 
 cable, is to be wished for. It is a question, however, whether it 
 is the province of the State to attempt to confine the operation 
 of the law within artificial limits any more than it is its function 
 to decree the minimum price which the farmer shall receive for 
 his grain. 
 
 Any increase in wages beyond the point determined by competi- 
 tion is effected by the prosperity of individual firms, and their 
 policy of admitting their employees to a share of the profits 
 which they have in part created. While this recognition of the 
 employees as partners in the business is conunendable, and seems 
 to be the present tendency, I do not believe that it can be attained 
 through legislation. 
 
 The establishment of an arbitrary minimum wage would not 
 be advantageous to labor, for employers whose narrow-minded 
 policy seems to call for legislative action would find new ways 
 of evading their responsibility, either in a reduction of the num- 
 
 \ 
 
 Minimum Wage Symposium 
 
 797 
 
 ber employed and a demand for increased output, or a levelling 
 of wages in which the wages of the efficient would be lowered in 
 order to pay the less efficient the required wage. 
 
 A minimum wage would work unfairly between two companies, 
 one of which gives careful attention to the working conditions 
 and welfare of its employees, makes adequate benefit provisions 
 in case of sickness, accident, retirement or death, and interests 
 itself in the training and advancement of its employees, and one 
 which contents itself with the payment of the wage prescribed 
 by law and takes no further interest in its help. 
 
 No matter how low the minimum wage that is adopted may 
 be, there will be some in all industries who are not worth that 
 wage. The result will either be a loss of employment to this 
 class, or their payment at a loss to the company, which must 
 recoup the amount from the more capable employees, who thus 
 are actually injured by the law. 
 
 The increasing interest taken by employers in their employees 
 is one of the most encouraging features of the times. The far- 
 sighted employer is beginning to see that low wages do not neces- 
 sarily mean cheap output, and I believe that there is spreading 
 among employers as a class an enlightened self-interest which sees 
 that a contented, well nourished employee is more efficient than 
 a worried, poorly fed one. 
 
 This tendency should be encouraged and extended by proper 
 publicity and recognition, rather than by a resort to a minimum 
 wage law which would certainly be a detriment to the more 
 capable classes of labor, would benefit no class permanently, and 
 might interfere with the present tendency to so develop employees 
 in a proper working environment that they may not only receive 
 but deserve better wages. 
 
 Statement of H. Dowib 
 
 The question you have asked is one of many, many sides to 
 consider. 
 
 I believe one's labor is his capital. The value of same depends 
 not only on quality but conditions of the market. 
 
' 
 
 ■*l 
 
 ;f 
 
 i /' I 
 
 M 
 
 798 
 
 Appendix III 
 
 Conditions govern the markets of all products. For instance, 
 at present thousands would be willing to do any thing for a price 
 far below r^ular wages, and still nothing to da 
 
 I believe to be successful all must have an incentive to do better. 
 This does not exist in equalizing wages. In all large cities we 
 have always a surplus of unemployed. 
 
 What causes the low price paid ? It is our gates are open to 
 the world to enter and by thousands come those who can live and 
 save on an amount an American could not and be respectabla 
 
 Close the gates until such time as we may be not only able to 
 civilize but naturalize what we have already. We know a boy 
 brought up in poverty may rise to be president We know a boy 
 brought up in poverty may become a great financier. Hence let 
 a good man, boy or girl have the opportunity given them to rise 
 not controlled by wages which will be for the averaga We pay 
 today some men 10 per cent, a week more than labor unions would 
 say we must pay. But we, like the ones we Ure, are free 
 Americans, 
 
 Statement of Nathan Drew 
 
 A law, of course, cannot compel the employer to employ, and 
 naturally he will not employ such persons as in his judgment are 
 not worth the minimum rate prescribed. The provision for such 
 persons should be part of any legislative program looking to a 
 general minimum wage, for if the State arbitrarily denies em- 
 ployment to a certain class of its citizens, it must take some steps 
 to take care of them. 
 
 At present, the legislative power in the direction of minimum 
 wage laws is limited by certain legal principles, and the power to 
 pass a general minimum wage law would have to be secured by 
 constitutional amendments, both of the State and probably of the 
 Federal Constitution. Personally, I believe that society at large 
 would suffer a greater injury in taking away from the individual 
 the right to work for any wages he might at the particular time 
 be wiUing to work for, than it would gain through the operation 
 of a minimum wage law. After leaving college, I worked six 
 
 y 
 
 Minimum Wage Symposium 
 
 799 
 
 months for nothing and for a year and a half after that at $20 a 
 month. This period, of course, was largely a period of practical 
 apprenticeship in my profession, but this period of apprentice- 
 ship is just as essential to manual trades as to professions. 
 
 All the above is on the practical side of expediency. As a mat- 
 ter of governmental policy, it is my belief that the purpose of 
 government is to afford to the individual, within certain limits, 
 the fullest and freest exercise of individual rights, and to deny 
 the right of individual contract in a matter so important as the 
 selling of personal service, except as that right is now defined by 
 our courts within the clear limits of the demands of health and 
 posterity, is, I believe, an assumption of a function not consistent 
 with the true purpose of government. It is far better, especially in 
 this age and day of large opportunity and the immensely increased 
 production of wealth over that of former times, that the individual 
 be encouraged to perform a service for society which will entitle 
 him to a living under the workings of economic laws rather than 
 to make him a ward of the State, a parasite upon the productive 
 efforts of others, and so paralyze his individual ambition and pos- 
 sible development. 
 
 Statement of E. F. DuBruhl 
 In all discussion of the minimum wage, I have never yet found 
 an advocate of a legal minimum wage who seemed to realize that 
 the employer is, after all, an intermediary, taking his pay 0|Ut of 
 the price that has to be paid for the article by the ultimate 
 consumer. 
 
 If restrictions as to wages are such, whether imposed by law, 
 >bor unions, or any other forces that the cost of production is so 
 high that the goods cannot be sold to the consumer for a price that 
 will bring in not only the labor cost, but all expenses in addition, 
 and a profit satisfactory to the employer, be he a merchant or 
 manufacturer, then the opportunity for employment at any wage, 
 high or low, is correspondingly restricted. 
 
 The narrowing of the market may result in bankruptey, or the 
 voluntary withdrawal of the employer, but such narrowing of the 
 market is bound to result I am thoroughly familiar with the 
 
800 
 
 Appendix III 
 
 ii 
 
 
 * » 
 
 union arguments for a minimum wage, but 1 have only to point to 
 the fact that the only place where the unions have successfully been 
 able to fight the economic trend of establishing a minimum wage 
 was by the establishment of a labor monopoly in the building 
 industiy. The building industry lends itself to the labor monopoly 
 because it is of the nature of a laud monopoly. The building must 
 be built in a certain phice, and if through political control, intimi- 
 dation of non-union workers, aided by the comparative financial 
 weakness on the part of the building contractors the labor mo- 
 nopoly is established, the ultimate results are such as San 
 Francisco is now su tiering from. While wages were $10 per day 
 for a short time, there is no building going on, because buildings 
 built with such labor cannot pay a satisfactory return on their 
 cost 
 
 Now to my mind, the same thing applies to the minimum wage 
 proposal, whether in department stores, or in any other service. 
 Wherever a minimum has been established, the subnormal workers 
 are promptly eliminated. It is no longer the business of the em- 
 ployer to have any thing to do with them as an employer, although 
 the State may tax him to put them in tlie alms house, or otherwise 
 support them in absolute idleness. As a citizen, he may sincerely 
 regret that a girl capable of earning $5 per week is not capable 
 of earning $6, but as an employer he is forbidden, by laws that say 
 he must pay $G per week, from hiring her at all. What becomes 
 of her had better be looked into and be anticipated. The same with 
 the old worker who is no longer able to earn the minimum. She 
 can starve in the attic for all society cares because society through 
 this law has told her she must no longer work at all, that being 
 practically the effect on that class of people. 
 
 Then those who are able to earn the minimum soon find that the 
 minimum is also the maximum, and the law designed for the bene-' 
 fit of the subnormal in attempting to compel the employment of 
 the subnormal at a normal wage simply restricts the opportunities 
 of the supernormal of earning normal wages, and as soon as the 
 demand on the part of the supernormal employees for supernormal 
 wages becomes pressing, they are eliminated and replaced with 
 others who are merely normal. What becomes of them is also a 
 (|uestion for tlie advocates of the minimum wage to ponder. They 
 
 I 
 
 Minimum Wage Symposium 
 
 SOI 
 
 may shift around from one place to another, but on the whole they 
 will receive only a normal wage, which has also been made the 
 minimum. They will soon learn to not deliver more than normal 
 service, so that there is a leveling down of not only the wage, hut 
 also of ambition and progress. 
 
 Statement of Dunn & McCarthy 
 
 It is our most earnest opinion that the condition of the workman 
 could be very, very materially improved and possibly that of the 
 employer, himself, if such deteriorating influences as saloons, dance 
 halls, gambling devices were either throttled or entirely removed. 
 We believe that you can l^slate until you get black in the face, 
 without accomplishing very much real good, so long as one class 
 or body of citizens are allowed to prey upon the weaknesses that 
 unfortunately exist in most of us. 
 
 It may be possible that some form of investigating and pub- 
 lishing of actual and specific facts in regard to wages would have, 
 if fairly done, a good infl,uence on the manufacturer in keeping 
 him keenly alert as to his actual wage conditions. 
 
 Whether or not the conditions of the workman as a whole would 
 be unproved this way, is an open question but the conditions on 
 paper would certainly be better as it would result in the manu- 
 facturer eliminating the more inefficient employee with low earning 
 capacity and would tend to make him more careful to keep steadily 
 and constantly employed, especially in piece work industries, a 
 smaller number of people with good earnings rather than a large 
 number, less steadily employed and with less earnings. 
 
 The tendency now is, when trade is quiet, for a manufacturer to 
 retain his usual number of employees, with the natural result that 
 the wages of each is quite materially reduced according to the 
 actual condition of business. We doubt if it is good business to 
 handle it this way but one is naturally loath to lay off people that 
 have been with him for some time and furthermore, he has in mind 
 that business will improve quickly and that he may need all the 
 employees that he now has. 
 
 Vol. 1 — 26 
 
802 
 
 Appexdix III 
 
 
 li 
 
 p 
 
 ) 
 
 M 
 
 'I 
 
 -y 
 ill 
 
 1! 
 
 I 
 
 To sum the matter up, any legislation will be most welcome that 
 will tend to improve trade conditions or the character and efficiency 
 of the employee and employer, alike. Whether this can best b« 
 done by direct or contributory legislation, you will be better able 
 to decide after your investigation. 
 
 Statement of Alex. Eisemann 
 
 With regard to the minimum wage, I would state that I believe 
 that if a properly enforced minimum wage law was passed, it 
 would be welcomed by a great many manufacturers. However, a 
 law which would be obeyed by the representative manufacturer and 
 disregarded by smaller and less scrupulous business men, would 
 certainly not be approved of by the former. As a means of en- 
 forcement, it may be that the publishing of the names of employers 
 who violate the law (as, you are no doubt aware, is being tried in 
 Massachusetts) or a criminal penalty for violation would bring 
 about its enforcement but personally, as an employer, a law passed 
 but not rigidly enforced would only find acquiescence among the 
 larger and more representative employers whom, I understand, 
 it is not so necessary to reach because of the fact that such repre- 
 sentative houses are already paying wages higher than what the 
 minimum rate would probably be. A prison penalty for violations 
 would to my mind be the only sure way of enforcement. I do 
 not think a fine or even public denunciation of offenders would 
 be an adequate means of enforcement for such employers who 
 attempt to circumvent the law. 
 
 Statement of A. Lincoln Filenb 
 
 I have your inquiry regarding the minimum wage. Personally, 
 I believe that it is one of the most important subjects before our 
 legislators to-day and I want to answer it at some length from two 
 points of view. First, its bearing upon our personal experience; 
 second, its relation to the question of industrial advance in general. 
 
 We recognized its possibilities some years ago, and after careful 
 investigation adopted the principle in our business. Since then 
 
 Minimum Wage Symposium 
 
 803 
 
 we have watched its effect patiently and I think I may say to-day 
 that the results have been satisfactory. We have found that it 
 has been a large factor in raising the standards of our employees; 
 in making them more contented at their work, and in keeping 
 their efficiency steadily on the upward trend. All these, of course^ 
 are good assets for any business. 
 
 In the broader question, however — whether or not it is wise to 
 establish a standard minimum wage in diversified industries in a 
 State — I recognize that there lies possibly some room for a 
 difference of opinion. Unquestionably the adoption of such a 
 standard would compel the employer to demand greater efficiency 
 from the individual employee. This would result temporarily in 
 an increased problem of unemployment, to deal with which the 
 State must adopt a well considered program of legislation. Such 
 a program would necessarily include part time schools, vocational 
 education and vocational guidance as a part of the educational 
 system. Where such schools and courses have been introduced 
 they have resulted in a voluntary increase in the number of years 
 of schooling per pupil, and this for two reasons. The pupils them- 
 selves can see that their study is directly fitting them for their life 
 work, and their parents recognize that, while the pupil enters 
 industry at a slightly later age, the increased preparation for a 
 specific job means increased compensation, with less frequent 
 changes of employment, and less chance of bringing up in the so- 
 called blind alley employments. From the standpoint of the 
 employer all this means the prevention, not only of inefficiency, 
 but of the enormous economic waste which arises yearly from the 
 continual change of personnel with its ever-recurring training of 
 new men for a given job. 
 
 Necessarily, also, there will be brought to the attention of the 
 legislators the problem of the unfit To deal with this question 
 supplementary legislation of an educational and protective nature 
 must be added to the enlarged educational program I have out- 
 lined. In this connection, I should like to see a careful study of 
 the present conditions with a view to finding out if the unfit should 
 or should not be handled as an entirely separate problem and 
 whether their protection and partial or entire support would be 
 better administered by State or by private agencies. 
 
d 
 
 I 
 
 i 
 
 I 
 
 I: 
 
 
 ii 
 
 it; 
 
 n 
 
 t. 
 
 I' < 
 
 "M 
 
 r 
 
 804 
 
 Appendix III 
 
 In spite of all these factors, the influence of which on the ques- 
 tion has still to be tasted, I can imagine a situation in industry 
 where the best efforts of employers and employees may still make 
 it impossible to adjust the wage level except by direct reference 
 to the consumer through an increase in the price that he has been 
 accustomed to pay. Should he refuse to uphold the manufacturer 
 in such a case, either the community must bear the burden of the 
 increased wage and price of a commodity or decide to do with- 
 out that industry. 
 
 But on the whole, I believe that, while when first adopted a com- 
 pulsory minimum wage may cause some inconvenience to industry 
 and some hardship to the individual worker, the improved stand- 
 ards imposed on both will in the end so benefit l>oth that, after a 
 reasonable trial, neither would be any more in favor of abolishing 
 it than we are to-day in our business. 
 
 Statement of D. M. Feederiksen 
 Wages depend in the first place on the output, that is, the 
 profitableness of the industry. The laborer gets a share, and the 
 size of his share depends primarily on the profitableness not only 
 of the particular industry that he is engaged in, but on every 
 industry in that community. This is why wages are higher here 
 than in Europe, because on the whole our industries produce 
 more — partly because our natural resources are greater, partly 
 because our efficiency, skill and inventiveness are greater, so that 
 each man produces more, and therefore also gets more. 
 
 There are numerous tendencies working to give the laborer the 
 share that is fairly his, and on the whole I beUeve he gets it, ex- 
 cept in certain industries where, by means of foreign labor, gradu- 
 ally the condition of the laborers has become worse, and the re- 
 muneration less. This is notoriously true of such industries as 
 the coal mines, the Chicago stockyards, and in general any in- 
 dustry where a large class of low grade foreign labor is employed. 
 On the other hand there are certain industries where the em- 
 ployers have secured a monopoly, either by means of combina- 
 tion or patented inventions, or a control of necessary, natural re- 
 
 Minimum Wage Symposium 
 
 805 
 
 sources, and I think it will be found that some of our leading 
 trusts (Standard Oil, glass blowers, etc) are paying more than 
 ordinary market wages for the reason that they have a cinch on 
 the consumers and are able to do so, and prefer to pay more than 
 average wages rather than have trouble with their workmen and 
 have their business methods exposed. 
 
 General wages cannot be raised by governmental action any 
 more than good crops can be secured by governmental action, 
 but in any special instance wages can be raised at the expense of 
 the rest of the community, such as for instance it would be pos- 
 sible to raise the income of the producers of any one kind of crop 
 by a combination or a law which arbitrarily raised the price 
 that was to be paid for that article. 
 
 The tendency of such action would be to reduce general or 
 average wages, as the whole community would pay for it, and 
 therefore it can only be employed in exceptional and specific 
 instances, such as possibly women in department stores, or 
 minors, and even in such case it is a question whether it is de- 
 sirable to interfere, as in many of these cases the low wage that 
 is earned in this country in such employments corresponds to the 
 unpaid labor that is furnished in Europe in similar cases, where 
 frequently a person has to work for years without pay for the 
 purpose of learning the business. 
 
 Personally I believe that the legislatures of the various states 
 can establish minimum wages as well as anyone else, and would 
 prefer to have a commission with merely advisory powers in 
 each state, to recommend to the legislature exceptional cases in 
 which minimum wages should be established. I believe such 
 commission should have the fullest power to examine books, ad- 
 minister oaths, etc. ; should initiate investigations upon a peti- 
 tion signed by say ten citizens, but I do not believe the commis- 
 sion should have the power to declare a minimum wage, but 
 think this should be done by act of the legislature, as I con- 
 sider this a remedy that can only be applied to a very limited 
 extent. 
 
 The employer will always be able to recoup himself by raising 
 his prices, except in cases where he is competing with outside 
 manufacturers that are not subject to the law. It need in no 
 
806 
 
 AppEin)ix III 
 
 M, 
 
 i 
 
 li! 
 
 w 
 
 \ 
 
 waj interfere with the right of others obtaining a higher wage 
 than the minimum, but might have the effect of causing the dfs- 
 charge of inefficient and incompetent workers, that might other- 
 wise be employed at less than minimum wage. 
 
 I am not personally an employer of labor to any great extent, 
 as I am a colonizer and farmer, but am a student of economic 
 subjects, and therefore know the foregoing to be the true prin- 
 ciples of minimum wage legislation. 
 
 Statement of F. X. Kuchlee & Son 
 Our experience the past twelve years has been with girls and 
 women who are mostly unskilled and the class of goods made 
 does not warrant paying any higher wages than we pay at present 
 on account of the close competition. We find that most of the 
 girls of parents bom in this country are very poor workers as com- 
 pared to girls of foreign-bom parents. In fact, we give higher 
 wages to Italians than we do to American girls, as the American 
 girls do not seem to care whether they work or not ; also they are 
 very unreliable, etc. 
 
 We know that if there is a minimum wage law passed in thia 
 State the bulk of a certain class of goods that we make would be 
 discontinued, and these goods would be made in neighboring stages 
 where there are no laws to prevent the production of same; in 
 fact it would amount to driving not a few manufacturers out of 
 the State or out of business. We, for one, would stay in the State, 
 but we would produce only certain lines of goods and put out of 
 employment about fifty girls. 
 
 We are very much in favor of anything that tends to improve 
 labor conditions, and in fact try to be ahead of the law in a good 
 many instances. 
 
 If our neighboring states would pass similar laws we would be 
 on an equal basis, and we could continue the manufacture of our 
 present lines, but would have to raise the cost to the consumer by 
 cutting the size of the pieces of candy to get out the extra costs, 
 as in our business competition is so keen at the present time that 
 it barely pays a man for the hard work and capital invested to 
 bother and worry about keeping a lot of help employed. 
 
 Minimum Wage Symposium 
 
 80' 
 
 Statement of Adolph Lewisohn 
 
 I have yours of October 3rd, asking me to give you my views 
 on the subject of minimum wage legislation. I am not in a 
 position to make a memorandum of any great length on this sub- 
 ject, as I have not studied it in detail though I have given some 
 thought to the general problem. I would therefore only care to 
 state my general views. 
 
 My view is that it is a sound policy if confined at the start to 
 certain underpaid industries. It seems to me that, if the mini- 
 mum is not made too high, it may in those cases be possible to 
 secure wages more adequate to the needs of the workers without 
 reducing the consumption of goods produced by such workers and 
 thus indirectly throwing a large number out of work. Any too 
 radical provisions might prejudice such legislation by causing 
 serious economic readjustments, whereas if done in a conserva- 
 tive way it might work quite some benefits. I understand that 
 experience has shown pretty thoroughly that where minimum 
 wage legislation has been enacted conservatively and with a view 
 to proper economic necessities, it has been quite effective and 
 successful in standardizing wages in the industries covered by 
 such legislation and protecting those wage earners that are unable 
 to bargain collectively. 
 
 Statement of Robeet Luce 
 
 Let me preface my reply by saying that I am president and chief 
 owner of the Press Clipping Bureau known by my name, employ- 
 ing about one hundred persons, chiefly young w9men, in offices in 
 New York and Boston. In the course of the twenty-six years of 
 its existence, I have been in contact with the conditions of such 
 employment in those cities, all the time in Boston, twenty-one 
 years in New York — as well as for a few years in Cincinnati, 
 Chicago and Denver. Purely as evidence that I am not un- 
 acquainted with the problems involved when looked at from other 
 points of view, I take the liberty of saying that I served nine 
 years in the Massachusetts Legislature, was appointed Chairman 
 of the Massachusetts Commission on the Cost of Living, and as 
 Lieutenant-Governor of the State was for a year a member of 
 
Ill 
 
 ! W 
 
 I 
 
 t\ 
 
 
 I .'I 
 
 II 
 
 'J 
 
 80S 
 
 Appendix III 
 
 the Governor's council. If the conclusions reached as a result of 
 ttus somewhat varied e^^rience can be of any help, I shall be 
 
 Perhaps 500 young working women have come more or less 
 close y under my observation during this time. I have no reason 
 to beheve that five of them were wholly dependent on their wages. 
 W e have preferred to employ them fresh from school. Almost 
 invariably their earnings have gone to swell a family income. 
 This IS a point that in the discussion of the minimum wa.^e is 
 otten lost from sight. In the case of the great mass of the wtJn 
 wage earners of the country, it is a question of the family and 
 not of the ^dmduaL Much of the argument, however, asLnes 
 that the individual is the social unit, and not the family. 
 
 Our girls rarely stay with us many years. Some time ago I 
 made a somewhat laborious calculation and found that they 
 averaged to stay with us forty-four months. Conditions may have 
 Ranged smce then, but not greatly. I have been told we do 
 better than the telephone company, where the average is said (if 
 I remember right) to be about thirty-three months. The tele- 
 phone girls have greater opportunity for speedy matrimonv. That 
 IS not a matter of humor, but of economic fact. My obse'rvation 
 18 that practically all young women engage in wag^rning effort 
 as a makeshift, with matrimony as the looked-f or relief 
 
 This puts young working women, as a class, on an altogether 
 different plane from young working men. Their employer Lows 
 
 l^e all the capital he has invested in training. Every time one 
 of our girls goes out of the door after her resignation, we see go 
 with her, on the average, several hundred dollars of our capital 
 mv^ted m making her an efficient worker. This of course we 
 must recoup. It is therefore natural, logical, and inevitable that 
 a worker of this class shall receive less pay than one of the class 
 th.'it brings some permanence of employment, namely, men. 
 
 My business, while giving me a living, has never paid for any 
 
 ength of time more than the normal return, taking into account 
 
 the usual conditions as considered, for instance, by appraisers of 
 
 busings ejates. If we are to pay higher wages, either profits 
 
 must fall below the normal, finally resulting in the devoting of 
 
 Minimum Wage Symposium 
 
 809 
 
 our energies to some other field, or prices must be raised. If we 
 can raise prices without loss of business, the consumer will bear 
 the burden, of course. This may be the just and useful outcome 
 of a minimum wage law. I should be very sorry to be thought 
 opposed to such a result. I should be very glad to see all our girls 
 get more money. If my competitors are, in the various states 
 where competition exists, put under the same conditions, I shall 
 cheerfully take my chances. But the economic possibilities for 
 the girls themselves seem to me of enormous consequence. 
 
 Under the competitive system each wage-worker gets, normally, 
 the equivalent of the benefit he or she confers on society by labor. 
 The serious question is this, to my mind : How about the worker 
 who by reason of physical or mental inefficiency is incapable of 
 conferring on society by labor a benefit equal to the minimum 
 wage proposed to be enforced by law ? If the community is pre- 
 pared to make up the difference, by public charity or otherwise, 
 well and good. But will not the cost be tremendous ? 
 
 Statement of K. B. Mathes 
 
 In our industry (novelties and fancy goods) we employ both 
 males and females, and of various ages and various skill and the 
 matter of a minimum wage scale has received considerable 
 thought. I am convinced legislation along this line would be the 
 worst possible thing and would not be practical. My reasons for 
 forming this opinion are as follows: 
 
 In the first place, it is a fact that in every industry you will 
 find employes whose intelligence and skill are below the average. 
 There is a larger proportion of this class of people than the average 
 individual has any idea of, and when times are good these people 
 are almost always employed and are usually paid what they are 
 worth, but to fix a minimum scale would almost eliminate this 
 class of people from employment in the State. I believe this is 
 one question that needs very careful consideration. 
 
 It seems to me even if this law were to be enacted that it 
 is a most inopportune time to do it now, or for the next five or 
 ten years. We are just now beginning to realize what the new 
 
810 
 
 '•■■ 
 
 1 1 
 
 !.i 
 
 i 
 
 
 Appendix III 
 
 tariff law means. I am satisfied it will take five years for us to 
 fully realize the workings of it. I cannot see, judging it from 
 every point, and having listened carefully to what has been said 
 by all of the heads of the manufacturing establishments in 
 Batavia, who are now in an association, how this new taritl' law 
 can help but make some very important changes. iSomething has 
 got to happen, either we must raise our prices or else lower our 
 cost of production. Nine industries out of ten are affected in 
 some way or another, and it is my opinion this is what is the 
 matter with the country today. 
 
 The importation of foreign merchandise is increasing. This is 
 due to the fact that they can now be bought abroad cheaper than 
 they can be bought at home, and the reason of this is that the 
 labor abroad does not begin to cost as much as it does here. Now, 
 to come along on top of this and especially on top of the recently 
 enacted Workmen's Compensation Law with a law to fix wages, 
 that is to say, what the minimum must be according to law, 
 would be the " last straw." 
 
 As near as I can ascertain from the sentiment of my associates, 
 not one of them is against proper legislation, but it seems to me 
 this State has worked itself up into a l^slative frenzy or 
 " frenzied legislation " if you please to call it such. We are going 
 fast and furious, without understanding or comprehending the 
 consequences. 
 
 I cannot imderstand how a law such as is suggested bv vour 
 letter would be of any possible benefit. In normal times when 
 there is a steady demand for merchandise, this question of labor 
 is absolutely bound to regulate itself, and all of the minimum 
 wage laws would be of no avail when times were bad. Without 
 this law, those who are not competent to earn what would prob- 
 ably be determined as the minimum wage would be employed, and 
 they are just the class of people that should be employed and en- 
 couraged, otherwise if they were thrown upon the public at 
 large without employment, crime would increase. I think these 
 are points that are very worthy of consideration. 
 
 Another point that certainly should be taken into consideration, 
 is the fact that the average female worker is not dependable. In 
 many of the industries she must be taken into the shop and 
 
 Minimum Wage Symposium 
 
 811 
 
 schooled for some time, varying of course according to the in- 
 dustry, to allow her to gain knowledge of the business sufficient to 
 be of service, and in my experience covering the last ten years, 
 as a steady employer of female labor, I am convinced that it would 
 never be reasonable or just to pay the female worker as much as 
 the male worker, even though they performed the same labor and 
 are fully as skilled, for the reason that they are not dependable. 
 There are exceptions, and those exceptions are invariably taken 
 care of, but the general rule is, that in five cases out of eight, 
 you will no sooner get one efficient and well skilled than you will 
 politely be given an invitation to a wedding, and then you can 
 begin your work all over again. Now, this is a perfectly natural 
 consequence, and every factory has it to contend with, and how 
 you can consistently make a minimum wage scale to cover such 
 cases is beyond my comprehension. 
 
 Statement of the New York State Ketail Uey Goods 
 
 Association 
 
 Business men are proverbially poor speakers and loath to 
 publicly express their opinions, either by word of mouth or in 
 writing; hence, though not unwilling, we feel a hesitancy to 
 express our opinions at this time. This hesitancy also applies 
 to workers, who, like business men, find little time from out of 
 their busy days to speak or record- their thoughts. It will not 
 be strange, therefore, if the publicly expressed opinions should 
 seem to preponderate in favor of standardizing wages by legisla- 
 tion, because most of the opinions so expressed are those of 
 theorists, social workers and professional writers — all public 
 speakers — and are not the thoughts of practical workers, nor 
 those of men conducting businesses. 
 
 Establishing a minimum wage by legislation must be regarded 
 as an innovation and experiment in l^islation in this and other 
 countries. Its most ardent advocates can hardly point anywhere 
 to its complete success, and where in other countries it is shown 
 to be partially successful, the conditions of employment and liv- 
 
"irif" 
 
 
 HI 
 
 1 
 
 ) 
 
 
 I 
 
 I 
 
 , '!, 
 
 812 
 
 Appendix III 
 
 uig vary so from ours as not to constitute a proper nor safe guide 
 for Its adoption here. 
 
 Recently some have based their arguments for additional wage 
 on the theory that low wages and immorality are closely alli^ 
 Deep and careful study for more than two years by leading in- 
 vestigators and publicists has shown the fallacy of suchTrgu- 
 ments and that they are baseless, and we mention them only not 
 to seem to evade them. 
 
 It is not our intention here to dweU on the great probability 
 that minimmn wage legislation is unconstitutional, involving as 
 It does the mialienable right of the individual to contract. We 
 believe such laws are unconstitutional - but whether so or not 
 these questions are now before the courts, including the highest,' 
 that 13 the Supreme Court of the United States, and we can trust 
 to their proper decision. We do, however, recognize the verv 
 great difficulty which lies in attempting to standardize so subtl'e 
 a thing as salesmanship or wage^aming power, and if such a 
 thing were possible, because of the personal elements which 
 enter so largely into the problem, it should not be midertakea 
 by the legislature. To attempt to put a fixed value on an un- 
 known quantity is surely dangerous legislation and will in prac- 
 tice be a constant menace to progress, to personal initiative and 
 to development 
 
 A minimmn wage law will in no wise promote additional busi- 
 ness Its effect will be the very opposite. It will limit business 
 and hmit employment We turn our attention for the moment 
 to the minor who has reached the age where some emplovment 
 can be had and who is required to be of help toward the family 
 support The State has given him or her an ordinary educa- 
 tion, but even if it has been of a technical nature, her kciency 
 and capacity to earn a living is very small. We claim that the 
 modern mercantile establishments of the United ^States Have be- 
 come practically extension schools for such minors; that coming 
 m contact with the public through them is in itself a great o^ 
 portunity for education; that training is furnished amid helpfuJ 
 and proper surroundings, and with it is given a reasonable con- 
 sideration; and unless the State provides such places for train- 
 ing, or better places, such opportunities would be lost to tliou- 
 
 Minimum Wage Symposium 
 
 813 
 
 sands needing them; and if the State did attempt to provide such 
 vocational training, it could only be done at tremendous expense. 
 State training could hardly be practical but only a theoretical 
 training at best, because it could not bring its pupils into con- 
 tact with actual conditions. We claim as practical fathers, it is 
 for the best interests of that minor to be brought into touch im- 
 mediately with practical training, and the State should not 
 hinder nor embarrass that minor through wage legislation of this 
 sort 
 
 There are many analogous cases to this, of people, for in- 
 stance, who are not minors. We cite that only of the minor at 
 this time, as we desire to be brief. Facts will show that only a 
 very small percentage of girls or women who receive low wages 
 are without the benefit of family or home support. 
 
 We turn again for the moment to the effect on the minds of 
 many of the young in the event of the establishment of a mini- 
 mum wage by law. We feel that it would carry with it the as- 
 sumption that there is a definite established wage waiting for 
 anyone who chooses to enter employment, creating on the part 
 of some a desire for freedom from parental or hc»ne restraint 
 Home duties might seem more onerous because of this presumed 
 available opportunity. It is a phase of the question to be viewed 
 with apprehension. 
 
 The movement of useful members of rural communiiies to the 
 cities is constantly going on. Will not the glittering "will o' 
 the wisp " of a standard minimum wage be an added allurement, 
 eventually disillusionizing to thousands? If instead, whether in 
 city or country, this young woman, who is fitted for home work, 
 could remain in the home and not have this attraction, would not 
 the effect upon home-keeping be worth consideration? 
 
 We believe a law of this kind will tend to destroy initiative, 
 that it will work against women and in favor of men, and that 
 the State should not put its seal of approval on such discrimina- 
 tion. 
 
 We feel that it would retard the progress of the more efficient 
 workers and that the less capable would be carried at the ex- 
 pense of the others. This will surely result. The moderately 
 capable would in many instances suffer curtailment of work. 
 
814 
 
 l!' 
 
 ! 
 
 { 
 
 Appendix III 
 
 perhaps unemployment, though at present they receive what 
 benefit there is to be had. 
 
 We fear that to establish arguments for minimum wage by 
 legislation, too many times undue stress has been laid on the 
 loivest wages paid, and there has not been properly presented 
 records of the efficient and the successful ; in fact that in investi- 
 gations, too often, arguments have been sought to sustain the 
 idea of minimum wage legislation rather than to approach this 
 important matter from an unprejudiced and judicial standpoint. 
 We do not purpose here to discuss the early days of store-keep- 
 ing with its long hours and low pay, nor the growth to the im- 
 proved, modem, mercantile establishments of today. It is suf- 
 ficient perhaps to quote from a report made to the National Civic 
 Federation in July, 1913, after searching investigation: "Physi- 
 cal conditions in the modern department store conducive to the 
 comfort of the worker, are as favorable as those of any line of 
 trade or industry in this country. There is good reason to be- 
 lieve even that the average is appreciably better, and indeed 
 some of the welfare work is really wonderful." And again: 
 " The average wage paid women employees in New York de- 
 partment stores is appreciably higher than the average of fac- 
 tories, mills, and like industries." 
 
 The general saleswoman's work should not be compared with 
 factory or office work. Her work is light, not onerous; it is not 
 constant, as is the work of a factory employee; she is noi engaged 
 in actual labor to exceed 40 or 50 per cent, of her working hours; 
 she has during the day many periods of rest from labor; she is 
 allowed hours off each day for shopping; she is allowed time off, 
 without docking, for personal reasons and family obligations, 
 and even at times for social reasons. She is pretty generally 
 these days, given either a summer vacation or weekly half-holi- 
 days without lo3s of pay. Moreover, there enters into this 
 problem, over and above wages paid to each, other elements 
 which are equivalent to an addition to her pay. On all her 
 purchases made in the store (and in the average department store 
 this covers practically all her wearing apparel and personal needs, 
 and in some cases household needs as well), she receives a very 
 considerable discount or reduction from regular prices. Is this 
 
 Minimum Wage Symposium 
 
 815 
 
 not wages as well ? Too, in the average store of reasonable size, 
 there are not less than twenty departments or subdivisions, all 
 calling for managers or buyers, or offering advanced positions, 
 affording opportunities for promotion and incentive to attain it. 
 It will be found that the compensation of these successful workers 
 will average more than that of the medical, or legal, or minister- 
 ial profession. 
 
 There is another element which enters into employment of 
 women and rate of wages paid. At the outset no new worker 
 returns to her employer anywhere near 100 per cent of efficiency. 
 There is a training period varying from months to a year or two, 
 involving loss of profit in her work, which may be recouped if her 
 period of service be sufficiently long; but many, indeed most 
 women, look upon work as temporary until they are married, and 
 many workers leave to be married before they have returned 
 value for wages paid. The employer is then under the necessity 
 of again training, at his expense, a new worker. This largely 
 tends to hold down wages for the beginner, and no legislation 
 could overcome it. In this country, the per cent, of women over 
 nineteen years of age, marrying, is 80 per cent. 
 
 Every saleswoman in this State is free to better her position at 
 any time. We express it as our firm opinion that the rank and file 
 of women in mercantile establishments do not desire a standard 
 minimum wage law, and would regret the application of such a 
 law to their work. 
 
 The rate of wages should not depend upon legislation and it is a 
 wrong theory of economics which argues in favor of such a method. 
 Every business man brought up in the hard school of a working 
 life, knows that the old adage, " There is no royal road to success •' 
 is true. Such men will always feel that the burning question is 
 not that of a minimum wage, but that of " getting a job," and 
 having the job, by hustle, energy and ability, earn the promotion, 
 which admittedly may be slower in coming than any of them would 
 like. That man or woman only whose ability and industry is 
 marked, is economically the one to receive the promotion and bet- 
 tered wage. President Wilson in an address this month (Janu- 
 ary) said : " Some men are going to get beaten, because they have 
 not the brains, they have not the efficiency, they have not the 
 
816 
 
 1' 
 
 14 
 
 ' 
 
 El ■!' 
 
 Appendix III 
 
 skill, they have not the knowledge, they have not the capacitv that 
 other n,en have. They will have to be employed, thev wili have 
 to be used where they can be used. We do not need to conceal 
 from ourselves that there are varieties of capacity in the world " 
 ^V e feel that establishing a standard or minimum wage bv law 
 18 fallacou. law-making. No one tcnlay regrets the failure of the 
 ^eenback theory, "which sought by plausible argument to prove 
 that manufacturing paper money would be a suitable undertaking 
 for the Government," nor docs any one any the less regret the 
 failure to commit our Govermnent to free coinage of silver, " thus 
 producing plenty of silver money." Every one now recognizes the 
 disturbance to business and the economical disorder that would 
 have ensued had these fiats been introduced and become the law of 
 the land. Both these movements had sincere believers and udv(^ 
 cates, but sate, conservative business men were then against such 
 fallacies as they are now against what they believe to be uneo 
 nomic and unsound legislation ; to wit : the proposed establishment 
 of a minimum wage by l^islative enactment. 
 
 From the standpoint of a taxpayer such legislation would be a 
 verj- senous matter. Let us suppose that the minimum wage had 
 become a law. Naturally the attitude of employers would be to 
 msist that every person who was paid the minimum wage should 
 be sufficiently efficient to earn it This would force upon the State 
 and employers would insist upon it, the necessity for special voca- 
 tional training for each kind of work for which employment was 
 given. This would call for a complete rearrangement of the Edu- 
 cational Department of the State, for additional vast sums of 
 money to establish such schools, and beyond that would call for a 
 very large appropriation for enforcing the law and supervising the 
 working of It, thus adding burdens to the already over-burdened 
 taxpayers Our State and National Governments are now facing 
 serious deficits. Many people feel that these deficits are largely 
 caused through experiments in law undertaken in State and nation 
 affecting economic conditions, and which have not demonstrated 
 their ufiefulness. 
 
 The basis of legislation should be justice after aU facts are 
 known. Wages are not the only factor to be concerned with in 
 determining justice and the scientific spirit should be shown not 
 
 Minimum Wage Symposium 
 
 817 
 
 only in inquiries as to wages, but also as to the kind of service 
 rendered, and whether adequate or any service is being given. 
 Reasoning to the logical end, a minimum wage based simply on 
 needs is unscientific. It says six, eight or twelve dollars a week 
 shall be paid no matter what service is rendered, or indeed if any, 
 so long as the person to be paid wages is an employee. If a person 
 is not an employee, but is out of employment, there would appear 
 to be no obligation on the part of any one to see that he has a 
 living wage. The mere giving of employment carries with it an 
 obligation to pay six, eight or nine dollars, whatever it may be, 
 r^ardless of the quality or kind of work done. If because one is 
 an employer and obligated to support someone at a given rate, on 
 whom does the obligation rest to support the unemployed? We 
 do not think it just to say that an employer is under obligation to 
 pay anybody anything when there is not a corresponding obliga- 
 tion to return in earning power the full sum paid. Obligation for 
 the payment of the difference between earning power and wages 
 paid belongs somewhere else. It is not an obligation upon the 
 employer because he is an employer, but a moral obligation or a 
 public obligation to be shared alike by employer, consumer, non- 
 employer, the family, society, or the State. It is a moral obliga- 
 tion to be borne share and share alike by everybody, and not to be 
 shouldered upon the employer alone. If such difference must be 
 borne somewhere, and if a person cannot earn a living wage, why 
 not go the whole way and put the difference between what she can 
 earn and what she needs, upon the State, imposing a tax, or by 
 some other method, but we do not think that anvone would feel 
 like subsidizing either an employee or employer that way. It 
 surely cannot be just reasoning to put that burden on the em- 
 ployer alone, nor an answer to say that he can recoup himself, if 
 forced to shoulder a burden not his, by raising prices, because the 
 fixing of prices is not in his hands. 
 
 No one is under obligation to employ a slothful, incompetent or 
 inefficient person ; no one is under obligation having hired such, 
 to keep them despite any legislation, and no one is under moral 
 obligation, even though through pity or charity they do employ 
 such, to pay them more than they can earn, simply because they 
 are employers. The obligaticm is purely a charitable or moral 
 
818 
 
 Appendix III 
 
 ; 
 
 1' 
 
 II !i: 
 
 ,f 
 
 I 
 
 1 
 
 i 
 
 
 I 
 
 ; 
 
 i 
 
 obligation incumbent upon us all alike, not as employers, but 
 simply as people kindly or charitably inclined. If an employer 
 does pay to an inefficient worker more than is earned, it is kind- 
 ness or charity, pure and simple, and we can not legislate charity 
 into each other and do it justly, any more than we can legislate 
 efficiency into a worker. 
 
 The minimum wage plan is based on the theory that the person 
 employed by a private business concern should be paid wages on 
 needs, rather than on the quality or kind of service rendered or 
 work done. The first purpose of a business concern must neces- 
 sarily be to make that business profitable, and that must be done, 
 even though its heads may be largely dominated by a desire to do 
 charitable and kindly acts. Without that the business could not 
 continue and there would then be no chance to give employment 
 to anybody. It follows then that every employee must be a profit 
 maker in some form, for no business could exist unless its em- 
 ployees earned for it a per cent more than they were paid in 
 wages. Economically then that principle of wage payment which 
 requires wages to be paid on any other theory than value returned 
 is wrong. 
 
 We do not argue in behalf of excessive profits and we disapprove 
 of bad methods that in isolated cases may exist. We do not argue 
 against the doing of kind acts, because the majority of business 
 men constantly are doing such acts, but only present this argument 
 to establish the above sound economic principle of wage payment. 
 
 Abuse of power in business is bad; everybody knows that. 
 Fortunately that kind of business administration is in the small 
 minority. Xo group of more honorable business men exists in the 
 world than those conducting business affairs in the United States ; 
 but it almost seems that the desire of investigators to correct 
 economic evils causes them to lose sight of fundamentals, and to 
 suggest business reforms that can only be carried into execution 
 after business itself has been conducted along far different lines 
 and with a greater profit possibility than that which now obtains. 
 
 We present it as our firm opinion that the proposed minimum 
 wage legislation is unscientific, uneconomical, unnecessary and 
 unwise; that it is not sought for by the public, nor even by a con- 
 siderable minority of workers — surely not by efficient workers, 
 
 
 Minimum Wage Symposium 
 
 819 
 
 and that it is calculated to work harm to all workers. We desire 
 to put ourselves on record as against the raising of questions which 
 are in a doubtful province of legislation and which result in 
 agitation and disturbances, for unless there is something inher- 
 ently wrong in the conduct of business — and there is not — there 
 is danger in fomenting against the spirit of distrust. 
 
 The views here expressed may be regarded as those of the Retail 
 Dry Goods Merchants of the State of New York, excluding Xew 
 York City, which has a separate organization. We respectfully 
 submit for serious consideration the foregoing observations, which 
 are the result of an honest effort to study what may or may not 
 be gained by establishing a standard wage through legislation. 
 We have sought to do this from the broadest outlook, having in 
 mind the real welfare of those who are associated with us in busi- 
 ness, and for whom we have — indeed no one more so than we — 
 a vital interest and deep concern. 
 
 Statement of F. Colbuen Pinkham 
 
 The pressure of business has prevented my writing at this 
 time anything regarding the attitude of this association on the 
 minimum wage. All that has ever been officially said came out 
 in my "Annual Report and Recommendations " about a year ago. 
 What I said, I think properly expresses the attitude of most of 
 our members, though some of them, a small minority, are in favor 
 of a minimum wage. I quote from the "Annual Report and 
 Recommendations " of last year : 
 
 " There is an increasing agitation for minimum wage and 
 shorter hours legislation. Those who are in close touch with the 
 retail business must realize that such legislation is but a tempo- 
 rary expedient. The employer who is showing no genuine interest 
 in trying to shorten hours and increase wages is greatly in the 
 minority. To attack all merchants for the faults of these is 
 foolish and even to pass drastic legislation against the indifferent 
 employer may not prove the better part of wisdom. The only 
 way to bring about reform is by education. Experience in other 
 indust'^ies and in the department store business itself can be 
 
. 
 
 820 
 
 Appendix III 
 
 M 
 
 i 
 
 n 
 
 1 
 
 1 , ■ ll 
 
 1 
 
 ' if 
 
 ill i 
 
 '■ i 
 
 ll 
 
 ' 1 
 
 1 
 
 ■^ 1 
 1 
 
 brought to prove to the unenlightened employer that it is to his 
 advantage to pay the best wage possible. If he is paying all 
 that his business can stand, reformers must assist him to make 
 his employes more efficient in order that increased profits may 
 result in increased wages. Coercive legislation may appease the 
 public wrath, but it cannot provide the wisdom to cure the ignor- 
 ance which is the foundation of poor wages and oppressive hours, 
 where they still exist. 
 
 "A careful investigation has revealed the real truth which is 
 that nine out of ten department store executives are seeking the 
 way to make the economic adjustment which will enable them to 
 help their employees. Many of them have gone to tho expense 
 and labor of installing schools where their employees can be 
 taught the rudiments of English, mathematics and salesmanship. 
 This work properly belongs to the public schools of the city and 
 state." 
 
 I hope that this meets the requirements of the case. There 
 seems to be an honest difference of opinion on the entire minimum 
 wage question aad it is only by studying the problem in the 
 states where such legislation has already been tried that we can 
 oome to an honest conviction. I am sure that the members of 
 this Association are prepared to be convinced either way. All 
 that we want are the facts. If the law does all that it is claimed 
 for it, then it is a good thing. Personally I am in doubt as to 
 whether the minimum wage laws already passed have worked 
 out practically. 
 
 Minimum Wage Symposium 
 
 821 
 
 Statement op H. F. Searles 
 
 This association represents about forty manufacturers located 
 in the cities of Cohoes and Waterford, employing more than 
 three thousand operatives — the industries are widely diversified, 
 although the majority of the operatives are engaged in the manu- 
 facture of textiles, including cotton cloth, knit goods and cotton 
 bats. We also have a considerable number of operatives en- 
 gaged in metal trades. 
 
 It is impossible to apply the same arguments or principles in 
 considering the wage problem in these different industries. We 
 
 believe that in competitive manufacturing industries the ma- 
 jority of manufacturers pay as large wages as the conditions of 
 competition and manufacture will permit on the general prin- 
 ciple that there is, and has been for a long time, competition in 
 the wage market as well as in the manufactured product and 
 only by paying as high wages as the manufacturer can afford 
 and continue his business can he secure a satisfactory grade of 
 operatives. 
 
 We would suggest an important factor which affects the individ- 
 ual worker (particularly as a rule those earning the smaller 
 wages) not only as to the rate of wages which he or she receives, 
 but the actual money received in the wage envelope at the end of 
 the week and that is, the irregidarity of the operative at his or 
 her work. 
 
 It is the experience, we believe, of the majority of the manu- 
 facturers, in at least textile trades, that a considerable percentage 
 of the operatives do not work steadily or continuously, although 
 the opportunity for work is steady and the demand for workers 
 is in excess of the supply. This problem is a serious one to the 
 manufacturer and results in an increased cost in the manufac- 
 tured product and a consequent effect on the general average of 
 wages which can be paid. We believe it to be a psychol(^ical fact 
 that with a certain percentage of workers the higher wage per 
 diem they receive the greater amount of time is spent away from 
 work. 
 
 Ultimately, increased rate of wages to the operative is paid 
 for by the consumer, but until this increased wage is secured by 
 normal and equitable conditions which affect all of the manu- 
 facturers in competition with each other in any line of product, 
 it is impossible for the manufacturers of any one section or dis- 
 trict to operate under conditions materially more exacting than 
 those of their competitors without adversely affecting the business 
 prosperity of such district and in turn re-acting on the operatives 
 themselves in loss of opportunity to work at any price. 
 
 The labor cost entering into manufactured products is such 
 a large proportion of the total cost in most cases that arbitrary 
 regulation of the labor wage in any district or State, which is 
 materially out of proportion with the average wage in competing 
 
822 
 
 Appendix III 
 
 I 
 
 ; 
 
 
 \ 
 
 1'' 
 
 territories, we believe to be a very grave question and one that 
 should be handled conservatively. 
 
 Our conclusion, therefore, is that in considering the establish- 
 ment of a minimum wage which, in general, we believe, has its 
 merits, the manufacturing industries of the State in the light of 
 the conditions outlined above, should be reached only through 
 general legislation which would affect the industries at large, 
 instead of within the confines of any one State or district. - 
 
 Statement of Pebcy S. Straus 
 In complying with your request I must preface my remarks by 
 saying that I find myself in an embarrassing position. I am 
 opposed to the entire theory of relating wages by law for reasons 
 that I will state hereafter. As an employer of a large number 
 of women, however, my motives in objecting to such legislation 
 might be misunderstood. For that reason I would not have given 
 formal expression to my views, had your request not been put in 
 such form as to make responding to it a civic duty. 
 
 To establish a minimum wage without at the same time defin- 
 ing the amount of work for which it is payable, is placing a 
 p^mium on the shirker or rewarding the inefficient. Such an 
 effect 18 obvious to anyone who has been in a position to observe 
 the varying accomplishments of different people under identical 
 opportunities. This weakness in a minimum wage by law might 
 be overcome if the State could so far increase its paternal sur^i^ 
 vision as to establish a varying minimum dependent on both re- 
 tum^and length of service; thus giving to the beginner a wage 
 which might not be adequate for complete independence and ad- 
 vancmg it as experience and accomplishment increased. There 
 are many objections that could be raised to this method, but it 
 would at any rate tend to obviate the need of society paying 
 through necessarily increased prices, the cost of comfort for the 
 inefficient or the unwilling worker. Unless some such method of 
 controlling the payment of an unearned wage could be contrived 
 there can be no doubt that cost would increase and we would but 
 be started again on a chase around a vicious circle. 
 
 Minimum Wage Symposium 
 
 823 
 
 Obviously there are varying conditions which, if due considera- 
 tion could be given to them as under the Massachusetts law, would 
 require the establishing of different minimum wages in different 
 industries, and even a number of minimums in the same industry. 
 But even under that method the two forces, one the interest of the 
 industry, the other the clamoring social needs of the worker, would 
 result in an increase in wage, which if it did not carry with it a 
 specified additional output, would necessarily increase the cost. 
 
 If we are to adopt the principle that every worker is entitled 
 to a wage which would enable her to maintain a definite standard 
 of living, irrespective of actual earning power (and that is the 
 theory of all minimum wage l^islation), we should do so realizing 
 that we must be prepared to continually increase that minimum as 
 fast as price to the consumer has risen to meet the increased cost 
 of manufacture and distribution. 
 
 From the point of view of economic theory there are four ele- 
 ments to the cost of production : Rent, interest, wages and profits. 
 In any particular enterprise the first two must be established at 
 the outset, the one by treaty, the other by market rates. Wages 
 must next be established before the enterprise can be fairly started. 
 Profits, or the return to the merchant, as distinct from the sup- 
 plier of capital, must be the result of varying conditions, being 
 larger one season and less the next. The proper ratio between 
 wages and profits has been the question that has agitated econo- 
 mists for generations. It has led to the rise of trade unions and 
 of trusts, and has been the cause of endless industrial conflict. If 
 a minimum wage by law would tend to overcome this strife it 
 would without doubt be a social gain. 
 
 No one, however, can foreshadow the actual result of such l^s- 
 lation. Would it be, as I stated, to add an additional burden to 
 the heavy ones already borne by the consumer, or would it be a 
 help to the solution of the problem of distribution ? If the law 
 could be enacted experimentally we should be justified in this 
 State in taking the risk of finding out what the result would be, 
 but this is obviously impossible. Would it not be the path of 
 wisdom and ultimate advantage for New York to adopt the watch- 
 ful waiting policy ? California, Oregon, Washington and Massa- 
 chusetts have minimum wage laws. Let us of this State wat«h 
 their workings and then profit by their experience. 
 
824 
 
 Appendix III 
 
 !| 
 
 ■ 
 
 it 
 
 : 
 
 Statement of Henby R. Towne 
 I duly received your letter of 3rd inst, in which you ask my 
 Satbn**™"^ *^* advisability of enacting minimum wa^ 
 
 The subject is a large one, and the arguments for and against 
 the proposition cannot briefly be summarized, but I submit the 
 lolJowing comments: 
 
 Our works at Stamford give employment, under normal con- 
 ditions to upwards of 4,000 people, and I am deeply interested in 
 all efforts, legislative or otherwise, to benefit the workers of all 
 classes. I recognize that in many cases the wages paid to women 
 and minoi^ are insufficient to enable them to maintain themselves 
 ^perly, but I doubt greatly whether the evil thus implied can 
 be much benefited by direct legislation. The condition involved 
 IS economic, not political, and in most directions legislation has 
 little effect on economic tendencies and conditions. In the present 
 case It IS obvious that some kind of regulation is desirable, but 
 
 '^Za^ T ^r'/f''^^^"' ^^"' ^""^ '^ ^^^^*^^" i« possible or 
 expedient The fixing of a minimum wage would benefit those 
 
 now receiving a smaller wage and who thereafter continued to 
 find employment, but it would greatly injure many others by its 
 inevitable tendency to throw the inefficient out of emplo^t 
 because of their inability to render services for which the em- 
 ployer could afford to pay the minimum wage. 
 
 It may fairly be argued also that in the long run the fixing of 
 a minimum wage, if such wage is higher than the present prevail- 
 ing i^te, would imply an increase in the cost of production, and 
 hat this m turn would imply an ultimate increase in the cost of ' 
 
 irf J .'''' 1^^ ^'*^^' ^ '"^ ^*^^* «« '^ ^^t«i^ed, would 
 nuUify the benefit intended by the fixing of the minimum wage. 
 
 On general principles I believe that artificial interference with 
 
 econonaic conditions is undesirable per se, and in many cases 
 
 fails of Its object. On tbe other hand, I believe that great benefits 
 
 have been accomplished and that many more are still possible 
 
 from wise legislation designed to safeguard the righte, health and 
 
 interests of wage earners of all classes, and that one of the most 
 
 promising methods of aiding the working classes, especially the 
 
 unskilled, 18 to foster and promote the development of the trade 
 
 and vocational schools, whereby in the future the number of skilled 
 
 Minimum Wage Symposium 
 
 825 
 
 workers will greatly be increased and the ranks of "the unskilled 
 proportionately be reduced. When this reduction of the unskilled 
 has progressed sufficiently it will operate automatically to enhance 
 the wage rate by reducing the number of unskilled, and thus estab- 
 lishing a better equilibrium than at present between supply and 
 demand. 
 
 Statement op G. Vintschger, Sb. 
 
 I am strongly inclined to think that wages of the working 
 classes will be regulated by laws of supply and demand, and cannot 
 be regulated by legislation. This applies more strongly so to 
 countries, which are entering the field of world's trade, and this 
 country is approaching that condition most rapidly. It is now 
 depending very largely on its growing foreign trade, and I be- 
 lieve without it, it would soon find its producing capacity to 
 strongly exceed its home consumption. 
 
 Under such conditions it follows, that a regulation of wages by 
 a legislature would do more harm than good, because it might 
 fix wage-rates which would burden the cost of production and 
 handicap our factories too strongly in competing with the world's 
 markets. 
 
 The ideal of our philanthropic legislators might prove to be a 
 great obstacle for broadening out our industries in a general way, 
 and a fixed rate of wages might do more harm than good to those 
 who should be benefited. 
 
 Put our industrial establishments in position to compete with 
 the world industries; let us look after a world's market; make all 
 nations our customers, and get enough work for our factories to 
 keep them running full time and over, and wages of our working- 
 classes will improve by the natural law of supply and demand. 
 
 This is my candid opinion, and I submit it to you for what it 
 is worth. 
 
 Statement op F. E. Wheeler 
 Let me say in the beginning that I do not think that a mini- 
 mum wage rate would affect our company, as the lowest wage 
 rate we pay is higher than any minimum rate that would be 
 likely to be suggested. 
 
826 
 
 Appendix III 
 
 
 t^i 
 
 I ■ 
 
 I! 
 
 I 
 
 I 
 I " 
 
 ill 
 
 ■ft 
 
 Looking at the matter as a general proposition, however, my 
 judgment would be strongly opposed to any minimum wage rate 
 because I believe it would work a great hardship on a good many 
 persons who most need work. In the first place my observation 
 has been that a minimum rate retards a bright, ambitious man 
 while a slow or lazy, stupid man soon becomes slower, more lazy 
 and more stupid. Again it would throw out of work, unless the 
 minimum were made very low, men and women who are not 
 strong, as well as old men and old women, and probably a good 
 many boys and girls who need the pay to help support families, 
 and who if thrown out of work, would not attend schools, but 
 who would probably be learning bad habits during their time of 
 enforced idleness, a condition which would be bad for them and 
 bad for the State. 
 
 The laws in Xew York State now are so onerous that they 
 are retarding the growth of manufacturing in the State. I would 
 not go as far as some and say that the present laws will drive 
 manufacturers out of New York State who are now located in 
 the State; but I do firmly believe that manufacturers who are 
 looking for a location, would even now choose any other State 
 in the Union in preference to New York. 
 
 If the labor laws could be made uniform in all of the states 
 it would not matter as much, at least to those of us who confine 
 our sales to this country, but to single out one State and put in 
 force the laws that have already been passed, together with those 
 now in contemplation, concerning the hours of labor, the ages of 
 those who labor, the compensation bill and many others, is mak- 
 ing it a very hard proposition for those who manufacture in this 
 State to compete with those who manufacture in other states 
 w^here the laws are less drastic, to say nothing of competing with 
 the increase of importation of goods made in other countries 
 where wages and conditions are very dissimilar to those existing 
 in the United States. 
 
 I am one of those who believe that manufacturing should be 
 encouraged and not discouraged, and I feel that the present trend 
 of labor legislation is surely going to react in a very serious man- 
 ner upon those whom it is designed to most help. ' 
 
 Minimum Wage Symposium 827 
 
 VI. COMMISSIONS 
 
 GREAT BRITAIN 
 
 Statement of G. S. Barnes 
 With reference to your letter on the subject of legislation for 
 a minimum wage, I am directed by the Board of Trade to say 
 that, as the Trade Boards Act has only been in operation for a 
 comparatively short period, they consider that it is as yet too 
 early to express a definite judgment on its indirect and ultimate 
 results. 
 
 The Board are of opinion, however, that provisional replies, 
 based on the experience so far obtained of the working of the 
 Act, may be given to the question contained in your letter, as 
 follows : 
 
 (1) The Board are not aware of any general tendency amoncr 
 employers to reduce rates to the minimum allowed by law in 
 cases where higher rates have been paid in the past. On the con- 
 trary, there is reason to suppose that the better organization of 
 the workers, which has been observed to have taken place in the 
 trades to which the Act has been applied, tends to prevent the 
 l^al minimum rate from becoming in fact the maximum. 
 
 (2) So far as the Board are aware, there has been no general 
 dismissal of workers as a result of the fixing of minimum rates ; 
 and even where workers have been dismissed on this account, it 
 has frequently been found that this has been due to misunder- 
 standing of the Act and not to its actual provisions. 
 
 (3) The Board are not aware of any tendency on the part of 
 manufacturers to transfer their businesses to foreign countries, 
 or, in cases where lower minimum rates have been fixed for Ire- 
 land than for Great Britain, to transfer their businesses from 
 Great Britain to Ireland. 
 
 (4) There is no evidence in the possession of the Board to show 
 that the efl5ciency of workers has been reduced aFa result of the 
 fixing of minimum rates of wages. On the contrary, there are 
 indications that in many cases the efficiency of the workers has 
 been increased. The fixing of minimum rates has also resulted 
 in better organization among the employers and in improvements 
 in the equipment and organization of their factories. 
 
828 
 
 t 
 
 It 
 
 IM 
 
 
 It 
 
 ' i 
 
 n 
 
 ( 
 
 ApPEXDtX III 
 
 CALIFORNIA 
 Statement of Katherijte Philips Edson 
 I am sorry to saj that the California Industrial Welfare Com- 
 mission has not completed its work sufficiently so that our mini- 
 • mum wage legislation has had any practical test However, cer- 
 tain tendencies have been observed as the result of the investigation 
 which I fancy is somewhat different from yours as we have a law 
 that gives us power to not only investigate but to determine and 
 fix wages in any industry in which women and children are em- 
 ployed. 
 
 The result of our investigation plus the fact that we have power 
 has tended throughout industries of the State to raise the wages, 
 many employers being most anxious to come up to the standard 
 that they believe will be set by the Commission. This is particu- 
 larly true of the dry goods industry of the Stat« and if it would be 
 of interest to you I would be glad to send you the comparative 
 wages paid in Los Angeles and San Francisco in 1912 and in 1914. 
 Also there has been a great change in the wages paid in the laundry 
 industry. 
 
 We are in a quandary as to how to choose the wage boards from 
 an unorganized industry. The only industries that we have in 
 CaHfomia which are organized are the garment trades and the 
 laundry industry of San Francisco and around the bay. The 
 garment trades have fought minimum wage legislation very bit- 
 terly and have succeeded in getting the State Federation of Labor 
 to pass a resolution opposing a constitutional amendment that was 
 submitted to the people to constitutionalize such legislation in this 
 State. This amendment has been carried by a safe majority. 
 
 Statement of Walter G. Mathewson 
 The work of our Commission has thus far been confined to the 
 investigation of the wages paid, the hours and conditions of labor 
 and employment in the various occupations, trades and industries 
 in which women and minors are employed and as to the cost of 
 living. 
 
 Minimum Wage Symposium 
 
 829 
 
 Our next step will be the holding of public hearings and the se- 
 lection of Wage Boards as provided by the law. 
 
 You will see from the above that we are in no position to speak 
 with knowledge as to facts on the subject except to say that 
 the passage of the law and our investigations into conditions has 
 already had the effect of raising wages in many of the retail 
 stores. A question of the constitutionality of a delegation of 
 legislative powers to our Commission has just been cleared up by 
 a constitutional amendment This will have still greater weight 
 with the balance in our favor and I believe will have the effect of 
 causing a closer co-operation on the part of all concerned and the 
 Industrial Welfare Commission. Heretofore organized labor re- 
 fused to co-operate, as did a certain number of the employers. 
 Speaking personally, I look forward for much good from the law. 
 
 MASSACHUSETTS 
 Statement of Robert G. Valentine 
 In reply to your letter of October 30, I am prompted to discuss 
 very briefly, for whatever practical value may lie in its bearing on 
 minimum wage board procedure, some of the considerations, the 
 fair limitations, and compromises involved in the determination 
 of a minimum wage for the employees of a particular industry, 
 in the first practical application of the Massachusetts Minimum 
 Wage Law. 
 
 The Massachusetts Minimum Wage Commission, appointed 
 July 1, 1913, during the first six months following its organiza- 
 tion, completed an investigation into the wages of women in the 
 brush and corset factories of the Commonwealth. In December, 
 1913, a wage board was established for the brush making indus- 
 try. An investigation had shown that brush making is a rela- 
 tively small industry, employing less than two thousand persons 
 in Massachusetts; that the manufacturing processes are largely 
 manual, machines being used only to a limited extent ; that the 
 industry is not growing; that it is pecuUarly affected by com- 
 petition ; and that it offers serious problems because of its seasonal 
 character. It was shown that most of the employees are women 
 earning less than $6 a week. 
 
830 
 
 Appendix III 
 
 iu 
 
 \- 
 
 i^ 
 
 
 In attempting to fix for the brush industry a minimum wage 
 that would *' secure to the worker from the industry a living 
 wage at the lowest level of decent living, and to set that minimum 
 wage in a manner to secure to the industry a sure return in work 
 for wages paid in " the Wage Board enunciated the principle 
 that a minimum wage could be so framed as to create a strong 
 tendency to increase the efficiency of business management; in- 
 crease the efficiency of the workers; eliminate irregularity and re- 
 duce part time employment; prevent the immediate elimination 
 of any considerable number of employees now engaged in the 
 industry; promote better organization and better feeling between 
 the employer and employed; prevent industrial disputes; and in 
 no manner injure the industry. To achieve this object the board 
 attempted to devise means to exert pressure upon the industry to 
 consene its material resources, to stimulate higher production, 
 by intelligent planning, by supplying adequate machinery, and 
 by educating employees to higher production standards. It was 
 believed that such pressure could be applied by holding strictly 
 to a time rate as the basis for all wage payments, regardless of 
 the pei'formance of the worker. 
 
 It was agreed that the minimum established for the industry 
 should at first be relatively low, and reach its proper level through 
 a series of advances according to the ability of the industry to ad- 
 just itself to the new condition. It was held that this gradual ad- 
 justment should permit the employer to analyze the cost of low 
 production, to improve his own organization, to determine the ca- 
 pacity of individual workers, stimulate the workers, and give sub- 
 standard workers a fair opportunity to reach the minimum stand- 
 ard to be required. The establishment of a minimum wage neces- 
 sarily imposes upon an industry the necessity of eliminating the 
 hopelessly sub-standard. Under a fixed labor cost the employer 
 must require a fixed performance. It will be to his interest to 
 raise the workers already employed to the standard set by the task, 
 through co-operative use with the employee of all the factors that 
 make for industrial efficiency. It will clearly not be to his in- 
 terest to retain the sub-standard unless special inducement is held 
 out to him. In this case the wage board held that permits should 
 be granted, within the discretion of the Minimum Wage Com- 
 
 MiNiMUM Wage Symposium 
 
 831 
 
 mission, to those workers unable to meet the new requirements, 
 and that as to their retention in the industry, judgment should be 
 left to the employer. 
 
 Herein lies also a stimulus toward increased efficiency of the 
 worker. A minimum wage imposed through a series of gradual 
 advances, will enable the management gradually to organize a 
 stable labor force, which is the first requirement under improved 
 management. In organizing this force the employer chooses the 
 best workers obtainable for the wage paid. Other things being 
 equal, those with experience will be preferred to those without 
 experience, and those at present employed will be given every 
 opportunity to improve. Employees will know that the employer 
 can and will discharge low performance, high cost workers who 
 fail to improve, and they will recognize that their responsibility 
 is fixed, and they will fulfill it except where fulfillment is 
 impossible. 
 
 If the wage board is correct in its premise that a minimum 
 wage will gradually increase efficiency in business management, 
 and increase the efficiency of the worker, it follows that the first 
 costly evil to be corrected, so far as correction lies within the power 
 of the manufacturer, is irregularity of production and employ- 
 ment. This will be necessary not only from the standpoint of 
 economy, but will be necessary through the inability of the in- 
 dustry to absorb, for a few weeks in rush seasons, a force com- 
 petent to turn out the required work, largely because of higher 
 efficiency required, and even more because the industry will no 
 longer be half supporting a group of wage earners ready to engage, 
 at any moment, for short periods of time. The tendency would 
 be to put wage earners on full wage or none. The employer pay- 
 ing wages for time occupied, will see that that time is used to the 
 highest advantage. He will try to prevent delays in the flow of 
 business from week to week, and from month to month, and will 
 reduce the fluctuation in his labor force, discharging the " ir- 
 regulars " either seasonal or voluntary. The beneficent effect upon 
 the employee of dicharge under these conditions was not lost to 
 the board, which concluded that " It would be a good thing for the 
 workers so laid off in the long run. They will look for employ- 
 ment elsewhere, and that would be better than to be dangled along, 
 half employed and half living, and so, too inert to venture any- 
 
832 
 
 Appendix III 
 
 ! 
 
 i| 
 
 ! ;, 
 
 ;r 
 
 ■i:; 
 
 
 thing, buoyed up by Lope of full time soon — a hope that often 
 cannot be realized.'^ However, it was assured that discharge 
 would not suddenly affect any large number of employees, and 
 under conditions not too rigorous, each employee would be given 
 a fair trial before being cast aside. No less important than these 
 considerations of the board was the possible attainment through 
 business organization and through the improvement of the living 
 standards of the workers, of a better understanding between em^ 
 ployer and employee. The continuation of the partial supervision 
 of the Minimum Wage Commission over wage conditions in the 
 industry, will not only serve to bring employer and emplovee 
 more closely together, but will also provide a medium for o^n 
 discussion, and a remedy of those conditions which frequently 
 give rise to serious industrial disputes. To use the words of the 
 board, the plan of gradual wage advancements " creates, if given 
 time to produce this proper effect, its own source of wage pavment, 
 partly by the improvement of the workers on their side when better 
 paid, and partly by the improvement of methods on the side of 
 the employer himelf." This policy constitutes a denial of the 
 social advantage of acting upon the economic theory that all 
 parasitic industry should be left to perish. The principle ex- 
 presses hope that wise readjustment will gradually change the 
 economic status of such industries, and enable them to surv^ive as 
 real contributors to the national dividend. 
 
 In fixing upon an hourly time rate, the board was not forgetful 
 of its obligation to provide for the employee not only a living wage, 
 but also a sufficient period of work expectation to insure economi- 
 cal planning for the future. No worker can arrange his life satis- 
 factorily without assurance of work and wages for a week. What 
 value to the worker can obtain in a minimum wage finding which 
 recites only a minimum hourly rate? Should not the emplovee 
 be guaranteed a weekly minimum wage? In answering this 
 question, the board was compelled to consider the condition of the 
 industry, and to adjust the requirements to the ability of the 
 industry to meet them. A minimum wage on a weekly basis is 
 possible only in industry efficiently managed, which is prepared 
 to offer regular employment throughout the year. Few industries 
 m America are so efficiently managed. In American factories 
 an houriy rate has been for many years, and is now, the standard 
 
 Minimum Wage Symposium 
 
 833 
 
 time basis for wage payment No wide departure from this 
 standard can be made until industry has been given an oppor- 
 tunity to consider its effect and made the necessary readjust- 
 ment. It was agreed that the brush making industry would be 
 peculiarly unable to survive under a weekly minimum waga 
 Small in size and yearly growing smaller, unable to raise itself 
 above the level fixed by competitive conditions, subject to long 
 seasons of irregularity, it has wisely, or unwisely, attempted 
 to survive with low efficiency and a low payroll. Without 
 means for the immediate remedy of these conditions, this 
 industry could not be expected to adjust itself to any additional 
 burden. For these reasons, the board advised the establishment 
 of such an hourly rate as the industry could safely pay at once, 
 though that wage should temporarily remain below the level ulti- 
 mately desired. That hourly rate was fixed at fifteen and one-half 
 cents, to be increased to eighteen cents at the end of the year, 
 unless it could be shown that the second rate was excessive. The 
 second rate would provide, in the aggregate, for a full week's em- 
 ployment, a wage determined by the wage board to be sufficient to 
 insure decent living. The rate immediately imposed would do 
 less than that That the compromise was wise cannot be doubted. 
 The brush industry is rapidly adjusting itself to its new obligation, 
 and though it is too early to speak safely of results, it is evident 
 that the investigation of the industry, and the establishment of a 
 minimum has had a wholesome and uplifting effect The brush 
 makers have entered into the work of the organization in a com- 
 mendable spirit, and it is in no small degree due to their co- 
 operation that the first step has been safely taken in improving 
 the condition of the workers. 
 
 MIISTNESOTA. 
 Statement of William F. Houk. 
 Our wage orders were made October 23 and do not become effec- 
 tive till November 23, and therefore I am unable to enumerate 
 at this time the difficulties we will have to overcome in adminis- 
 tering the act 
 
 Vol. 1 — 27 
 
834 
 
 Appendix III 
 
 
 I'^l 
 
 i ' 
 
 I 
 
 
 n 
 
 I 
 
 m 
 
 There will be difficulties, and many of them, I believe, and if 
 it is possible for me to present them in time for you to make 
 use of them I shall endeavor to do so, although it will not be 
 possible for me to know of many of the difficulties before the fifth 
 of December. 
 
 I am enclosing herewith orders Nos. 1 and 4. You will note 
 that these orders affect women and minors of ordinary ability 
 only. The commission did not fix a wage for learners and ap- 
 prentices because our law provides that they shall receive a liv- 
 ing wage. We believe the next legislature should so amend the 
 law that a wage less than a living wage can be fixed for appren- 
 tices and learners. 
 
 One difficulty the commission will encounter in enforcing the 
 orders affecting women and minors of ordinary ability is in de- 
 termining which women possess ordinary ability and which do 
 not. The commission not only has not fixed a wage for appren- 
 tices but has left the question of determining the length of ap- 
 prenticeship until such time as the legislature amends the law. 
 
 The commission and state auditor have been summoned to 
 appear in court November 14 and show cause why an injunction 
 should not issue restraining them from expending any further 
 money out of the public treasury in payment of anything done 
 under the act. It is possible that this action will result in delay- 
 ing the enforcement of the law. 
 
 The plaintiffs allege that the law is unconstitutional upon the 
 following grounds : 
 
 " 1. The fixing of prices of labor or any other commodity 
 on the market for sale, is not within the constitutional power 
 of the state. 
 
 "2. Said act is an unlawful delegation of legislative 
 power to the Minimum Wage Commission, and is void for 
 uncertainty. 
 
 " 3. Said act is unconstitutional in classing together, in 
 the industrial employments, learners and experienced work- 
 ers, and requiring the same minimum wage for both. 
 
 "4. While said act directly affects every employer of 
 women and minors in the State by giving the Minimum 
 Wage Commission power to arbitrarily ^x such minimum 
 
 Minimum Wage Symposium 
 
 835 
 
 wages, it fails to provide for notice to the employers, or any 
 of them, so affected, and does not afford them an oppor- 
 tunity to be heard upon the question of such minimum wages, 
 and fails to provide any means whereby such employer can 
 have the question of the reasonableness of the wage he is 
 required to pay reviewed or considered by any court or tri- 
 bunal having the constitutional power to decide questions of 
 fact, and thus fails to afford to such employers due process 
 of law, as required by the State Constitution and by the 14th 
 Amendment of the Federal Constitution. 
 
 " 5. That said act is unconstitutional under both the State 
 and Federal Constitution because it impairs the right of the 
 employer and the employee to contract on the subject of 
 wages. 
 
 " 6. Said act makes an unconstitutional classification 
 when it puts all adult women, and all minors, whether male 
 or female, without regard to age, in one class, and requires 
 the fixing of the same minimum wage for all. 
 
 " 7. Said act is unconstitutional in that it unlawfully 
 takes the private property of the class of employers referred 
 to, for the private use of the employees who are intended to 
 be the beneficiaries of the act, without compensation. 
 
 " 8. By singling out the employers of women and minors 
 for this arbitrary treatment, the act deprives such employers 
 of the equal protection of the law." 
 
 We are awaiting the decision of the United States Supreme 
 Court on the Oregon minimum wage law, which is expected within 
 a few weeks. I am of the opinion that action taken by the em- 
 ployers is for the purpose of delaying matters in this state until 
 the Oregon decision is rendered. 
 
 Orders Issued by the Minimum Wage Commission of the State 
 
 of Minnesota 
 
 October 23, 1914, Effective, November 23, 1914. 
 Order No. 1. 
 
 No employer, whether an individual, .a partnership or a cor- 
 poration, shall employ any woman or minor of ordinary ability 
 
836 
 
 Appendix III 
 
 r 
 
 i:ii 
 
 f 
 
 II 
 
 if I 
 
 i 
 
 f. 
 
 I 
 
 in any mercantile, office, waitress or hairdressing occupation, in 
 any city of the first class in the State of Minnesota, at a weekly 
 wate rate of less than nine dollars ($9.00). 
 
 Order No. 2. 
 
 No employer, whether an individual, a partnership or a cor- 
 poration, shall employ any woman or minor of ordinary ability 
 in any mercantile, office, waitress or hairdressing occupation, in 
 any city of the second, third and fourth class in the State of 
 Minnesota, at a weekly wage rate of less than ei^t dollars and 
 fifty cents ($8.50). 
 
 Order No. 3. 
 
 No employer, whether an individual, a partnership or a cor- 
 poration, shall employ any woman or minor of ordinary ability 
 in any mercantile, office, waitress or hairdressing occupation, in 
 the State of Minnesota, outside of cities of the first, second, third 
 and fourth classes at a weekly wage rate of less than eight dol- 
 lars ($8.00). 
 
 Odred No. 4. 
 
 No employer, whether an individual, a partnership or a coi- 
 poration, shall employ any woman or minor of ordinary ability 
 in any manufacturing, mechanical, telephone, telegraph, laundry, 
 dyeing, dry cleaning, lunch room, restaurant or hotel occupation, 
 in any city of the first class in the State of Minnesota, at a weekly 
 wage rate of less than eight dollars and seventy-five cente ($8.75). 
 
 Order No. 5. 
 
 No employer, whether an individual, a partnership or a cor- 
 poration, shall employ any woman or minor of ordinary ability 
 in any manufacturing, mechanical, telephone, telegraph, laundry, 
 dyeing, dry cleaning, lunch room, restaurant or hotel occupation, 
 in any city of the second, third and fourth class in the State of 
 Minnesota, at a weekly wage rate of less than eight dollars and 
 twenty-five cents ($8.25). 
 
 Minimum Wage Symposium 
 
 837 
 
 Order No. 6. 
 
 No employer, whether an individual, a partnership or a cor- 
 poration, shall employ any woman or minor of ordinary ability 
 in any manufacturing, mechanical, telephone, telegraph, laundry, 
 dyeing, dry cleaning, lunch room, restaurant or hotel occupation, 
 in the State of Minnesota, outside of cities of the first, second, 
 third and fourth classes, at a weekly wage rate of less than eight 
 dollars ($8.00). 
 
 These orders do not apply to learners and apprentices. 
 
 OREGON 
 
 Statement of Edwin V. O'Hara 
 
 The Oregon measure was passed by the legislature two years ago. 
 The Commission was appointed and began its work early in 
 June, 1913. Following the procedure outlined by the law, the 
 Commission called separate conferences to recommend minimum 
 wages in the mercantile and manufacturing establishments, for of- 
 fice help in Portland, and for all establishments throughout the 
 State, outside of Portland. In the course of three or four months 
 the conferences reported their recommendations, which were ac- 
 cepted by the Commission, and by December, 1913, orders had 
 been issued fixing minimum wages for women workers in most 
 occupations in Oregon. These orders have been in effect prac- 
 tically a year ; and while it is premature to give a final statement 
 as to the working of the law, there are certain facts which are well 
 established. They are as follows: 
 
 1. Apart from certain manufacturing establishments there has 
 meen no serious objection to the law on the part of employers. 
 On the contrary there has been a general expression of satisfac- 
 tion. . 
 
 2. The law has resulted in a notable increase of wages for girla 
 employed in mercantile and manufacturing establishments. 
 
 3. The practical difficulty in the working of the law is almost 
 completely centered in the question of the length of apprentice- 
 
838 
 
 -li 
 
 It 
 
 Appendix III 
 
 ship and the establishment of a rising scale of wages in that 
 period. This question of a period for beginners before the legal 
 wage goes into effect is the one which requires most careful study 
 and consideration from the Commission, in order that the in- 
 terests of both the employers and employes be safeguarded from 
 unwise rulings. 
 
 4. Apart from the question of learners and apprentices al- 
 ready referred to, there does not seem to be any reason why the 
 administration of the law should present any particular difficulty, 
 provided that the fullest publicity be given to all details of the 
 rulings. 
 
 In conclusion, therefore, I would say, that the legislation is so 
 strongly supported by public opinion and is so essentially reason- 
 able in its method of operation that the general policy of the law 
 is accepted by employers, and its provisions obeyed without diffi- 
 culty; but that certain employers try to evade its force by unfair 
 dealings with their learners and apprentices. This, however, 
 concerns but a small percentage of the women affected by the 
 general provisions of the law, and even this loophole for evasion 
 can be done away with largely, if not altogether, by careful study 
 of the conditions of apprenticeship in each occupation, and d^ 
 tailed rulings by the Commission regarding the same. 
 
 WASHINGTON 
 Statement of Edwakd W. Olson 
 During the 1913 session of the Legislature a law was enacted 
 establishing an Industrial Welfare Commission for women and 
 minors and providing for the fixing of minimum wages and 
 standard conditions of labor for such minors and female wage 
 earners in the different industrial occupations in the State. The 
 following preamble to the law clearly epitomizes its basic principle 
 and purpose: 
 
 " The welfare of the State of Washington demands that 
 women and minors be protected from conditions of labor 
 which have a pernicious effect on their health and morals. 
 
 Minimum Wage Symposium 
 
 839 
 
 The State of Washington, therefore, exercising herein its 
 police and sovereign power, declares that inadequate wages 
 and unsanitary conditions of labor exert such pernicious ef- 
 fect," and (iSec. 3) " There is hereby created a commission 
 to be known as the Industrial Welfare Commission for tite 
 State of Washington, to establish such standards of wages 
 and conditions of labor for women and minors employed 
 within the State of Washington, as shall be held hereunder 
 to be reasonable and not detrimental to health and morals, 
 and which shall be sufficient for the decent maintenance of 
 
 women. 
 
 » 
 
 The law became effective June 12, 1913, and pursuant to its 
 provisions a Conamission consisting of four members in addition 
 to the State Commissioner of Labor, who by statute was made an 
 ex-officio member, was appointed by the Governor. The mem- 
 bers so appointed serve without compensation. Any person having 
 been a member of an employers' association or a labor union dur- 
 ing the preceding five years is disqualified from serving on the 
 Commission. 
 
 Immediately upon taking office the Commission began an in- 
 vestigation into the conditions of labor and wages paid to women 
 and minors in three of the leading industries of the State, namely : 
 mercantile, manufacturing, and laundry. 
 
 An examination into the cost of living of women wage earners 
 employed in these industries, based on a State-wide survey, re- 
 sulted in the following estimates: In mercantile employment, 
 $523.27 per year; in factory employment, $489.24 per year; in 
 laundry employment, $499.27 per year. This survey was made 
 contingent on a budget of expenses comprising thirty items, and 
 embracing all necessities of living, divided as follows: Meals, 
 room, shoes and rubbers, repairing shoes, stockings, underwear, 
 petticoats, suit, coat, dresses and aprons, shirtwaists, handkerchiefs, 
 corsets, corsetwaists, gloves, neckwear, hats, umbrella, repair of 
 clothing, laundry, medicine and dentistry, street-car fare, news- 
 papers and magazines, stationery and postage, association dues, 
 insurance, vacation expenses, amusements, church and other con- 
 tributions, and incidentals. 
 
840 
 
 Appendix III 
 
 Minimum Wage Symposium 
 
 841 
 
 
 1 
 
 !l' 
 
 ^ 
 
 The wage investigation developed the fact that the wage rate 
 most generally received by experienced women in the different 
 occupations was approximately $8 per week. It was shown that 
 55.6 per cent, of mercantile store employees, 71.2 per cent, of 
 factory employes and 72.4 per cent of laundry employes earned 
 less than $10 per week. Of the total number of women employees 
 m factories and laundries, 39 per cent were paid less than $8 per 
 week. The lowest wage recorded was $3 per week, not including 
 millinery shops, where apprentices were in many instances receiv- 
 ing little or no salary. 
 
 Upon the result of these investigations, conferences consisting 
 of three employers, three employes and three disinterested persons 
 representing the public, were called by the Commission for each 
 industry. These subordinate wage boards, pursuant to law, recom- 
 mended to the Commission for its adoption or rejection an amount 
 considered adequate to maintain a self-supporting woman in 
 health and comfort. 
 
 In this manner legal wage rates have been established in four 
 of the leading industries of the State. The dates upon which 
 they became effective and the weekly rates are as follows: June 
 27, 1914, mercantile industry, $10; August 1, 1914, manufactur- 
 mg industry, $8.90; August 24, 1914, laundry industry, $9- 
 September 7, 1914, telephone industry, $9. ' 
 
 The above wage rates apply to experienced women over the age 
 of eighteen years, while a flat wage of $6 per week has been 
 established for all minors under eighteen years of age, employed 
 in the different industries mentioned. 
 
 The Washington law makes special provision for the inex- 
 perienced worker so that the two classes of workers, experienced 
 and inexperienced, may be handled independently of each other. 
 The results thus far obtained show the wisdom of this course. The 
 section of the law covering this question reads: 
 
 " For any occupation in which a minimum rate has been 
 established, the Commission through its secretary may issue 
 to a woman physically defective or crippled by age or other- 
 wise, or to an apprentice in such class of employment or occu- 
 pation as usually requires to be learned by apprentices, a 
 
 special license authorizing the employment of such licensee 
 for a wage less than the legal minimum wage ; and the Com- 
 mission shall £x the minimum wage for said person, sucli 
 special license to be issued only in such cases as the Commis- 
 sion may decide the same is applied for in good faith and 
 that such license for apprentices shall be in force for such 
 length of time as the said Commission shall decide and de- 
 termine is proper." 
 
 The effectiveness of minimum wage legislation is largely de- 
 pendent on the manner in which the apprenticeship question is 
 handled. The Washington Commission has perhaps pioneered the 
 way in this regard by evolving a system of issuing special licenses 
 to learners, a plan that is intended to safeguard the interests of 
 the apprentice as well as the skilled worker by limiting the number 
 of learners in an establishment, by regulating the period of in- 
 denture and by specifying the wage increases at stated intervals 
 within that period. As a matter of fact the situation is fully con- 
 trolled by the Commission in such a manner as to eliminate the 
 abuses that are inherent to the apprenticeship question and which 
 usually result in weakening the whole minimum wage structure. 
 
 In constructing its apprenticeship policy the Commission has 
 taken advantage of a most liberal interpretation of that section of 
 the law pertaining to the issuance of licenses. Of the hundreds 
 of various occupations in the different industries each is given 
 individual consideration in determining the period of indenture 
 and the wage that the apprentice is to receive. By limiting the 
 number of apprentices in each establishment a general displace- 
 ment of skilled workers is prevented. For instance, apprentices 
 in mercantile establishments are limited to seventeen per cent, of 
 the total number of females employed in each establishment. 
 
 That the apprentice may be paid according to the skill that she 
 acquires in her advancement toward the minimum wage, the 
 Commission requires in the terms of the license that an increase 
 in wages must be given at stated intervals. These increases are 
 computed according to the advancement of the average learner in 
 her earning capacity and are based on investigations into the 
 
842 
 
 Appendix III 
 
 'I 
 
 I I 
 
 li 
 i 
 
 iti 
 il 
 
 f 
 
 
 »i < 
 
 particular occupation to which the license applies. The piece 
 work system has afforded a practical basis upon which to make 
 these adjustments. The degree of skill required in each particular 
 occupation is also a governing factor in fixing the period of inden- 
 ture, this from the fact that the established minimum wage is not 
 intended to represent the maximum earning power of a skilled 
 worker. Therefore, it must not be presumed that the period of 
 indenture allowed is intended to be the full term of apprenticeship, 
 but rather to be that period of time necessary to reach the point 
 of earning the minimum wage. 
 
 The gradual increase in wages as the apprenticeship proceeds 
 w designed to protect the apprentice from being discharged when 
 her term of indenture terminates, at which time she graduates into 
 the minimum wage class of workers, and this method offers no 
 injustice to her employer as the adjustment is regulated according 
 to her earning ability. These periods of advancement in wa-^ 
 vary according to occupation, and are divided into two, three or 
 four periods as conditions justify. For instance, in an occupa- 
 tion where nine months' apprenticeship is allowed, the beginner 
 receives $6 per week for the first three months, and an increase 
 of sixty cents per week at the beginning of each successive two 
 months period until she receives $7.80 for the last two months 
 prior to entering the minimum wage class at $9 per week. 
 
 The apprenticeship question, having been brought to light 
 through the minimum wage, has precipitated a discussion of its 
 problems among the educators of the State, which has already 
 crystallized into a concerted movement to have the question 
 brought before the coming Legislature with a view of establish- 
 ing a system of vocational training in the publis schools which 
 when achieved may serve to shorten apprenticeship periods as now 
 established. 
 
 One resultant feature of the Minimum Wage Law as noted 
 since It became effective in Washington, is that it has had a 
 marked tendency toward raising the standard of efficiency This 
 18 perhaps best illustrated by a letter received from a prominent 
 garment manufacturer in Seattle who operates his factory entirely 
 on the piece work plan. This manufacturer was considerably ad- 
 
 Minimum Wage Symposium 
 
 843 
 
 verse to minimum wage legislation prior to its enactment His 
 letter indicates his approval of the law after a fair trial and reflects 
 the general sentiment among that class of employers who realize 
 and observe the rights and interests of their employees. In part 
 he has this to say : 
 
 " Personally, I find that my business has been benefited, 
 as the necessity for greater discipline and a more rigid en- 
 forcement of regular hours of work has become fully apparent 
 We have raised our average weekly payroll, I think I am safe 
 in sajing, at least $1 per girl if not more. Some of our 
 help, to be sure, have always done their best and have shown 
 but little change, but those who were satisfied with less, the 
 minimum wage has benefited, as they saw they must earn 
 more or quit 
 
 " I am writing you this personal letter about my personal 
 experience in an individual case. It has been a benefit in 
 this factory in raising the standard of efficiency and in forc- 
 ing a closer application to duty on the part of the operator 
 and necessarily has been a benefit to the employer. I am not 
 in a position to speak for other factories and industries, but, 
 aside from some hardship that the law may work on the less 
 competent, I cannot see why it will not give a greater 
 efficiency to our factory forces." 
 
 The above expression of satisfaction does by no means indicate 
 that the working girls as a whole have not been likewise benefited, 
 for it is apparent, after due investigation, that each worker is now 
 leceiving more nearly the full amount of her earning ability. 
 This applies principally to establishments where employers sought 
 to reap large profits by taking advantage of an overcrowded labor 
 market, without considering the justice of a living wage. 
 
 The minimum wage has demonstrated that employers, when 
 forced to pay a living wage, insist on securing the most efficient 
 help obtainable. This is amply illustrated by the fact that less 
 than eight per cent of the total number of females now employed 
 are licensed apprentices, which no doubt is largely due to strict 
 regulation by the Commission. A survey now being made to 
 
844 
 
 tl 
 
 IV 
 
 u 
 
 I™ 
 
 )! 
 
 1!; 
 
 Appendix III 
 
 determine the effects of the operation of the Minimum Wage 
 Law indicates that there has been no tendency of the minimum 
 becoming the maximum. But few instances are noted where 
 highly paid workers have had their wages reduced, in fact the 
 cases are so few that they have no bearing on the situation. On 
 the other hand a considerable nimiber of workers have received 
 a substantial inc-ease in many instances of from three to four 
 dollars per week. The results of this survey will be published 
 shortly. 
 
 That to some extent the sub-average workers have been displaced 
 cannot be denied, yet the number so affected does not nearly ap- 
 proach the number of those that have received an increase in wages 
 through the operation of the law. 
 
 The administration of the law has been successfully accom- 
 plished without any serious difficulties. The employers of the 
 State generally have manifested a desire to conform to the rulings 
 of the Commission, and wherever violations have occurred, they 
 have been largely due to ignorance of the provisions of the law 
 and have been readily adjusted without recourse to legal procedure. 
 
 WISCONSIN 
 
 Statement of C. H. Cbownhaet 
 The Legislature of 1913 passed a minimum wage act for Wis- 
 consin. The administration of this act was placed with the In- 
 dustrial Commission. It provided in the act that after July 1, 
 1914, upon a petition stating jurisdictional facts, the Commission 
 shall appoint an advisory wage board and proceed to a detei^ 
 mination as to a living waga In September, 1914, such petition 
 was filed from the county of Milwaukee, applying to several in- 
 dustries there. The Commission has taken steps towards the 
 appointment of an advisory wage board. Such appointment will 
 be made within a few days. This board will then consider the 
 matter of living wages for all women and children in the county 
 of Milwaukee, and report its findings to the Industrial Commia- 
 sion, when a minimum wage will be established for that county. 
 
 Minimum Wage Symposium 
 
 845 
 
 As soon as the minimum wage is established for Milwaukee county, 
 it is the intention of the Commission to establish a minimum 
 wage for the balance of the State. 
 
 Since the passage of the act, the Industrial Commission has 
 made a somewhat extensive investigation of wages and labor con- 
 ditions as to women and children in the State of Wisconsin, and 
 this data will be placed before the minimum wage board of Mil- 
 waukee, and will be considered by that board. It is probable 
 that a minimum wage will not be established before January 1st, 
 next 
 
t 'I 
 
 »r 
 
 4. INDUSTRIAL EDUCATION AND WAGES 
 
 Tn November, 1914, the Commission sent letters of inquiry to 
 a selected list of employers and educators, on the relation of in- 
 dustrial training to wages. Replies were received from the follow- 
 ing: 
 
 William C. Ash, Principal, Philadelphia Trades School, 
 Philadelphia, Pa. 
 
 W. H. Belcher, Vice-President and General Manager, 
 The Walter M. Lownej €0., Boston, Mass. 
 
 Meyer Bloomfield, Director, Vocation Bureau, Boston, 
 Mass. 
 
 James E. Dougan, Principal, Boys' Industrial School, 
 Newark, N. J. 
 
 Joseph J. Eaton, Principal, Saunders Trade School, 
 Yonkers, K Y. 
 
 A. Caswell Ellis, Director, Department of Extension, 
 University of Texas, Austin, Tex. 
 
 Alfred P. Fletcher, Assistant Superintendent of 
 Schools, Rochester, N. Y. 
 
 Frederick A. Geier, President, Cincinnati Milling 
 
 Machine Co. 
 Lewis Gustafson, Superintendent, David Ranken, Jr., 
 
 School of Mechanical Trades, St. Louis, Mo. 
 F. C. Henderschott, Secretary, National Association of 
 
 Corporation Schools, New York City. 
 
 Ernest M. Hopkins, Curtis Publishing Co., Philadelphia, 
 Pa. 
 
 W. B. Hunter, Director, Industrial Department, High 
 School, Fitchburg, Mass. 
 
 Pliny A. Johnson, Principal, Woodward High School, 
 Cincinnati, Ohio. 
 
 Millard B. Kino, Expert in Industrial Education, State 
 Education Department, Harrisburgh, Pa. 
 
 1846] 
 
 Memoranda on Industrial Education 
 
 847 
 
 Paul Kreuzpointner, Chairman, Committee on Indus- 
 trial Education, American Foundrymen's Association, 
 Altoona, Pa, 
 
 John A. Lapp, Director, Bureau of Legislative Informa- 
 tion, Indianapolis, Ind. 
 
 James P. Munroe, President, Munroe Felt and Paper Co., 
 Boston, Mass. 
 
 H. B. R. Schbel, Brighton Mills, Passaic, N. J. 
 
 Albert Shiels, Director, Division of Reference and Re- 
 search, Board of Education, New York City. 
 
 J. G. Spofford, Principal, Quincy Industrial School, 
 Quincy, Mass. 
 
 Mary Schenk Woolman, President, Women's Educa- 
 tional and Industrial Union, Boston, Mass. 
 
\ 
 
 848 
 
 :1 
 
 II ; 
 
 
 ii 
 
 '(^■ 
 
 •1 
 
 ii If 
 I' I 
 
 f' 
 
 II 
 
 Appendix III 
 
 Statement of William C. Ash 
 In Philadelphia we have not been able to make any arrangement 
 with unions concerning the work of the trades schools. We have 
 however, organized continuation classes in printing and sheet metal 
 work — which organization has resulted in the development of 
 formal apprenticeship agreements between the employers and the 
 apprentices in these trades. I enclose a copy of the sheet metal 
 workers agreement from which you can get the wage rate. 
 
 I feel very strongly that as the proper methods of teaching are 
 developed and the work of vocational schools is brought up to a 
 certain degree of efficiency the employers and the unions should 
 make formal recognition of the time and effort to learn the trade, 
 spent by apprentices outside of shop. This duty on the part of 
 the employers and the unions is especially evident in cases where 
 the school work is done in the evenings. For instance, we have 
 m the Philadelphia Trades School 400 plumbers^ apprentices who 
 attend the evening schools three nights a week for six months in 
 the year. Certainly some substantial recognition should be made 
 for these young men who are willing to make so much sacrifice. 
 Of course, in considering the possibility of shortening the time 
 we are face to face with the proposition of sending forth a ju- 
 venile as a journeyman mechanic and, as the tradition of ages has 
 fixed 21 as the age of beginning for a journeyman's career, it 
 seems that at this time some other form of recognition would have 
 to be made. When action is taken on this matter I suppose that 
 a wage increase, which will be equivalent to a modified joumey- 
 manship, will be the form of the reward. 
 
 Statement of Wu H. Belcheb 
 We have had for some years, what we call a school for chocolate 
 dipping, which 18 a room set apart and properly fitted up for the 
 purpose of teaching girls how to dip chocolates — this being with 
 us, largely a hand proposition. This school has been in opera- 
 tion only certain months of the year, say from July 1st to the end 
 of the year. At the present time conditions are such that we have 
 a large force and are not now operating the school. 
 
 Memoranda on Industeial Education 
 
 849 
 
 This chocolate dipping school is the only sort of vocational 
 training which we do systematically — other training in our bon- 
 bon, chocolate and paper box factories being done in the various 
 workrooms. The whole point of the separate school for chocolate 
 dipping is that individual attention may be paid to girls and 
 proper instruction given, so that when they go into the workrooms 
 they may not need as much supervision as if they went there 
 totally inexperienced. Again, it affords us an opportunity, by 
 careful supervision, to determine whether girls are actually 
 adapted for hand work, before they get into the workrooms. Many 
 of our girls are on piece work, and systematic training 
 affords them an opportunity of starting out with better wages, and 
 offers also the opportunity of more rapid advancement. In our 
 industry, a girl who does hand dipping is really an expense for 
 some time, unless very carefully instructed, because she not only 
 takes the time of supervisors, but wastes material. We pay for 
 the time of the girls in the instruction room. 
 
 As a matter of outside interest, we allow two classes of girls to 
 go twice each week to a household arts continuation school, at the 
 North Bennett Street Industrial School, near our factory, paying 
 the girls for the time they are in attendance at the school. 
 
 Statement of Meyeb Bloomfield 
 
 There is so little material of a comprehensive character on the 
 question of the relation of industrial education to wages, that we 
 are forced, for the present, to fall back on common observation, 
 and the testimony of reliable witnesses, for support of the conten- 
 tion that wages and improvement in industrial quality are inter- 
 related. 
 
 To be sure, we have the convincing annual reports of such in- 
 stitutions as the Williamson School, the Hebrew Technical Insti- 
 tute (whose annual record of its graduates' earnings is most illu- 
 minating), the Beverly Industrial School, and scores of others 
 which provide vocational training. Moreover, we have the data 
 furnished by such important private enterprises as the Schmidlapp 
 Fund of Cincinnati and the Vocational Scholarship Fund of the 
 
n 
 
 850 
 
 \\ 
 
 i 
 
 W 
 
 t-' 
 
 i 
 
 
 I 
 
 •^li 
 
 Appendix III 
 
 Henrj Street Settlement to show that industrial training with a 
 definite group of children positively lifts these children above the 
 wage levels of untrained children. In the apprenticeship courses 
 of various large industrial establishments we have again conclu- 
 sive evidence as to the effect of training on earning capacity. 
 
 It is sometimes intimated that testimony from such enterprises 
 is based on the records of necessarily selected groups, and there- 
 fore cannot be considered final. If we had a universal scheme of 
 industrial training we should indeed be in a better position to 
 argue the case. Nevertheless there is sufficient experience and a 
 reliable mass of observed cases to furnish a basis of comparison be- 
 tween groups of workers who have entered upon wage-earning with 
 some preliminary training and those without such training. 
 
 If we look upon earnings from tlie viewpoint of steady income 
 we find still further support in favor of the economic value of 
 industrial training. Apart from financial crises and depressions 
 which no training can possibly affect, as the causes lie outside the 
 scope of educational forces, it is well known that the trained 
 worker is better off as to regularity of employment, adjustability 
 to new demands, and the possibility of making headway, than the 
 untrained worker. 
 
 From the viewpoint of the State, the nature of the industries 
 which any community can carry on, whether those industries are 
 to be high-grade products paying high wages, or low-grade prod- 
 ucts demanding cheaply paid labor, depends largely on the in- 
 dustrial quality, the intelligence, health, and equipment of the 
 workers. 
 
 In brief, then, industrial training brings earning opportunities 
 to those who have it, not possible to those without it ; such training 
 helps toward steady earnings, regularity of employment, and to a 
 progressive career; and above all else it materially determines the 
 type of productive enterprise which a conmiunity may engage in. 
 
 In addition to the economic aspects of industrial training are 
 fundamental social and civic considerations which in themselves 
 justify the thought and expense involved in sound schemes for 
 helping the present and the future workers to make good in the 
 work that society needs. 
 
 Memoranda on Industrial Education 
 
 851 
 
 Statement of James E. Dougan 
 I have your letter regarding the study of wages. At present we 
 have no binding agreement with any employers or labor unions as 
 to what wage our graduates should be paid nor as to what time, if 
 any, should be deducted from their apprenticeship. 
 
 I have been working on this phase of our school work for some 
 time but it seems to be a difficult problem to solve. The fact that 
 the boys are so different mentally and physically seems to make 
 employers hesitate to make any agreement concerning them all. 
 They would rather judge each individual case on its own merits. 
 I have personal knowledge of cases where graduates of this 
 school have started work at the trades as high as $12 weekly, but 
 there is no agreement with this firm to that effect. I think that 
 we can properly say that graduates of this school start to work at 
 a wage increased from two to six dollars over those not so trained. 
 
 Statement of Joseph J. Eaton 
 
 There is no doubt whatsoever in my mind that boys who secure 
 the proper shop instruction, together with practice in the use of 
 tools and machinery (and having all this supplemented by corre- 
 lated work in academic subjects), as a rule, are better equipped 
 to undertake real work in the shop and factory. Of course, it is 
 understood that the boy has to select the kind of shop work, in the 
 school, which he most desires, and that he is not handicapped at 
 the beginning by mental or physical inferiority. Above state- 
 ments are based upon actual observation of boys who were trained 
 for the textile industry, for carpentry work, and for machine work, 
 and cover an experience in industrial school work for a period of 
 seventeen years. The Saunders Trade School has been established 
 but three years, thus giving us but little opportunity to verify the 
 above observations which were made elsewhere. However, f ullv 70 
 per cent of our graduates are at work in the trades for which thev 
 were prepared, and I have yet to hear of any complaint being made 
 from any employer regarding any boy whom we have recom- 
 mended. On the contrary, in many cases, we have been informed 
 
 t'l 
 
852 
 
 Appendix III 
 
 ■i[ 
 
 ii 
 
 '!i 
 
 ; 
 
 •I 
 
 > 
 
 ! 
 
 w 
 
 that the bo/s work has been entirely satisfactory. We are highly 
 desirous of receiving the approval of the union workers in the 
 various trades. At the present time, the electrical workers' union 
 has incorporated a clause in their apprenticeship agreement 
 whereby apprentices are granted credit for their work in this 
 school on the basis of one year's advancement for each two years 
 spent hera Furthermore, the same union requires that all ap- 
 prentices must attend the Saunders Evening Trades School. 
 
 Statement of A. Caswell Ellis 
 
 My views on the relationship of industrial training to wages 
 would cover a great many pages, and have been embodied in a 
 bulletin of the National Bureau of Education which will be 
 printed sometime between now and January. I would suggest 
 that you keep a lookout for this bulletin, and if you have any 
 difficulty in securing it, let me hear from you. The matter is too 
 lengthy to discuss in a letter. If after reading this you think I 
 could be of any further service to you, I should be glad to do so. 
 
 Statement of Alfbed P. Fletciieb 
 
 The following circulars will explain the definite arrangements 
 that we have in two trades with r^ard to the boys who have been 
 trained in our Shop School. The printing agreement fails to state 
 that the boys on completing two years of outside work receive their 
 journeymen papers and are admitted to the union. 
 
 These are the only absolutely definite agreements that we have 
 at the present time. In some of the other trades graduates of the 
 school are given a higher wage than they would otherwise receive 
 but as yet this has not been formally agreed ta 
 
 The enclosed agreement with the painters and decorators is now 
 in the " works." An agreement with them will probably be con- 
 summated within the next few weeks. 
 
 Memobanda on Industbial Education 
 
 853 
 
 /. Agreement Between the Rochester Typothetae and the Roch- 
 ester Shop School 
 
 The term of apprenticeship in the printing trade shall be four 
 years, three months of which shall consist of a preliminary or 
 " try out " course at the Rochester Shop School. During this pre- 
 liminary course the fitness of the pupil for the printing trade 
 shall be determined. 
 
 Upon completing this preliminary course, the pupil may enter 
 the employment of some printing plant as an apprentice, the 
 Typothetae agreeing to provide places for a certain number of 
 pupils each year. The apprentice shall alternate weekly between 
 the shop school and said printing plant, and is to receive from the 
 employer a weekly wage of $4 for the balance of the first six 
 months — $4.50 for the second six months — $5 for the third six 
 months, and $5.50 for the fourth six months. The employer is to 
 pay wages for the school time as well as for shop time. 
 
 After this period, having faithfully performed his duties, he 
 may devote the remainder of his apprenticeship entirely to the 
 shop, and for which he shall receive $9 per week for the first six 
 months, $10 per week for the second six months, $11 per week for 
 the third six months, and $12 per week for the fourth six months, 
 during which time, however, he shall be considered under the 
 supervision of the shop school, and upon completion of the school 
 term and apprenticeship, having passed all the examinations 
 and being graduated from the shop school, he shall receive from 
 the employer as a gratuitous bonus, in addition to his salary and 
 not as any part thereof, the sum of $100. 
 
 //. Painters* Agreement 
 (June 19, 1914.) 
 I. The shop school shall give to boys who are not less than six- 
 teen years old and who have completed at least the seventh 
 grade, or preferably to boys who have completed the work of the 
 elementary schools, a general industrial or " try-out " course of 
 such length as the school authorities may deem necessary, and 
 shall select those who have an aptitude for and an ambition 
 toward the trade of painting. 
 
■ ».; 
 
 v. 
 
 I 
 
 Hi: 
 
 
 'I 
 
 ■ lid 
 
 •I 
 
 \f 
 
 
 854 
 
 Appendix III 
 
 II. The shop school shall give boys thus selected a preparatory 
 course of approximately two years, one-half of each day being 
 spent in shop practice and the other half in the study of shop 
 mathematics, mechanical drawing, applied science, industrial his- 
 tory, civics and English. 
 
 III. Upon the satisfactory completion of this course the print- 
 ing employers of Rochester shall employ these boys in such num- 
 bers as trade conditions or shop managament shall warrant, at the 
 following scale of wages: $7 per week for the first year; $10 per 
 week for the second year; $13 per week for the third year. 
 
 IV. During the three years' apprenticeship the employer 
 shall allow the boy, during working hours, an amount of time off 
 equivalent to one-half day each week for continuing his studies, 
 such time to be taken when manufacturing conditions will best 
 permit 
 
 V. The first three months of employment as provided in 
 articles III and IV shall be considered a probationary period and 
 the diploma of the school shall not be awarded until the satis- 
 factory completion of this probationary period. 
 
 VI. The members of the Master Painters' and Decorators' As- 
 sociation of Rochester shall select a committee of three of their 
 number who shall, first, inspect frequently the work of the shop 
 school and offer criticisms and suggestions for the improvement 
 of the work ; second, suggest tests that shall measure the pupils' 
 progress in manipulative skill and technical knowledge; third, 
 suggest tests that shall measure the qualifications of the boys for 
 graduation. 
 
 ///. Letters from Rochester Manufacturers to the Rochester De- 
 partment of Public Instruction 
 M. D. Knowlton €o.. Paper Box Machinery 
 
 We are interested in your proposition to train boys for the 
 machinist's trade and if business conditions are normal, we shall 
 be able, in 1916, to take four boys as apprentices. These boys 
 will be employed at the following wage scale : $8 for the first six 
 months; $9 for the second six months; $10 for the third six 
 months, $11 for the fourth six months, with a bonus of $100 to 
 the boys who complete two years' work with us. During these 
 
 Memoranda on Industrial Education 
 
 855 
 
 two years we are willing to try out the " half time " plan pro- 
 vided the time unit of employment can be three months. 
 
 It is understood that the $100 bonus is only for young men 
 that complete the course of four years as outlined by the school 
 board, viz., two years at the technical school and two years in the 
 shop. 
 
 Gleason Works, Gears and Gear Cutting Machinery 
 
 We are interested in your proposition to train boys for the 
 machinist trade, and if business conditions are normal, in 1916, 
 we would take two boys for a two-year apprenticeship and pay 
 them the prevailing wage scale for apprentices at that time and a 
 bonus of $100 to the boys who complete two years' work with us. 
 
 During this period we would be willing to allow the boys the 
 equivalent of one-half day off weekly to continue their work in 
 the Rochester Shop School and will pay them for this time. 
 
 American Wood Working Machinery Co 
 
 Replying to your favor of February 28, with reference to the 
 machine department of the Rochester Shop School, would say 
 that we are interested and want to give this movement all the en- 
 couragement possible. 
 
 We shall be able, in 1916, to take two boys as apprentices, they 
 having completed a two years' course in the machine department 
 of the Rochester Shop School. 
 
 These boys will be employed by us at the following wage scale : 
 $8 for the first six months ; $9 for the second six months ; $10 for 
 the third six months; $11 for the fourth six months. 
 
 We would be willing to allow the boys the equivalent of one- 
 half day off weekly to continue their work, if the proper interest 
 is shown. 
 
 Eastman Kodak Co., Photographic Supplies. 
 
 We are interested in your proposition to train boys for the 
 machinist's trade and if business conditions are nonnal, we shall 
 be able, in 1916, to take two boys, eighteen years old, as appren- 
 tices, after having completed a two years' course in the machine 
 department at the Rochester iShop School. These boys will be 
 
356 
 
 I 
 
 ii I 
 
 •T'i 
 
 11, i 
 
 ! 
 
 
 I 
 
 
 A 
 
 Appendix III 
 
 employed by us at the following wage scale : $8 for the first six 
 months; $9 for the second six months; $10 for the third six 
 months; $11 for the fourth six months, with a bonus of $100 to 
 the boy who completes two years^ work with us. 
 
 We would be willing to allow the boy the equivalent of one-half 
 day off weekly to continue his work in the shop school and would 
 pay him for this time. 
 
 Statement of Frederick A, Geier 
 
 It is somewhat difficult to make a definite statement on the 
 relationship between industrial training and wages. I might say, 
 however, that greater industrial intelligence is being demanded to 
 meet the more intensive competition and also the demands that 
 are coming through social legislation for shorter hours, compulsory 
 compensation, etc., and with this demand for greater efficiency, 
 wages are gradually going higher. 
 
 I believe that through industrial education we can in time so 
 improve the quality and efficiency of labor as will bring about that 
 intelligent co-operation which will permit the employer to pay 
 higher wages and at the same time enable him to hold the cost of 
 his product down to where it should be. 
 
 Statement of Lewis Gustafson 
 There seems to be a tendency on the part of the Carpenters' 
 Union to require one year of practice from our graduates before 
 giving them a journeyman's card. I have been told that one or- 
 ganization of painters will give them a card on fulfilling the same 
 requirements. Our course of study is two years; the apprentice- 
 ship is four; so that we may say where this prevails two years in 
 the school is equivalent to three years in the trade. There has been 
 no definite arrangement, however. A number of boys have joined 
 the unions in other trades, but they have done so by finding work 
 where they could get it and then proving themselves equal to 
 journeymen. In most cases this has taken several months. We 
 have no positive data on the subject. 
 
 Memoranda on Industrial Education 
 
 867 
 
 The requirement of one year seems to us very just. Regardless 
 of the thoroughness with which boys in a school may be trained, 
 a year of supplementary experience under the various conditions 
 arising in the commercial world seems highly desirable. 
 
 The following is a form of contract to be entered into between 
 the employer, apprentice and the Master Tin and Sheet Metal 
 Workers Association of Philadelphia as sponsor for the boy. 
 
 Contract 
 
 This agreement, made this day of ,19 , be- 
 
 tween of the city of Philadelphia, to be known as 
 
 the party of the first part, and parent or guardian of 
 
 of said city, to be known as party of second 
 part, and the Master Tin and Sheet Metal Workers Association 
 of said city, hereinafter called the party of the third part 
 
 Witnesseth whereas, The said is serving an appren- 
 
 ticeship of four years with the said party of the first part, at a 
 stipulated rate of wages herein agreed upon, 
 
 And whereas, It is recognized as advantageous to both parties 
 that the said apprentice should continue with and faithfully 
 serve the said parties of the first part during the term of said 
 apprenticeship which will expire provided he has no 
 
 lost time to make up. 
 
 Now this agreement witnesseth, That the said appren- 
 
 tice as aforesaid does hereby agree with said parties of the first 
 and third part that shall in all respects faithfully 
 
 serve the said and to the best of his knowledge, 
 
 perform such work and duties as he may be directed to perform 
 for the said for the entire term of said appren- 
 
 ticeship of four years. 
 
 In consideration whereof, The said does hereby agree 
 
 to pay into the treasury of party of the third part (the Master 
 Tin and Sheet Metal Workers Association), the sum of $1 
 per week, for each week the said apprentice shall have worked, 
 from the date of this contract, until the end of such term ; out of 
 which and at the end of such term the party of third part will 
 pay said party of first part the sum of $200. 
 
 Provided, And it is expressly understood and agreed, that 
 should the said apprentice be discharged at any time for failure 
 
858 
 
 Appendix III 
 
 h 
 
 I 
 
 % 
 
 (■'' 
 
 Uh 
 
 :i 
 
 
 S' 
 
 to obej the directions of the said or its proper 
 
 agents and managers, or should he fail to faithfully 
 
 serve the said during the entire period agreed upon, 
 
 of his apprenticeship that then and in either case he shall not be 
 entitled to receive any portion of said fund and the agreement 
 shall in such event, become null and void, and in no case shall the 
 premium hereby agreed to be paid, be considered as wages, but 
 merely as a reward fund for satisfactory and intelligent service 
 for a period of four years. 
 
 Provided further, That the said apprentice shall attend school 
 one full day per week and be subject, while there, to the same 
 conditions as though such attendance were necessary to enable him 
 to learn the trade, providing furnish him free tuition. 
 
 It is understood and agreed that all necessary instruments and 
 supplies required in prosecuting his studies will be furnished by 
 apprentice at his cost and expense. 
 
 Provided further, In the event of desiring to discon- 
 
 tinue the business, or the services of the party of the second part 
 because of lack of business, or financial difficulties, it is mutually 
 agreed by all three parties that party of second part may bo 
 transferred by the party of the third part to another employer 
 who is a member of the association of the third part, at tJie first 
 opportunity, and this agreement remains in force by its acceptr 
 ance and signing by the new employer, whereby party of second 
 part shall be given credit for full time of meritorious service 
 previously served under this contract 
 
 Provided further. In the event of party of second part being 
 disabled or becoming physically unable to perform such duties 
 demanded by the trade, it is mutually agreed by all three parties, 
 that the agreement shall be discontinued by the said association, 
 paying the said apprentice a sum equal to one dollar per week for 
 the number of weeks said apprentice has served, from date of this 
 contract 
 
 And whereas. It is recognized and agreed that it is mutually 
 advantageous to the parties of the first, second and third part 
 that the party of the second part attend regularly the school pro- 
 vided and designated by the parties of the first and third part 
 
 Be it understood and agreed. That party of third part, shall 
 name a day of the week, on which day party of first part will 
 
 Memoranda on Industrial Education 
 
 859 
 
 V, 
 
 order the party of second part to attend the full session of school 
 from nine to twelve o'clock and twelve-thirty to three-thirty 
 o'clock that day; for which party of second part will receive a 
 full day's pay; provided further, if party of second part shall 
 absent himself any fraction of the session, he shall receive pay 
 only for as many hours or fraction, as he is present, and should 
 he miss two sessions without just and sufficient reason, the party 
 of third part shall investigate the cause and shall recommend 
 suitable penalty, according to circumstances, to which all parties 
 herein mentioned agree to, forthwith. 
 
 It is further agreed. That the party of the first part will pay 
 the party of the second part according to the following rate, dur- 
 ing the three months' probation period and for and including the 
 first eighteen months of this contract 
 
 Probation period (three months) $5 00 per week 
 
 First six months of contract 5 00 per week 
 
 Second six months of contract 5 50 per week 
 
 Third six months of contract 6 00 per week 
 
 and from the end of the first eighteen months to and including 
 each additional six months period until the expiration of this 
 contract, a sum not less than fifty cents shall be added, at the ex- 
 piration of each six months' period. 
 
 In witness whereof, The said parties hereto have hereimto set 
 their hands and seals, the day and year first above written. 
 Signed, sealed and delivered in the presence of 
 
 (seal). 
 
 Witness , 
 
 Parent or Gruardian 
 
 of 
 
 Witness , 
 
 Employer 
 
 Witness , 
 
 Master Tin and Sheet Metal Workers 
 Association of Philadelphia. 
 
 (Seal) 
 
 President. 
 . . . . , 
 Secretary, 
 
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 860 
 
 Appendix III 
 
 Statement of F. C Henderschott 
 Your first qtiestion — enacting minimum wage legislation. I 
 have given much study to this subject but I have not reached a 
 definite conclusion. I am of the opinion that minimum wage 
 has but little to do with many of the evils attributed to it At 
 one time there was a strong sentiment that morality among women 
 was affected by the wages which they received. This sentiment 
 I think happily has disappeared. So many things enter into the 
 earning capacity of the individual that I have not yet been able 
 to bring myself to the conclusion that legislation will remedy 
 the evils which we find in low wages. I believe the subject 
 should be approached from another direction. I think there is 
 no argument against the contention that the well trained boy or 
 girl has a greater earning capacity than the untrained or unskilled 
 worker. I do not wish to go on record as opposed to the increase 
 of earning capacity of the unskilled worker but I am not yet con- 
 vinced that legislation, especially in the form of a law establish- 
 ing a minimum wage, will correct this condition. The law yi 
 supply and demand cannot be successfully succeeded by a mini- 
 mum wage. 
 
 Your second question — relationship between industrial train- 
 ing and wages. This question, to by mind, goes straight to the 
 heart of the subject you are considering. According to statistics 
 obtained from the report of the Government's Bureau of Educa- 
 tion for 1912 (the latest government statistics available) only 
 about 4 per cent of the adult male population of the United 
 States has had high school education, and only about 2 per cent, 
 has had academic training. Not all of these small percentages 
 are graduates either of the high school or the colleges or universi- 
 ties. 
 
 Turning to " Who's Who in America " we find, upon making a 
 compilation, that about 85 per cent of those recorded in this 
 book received a high school education and nearly 66 per cent, had 
 academic training. 
 
 Turning now to the situation in our public schools in "Rew 
 York City, last year there were 661,000 pupils enrolled (ex- 
 clusive of the parochial schools) but only 4,079 graduated from 
 the high schools. Many of the scholars did not go beyond the 
 
 Memoranda on Industrial Education 
 
 861 
 
 fifth grade, many more reached only the sixth grade and lees than 
 half of the total enrollment will graduate from the grammar 
 schools. Less than 16 per cent of the total enrollment will enter 
 the high schools. The situation in New York is not unusual, on 
 the contrary, it is fairly representative of the conditions found in 
 the average American city. These figures bring out clearly the 
 mortality in education in our school system. The children who 
 drop out mostly around the fifth and sixth grades go into in- 
 dustry. It is this class that the minimum wage is designed to 
 help. You cannot fix an arbitrary scale of wages without regard 
 to earning capacity and successfully maintain the scale. What is 
 needed is more training for this great majority of American boys 
 and girls who leave school from various causes but who must earn 
 a living. The trained man or the trained woman surely has a 
 greater earning capacity than the untrained and unskilled. It 
 i» my judgment, at this time, although I do not claim to have 
 solved this great problem, that effort directed toward greater 
 efficiency, greater earning capacity, through proper industrial 
 education, will prove the most effective basis for increasing the 
 earning capacity of that unfortunate class who would be affected 
 by a minimum wage scale in industry. 
 
 Statement op Ernest M. Hopkins 
 
 One relationship between industrial training and wages may be 
 stated very simply. A large proportion of the industries of the 
 country need and are constantly seeking for workers capable of 
 development, and are willing to pay an increased wage when such 
 capacity shall be shown. The supply to satisfy this demand is 
 altogether insufficient, the largest responsibility for this fact be- 
 ing undoubtedly due to the inadequacies of our past educational 
 methods. 
 
 Little criticism can be offered in regard to what the public 
 schools have done toward giving children the tools of learning. 
 When they have done this, however, and have come to the point 
 where they should direct the use of these tools — where they 
 should apply knowledge of reading, writing and elementary 
 
SG2 
 
 Appendix III 
 
 ;' 
 
 i! 
 
 !' 
 
 
 figuring — they have been able to deal with the problem far less 
 effectively than in the more elementary work. This has resulted 
 in a special detriment to the State, since citizenship and industry 
 have suffered jointly from the inadequacy of the educational 
 method. 
 
 The host of low paid workers in so many industries is due, I 
 believe, to the fact that a large majority of these are not com- 
 petent for positions paying a higher wage, while a small minority 
 are withheld from higher wages through having become enmeshed 
 in the disqualifications of the majority. Not only this, but 
 flexibility and adaptability to environment are so lacking that 
 it is impossible to utilize the great majority of workers, with 
 success, on anything except that for which they have received 
 their specialized experience. 
 
 The solution of the problem is not, to my mind, so much in 
 attempting to cure the evils which exist as it is in taking measures 
 which shall preclude the continuance of these evils. The first 
 essential is to afford such training to the youth of the State, dur- 
 ing their school years, as shall give background, breadth and 
 capacity to those who are going into industry and who would, 
 otherwise, be unguided and untrained. 
 
 It is going to be more and more necessary for the citizenship of 
 the States that these commonwealths interest themselves in the 
 problem of the low-paid worker. The minimum wage, at the 
 most, will only accomplish greater refinements in measuring 
 efficiency of workers, and consequently will segregate the com- 
 paratively incompetent in the group of the unemployed. Herein 
 they are sure, in one way or another, to become a liability to the 
 State. Industrial education, on the contrary, if rightly applied, 
 will tend to breed competency and adaptability, which will 
 justify and can command higher wages. 
 
 Many kinds of industrial education have already been tried out 
 within the United States, and the results by which the different 
 systems can be judged are beginning to be available. Much has 
 been done, I believe, which has been good, without being of the 
 greatest benefit The night school is a makeshift, helpful to 
 some, but imposing an undue burden upon the health and vigor 
 of the many, while incapable of reaching the great majority. 
 
 Memoranda on Industrial Education 
 
 863 
 
 Certain t>T>es of trade schools, likewise, seem to me to ignore the 
 advantage which comes from training which breeds adaptability 
 in the workers. From such studies as I have been able to make, 
 I believe very strongly that continuation and part-time schools, 
 especially if combined with vocational guidance, afford the best 
 devised industrial education. Under such a system, a State can 
 save a largo part of tlie economic value now lost through the in- 
 competency of the worker or mal-adjustment of his talents to the 
 industrial problem. 
 
 Statement of W. B. Hunteb 
 
 The graduates of tlie Cooperative Courses of Fitchburg fit right 
 into the industries and are accepted by the manufacturers as jour- 
 neymen upon the completion of the course of four years in the 
 high school and three years of alternate shop and school consisting 
 of twenty weeks school and thirty weeks shop yearly. The shop 
 period is 4,950 hours, 1,650 hours each year. The wages are ten 
 cents per hour the first year, eleven cents per hour the second year, 
 and twelve and one-half cents per hour the third year. Wages 
 paid on completion of apprenticeship vary in different shops and 
 on different kinds of work according to the ability of the boy, 
 some receiving $2.25 per day, some $2.50 per day and others 
 $2.75. Some on piece work have received as high as $30 per 
 week, a year after graduation, and in general the wages of these 
 apprentices increase more rapidly than the old time apprentice, 
 a year or so after they become steady shop workers because they 
 have the ability to read blue prints and figure the shop examples 
 which the better class of work requires. I am constantly receiving 
 notice of this as I go about the shops and converse with foremen 
 and regular journeymen, and the fact that some of the workmen 
 come to our night class shows that they recognize the value of the 
 instruction given in the course. 
 
 There should be, in my judgment, a certain standard of mental 
 and manual dexterity in each line of work, commensurate with 
 the wage paid, and conversely, the wage paid should be commen- 
 surate with the mental and manual dexterity, for labor and wages 
 are so closely related that they should be reciprocal. The best 
 
864 
 
 Appendix III 
 
 i 
 
 i 
 
 F 
 
 V 
 
 \, 
 
 • r' 
 
 i 
 
 V 
 
 K 
 
 1 
 
 method to obtain these is the industrial school which looks not 
 merely to manual skill but to mental training which shows the 
 workman his duties and privileges as a citizen and social unit in 
 the community as well as giving him particular and specific 
 training pertaining to his trade. 
 
 Now if the state is to regulate the wages of every workman it 
 must be fully informed as to the necessary qualifications of each 
 worker in the thousand and one trades and subdivisions of trades, 
 an enormous task. Highly specialized trades may be more easily 
 cataloged than more diversified ones, and while large corporations 
 may be able to pay high wages, a small concern may be driven out 
 of business if compelled to pay this same wage. The workman on 
 his side would have to be examined to see if he came up to the 
 standard, and whereas many men by reason of many years of 
 practice are doing work in a highly satisfactory manner with 
 seemingly few qualifications for the job, another who appeared to 
 be excellently fitted for the work would fail completely to fill the 
 bilL It must be apparent that some things besides mere examina- 
 tion are necessaiy to determine who is fit and who unfit. It ia a 
 lamentable fact that the machinist and allied trades which demand 
 the highest type of worker receive much less compensation propor- 
 tionately than some of the less skilled trades. If a State board 
 could level up such differences it would undoubtedly mean an in- 
 crease in the cost of many articles to the consumer. 
 
 As a man who has worked at a trade myself and had to attend 
 night school to get much of my education, I commend any and all 
 efforts to give the worker opportunities for getting the kind of 
 education that he needs to put the dollars in his pocket, and I 
 also recognize the intense need of better educated workers to en- 
 able our manufacturers to produce the quality work that the sturdy 
 New England character of the past generation turned out, and 
 which is too often missing in this day. 
 
 To close: I believe that a better worker with more mental and 
 manual dexterity, obtained through real industrial education will 
 command better wages, and will be paid better wages, because he 
 produces the goods, and a State investigation that recognizes these 
 facts will be beneficial to both state, worker and employer. 
 
 Memoranda on Industrial Education 
 
 865 
 
 The FUchburg Plan of Cooperative IndvstruU EducaJtum 
 
 Organized August 1, 1908 
 
 The Cooperative Doob 
 
 The Cooperative Industrial Course of the Fitchburg High 
 School, patterned after the idea of Dean Schneider of the Univer- 
 sity of Cincinnati, was organized August 1, 1908, at the initiative 
 of Mr. Daniel Simonds, late president of the Simonds Manufactur- 
 ing Company, and provides an opportunity for learning a trade 
 and obtaining an education at the same time. This is accomplished 
 by spending alternate weeks in the shops of the city and the high 
 school as an apprentice in the following trades: 
 
 Machinist, pattemmaking, sawmaking, drafting, iron molding, 
 tinsmithing, piping, printing, textile and office worL 
 
 The course is of four years duration, the same as the regular 
 high school course. The first year is spent wholly in school, and 
 the next three alternate weekly between shop and school. A trial 
 period of two months, beginning at the end of the first school 
 year, is given each candidate to see if he is adapted to the particu- 
 lar trade he elects, and his parents sign an agreement whereby the 
 apprentice agrees to complete the full course, and the manufac- 
 turer, on his part, agrees to teach him the rudiments of the trade 
 as designated in this agreement. 
 
 Allotment to the various shops is made in June by the director 
 of the course, and, as far as possible, the desires of the boy as to 
 the shop he prefers are met. 
 
 Wages are paid for shop work at the following rates: First 
 year, ten cents an hour; second year, eleven cents an hour; third 
 year twelve and one-half cents an hour ; making a total of approxi- 
 mately $550 for the three years of shop work. 
 
 The first class graduated in June, 1911. Of this class, four are 
 attending the Cooperative Courses of the University of Cincinnati, 
 continuing their studies for engineers or teachers. The majority 
 of the class is working at their respective trades at wages ranging 
 from $2.50 to $3.50 per day. One of the first year's graduates is 
 getting $25 per week, and another $40 per week. Ninety per cent, 
 of the graduates are working at the trades they learned while 
 
 Vol. 1 — 28 
 
366 
 
 Appeitoix III 
 
 h: 
 
 Pi' 
 
 
 i?i 
 
 i 
 
 ill 
 
 ll 
 
 taking the course. Members of the course who are now alternat- 
 ing between shop and school are earning over $15,000 per year. 
 
 The studies are along such lines as will better fit them to prac- 
 tice their trades as skilled workmen and thinking mechanics, and 
 are actually correlated to the trade. English is taught in a vital 
 manner, so that the boy can tell about his work in clear language 
 and write descriptions of it that can be imderstood. A weekly 
 written and oral report of his shop work is required, to be filed for 
 reference as to his progress in his shop work. His reading is 
 directed along such lines as will acquaint him with the history of 
 industry, the progress of trade and invention which has made this 
 manufacturing age the greatest epoch in the world's history. He 
 does not ignore the classics, however, for he has an esthetic nature 
 that requires cultivation as well as the professional student. 
 
 Freehand and mechanical drawing are essentials to progress in 
 the trades, and are an equipment that enables him to read blue- 
 prints and proceed with his work on his own initiative. 
 
 Physics teaches him to understand the laws underlying all 
 mechanics. 
 
 Chemistry acquaints him with the nature and structure of 
 materials. 
 
 Shop mathematics train him in the problems that arise in daily 
 shop work. 
 
 Civics teaches him the duty of citizenship. 
 
 Mechanism of machines teaches him the principles and methods 
 of manufacture and operation of shop tools, and commercial 
 geography and business methods to understand the common laws 
 of business. 
 
 Economics deals with problems of industry and " Social Serv- 
 ice " and broadens his understanding of the problems of the day. 
 
 The course is now on its sixth year, having graduated three 
 classes, numbering fifty pupils. 
 
 The Fitchburg plan contemplates taking care of any trade or 
 vocation that the community offers for boys or girls to work at. It 
 is planned to take up the building trades, agriculture and women's 
 occupations just as soon as the demand for them is made. 
 
 The social side is fostered by the Fitchburg Industrial Society, 
 to which any member of the course above the freshman class is 
 
 Id^MORANDA ON InDUSTEIAL EDUCATION 
 
 867 
 
 eligible. Monthly meetings are held, at which talks on subjects of 
 interest and profit are given. The course also publishes " Coopera- 
 tion," in which items of interest to the school and shop are 
 chronicled. 
 
 This, then, is the " Fitchburg Plan " of industrial education, 
 the first public school idea in the country to really care for the 
 needs of the mechanic and furnish him with such an equipment 
 that on graducation from the high school he is a breadwinner, 
 with a place in the ranks of the world's busy workers. 
 
 Statement op Pliny A. Johnston 
 
 The industrial students of this school are not apprenticed to the 
 shops for we feel that this would shut the door against any chance 
 to make a necessary change of occupation. 
 
 Our pupils are paid on an average of eleven cents per hour. 
 You will understand that the industrial pupils cooperate with the 
 shops on the outside only in the third and fourth years. 
 
 Statemjent of Millakd B. Kino 
 
 That there is a definite relationship existing between industrial 
 training and wage is very clearly shown by the study of the re- 
 turns from many of the technical, trade and apprentice schools 
 which are in existence. A study of these returns shows that there 
 is a definite increase from year to year in the wages of the trained 
 worker. On the other hand, a study of the wages of the workers 
 who have not been trained for the industries, shows that their 
 wages increase little, if any, and that the wages are less than those 
 of the skilled workers. 
 
 While it is undoubtedly true that industrial training will not 
 make yearly jobs out of seasonal jobs, nevertheless the training 
 received in industrial schools will fit the worker so that he may 
 adapt himself more readily to occupations which are not seasonal, 
 or, at least, to those that offer a higher remuneration than the one 
 in which he is now employed. 
 
808 
 
 Appendix III 
 
 Memoranda on Industrial Education 
 
 869 
 
 ; 
 
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 11! 
 
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 III 
 
 f 
 
 Industrial training will make it possible for the boys and girls 
 to whom the doors of skilled industries are now closed to enter 
 those industries on a better footing and gradually increase their 
 earning capacity. The more intelligent the worker, the less the 
 scrap heap. While the wages of the intelligent workmen may not 
 be increased a great deal in the immediate future, a continual re- 
 duction of the scrap heap is bound to react favorably upon those 
 who bring about this saving. 
 
 While interviewing a number of presidents of large corpora- 
 tions and superintendents of various plants, the statement has 
 frequently been received that all workmen who attend the ap- 
 prentice and evening schools are advanced more rapidly than those 
 who did not avail themselves of the educational opportunities 
 afforded. 
 
 As the Pennsylvania State system of industrial training was 
 inaugurated in August, 1913, there has been little time to observe 
 iw effect upon wages. However, a number of instances come to 
 mind in which the increase of wage, also the advancement to a 
 higher position with the accompanying increase in wage, have been 
 due to the training received in industrial schools. 
 
 In the city of York, before the continuation school started, 
 the apprentices received six cents per hour. After the industrial 
 school was started and its effects were felt by the industries, the 
 apprentices' wages were increased to seven cents per hour for the 
 first period, eight cents for the second and so on gradually, until 
 fifteen cents an hour was reached for the sixth or last period of 
 time. This increase applied not only to the boys who were attend- 
 ing the continuation school, but it reacted favorably upon all of 
 the other apprentices who did not attend the school. 
 
 Again, the conditions existing in the mining industry may be 
 cited, as mining is one of Pennsylvana's chief industries. A mine 
 worker is not eligible to the position of mine foreman, assistant 
 mine foreman or fire boss, without a certificate being granted by 
 the mine examining board. The positions of mine foreman, 
 assistant mine foreman or fire boss are very desirable ones, in that 
 they offer nearly steady employment throughout the year, while 
 the men working in the mines may work two, three or four days a 
 week, depending upon the demand of the trade. 
 
 " 
 
 In order to secure a certificate, a mine worker must pass an 
 examination on subjects relating to mining, such as gases, ventila- 
 tion, etc. To pass this examination, it is necessary that a man 
 receive some training in these particular subjects. The reports of 
 the examining board from two districts of the anthracite field 
 show that while the examinations were harder the past year than 
 previous years, the results were more satisfactory than ever. The 
 majority of the sucessful candidates for certificates were students 
 in the industrial schools of the State, while those who did not 
 attend the industrial schools had taken correspondence school 
 courses. 
 
 While two cases only have been cited in detail, a similar rela- 
 tionship betwen industrial training and wages exists in a number 
 of other industries. 
 
 From my observation of the wage condition before and after 
 the introduction of industrial training courses, due weight being 
 given to the other factors which influence wages, I would make 
 the positive statement that the wages of the individuals who have 
 received industrial training will increase more rapidly and reach 
 a higher point than the wages of those who have not received this 
 training, provided that industrial training courses are so planned 
 as to meet the needs, not only of those already employed in the 
 industry, but those who will eventually become workers in the 
 industry. 
 
 Statement of Paul Kreuzpointner 
 
 I judge that what the Commission wishes to decide upon is 
 whether industrial education determines the wage scale or whether 
 wages regulate the kind or quality of industrial education? I 
 believe that, when the present, more or less artificial, excitement 
 about industrial education has calmed down and the sobering 
 effects of the work of social-economic forces begin to assert them- 
 selves, it will be found that wages, or rather the economic forces 
 behind wages, will eventually determine the nature and quality 
 of industrial education for the skilled, semi-skilled and unskilled 
 groups of wage earners. There will be subdivisions in the general 
 scheme of industrial education, shading into each other but stiU 
 
870 
 
 Appendix III 
 
 Memoranda on Industrial Education 
 
 871 
 
 ii 
 
 : 
 
 I 
 
 i '■ 
 
 1 1 
 
 ill 
 
 
 If 
 111 
 
 % 
 
 
 r 
 
 I 
 
 leaving education of the above three labor groups well defined, 
 with one certain feature, described later, common to all. 
 
 Industrial education cannot determine the wage scale, because 
 education does not create, but only enhances the value of the 
 factors which establish a wage scale; although education power- 
 fully promotes the development of conditions with an increased 
 distribution of wages. Education is a salable commodity and will 
 be remunerated according to the demand in the market. Yet it is 
 conceivable that, under certain industrial conditions, a general 
 system of education may raise the wage scale of a group or groups 
 oi industrial workers. The results of the findings of the New 
 York State Factory Investigation Commission depends largely 
 upon the question whether and how this can be dona 
 
 Industrial education is primarily a social-economic problem 
 and not a pedagogic one. Until quite recently the industrial 
 education movement has concerned itself exclusively with the 
 training for a few akiJJdd trades, leaving tie semi-skilled and 
 unskilled out of consideration. Their less obvious and more ob- 
 scure contributions to the success of our industries were under- 
 valued, and therefore the training of their vocational possibilities 
 were n^lected. This inevitably led to the lowering of the wages 
 of the semi-skilled and unskilled workers to the lowest possible 
 point, because the finished product had not only to pay for this 
 wage, but in addition was burdened with the invisible cost for 
 waste of material and time and greater wear and tear of equip- 
 ment and increased cost of supervision, due to the unpreparedness 
 and to the untrained and undeveloped intelligence of the work- 
 ers. Even after allowing, for argument's sake, for the exploita- 
 tion of labor through greed and disregard of ethical law, it is 
 obvious that in the modern industrial organization, with its pro- 
 ductive capacity and immense quantitative output, there must be 
 a highly developed system of detailed procedure and economies 
 of time and material if there is not to be endless confusion and 
 leakage which, in the aggregate, produce serious and vexatious 
 losses, either unduly increasing the total cost of production and 
 thereby reducing the market for the goods, or making the busi- 
 ness unattractive for the investment of capital. The ever chang- 
 ing injection into this delicately balanced economic system of a 
 
 
 lot of persons of unprepared mentality acts like the introduction 
 of grit and dust into the journals of sensitive machinery, creating 
 friction and retardation of speed until the grains of grit and dust 
 have been sufficiently enveloped with the lubricants or have 
 worked themselves out after awhile. 
 
 But if this friction and retardation is unavoidable, the draw- 
 backs and losses occasioned thereby must be calculated for and 
 allowance made in the cost of machinery and its maintainance, 
 and no amount of sentiment with the grit and dust getting into 
 the journals will remove the consequences of its disturbing 
 presence. 
 
 A minimum wage law will not alter this condition ; it will not 
 remove the cause of low wages, but only try to gloss over the effects 
 of the cause. Here, then, we come to the point of your inquiry 
 as to the relation of industrial education to wages. 
 
 A couple of years ago an American manufacturer and exporter 
 stated at a trade convention that his firm and other firms produc- 
 ing the same goods were less and less able to compete with the 
 Germans in the markets of the world, not because their workmen 
 were less skilled but because they were so wasteful in time and 
 material, raising thereby the cost of production so as to impair 
 the salability of the products. How did the German manu- 
 facturer prevent this waste of time and material by his workmen, 
 and why can we not use the same means to prevent our workmen 
 from wasting time and material which reduces their efficiency 
 and either reduces their wages or, if this is prevented by law, 
 raises the cost of production to the point where the sale of the 
 products is curtailed and workmen will be discharged and only 
 the best ones will be retained ? 
 
 A minimum wage law without a corresponding raising of the 
 general industrial intelligence of the workers whom it is intended 
 to benefit will react upon our industries in the same way at home 
 as described by the above exporter. Either the compulsory wage 
 addition will raise the cost of production due to lack of training 
 of those who are to be benefited by the compulsory wage, and the 
 sale of the products is curtailed due to the higher cost, with re- 
 sulting lack of work ; or large numbers of the untrained will not 
 be employed, to avoid the cost of friction and retardation of 
 
S7; 
 
 Appendix III 
 
 Memoranda on Industrial Education 
 
 873 
 
 
 
 If 
 
 h ii 
 
 li 
 
 h 
 
 
 l\ 
 
 machmery; or else the public will tax itself to provide such 
 educational facilities for training the unskilled workers to a level 
 equal to the value of the compulsory wage, thus taking from Peter 
 to pay Paul. A confirmation of this intimate relation between 
 industrial education and wage earning capacity we find in the 
 increasing number of shop and apprentice schools and continua- 
 tion schools. Notwithstanding the high cost of shop schools all 
 the concerns and railroads, supporting such schools, are unani- 
 mous in their expression that the outlay in money for instructors 
 and equipment and in time by sending the employees to school 
 during working hours, is repaid and more, throu^ increased 
 mechanical efficiency and higher d^ee of intelligence; a degree 
 of intelligence which takes a broader view of their work and sur- 
 roundings and the relation of their work to the industry as a 
 whole. 
 
 At the Westinghouse Electric & Machine Company, East 
 Pittsburgh, Pa., they have some 300 day apprentice pupils and 
 over 700 employees, male and female, from fourteen years up, in 
 their evening classes. There is even a class for retarded pupils, 
 who get a work certificate at fourteen but are weak in their 
 academic work. On inquiry it is found that all this outlay 
 " pays." In Milwaukee, Wisconsin, there are some 6,000 young 
 employees from fourteen to sixteen in compulsoiy day schools. At 
 first the employers were skeptical about the value of the new law, 
 but after two years' fair trial it has been found to " pay " in 
 increased intelligence for the loss of time while they are at school. 
 It was the same with the metal trades in Cincinnati when they 
 started their voluntary continuation schools for fourteen to 
 eighteen year old employees. After one year's trial the employers 
 found that the loss of a day a week " paid " with those who chose 
 to take advantage of the opportunity. 
 
 While in these cases industrial education does not raise wages 
 directly for the group, it prevents possible lowering of wages ; it 
 gives stability to the industry and employment; and it offers 
 greater opportunity for better paying jobs in the industry by the 
 development of inherent talents which otherwise would have re- 
 mained dormant. Incidentally, the community benefits by the 
 reaction upon its ethical life. 
 
 Wages Raised hy Industrial Education 
 
 Owing to our phenominally rapid industrial, commercial and 
 political development we are just now in the midst of a period of 
 transition, not having yet attained to the comparatively stable 
 social conditions of the older European countries. Hence, while 
 it is deplorable and injurious to the community to permit masses 
 of untrained young people filling our factories and workshops, 
 it is nobody's fault in particular that such a condition prevails. 
 They are the earmarks of the pioneer conditions of our industries, 
 just as formerly the burning and wasteful destruction of our 
 forests were the earmarks of our agricultural development. But 
 as we have injured our country by this reckless waste of timber, 
 so we will injure our country if we continue to dump the un- 
 trained intelligence and untrained talents of our young people 
 by the millions into the insatiable maw of industrial activity 
 without provision for the conservation of this intelligence and 
 talents; taking the intelligence out of the social soil, put there 
 by generations of efforts, in our own country and in Europe, 
 without putting anything back into the social soil as a fertilizer, 
 as it were, in the form of educational facilities for cultivating 
 the fertile soil to produce continued and better suited crops of 
 national intelligence, to conserve our mental resources as we are 
 beginning to conserve our material resources. 
 
 Which Way the Best f 
 
 How can we best conserve the mental resources of the millions 
 of semi-skilled and unskilled workers ? By the short cut of rais- 
 ing wages artificially by legislative enactment and leave to natural 
 processes the weeding out of those who cannot, for lack of train- 
 ing, come up to the requirements of that artificially set scale of 
 ability ? Or shall we go according to, " the longest way around 
 is the shortest way home," and establish a system of continuation 
 schools where all have a chance to show what talents there are in 
 them and thus, in a natural and human way, though perhaps not 
 80 popular, but in a way in conformity with our democratic insti- 
 tutions, raise the wage scale in conformity with the requirements 
 of sound competitive business principles? 
 
874 
 
 Appendix III 
 
 h 
 
 A check upon greed and exploitation could be established by 
 the creation of an arbitration committee in each factory, or for 
 a group of like occupations, which could work out their own 
 salvation within their own sphere without legislative standards 
 and interference. Only recently the writer visited a silk mill 
 and inquiring into the wages paid and degree of intelligence of 
 the workers, was told that better wages could be paid if the 
 degree of intelligence were higher. Complaint was also made of 
 the inability of obtaining a sufficient number of '' gang leaders " 
 of entire absence in the community of opportunity to those who, 
 by some training, might have their talent developed sufficiently 
 to qualify for the purpose. 
 
 Which would work better in the long run in such a case, an 
 artificially created minimum wage scale or the natural develop- 
 ment of talents and giving it a chance to get to the top ? Which 
 way would react more favorably upon the community and 
 business ? 
 
 Kind of Training for the Unskilled 
 The question which kind of stimulation for raising wages is 
 preferable, the artificially l^slative or the rationally educative, 
 raises the question what kind of education is needed to accomplish 
 the purpose. Not long since the writer conversed with some 
 manufacturers about raising the quality of certain goods. Vari- 
 ous means were suggested, all of which terminated in the im- 
 provement of some special department. The writer contended 
 that no superlative refinement of any single department would 
 bring the desired result as long as three classes of labor took part 
 in the production. Only the raising of the general intelligence 
 of the whole force would raise the quality. This was admitted 
 and steps were taken towards that end. 
 
 The foundation for this general, or as it might also be called, 
 industrial intelligence of the semi-skilled and unskilled, should 
 be laid in the elementary school, and the experiment of pre- 
 vocational training lately inaugurated in nine public schools of 
 New York; Nos. 62, 64 and 95 in Manhattan; Nos. 5, 158 and 
 162 in Brooklyn; No. 85 in Queens; No. 45 in the Bronx; No. 
 1 in Kichmond, is in the right direction, and if generally adopted 
 would go far to the solution of the problem. The industrial his- 
 
 Memobanda on Industrial Education 
 
 875 
 
 
 tory of our own country, with elementary object lessons of our 
 resources, geography and transportation in motion pictures; a 
 review of the various municipal departments and what they do for 
 the city; how the cities have originated and how they have 
 grown, and what the industries had to do with it; public health 
 and why we should keep healthy; and similar subjects, con- 
 nected with some primary manual work so as to develop their 
 motor activity, will all help to arouse their interest, bring out 
 their dormant talents, and when they go to work they will not 
 be a drag. They will know better what they go into, and will 
 have a better understanding of their work and what it means to 
 them and to others, and why they should take interest in it for 
 their own good and the good of the industry they are working in. 
 
 If other nations can do this we ought to be able to do it, unless 
 we are willing to admit that our boys and girls are mentally and 
 physically inferior to the boys and girls of other lands, which 
 is not the case and which no one will admit If the objection 
 is raised that many of these young people are foreign born or of 
 foreign parents, then again the question could be raised why we 
 should not and could not do to them what their own country 
 could and would do, provided conditions demanded it 
 
 Concliisions 
 
 From whatever angle the wage question is surveyed it is seen 
 that wages and industrial education are closely related and inter- 
 dependent with the skilled semi-skilled and unskilled workers. 
 Wages are not regulated by industrial education. In some Euro- 
 pean countries industrial education is far superior to ours and 
 relentlessly compulsory besides, yet their wages are lower than 
 ours; but any advancement in wages or position hoped for in 
 industrial life depends on industrial education, and the kind and 
 degree of industrial or technical education. The lack of it lowers 
 the wages of the individual as well as the wage scale of the whole 
 group of workers of the skilled, semi-skilled and unskilled alike, 
 male and female, though the former more than the latter. 
 
 Two factors insidiously but powerfully operate to reduce the 
 economic value, industrially, of a system of industrial education 
 which tries to increase the mechanical efficiency of the industrial 
 worker. 
 
876 
 
 Appendix III 
 
 .: 
 
 
 
 ! 
 
 .V^* ^**' '^'°" » tJw " fl*t rate" of hourly pay for un- 
 billed workers; payiug so much, say fifteen cent/ ^ hour, to 
 ^ch member of a group, irre8p«,tive of the individreffici^cy 
 wh^ may make some of the group twice aa valuable aa other! 
 
 and L t • "''"" " r "*^ ^'^^ " ^^ «» »^« conscientio,; 
 and industoioua ones who, by the " flat rate » are reduced to a 
 
 lower level and d«couraged to do the beet they could and would 
 
 do If value of performance were paid. Thia «une demoralizing 
 
 ^ncxplejs frequently applied in clerical and minor poeitionslf 
 
 respansikhty. There the position is paid and not theVan. The 
 
 expansion of the concern, or the inability of the next higher to 
 
 do the wort, or oth«: circumstances often require a givTn man 
 
 to do high grade work beyond what was originally contemplated, 
 
 but the man s pay is not raised, though his work is recognized t^ 
 
 be h^hly satisfactoiy. But aa long as he does not »rtThigher 
 
 r; T TJ '''^'^\'^^' ^^^^ he is a very strong-minded 
 man, his ambition and ethical aspect of life are crushed Often 
 
 ZTffl .'"/'^•^"' *^°« e^ ^^ ^^^ paying position because 
 
 fL^r "^u'\T '"'"""" •" ^'« P^'*'""- This process 
 favors the growth of bureaucracy and mediocrity 
 
 The second factor is the " piece » rate of wages which, after a 
 mM, has attained a certain circumscribed mechanical efficiency 
 and a minmium of technical knowledge, if any is required, to suit 
 his immediate needs, offers no more inducement for future men- 
 tal or vocational expansion and development of talent If he 
 exerts himself and does better, his « piece » rate will be quickly 
 cut down to the " standard " allowance. In my educational work, 
 which I have carried on as a « hobby " and recreation for the last 
 forty-five years, I have been frequently told, on my plea with 
 men for better education of their children; "H'm, what's the 
 us^.? Neither I nor they would get a cent more for all the knowl- 
 edge they may have." And I knew well enough that from their 
 nawow standpoint of merely earning a living they were right 
 
 Hemn industrial education must attempt to cover a larger 
 field of usefulness than mere manual dexterity training. InZd 
 of making this the aim and end of vocational training, it should 
 
 "^ t f'u^^'" ^""^ ""^ ^"""^ "*«^» *»"« "^^le"^ around 
 which to build up a comprehension of the relation of his work to 
 
 Memobanda on Industrial Education 
 
 877 
 
 the success of the industry and the ethical life of the citizen. I 
 know it can be done. 
 
 In Bulletin 23, 1914, Whole Number 696, of the United States 
 Bureau of Education at Washington, I find some passages which 
 apply directly to the problem of the relation of industrial educa- 
 tion to wages. On Page 60 of the Bulletin, in reference to the 
 Krupp Steel Works at Essen, Prussia, it says: " The apprentices 
 receive their theoretical instruction entirely in the local continua- 
 tion evening schools. A few years ago, however, the apprentice- 
 ship department was organized in an entirely separate building, 
 where about 600 boys, regularly apprenticed to the trade, received 
 instruction in trade processes only. The first two years this de- 
 partment cost the works about 30,000 marks; since that time it 
 has not only paid for itself, but has become a source of revenue." 
 
 Page 62. " The entire system, while beneficial to the indi- 
 vidual employee and his family, still makes for the good of the 
 company. The man becomes a more efficient producer, and dur- 
 ing his period of training, he not only maintains the educational 
 expenses of the institution, but is also a source of revenue. The 
 girl becomes a more efficient home-maker and is able to provide 
 a better living for her husband who is employed in the works 
 than she otherwise could. These conditions make more satisfied 
 employees and tend toward less and less social unrest and dis- 
 satisfaction — results vital for the good of such a productive 
 organization." 
 
 Now, please, mark the contrast of another passage, on Page 53, 
 in reference to our own country. "An interesting fact brought 
 to light recently in the city of Bridgeport, Conn., through the 
 State employment agent, Mr. Hall, was that a very large per- 
 centage of juvenile industrial workers did not even know where 
 the factory was located in which they were to enter upon an occu- 
 pation, much less the conditions under which they were to be 
 employed. A conference with Mr. Goodrich, of the Bryant Elec- 
 tric Co., in the same city, showed that his greatest loss in manu- 
 facturing was due to the falling out of employees who found, 
 after a week or month of trial, that they were not fitted to their 
 employment ; consequenily the foreman had to " hreaJc in new 
 help," which always entails a greaJb loss in the cost of production," 
 
878 
 
 Appendix III 
 
 ,1 
 
 1^ 
 
 ll 
 
 h 
 
 I r 
 
 Who is paying for this loss ? The consumer, of course. But, 
 if the price of the goods is raised too high, the consumer will not 
 buy, hence wages are kept low to make up for the loss, and labor 
 is punished for lack of training and development of its inborn 
 talents and intelligenca 
 
 Granting a minimum wage law is desirable and justifiable; if 
 it is not accompanied by social agencies to prevent that loss in 
 cost of production, then the cost of production is increased by 
 the amount due to incapacity of workers, plus artificial raise of 
 wages through legislative enactment. This raises the price of 
 the product to the point where consumption is curtailed and labor 
 is thrown out of work, or the wage scale is reduced all along the 
 line. Here we have the rubber ball again, forced into too small 
 a box. But if, under these circumstances, the manufacturer is 
 forced to provide for the training of his help exclusively, the 
 cost of production is increased still more and we have moved 
 around a circle. 
 
 Hence the significance and value of the educational movement 
 as inaugurated in those nine New York schools, which should be 
 supplemented by a system of continuation schools such as they 
 have at Milwaukee, where the employers pay for the time of his 
 employee in school, while the municipality pays for the teaching 
 and equipment 
 
 While not the only factor, this is one of the main factors of 
 Germany's industrial success. Instead of substituting legislative 
 enactment for inborn and latent talent, she developed that talent 
 through educational agencies and backed that up by relentless 
 compulsion. Instead of raising the wages by law Germany 
 raised the intelligence of the industrial workers by law to the 
 top notch. And if she should be crushed politically, these educa- 
 tional agencies and their results, and the characteristics of the 
 people will remain, and will, in due course of time, assert them- 
 selves as before, and even more so because of poverty and 
 privation. 
 
 I have the report of a meeting of the German Association of 
 Industrial Teachers. One day was devoted to the discussion and 
 adoption of resolutions how best to teach citizenship in industrial 
 schools. It was not the question whether it should be taught — 
 
 Memoranda on Industrial Education 
 
 879 
 
 that is already settled — but how it should be taught best From 
 9 A. M. to 5:30 p. M the minister of commerce, the governor of 
 the province, the mayor of the city, professors, teachers, manu- 
 facturers and business men vied with each other to find the best 
 way, and if our people of similar stations in life would have 
 dropped into that meeting they would have imagined them to be 
 socialists. They understand how to correlate and co-ordinate the 
 various educational forces to produce a harmonius and effective 
 result. They do not waste the latent mental resources of the 
 nation, as we do, and then go to the legislature to make up for 
 neglected opportunities simply because we are rich. 
 
 Statement of John A. Lapp 
 
 The relationship between industrial education and wages in this 
 country is largely speculative owing to our lack of exact informa- 
 tion for any considerable number of people. Statistics have been 
 gathered for certain groups and the value of industrial education 
 in increasing their wages has been demonstrated. In most cases, 
 however, the persons in these groups are selected and cannot be 
 taken as a guide for the whole country, nor even for the whole 
 mass of workers in their particular occupations. 
 
 In the present state of industrial education a little training 
 goes a long way and it would be expected that a few selected indi- 
 viduals through training would receive great advantages among 
 the great mass of totally untrained persons. When we attack the 
 problem of training all people for greater efficiency and for bet- 
 ter wages, we must bear these facts in mind. Many industries 
 offer the chance for persons who are ambitious to rise to more 
 skilled positions and to better pay. Many other occupations offer 
 no such opportunities and after a slight training and a little 
 practice in certain processes, the worker becomes as skilled as he 
 can expect to be in that particular occupation. Probably no 
 amount of training would make it possible for any considerable 
 number of such persons to receive a better wage and for the great 
 mass of workers in such occupations there is no very definite 
 connection between industrial education and wages. 
 
880 
 
 I 
 
 f ?: 
 
 
 
 I 
 
 il. 
 
 I 
 
 I 
 
 ». 
 
 ^i 
 
 Appendix III 
 
 Not 80, however, with the great mass of youth who are entering 
 employment. While industrial education may not be able to ad- 
 vance the grown worker very much in automatic callings, it can 
 be made to minister to the wants of the youth who is just be- 
 ginning and whose mind and faculties are open to training which 
 wiU give h.m greater opportunities to enter occupations requiring 
 more skill and having greater opportunities for advancement. 
 
 Industrial education will also reach the great mass of youth 
 entering upon industrial work and train them in processes which 
 may lead to more skilled work in other employments if the par- 
 ticular work in which they are engaging does not present 
 vocational advantages. By this process wages will be gradually 
 raised because a greater and greater proportion of youth would be 
 direct^ into skilled occupations and consequently a smaller num- 
 ber left for the automatic employment. A complete system of 
 universal education adjusted to the needs of all children would 
 go far, in my estimation, towards correcting low wages in such 
 employments as candy makiug and department store work in 
 which the majority of persons take work simply because they are 
 not qualified to do anything better. 
 
 As an immediate relief from the demoralizing effect of low 
 wages, I do not believe industrial education can be effective. 
 No hmg but the fiat of law can prevent the merciless competition 
 of the unskilled which has driven wages below the living stand- 
 «d. As a permanent corrective, however, I believe industrial 
 education wiU go far. Most of all it wiU do this: It will open 
 opportnnities for youth in every occupation to make the most of 
 his capabilities. The automatic blind alley job, is the cause of 
 most industrial unrest Give the boy or the man the hope of a 
 better future, and he haa a permanent interest in the social wel- 
 fara Close up the opportunities and the pent up social forces will 
 find a way out in explosive fashion. 
 
 Statement of James P. Mcnbok 
 It seems to me that the enactment of legislation prescribing a 
 minimum wage will almost inevitably result in throwing uL 
 organized or unorganized philanthrophy , large number of 
 
 MsMOBAimA ON Industeial Education 
 
 881 
 
 women and minors, as well as a considerable number of men, 
 now contributing in some degree to their own support. To do 
 this would not relieve the labor situation and would double the 
 difficulties already surrounding poor relief and the problems of 
 public morals. 
 
 The question of the. living wage is too complex to be dealt 
 with by hard and faat legislation. In the transition from hand 
 processes to machine processes in industry there must always be 
 a period when it is cheaper — or is believed to be cheaper — to 
 have certain automatic or mechanical processes performed by 
 hand than by a machine. To insure this cheapness, however, 
 wages must be kept low; and, since these processes require no 
 brains and almost no dexterity, they are the refuge of vast num- 
 bers of persons (mainly women and minors), who have neither 
 the mind nor the skill to perform the better paid services in com- 
 merce and in industry. Until such time as the number of such 
 persons can, by education or other forms of social stimulation, be 
 reduced, it is better, in my opinion, for them to earn some wage 
 — inadequate though it may be — than to become, directly or 
 indirectly, burdens upon their more able or better educated fellow 
 citizens. 
 
 Since, however, this problem of the underpaid is perhaps the 
 most serious and far-reaching among those confronting organized 
 society, all persons concerned in education should give it im- 
 mediate and exhaustive study. It cannot be solved, in any large 
 degree, by the ordinary schemes for vocational education, for 
 there is practically no " technique " of these automatic processes, 
 and the speed attainable by the operator is limited by that of 
 the machine which he tends or feeds. Therefore, the education 
 given to such a worker must be, not technical, but personal. It 
 A^nust seek, first, to overcome as far as may be the defects of 
 heredity, environment or education which have placed the indi- 
 vidual in the ranks of the unskilled; second, to give him such 
 inner or outer stimulus as may offset in some measure the dead- 
 ening effects of a monotonous occupation pursued day after day; 
 and third, to arouse, if possible, ambition to enter, by acquiring 
 the necessary skill, some higher occupation giving a living wage. 
 
 I 
 
:> 
 
 [ 
 
 I f 
 
 i I, 
 
 882 
 
 Appendix III 
 
 It .8 my behef that much more could be done than is done, before 
 the age of fourteen, to keep these less gifted individuals from 
 
 o^t T/tW w "'^ "'"''' ^"<^' ^'*^' *^''' ^' *o "ft them 
 
 out of that class mto at least the level of the semi-skilled 
 
 Education - using the term broadly - has at least two other 
 
 opportunities in this connection; the opportunity, first, of educat- 
 
 w5 rrr^ '" '^"' '* ^^''" ^^^^^^ *° ^^^^ ^^e cheap and 
 shoddy stuff which, as a rule, is the product of labor that fails 
 
 to receive a living wage; and, secondly, of giving such a train- 
 ing, in the schools and elsewhere, as shaD educate us out of our 
 present Ignorance, waate and extravagance in household manage- 
 ment. In doing the first thing, education would markedly benefit 
 both producer and consumer; in doing the second, it would sul^ 
 stantially increase the purchasing power of wages which, meas- 
 ured by the present extravagant standards of American waste 
 are now grossly inadequate. The wages question is one nol 
 m«^ly of sufficient pay, but also of intelligent spending 
 
 There st.Il remains the seemingly insoluble question as io 
 what ,8 to be done with the relatively enormous number of fairly 
 intelligent women and minors who enter industry with no thought 
 
 S T " V "^ '''''t^ ' ^"" "^"^ ^'^•' Th^y take up nn- 
 ,W tt Tir'' *>'• '^« fi*f»"-^' ^ith a view either to augment- 
 ing the family income or to securing additional spending money 
 for themselves. They are a potent factor in depressing the wa^ 
 sea e, and any minimum wage law would tend to drive them out 
 of the labor market In doing so, however, a great group of one 
 of our best types of family would be reduced, either from com- 
 fort to a bare subsistence, or from a bare subsistence to distress- 
 ing and destructive penury. 
 
 Statement op H. B. E. Scheel 
 Our educational scheme has been in operation something less 
 than three years, and we have no graduates as yet. We. therefore, 
 have available no data on earnings or relative efficiency of grad- 
 uates compared with those not specially trained 
 
 J 
 't 
 
 Memobanda on Industrial Education 
 
 883 
 
 As far as the work has gone, however, we believe that the 
 young men taking the cooperative course in the high school will 
 be worth more to themselves and to their employers — that is, 
 to ufl and to other manufacturers — than if they had not under- 
 taken the industrial coursa 
 
 Statement of Albert Shiels 
 
 Except in hazardous or exhausting forms of unskilled labor, 
 it is a fact that competition is greatest in the ranks of the un- 
 skilled, and that wages increase as a greater skill is required of 
 the worker. 
 
 Nevertheless, even in the skilled trades there are numbers of 
 poorly trained workers. If the labor market be well organized, 
 they may receive the full rate of pay, but such workers are the 
 first to be dismissed during a slack season. 
 
 The problem of industrial training is, therefore, two-fold: 
 First. To prepare young people for vocational activities accord- 
 ing to their abilities. Second. To train those who are already 
 wage-earners to become more competent workers with increased 
 earning ability. 
 
 1. Concerning the first problem much has been written though 
 comparatively little has been done. In a democracy it is difficult 
 to train boys and girls for particular occupations, for their choice 
 is not determined by the school ; and the father's trade influences 
 a son's choice but little. To provide for the future earning 
 ability of pupils, there are three methods of procedure. Children 
 should have a sound, general elementary course, even if legisla- 
 tion be necessary to insure the completion of the course. They 
 should learn in the last years at school some facts concerning the 
 immediate and ultimate wage-promise of various occupations, and 
 they should receive some suggestion as to their own aptitudes and 
 abilities as the instructor has observed them. Finally, their 
 manual work should be sufficiently varied to include experience 
 in a variety of occupations; e. g., metal, wood and electrical 
 work. But it must be realized that there is no way of preparing 
 a journeyman worker in an elementary school. Even were the 
 
HI 
 
 i* 
 
 #1 
 
 1. 
 
 * 
 
 I! 
 
 11 
 
 li 
 
 :i 
 
 884 
 
 AppEia)ix III 
 
 pupil old enough, actual shop experience would be necessary to 
 supplement school experience. 
 
 2. The second problem is more easy of solution and has an 
 immediate relation to wages. It concerns the fuller training of 
 that largo group of workers who are in the trades, yet not of 
 them, who have begun in a haphazard way to get a trade experi- 
 enee, and yet can make little progress because they know little 
 and have no opportunity of learning more. It concerns, too, that 
 large army of imperfectly trained workers, who lack thorough 
 familiarity with their occupations, and who,' as they are the last 
 to get jobs, are as well the first to lose them. In many cases 
 these two groups are not as successful as their better equipped 
 felJows because their knowledge is slight and their skill limited. 
 They need the training that means opportunity. That training, 
 It may be added, does not necessarily involve an expensive system 
 of instruction. As illustrations of handicaps which prevent 
 operatives from earning what they might, we may recall ma- 
 chmists who know only how to manage single types of machinery; 
 printers who lack knowledge of elementary composition and spell' 
 mg; pattern makers who read blue-prints imperfectly. Proper 
 training is not difficult; the lack of it means economic loss. 
 
 Apprentice and corporation schools are developing their own 
 schools. A public system of instruction, open to all workers, 
 inspires greater confidence, at least among workers, than does a 
 private enterprise. Public industrial instruction must bear an 
 immediate relation to wage-earning power. Its development must 
 be broad and varied enough to meet the needs of all classes of work- 
 era. A public system should, therefore, provide for: 
 
 1. Evening classes. 
 
 2. Afternoon continuation classes in schools. 
 
 3. School classes in shops. 
 
 4. Co-operative methods of half-time (shop and school instruo- 
 tion for workers). 
 
 The greatest need at this time is a more enlightened attitude 
 among employers. One New York employer allowed the schools 
 to instruct his illiterate operatives in working hours without loss 
 of pay. The result was that these workers not only increased 
 their own earning power but actually netted a profit 
 
 Memoranda on Industeial Education 
 
 885 
 
 If this interest in the training of employees were general, the 
 results would be reflected not only in the production of better 
 trained and better paid men, but of a better product as well. 
 
 Statement of J. G. Spoffobd 
 
 The scale of wages for apprentices in this school on the co- 
 operative basis, i. e., where they work in the shop one week and 
 attend the school the following week, is nine cents per hour for the 
 first year, eleven and one-quarter cents for the second year, four- 
 teen and one-quarter cents for the third year and sixteen cents 
 for the fourth year. 
 
 The pupils receive full credit on their apprenticeship for the 
 time they are in the school; i. e., the pupils attend the school 
 thirty-five hours per week but receive a full week's credit at the 
 industry or forty-eight hours credit for the thirty-five hours 
 attendance. 
 
 I should state that a minimum wage for a pupil who had faith- 
 fully attended a school of this type, should be not less than 
 twenty-five cents per hour and usually would recommend a scale 
 from thirty to thirty-seven cents per hour as soon as the period 
 of apprenticeship is completed. 
 
 This, however, would depend upon the ability of the boy to 
 make good in the industry. I would also recommend that fop 
 schools running on the full time basis; i. e., where a pupil attends 
 this school and receives shop instruction within the school, under 
 competent mechanics, that such pupils should receive fifty per 
 cent, credit on their apprenticeship for the time put in in the 
 school; i. e., should a pupil attend the school on the full time 
 basis for a period of two years, I would recommend that he be 
 given credit for one year on his apprenticeship. 
 
 Statement of Maby Schenck Woolman 
 
 I thoroughly believe in the minimum wage for women. It 
 will render industrial education even more necessary. Women's 
 wages are low for many reasons among which are the following: 
 1. As most of the women are untrained they crowd into the un- 
 
886 
 
 » 
 
 •I 
 
 il' 
 
 X 
 
 :t 
 
 l« 
 
 ■ 
 
 
 1*^ 
 
 
 f; 
 
 !' 
 
 1 
 
 * ( 
 
 1 
 
 '1 
 
 * '' 
 
 J 
 
 
 Appendix III 
 
 shUed mdu8trie8 or the unskiUed parts of skiUed industries and 
 lower wages, as the demand is less than the supply. 2. They 
 do not work well enough to deserve good wages as they are un- 
 trained. 
 
 In preparing (1902) to organize the Manhattan Trade School 
 for Girls m New York, I studied the occupations of women and 
 the wages made by them. After the school was running we fol- 
 owed up all who left the school to know the wages recdyed and 
 4e result of the training. I can positiyely state that the right 
 kind of industrial education for women will result in higher 
 wages for them than they would receiye as unskilled workers. 
 Ihe wages are raised because the trained worker is doing a higher 
 Class job because she is more continuously employed than the 
 untrained worker. The trained worker can secure a position more 
 readily and does not drift from place to place as the unskilled one 
 does. In slack seasons the unskilled worker is the first to be 
 dropped. As yon know, the unskilled (fourteen to fifteen years of 
 
 '^!^ ^?^\ °"'^^' ^'^^ » ^"^ *>^ *2.50 to $3. The foUowing 
 « the Manhattan Trade School record. The girls enter the school 
 from fourteen to sixteen years of age and remain from sir months 
 to a year: 
 
 Manhattan Trade School, 1912-1913 
 
 67 per cent of the girls were placed at $5. 
 20 per cent of the girls were placed at $6. 
 
 6 per cent of the girls were placed at $7 or above. 
 
 7 per cent at less than $5. 
 
 After three years in the market untrained workers usually 
 nse to $5 or $6, but the trained worker has frequently risen to 
 *lb, and larger salaries axe reported. 
 
 As I shall not be in Boston for some time and have not mv 
 records with me, I would advise you to write to Mrs. Prince 
 Director of ^e Salesmanship Classes, 264 Boyleston street, Bce^ 
 ton Mass. She has the exact data of the effect in the wage of 
 giris trained for salesmanship. Miss Hildreth, Director ofthe 
 Worc^ter, Mass. Trade School, can give you the advance there 
 ttough the school IS but a few years old. The Boston Trade 
 School has also followed up its graduates and Miss Leadbetter 
 
 Memoranda on Industrial Education 
 
 887 
 
 tlie principal, can show the good effect of training on the wage 
 scale of the worker with training. 
 
 Industrial education for girls will only succeed if it is in close 
 relation to the skilled trades of the locality (which are taught in 
 the school) and also carefully working for the best interests of 
 labor. It is not sufficient to teach the trades only, for industrial 
 intelligence is needed by the worker in order to rise. This can 
 be gained through a study of the history of industry, labor con- 
 ditions, arithmetic of the trade, the design required in specific 
 occupations and the duties of citizenship. The teachers must 
 have ample experience in the trades they are teaching, but also 
 ability to instruct and should have a lively interest in industrial 
 education. 
 
 A 
 
I 
 
 I 
 
 ni! 
 
 I^! 
 
 5. NEW YORK STATE FACTORY INVESTIGATING 
 
 COMMISSION 
 
 Public Hearing, Monday, May Ig, 1914, at 10:30 a. m. 
 
 Aldebmanic Chamber, City Hall, New Yobk City 
 
 To Cormder to Whcd Extent There is a Duplicatum of Tnspectum 
 of Manufacttmng and Mercantile Establishments, in New York 
 City, hy Different City and State Departments, and What 
 Remedies, if any, ShaU Be Adopted Therefor. 
 
 Shortly after the creation of the Factory Commission in 1911, 
 the question of duplication of inspections in New York City was 
 fully discussed before it, and the question of a remedy received 
 careful consideration. In that year the Commission issued a 
 questionnaire which, among others, contained the following quesr 
 tions: 
 
 Jtjeisdiction Oveb Factobies and Manufacturing Establish- 
 ments IN New Yobk City 
 
 1. Should there be a Department of Labor for the city of 
 New York and one for the rest of the State? 
 
 2. Should there be a Bureau of Inspection established 
 whose function it shall be to inspect factories and manufac- 
 turing establishments and report existing conditions to the 
 different departments charged with the duty of enforcing the 
 provisions of the law on the subject; the Bureau of Inspec- 
 tion to report the facts to the responsible department, the 
 latter to secure compliance with the provisions of the law 
 applicable to the condition reported ? 
 
 3. Should there be a new department established for the 
 city of New York to have exclusive jurisdiction over all 
 factories and manufacturing establishments other than those 
 carried on in tenement houses (the new department to pos- 
 sess all the powers which are now held by the State Labor 
 Department in the city of New York, the Building, Fire and 
 
 [888] 
 
 Consolidation of Departments 
 
 889 
 
 Health Departments of the city with reference to factories 
 and manufacturing establishments) ? 
 
 4. What bureaus should be established in such new de- 
 partment; 
 
 5. What suggestions have you tending to lessen or do away 
 with the duplication of inspections in the city of New York 
 by various city and State departments? 
 
 6. What other suggestions have you which would tend to 
 centralize the authority and responsibility for the enforce- 
 ment of the laws relating to factories and manufacturing es- 
 tablishments in the city of New York ? 
 
 In response to this questionnaire we received various written 
 statements and we held a number of public hearings at which this 
 subject was discussed. Practically all those who appeared be- 
 fore the Commission in person or who submitted written state- 
 ments, were opposed to the establishment of a Board of Inspec- 
 tion, as suggested by question 2, or the establishment of a new De- 
 partment, as suggested by question 3. Among them were Seth 
 Low, Robert W. De Forest, Raymond B. Fosdick, Tenement 
 House Commissioner Murphy, Lawrence Veiller, Samuel McOune 
 Lindsay and others. 
 
 It has lately been urged — as though it were a proposition sug- 
 gested for the first time — that there should be a separate Bureau 
 or Board of Inspection for all the departments making inspec- 
 tions in New York City exactly along the lines of questions 2 and 
 3 above stated. It may be that conditions have changed in the 
 three years so that it is possible now to create one Bureau, which 
 no one thought practical at that time. 
 
 In order that the public interested may be fully heard on the 
 subject and that the Commission, if it is advisable, may recom- 
 mend some change in method, it has been decided to hold a public 
 hearing upon the subject. 
 
 The questions before outlined will be considered, and in addi- 
 tion the following question will be taken up : 
 
 7. Shall there be a permanent conference board of the 
 heads of city and State departments making inspections of 
 buildings in New York City, which shall meet at regular in- 
 
I' 
 
 ll 
 
 :' 
 
 i 
 
 t 
 
 
 ^^^ Appendix III 
 
 tervals, the object of which shall be to reduce by working 
 agreeinent the multiplicity of inspections, so far a. that is 
 possible and desirable, and to prevent the issuance of conflict- 
 ing orders against the same premises ? 
 
 It has frequently been stated that in many instances conflict- 
 ing orders as to the same identical work have been issued by 
 different departments of the city of Stete. The Commission 
 would 'ke to have specific instances of this, so as to ascertain 
 where the fault lies, and requests that this information be sent 
 as early as possible to its office, at 170 Broadway, New York City 
 
 EyoYone interested in this matter is invited to attend the 
 public hearing and to present his views on the subject under con- 
 sideration. 
 
 Consolidation of Departments 
 
 891 
 
 INFORMAL CONFERENCE CALLED BY NEW YORK 
 STATE FACTORY INVESTIGATING COMMISSION, 
 MAY 27, 1914 
 
 To Consider What Legislaiion, if any, is Required and What 
 Other Action Shall Be Taken with Reference to the Inspections 
 of Buildings in New York City by Different City and State 
 Departments, 
 
 So that you may consider in advance some of the subjects to be 
 discussed the following are submitted: 
 
 Questions Submitted for Consideration 
 
 1. Shall the Fire Prevention Bureau be given complete juris- 
 diction over all matters relating to the fire hazard in factory 
 buildings in New York City ? 
 
 (At present this jurisdiction is divided between the State 
 Labor Department and the Fire Department, the former 
 ha/ving jurisdiction over exit facilities, the loiter having 
 jurisdiction over five prevention and fire extinguishing ap- 
 paratus,) 
 
 2. Shall the fire department be given jurisdiction over the in- 
 spection of boilers in all buildings? 
 
 (At present this work is done by the Bureau of Boiler 
 Inspection of the Police Department,) 
 
 3. Shall the Bureau of Buildings be made a bureau of the fire 
 department instead of a bureau of the borough president's office ? 
 
 4. If number 3 is not advisable, what shall be done to do away 
 with the conflicting requirements, if any (particularly for new 
 building and alteration plans), of the Bureau of Buildings, the 
 Fire Department and State Labor Department ? 
 
 6. Shall there be a permanent public welfare council authorized 
 by the Legislature, made up of the heads of the city and State 
 departments, which inspect buildings in New York City, to meet 
 periodically and to confer on the requirements of the different de- 
 partments so as to avoid conflicting orders, etc. ? 
 
 v.i'* 
 
I 
 
 i 
 
 Ml 
 
 *; 
 
 13 
 
 r 
 
 : 
 
 892 
 
 Appendix III 
 
 TENTATIVE PLAN 
 
 Submitted bv t„k Xbw Yohk State Factoev I^vestioati.o 
 Commission with Refeeexce to the Inspection of Buili. 
 iNos IN New York Citv bv Dii^pekent Citt and State De- 
 
 PAKTMENTS 
 
 „ ^^n " "^'^^P«'*™«»' f^r the City of New York to be known 
 as the Departnient of Buildings, the head of which shall be the 
 Commissioner of Buildings who shall be appointed by the Mayor. 
 The jurisdiction of this department shall extend over the entire 
 City. 
 
 The Department of Buildings shall have sole and exclusive 
 junsdiction over the construction and alteration of all buildings 
 and any structural changes therein (including factories and 
 mercantile establishments). There shall also be concentrated in 
 this new department, so far as practicable, jurisdiction over mat- 
 ters relating to the proper maintenance of these buildings 
 
 This will involve the consolidation of the following departments 
 and bureaus and the transfer of their entire jurisdiction to the 
 new Department of Buildings. 
 
 1. The Bureau of Buildings of each borwugh. 
 
 2. The Tenement House Department. 
 
 3. Bureau of Fire Prevention of the Fire Department 
 
 4. Bureau of Boiler Inspection of the Police Department 
 
 There shall also be transferred to this new Department of 
 ±!uildings the jurisdiction now exercised by different city and 
 otate departments as follows : 
 
 5 State Department of Labor- in 8o far as it relates to the 
 construction and alteration of factory buildings and mercantile 
 establishments and any structural changes therein. 
 
 6. Health Department of New York City -in so far as it re^ 
 lates to structural changes in bakeries and food product manu- 
 factories. 
 
 7. Department of Water Supply, Gas and Electricity — in so 
 far as it relates to the inspection of electrical wiring and equii^ 
 ment m buildings. ^ t- 
 
 Consolidation of Departments 
 
 893 
 
 This proposed plan concentrates in one department control over 
 all matters relating to the construction of new buildings and 
 alterations of existing buildings and does away with needless 
 multiplicity of inspections so far as the maintenance of those 
 buildings is concerned. It covers all buildings and industrial 
 establishments, including factories, mercantile establishments, 
 tenement houses, etc. Plans for construction and alteration of 
 buildings need be filed with this department only. The separate 
 building bureaus for each borough are to be consolidated into this 
 one department to cover the entire city. 
 
 No attempt has been made in this brief outline to describe with 
 any detail, how the proposed Department of Buildings is to be 
 organized. These details may be readily furnished as soon as the 
 general plan has been decided upon. 
 
 Note : This plan does not involve the creation of an additional 
 city department. It simply provides for consolidating several 
 existing departments and bureaus in one new department. 
 
 Dated New York, August 3, 1914. 
 
i: 
 
 I' 
 
 
 s 
 
 if! 
 
 i 
 
 II 
 
 i t 
 
 ji t 
 
 894 
 
 Appendix III 
 
 FIRST DRAFT OF A TENTATIVE BILL 
 
 Pbbfacs 
 The followmg is the first draft of a tentative bill for the consoli- 
 
 S .^^ l"^^"*"^'^.^^'''"'^''^''^ jurisdiction over the construc- 
 tion and alteration of buildings in New York city. This draft 
 
 7^^ "«rr*t "i' '""^ *'^ P'<^P^«I^ 0"^-«<l i- the tltetive 
 
 fur^rirs f^iif;sf ''•^^^^°'' '-^ ^"«"^*' -^^^ -^ ^ ^-^^^^ 
 
 "Create a new department for the city of New York to be 
 faiown aa the department of buildings, the head of which shall be 
 the commissioner of buildings who shall be appointed by the 
 mayor. The jurisdiction of this department shall extend over the 
 entire city. 
 
 ,Jio?!''^'''^T* "^ ^""'*'"«^ «^''" ^"^^ ^olo and ^elusive 
 jurisdiction over the construction and alteration of all buildings 
 
 ri "^^i '^'i^"^ '^^* '^^''''' (including factories and 
 mercantile establishments). There shall also be concentrated in 
 
 ^ti^^r.uTTT "" ^" •" practicable, jurisdiction over 
 matters rektmg to the proper maintenance of these buildings. 
 
 This will involve the consolidation of the following depart- 
 ments and bureaus and the transfer of their entire jurisdiction to 
 the new department of buildings. 
 
 1' o' V"^ '^'**" °^ buildings of each borough. 
 2. The tenement house department. 
 
 " I' ?"'*''" *'f ^^ prevention of the fire department 
 « tV "^^i ^"f '"'P^'tion of the police department 
 buildiiTtb/ A-^ transferred to this new department of 
 buildings the jurisdiction now exercised by different city and 
 state departments as follows : ^ 
 
 o.lt ^!^^ department of labor -in so far as it relates to the 
 consta;uction and alteration of factory buildings and mercantile 
 establishments and any structural changes therein 
 
 6. Health department of New York city — in so far as it 
 
 focSriel" '^*'*""' "^""Ses in bakeries and food product manu- 
 
 "7. Department of water supply, gas and electricity -in so 
 
 ! 
 
 Consolidation of Depaktments 
 
 895 
 
 We have not included in this draft the amendments to and repeal 
 of existing provisions of the charter and otlier laws, necessitated by 
 the proposed consolidation of departments. Those will of course be 
 taken care of. 
 
 It is probable also that an amendment to the charter will be neces- 
 sary to provide for complete co-operation between the new Department 
 of Buildings and the Division of Fire Marshal, which under the plan, 
 is to remain in the fire department. 
 
 The suggestion has been made that there should be transferred to 
 the new department, the jurisdiction now exercised by the Borough 
 President for the granting of vault permits. That has not been in- 
 corporated in the tentative bill, but is submitted for consideration. 
 The Commission has not approved this tentative draft in form or in 
 substance, and it is issued solely for the purpose of obtaining criticisms 
 and suggestions from those interested. 
 
 Note. — The tentative hill covers the consolidation of all of the 
 departments and bureaus outlined in the plan previously submitted by 
 the Commission, If it is proposed to omit any department from that 
 plan, for example, the Tenement House Department, the tentative bill 
 may readily be changed accordingly. 
 
 Dated New York, November 2, 1914. 
 
i 
 
 m 
 
 .« *' 
 
 AN ACT 
 
 i amend the Greater New York charter, in relation to creatino 
 a building department and prescribing its powers and duties; 
 creating a board of standards and appeals and prescribing its 
 powers and duties and amending or repeating certain pro- 
 visions affected or superseded by this act. 
 
 The People of the State of New York, represented in Senate 
 and Assembly, do enact as follows: 
 
 Section 1. The Greater New York charter, as re^nacted by 
 chapter four hundred and sixty-six of the laws of nineteen hun- 
 dred and one, is hereby amended by inserting therein a new 
 chapter, to be chapter nineteen-a thereof, to read as follows: 
 
 CHAPTER XIX-A. 
 Department of Buildings; Board of Standards and Appeals. 
 
 Title 1. Organization and jurisdiction of department of build- 
 ings. 
 
 2. Orders of department of buildings; actions and pro- 
 
 ceedings. 
 
 3. Board of standards and appeals. 
 
 4. Tenement house provisions. 
 
 5. General provisions. 
 
 TITLE 1. 
 
 ObOANIZATION AlfD JUSISDICTION OF DlPABTlIKNT OF BUXLOIHQS. 
 
 Section 1. Definitions. 
 
 2. Department of buildings ; commissioner of buildings. 
 
 3. Deputies; secretary; chief inspectors. 
 
 4. Inspectors and other subordinates. 
 
 5. Bureaus. 
 
 6. Offices. 
 
 7. Seal; judicial notice. 
 
 8. Uniforms and badges. 
 
 9. Officers and employees forbidden to engage in cer- 
 
 tain occupations, trades or business. 
 10. Gratuities. 
 
 [8961 
 
 Consolidation of Departments 897 
 
 11. Punishment of employees. 
 
 12. Falsely personating an officer. 
 
 13. Soliciting or receiving bribes. 
 
 14. Liability for official acts. 
 
 15. Eules and regulations. 
 
 16. Taking proof and testimony. 
 
 17. Right of entry. 
 
 18. Co-operation of other departments. 
 
 19. Annual report. 
 
 20. Jurisdiction of department. 
 
 Section 1. Definitions. As used in this chapter: 1. The term 
 " department " means the department of buildings ; 
 
 2. The term " commissioner '^ means the commissioner of 
 buildings; 
 
 3. The term "tenement house" means a tenement house as 
 defined by the tenement house law; 
 
 4. The terms " factory," " factory building " and " mercantile 
 establishment " mean a factory, factory building or mercantile es- 
 tablishment, as defined by the labor law. 
 
 § 2. Department of buildings; commissioner of buildings. 
 There is hereby established a department of buildings with juris- 
 diction throughout the city. The head of the department shall be 
 the commissioner of buildings. He shall be appointed by the 
 mayor for a term to expire with the term of the mayor by whom 
 he shall have been appointed. The salary of the commissioner 
 of buildings shall be thousand dollars a year. 
 
 § 3. Deputies; secretary; chief inspectors. The commissioner 
 of buildings shall appoint two deputies, one of whom must be an 
 architect, builder or engineer of at least ten years' experience. 
 The salary of each of such deputies shall be thou- 
 sand dollars a year. The commissioner shall appoint a secretary; 
 
 whose salary shall be thousand dollars a year. 
 
 He shall also appoint a chief inspector of buildings for each 
 borough, who shall be an architect, builder or engineer of at least 
 five years' experience, and be in charge of the branch office of the 
 department established in the borough for which he shall have 
 been appointed. The salary of each chief inspector of buildings 
 shall be thousand dollars a year. 
 
 § 4. Inspectors and other subordinates. The commissioner of 
 buildings may also, subject to the civil service law, appoint and 
 Vol. 1 — 29 
 
 /^- 
 
898 
 
 Appendix III 
 
 !| 
 
 !R 
 
 •Jl! 
 
 •r. 
 
 remove inspectors and such other officers and employees as may be 
 needed. The officers and employees of the department shall be 
 subject to the supervision and control of the commissioner and 
 perform such duties as are assigned to thenu (See §§ 406, 1329, 
 charter.) 
 
 § 5. Bureaus. The commissioner of buildings may establish 
 in the department such bureaus and divisions as he deems advis- 
 abla The bureaus or divisions now established in the fire depart- 
 ment having jurisdiction of fire prevention, and the bureaus or 
 divisions in the tenement house department, the functions and 
 duties of which are transferred by this chapter to the department 
 of buildings, shall continue as bureaus or divisions of the depar^ 
 ment of buildings until otherwise provided by the commissioner of 
 buildings. 
 
 (Should this bill outline the bureaus of the department or 
 should the head of the department be given the wide discretion 
 conferred by this section ? Should the minimum number of in- 
 spectors, etc., be specified or left to the board of estimate and the 
 head of the department ?) 
 
 § 6. Offices. The central office of the department shall be in 
 the borough of Manhattan. There shall be a branch office of the 
 department in each other borough. 
 
 § 7. Seal; judicial notice. The commissioner may adopt a seal 
 for the department and cause the same to be used in the authenti- 
 cation of its orders and proceedings and for such other purposes as 
 he may prescribe. The court shall take judicial notice of such 
 seal and of the signatures of the commissioner and deputy com- 
 missioners of the department (See § 1332, charter.) 
 
 § 8. Uniforms and badges. The commissioner shall adopt a 
 suitable uniform to be worn by inspectors of the department He 
 may also provide a metallic badge, with a suitable inscription, and 
 require it to be worn by the inspectors and officers of the depart- 
 ment (See § 1335, charter.) 
 
 § 9. Officers and employees forbidden to engage in certain occu- 
 pations, trades or business. An officer or employee of the depart- 
 ment shall not engage as principal, agent, employee or stockholder 
 m the business of an architect, civil engineer, carpenter, plumber 
 iron worker, mason or builder, or in the manufacture or sale of 
 articles used in the construction of buildings, automatic sprinklers 
 or fire extinguishing, fire protection or fire prevention devices. 
 (See § 406, charter.) 
 
 Consolidation of Departmen 
 
 TS 
 
 899 
 
 I 
 
 § 10. Gratuities. An officer or employee of the department 
 shall not, directly or indirectly, in addition to his regular salary 
 or compensation, receive for his own benefit any present, gift or 
 emolument for services affecting the work of the department 
 rendered by himself, by the department, or an officer or employee 
 thereof. ^ ^ 
 
 ^ § 11. Punishment of employees. The commissioner of build- 
 ings may punish any employee, for neglect of duty, or omission to 
 properly perform his duty, for violation of rules or regulations, 
 or neglect or disobedience of orders, or incapacity, or absence with- 
 out leave, by forfeiting and withholding pay for a specified time, 
 or by suspension from duty, with or without pay, not exceeding 
 thirty days. (See §§ 406, 1331, charter.) ^^ 
 
 § 12. Fabely personating an officer. Any person, not an officer, 
 inspector or employee of the department, or acting under its au' 
 thority, who falsely represents himself as such, or who uses or, 
 without authority, wears or displays a shield or other insignia or 
 emb em such as is worn by such an officer, inspector or employee, 
 shall be ^ilty of a misdemeanor. (See § 1344-g, charter.) 
 
 § 13. Sohcitmg or receiving bribes. An officer or employee of 
 the department or a police officer detailed thereto, who shall ask 
 solicit, accept or receive any money or other compensation for en- 
 forcing, modifying or changing any order, rule or regulation of 
 the department shall be guilty of a felony. (See § 4ot, charter.) 
 § 14. Liability for official acts. An officer or empWeeTThe 
 department shall not be liable for any act done or omitted in good 
 faith and with ordmary discretion, within the scope of his official 
 duties m executing the provisions of this chapter. If property be 
 unjustiy or illegally destroyed or injured by such act or oSion 
 for which no such liability exists on the part of such officer or 
 employee, an action may be maintained against the city for the 
 
 rss, :Lr;' "-^ "^ "• ^ "^-^ "^ 
 
 § 15. Eules and regulations. The commissioner of buildings 
 may make, amend or repeal administrative rules and reg^S 
 for the conduct of business, and the duties and disciph^ of Z 
 suWdinates n the department of buildings. (SeeT406 cL^^ 
 
 § 16. Talang proof and testimony. Th'e coLTsslner' S b^d 
 mgs, a deputy commissioner, or such other person as the coS- 
 sioner may designate, may take proof and^timony i^ X^ 
 to any matter arising in conn«.tion with the perf onJance'f 1" 
 
900 
 
 Appendix III 
 
 Consolidation of Departments 
 
 901 
 
 
 ,ti 
 
 ).l! 
 
 of the duties of the department of buildings, and for such purpose 
 shall have all the powers of a person authorized to take and hear 
 testiinony, as provided by section eight hundred and forty-three of 
 the civil code, and of a person authorized by law to hear, try and 
 determine a matter in relation to which proof may be taken, as 
 provided in section eight hundred and fifty-four of the civil code. 
 (See § 1337, charter.) 
 
 § 17. Eight of entry. A commissioner, a deputy commissioner, 
 a chief inspector, an inspector, or an authorized employee of the 
 department may enter, examine and inspect a building, structure, 
 enclosure, vessel, place or premises, or part thereof, or thing 
 therein or attached thereto, at any reasonable hour, but between 
 sunset and sunrise, such entry shall not be made by a person other 
 than the commissioner, a deputy commissioner or a chief inspector, 
 without a written permit of the commissioner, a deputy commis- 
 sioner or chief inspector specifying the reasons therefor, which 
 permit shall be first exhibited to and a copy served upon the occu- 
 pant if any, of the building, structure, enclosure, vessel, place or 
 premises or part thereof, to be entered and examined. (See § 
 1344-c, charter, and § 775 aa amended by chapter 459, Laws of 
 1914.) 
 
 § 18. Co-operation of other departments. Each department, 
 board, body and officer of the city shall furnish to the department 
 such information, reports and assistance as may be required. (See 
 § 1344-m, charter.) 
 
 § 19. Annual report. The commissioner of buildings shall, 
 prior to the first day of March, make an annual report to the 
 mayor of the operations of the department for the year ending on 
 the preceding thirty-first day of December. A copy shall be de- 
 livered to the supervisor of the city record and be published in 
 full and in pamphlet form. (See § 1333, charter.) 
 
 § 20. Jurisdiction of department. The department shall within 
 the city have exclusive jurisdiction and control of: 
 
 1. The construction, alteration and removal of all buildings 
 and other structures, completed or in the course of construction 
 except water front property, bridges, tunnels, subways and build- 
 ings and structures appurtenant thereto, and the enforcement of 
 laws and ordinances in respect thereof. (See § 406, charter and 
 building code.) 
 
 2 The enforcement of the provisions of the labor law in respect 
 of the construction or changes in the construction of factories 
 factory buildings and mercantile establishments and the adequacy 
 
 of exit therefrom and the limitation of the number of occupants 
 therein. (See Labor Law, § 79, et seq.) 
 
 3. The enforcement of the tenement house law, the prevention 
 ' of encumbrances on fire escapes upon tenement houses, and the 
 
 lighting and ventilation of tenement houses, and the premises 
 connected therewith. (See §§ 1340-1341, charter.) 
 
 4. The installation, inspection and approval of all gas and 
 electric equipment, apparatus and appliances placed in any build- 
 ing or structure, to the extent that such jurisdiction and control 
 is conferred by statute or ordinance upon the department of water 
 supply, gas and electricity, but not including the installation, in- 
 spection and testing of gas and electric meters, and the enforcement 
 of such statutes and ordinances. (See §§ 469, 519, charter.) 
 
 5. Structural changes in bakeries, confectioneries and food pro- 
 duct manufactories to the extent that jurisdiction and control to 
 order such changes is conferred by statute or by ordinance upon the 
 health department and the enforcement of such statutes and ordi- 
 nances. (See Labor Law, article VIII.) 
 
 6. The inspection, testing and issuance of license certificates 
 for steam boilers, and the issuance of certificates of qualification 
 for the care and control of steam boilers, to the extent that juris- 
 diction and control thereof is conferred by statute or ordinance 
 upon the police department and the enforcement of such statutes 
 and ordinances. (See §§ 342, 343, charter and Laws 1901, chap- 
 ter 733.) 
 
 7. The enforcement of all laws and ordinances in respect of : 
 
 a. The prevention of fires and danger to and loss of life and 
 property therefrom. 
 
 b. The storage, sale, transportation or use of combustibles, 
 chemicals and explosives. 
 
 c. The installation and maintenance of automatic or other fire 
 alarm systems and fire extinguishing equipment. 
 
 d. The means and adequacy of exit in case of fire in and from 
 all buildings, structures, enclosures, vessels,* places and premises 
 in which numbers of persons work, live or congregate, from time to 
 time for any purpose. (See § 774, charter, as amended by L. 
 1914, ch. 459.) -^ 
 
 8. The enforcement of the rules and regulations of the board 
 of standards and appeals. 
 
 Jurisdiction over vessels might properly be retained by the Fire Depart- 
 ment. In this first draft practically the entire jurisdiction of the Bureau of 
 Fire Prevention except the Division of Fire Marshal has been transferred to 
 the new department. 
 
i 
 
 ^ii 
 
 'i' 
 
 I 
 
 I'! 
 
 
 '' 
 
 902 
 
 Appendix III 
 
 (What provision, if any, should be made for possible conflict of 
 jurisdiction ?) 
 
 TITLE 2. 
 Orders of Department or Buildings; Actions and Proceedings. 
 
 Section 21. Orders of commissioner. 
 
 22. Department orders and notices; service. 
 
 23. Transmitting orders and notices to owners. 
 
 24. Enforcement of orders. 
 
 25. Lien for expense of executing orders; enforcement 
 
 26. Personal liability for expenses. 
 
 27. Expenses lien on rents. 
 
 28. Suit for expenses; contribution. 
 
 29. Records of the department; searches. 
 
 30. Violation of orders; penalty. 
 
 31. Actions and proceedings to be brought in the name 
 
 of the department; penalties. 
 
 32. Suits to abate nuisances. 
 
 33. Injunction, when to be granted against the depart- 
 
 ment. 
 
 § 
 
 21. Orders of commissioner. The commissioner of buildings 
 shall: 1. Order the alteration, repair or equipment of a build- 
 ing or structure or part thereof, to conform to a statute, ordinance, 
 rule or regulation; 
 
 2. Order the destruction or removal of a building or structure 
 which by reason of structural defects is, in his judgment, danger- 
 ous to life; 
 
 3. Declare a tenement house, or a building, structure, excava- 
 tion, business, trade, matter or thing in or about a tenement house 
 or the lot on which it is situated, or the plumbing, sewerage, drain- 
 age, lighting or ventilation thereof, which, in the opinion of the 
 e<)nimissioner is in condition or effect dangerous or detrimental to 
 life or health, to be a public nuisance to the extent he may specify, 
 and order the same to be removed, abated, suspended, altered, im- 
 proved or purified as specified in the order; 
 
 4. Order vacated a tenement house or any part thereof infected 
 with contagious disease; 
 
 5. Order the remedying of any condition in, or about any build- 
 ing, structure, enclosure, vessel, place or premises, in violation of 
 law or ordinance or rule or regulation in respect of fire or of the 
 prevention of fires; 
 
 Consolidation of Defaktments 
 
 903 
 
 6. Order the installation as prescribed by law or ordinance or 
 by rule or regulation in any building, structure, enclosure, vessel, 
 place or preimises of automatic or other fire alarm systems or fire 
 extinguishing equipment, and the maintenance and repair thereof; 
 or the construction as so prescribed of adequate and safe means of 
 exit from a building, structure, enclosure, vessel, place or 
 premises ; 
 
 7. Order any building, structure, enclosure, vessel, place or 
 premises which, in the opinion of the commissioner, is inade- 
 quately protected against fire perils, to be vacated or be condemned 
 or removed; 
 
 8. Declare a building, structure, enclosure, vessel, place or 
 premises, which by reason of the nature or condition of its con- 
 tents or its use or the overcrowding at any time of persons therein, 
 or defect in its construction, or deficiencies in the fire alarm or 
 fire extinguishing equipment as may be required for on or in 
 such building, structure, enclosure, vessel, place or premises by 
 law or ordinance or rule or regulation, is perilous to life or prop- 
 erty in, against, therein, thereon or adjacent thereto, to be a pub- 
 lic nuisance, to the extent that he may specify, and order the same 
 abated. (See § 776, charter, as amended by chapter 458, Laws 
 1914.) 
 
 9. Order a vessel moored to or anchored near a dock or pier in 
 the city to be removed to and secured at such place in the harbor 
 as shall be designated by the commissioner, if such vessel be on 
 fire or in danger of catching fire or if by reason of its condition 
 or the nature of its cargo a menace to shipping or to property on 
 the water front of the city. 
 
 10. The commissioner of buildings shall also have power to 
 issue an order in respect of any subject or matter jurisdiction 
 whereof is conferred by statute, ordinance, rule or regulation, 
 upon the department of buildings. 
 
 § 22. Department orders and notices; service. Orders and 
 notices shall be in the name of the department of buildings, exe- 
 cuted by the commissioner, a deputy commissioner, or chief in- 
 spector, and addressed to the owner, lessee or occupant of the 
 building, structure, enclosure, vessel, place or premises affected 
 thereby, if known, and otherwise the premises shall be described 
 in the order so as to be readily identified. Service of the order 
 may be made by delivery of a copy to an owner or a lessee or to a 
 person of suitable age and discretion in charge, or apparently in 
 
' 
 
 904 
 
 x\pPENDIX III 
 
 !•' 
 
 
 i 
 
 I : 
 
 ;i 
 
 charge of the building, structure, enclosure, vessel, place or 
 premises, or if jio person be found in charge Uieroof, by affixing a 
 copy of such order conspicuously thereon. (See § 775, charter.) 
 § 23. Transmitting orders and notices to owners. If an order 
 or notice of the department be served upon or given to a lessee 
 or person in possession or charge of the building, structure, en- 
 closure, vessel, place or premises therein described, such person 
 shall give immediate notice to the owner or agent thereof, if the 
 same be known to him personally, if such owner or a^nt be 
 within the limits of the city of New York and his residence be 
 known to such person; and if such owner or agent be not within 
 such city, then by depositing a copy of such order or notice in 
 any post office in the city, properly enclosed and addressed to 
 such owner or agent at his place of residence, if known, postage 
 prepaid. If a lessee or person in possession or charge as afore- 
 said n^lect to give such notice as herein provided, he shall be 
 personally liable to the owner or owners of such building or prem- 
 ises for damages he or they sustain by reason of such neglect 
 (See § 778-a, charter, as added by chapter 899, Laws 1911 ) 
 
 § 24. Enforcement of orders. Where an emergency exists 
 constituting an imminent peril to life or health, the order of the 
 department may require immediate compliance therewith. If 
 the order be not so complied with to the satisfaction of the com- 
 missioner, the commissioner may forthwith execute such order 
 with the employees and equipment of the department, or other- 
 wise, as the commissioner directs. In any otJier case, if an 
 owner or lessee served with an order of the department refuse 
 or neglect to comply therewith within the time specified in the 
 order, or within such extended time as the commissioner may 
 allow, the commissioner may apply to the supreme court at a 
 special term, without notice, for an order either authorizing the 
 commissioner to execute the order of the department with its own 
 employees and equipment or otherwise as ihe commissioner may 
 direct, or for an order of the court directing the commissioneV 
 to vacate the building or premises affected by the order of the de- 
 partment, or so much thereof as he may deem necessary, and 
 prohibiting and enjoining all persons from using or occupying 
 the same for any purpose until such measures are taken as may be 
 required 'by the order of the department The court may, how- 
 ever, instead of proceeding summarily grant a hearing to the per- 
 son affected, upon order to show cause. If premises be vacated. 
 
 Consolidation of Departments 
 
 905 
 
 pursuant to this section, the commissioner, when satisfied that 
 the order of the department has been complied with or that the 
 necessity for the premises remaining vacant no longer exists, may 
 declare the order of the department no longer operative and per- 
 mit the reoccupation of such premises. (See charter, § 778, as 
 added by chapter 899, L. 1911.) 
 
 § 25. Lien for expense of executing orders; enforcement. The 
 city shall have a lien for the expenses necessarily incurred by the 
 department in the execution of an order thereof, which lien shall 
 be upon the real property in respect to which the expenses shall 
 have been incurred and shall have priority over all otiier liens or 
 incumbrances except taxes and assessments. No such lien shall be 
 valid until a notice containing the particulars required to be 
 stated in a mechanic's lien and that the expenses had been in- 
 curred pursuant to an order of the department and the date of 
 such order shall have been filed, entered and indexed in the office 
 of the county clerk as in the case of a mechauic's lien. Such 
 notice when filed shall have the same force and effect as a notice 
 of mechanic's lien. All proceedings with reference to the en- 
 forcement and discharge of such lien shall be followed as pro- 
 vided by law for a mechanic's lien and with the same effect 
 Unless proceedings to discharge the lien be commenced within six 
 months after actual notice of the filing thereof by the party 
 against whose property a lien is filed, the filing shall as to all per- 
 sons having such notice become conclusive evidence that the 
 amount claimed in the statement is due and a lien upon the prop- 
 erty. Such lien shall continue for a period of four years from 
 the time of filing unless sooner discharged. If within said period 
 proceedings be commenced to enforce tlie lien, it shall remain a 
 lien until the final termination thereof. 
 
 § 26. Personal liability for expenses. The expense of execut- 
 ing an order of the department shall also be a joint and several 
 charge against each of the owners or part owners and each of the 
 lessees and occupants of the building, structure, enclosure, vessel, 
 place or premises to which the order relates, and in respect of 
 which such expenses were incurred, and also against every person 
 or body who shall by law contract to do that in regard to such 
 building, structure, enclosure, vessel, place or premises, which 
 such order requires. (See charter, § 776-a, as added by ch. 899, 
 L. 1911, and § 1341b.) 
 
906 
 
 Appendix III 
 
 I - 
 
 M, 
 
 ' i 
 
 1'' 
 
 I' 
 
 I 
 
 
 § 27. Expenses lien on rents. The expense of executing an 
 order of the department shall also be a lien on all rent and com- 
 pensation due or to grow due, for the use of any building, struc- 
 ture, enclosure, vessel, place or premises, or part thereof to which 
 such order relates, and in respect of which such expenses were 
 incurred. (See charter, § 776-a, as added by ch. 899, L. 1911, 
 and § 1341-b.) 
 
 § 28. Suit for expenses; contribution. One or more of the 
 parties liable for the expense of executing an order of the depart- 
 ment may be made party or parties defendant to an action to re- 
 cover the same; and any of the persons liable for such expenses, 
 but not made parties defendant in the action shall be liable for 
 contribution, according to their legal or equitable obligation. 
 
 § 29. Becords of the department; searches. The records of 
 the department of buildings shall be public records. Every order 
 or notice of a department shall be indexed against the real prop- 
 erty affected thereby. The conamissioner, subject to such r^ula- 
 tions as he may prescribe, shall cause to be made and certified, 
 searches for all orders and notices of the department on applica- 
 tion of persons interested in real property affected thereby, or 
 shall permit the search of the necessary records of the department 
 to be made by such persons. 
 
 § 30. Violation of orders; penalty. Any person who shall vio- 
 late or aid or abet the violation of any order of the department 
 shall be guilty of a misdemeanor, and also shall be liable to a civil 
 penalty of two hundred and fifty dollars. (See § 1341-b, charter.) 
 § 31. Actions and proceedings to be brought in the name of 
 department; penalties. All actions and proceedings relating to 
 matters within the jurisdiction of the department for the enforce- 
 ment of the provisions of this chapter, or of the labor law or the 
 tenement house law, or of any ordinance, rule or regulation, shall 
 be brought in the name of the department by the assistant corpo- 
 ration counsel assigned to the department; and all penalties re- 
 covered shall be paid to him and acxjounted for and paid over to 
 the conamissioner, with a statement of disbursements. (See 
 § 1344-c, charter.) 
 
 § 32. Suits to abate nuisances. The department may main- 
 tain in the name of the city an action in the supreme court for 
 the abatement of a nuisance, declared to be such by order of the 
 department. Costs collected in such action shall be paid into the 
 general fund. Tf, pursuant to this chapter, an order be made by 
 
 Consolidation of Depaetments 
 
 907 
 
 the commissioner for the abatement of a nuisance and the com- 
 missioner applies to the supreme court at a special term for the 
 enforcement thereof, the determination of such application 
 against the commissioner shall not be a bar to an action under 
 this section ; but no such action shall be taken before the determi- 
 nation of such summary application to the court. 
 
 § 33. Injunction, when to be granted against the department. 
 No preliminary injunction shall be granted against the depart- 
 ment of buildings or its officers except by the supreme court, at a 
 special term thereof, after service of at least five days' notice of 
 the motion for such injunction, together with copies of the papers 
 upon which the motion for such injunction is to be made. When- 
 ever the department shall seek any provisional remedy or shall 
 prosecute an appeal it shall not be necessary, before obtaining or 
 prosecuting the same to give an undertaking. 
 
 TITLE 3. 
 
 BOABD OP StANDABDS AND APPEALS. 
 
 Section 34. Board of standards and appeals. 
 36. Meetings of board. 
 
 36. Jurisdiction of board. 
 
 37. Adoption of rules and r^ulations. 
 
 38. Kules and regulations continued in force as rules and 
 
 regulations of the board. 
 
 39. Enforcement of rules and regulations. 
 
 40. Taking proof and testimony. 
 
 41. Inspection by the board. 
 
 42. Variations. 
 
 43. Appeals to board of standards and appeals. 
 
 44. Effect of appeal; hearing; decision. 
 
 I 34. Board of standards and appeals. The board of stand- 
 ards and appeals is hereby established. Such board shall consist 
 of the commissioner of buildings, the fire commissioner and three 
 other persons appointed by the mayor. In making such appoint- 
 ments the mayor shall consider nominations, if any, made to him 
 by the following organizations: The New York Chapter of 
 American Institute of Architects, the New York Board of Fire 
 Underwriters, the Mechanics' and Traders' Exchange, the Society 
 of Architectural Iron Manufacturers and the Real Estate Owners 
 
1 
 
 II i 
 
 i 
 
 I i' 
 
 ; 
 
 I, I 
 
 1 1 
 
 ,!! 
 
 lilli 
 
 908 
 
 Appendix III 
 
 and Builders Association. The terms of the appointive members 
 of the board first appointed shall be one, two and three years, re- 
 spectively, and thereafter each appointive member shall be ap- 
 pointed for a full term of three years. The commissioner of 
 buildings shall be chairman of the board. The board shall ap- 
 point a secretary. The salary of each of the appointive members 
 of the board shall be dollars a year; the salary of the secre- 
 tary shall be dollars a year. The commissioner of build- 
 ings shall detail, from time to time, to the assistance of the board 
 such employees of the building department as may be needed. 
 In aid of its work the board may employ experts for special and 
 occasional services, and employ necessary clerical assistance, when 
 needed. 
 
 . § 35. Meetings of board. Stated meetings of the board shall 
 be held at such times as the board may determine. The board 
 shall also provide for the calling and holding of sj^ecial meetings. 
 All meetings of the board shall be open to the public. The board 
 shall keep minutes of its proceedings, showing the vote of each 
 member upon every question, and records of its examinations and 
 other official action. 
 
 § 36. Jurisdiction of board. The board shall : 1. Have power 
 to make investigations concerning all matters relating to the to- 
 forcement and eflFect of the provisions of this chapter, and the 
 rules and regulations made by the board thereunder ; 
 
 2. Make, amend and repeal rules and regulations for carrying 
 into effect the provisions of this chapter, and of laws or ordinances 
 in respect of a subject or matter jurisdiction whereof is conferred 
 upon the department of buildings by this chapter, applying such 
 provisions to specific conditions and prescribing means and 
 methods of practice to effectuate such provisions; 
 
 3. Have the powers of the industrial board of the labor depart- 
 ment under the labor law to make, amend or repeal rules and 
 regulations in respect of factories, factory buildings and mer- 
 cantile establishments within the city of New York, exclusive of 
 such industrial board to the extent that jurisdiction tliereof is 
 conferred upon the department of buildings. 
 
 4. Have power to permit variations from law or ordinance, or 
 rules or regulation of the board, as authorized by this chapter ; 
 
 5. Hear appeals from a decision or order of the commissioner 
 of buildings, as provided by this chapter. 
 
 Consolidation of Departments 
 
 909 
 
 § 37. Adoption of rules and regulations. At least three 
 affirmative votes shall be necessary to the adoption of any rule 
 or regulation by the board. Before any rule or regulation is 
 adopted, amended or repealed by the board, there shall be a 
 public hearing thereon, notice of the time and place of which 
 shall be published in the City Record at least ten days prior to 
 the hearing. Every rule and regulation and every act of the 
 board shall be promptly published in the City Record. The rules 
 and regulations and amendments and changes thereof shall, unless 
 otherwise prescribed by the board, take effect twenty days after 
 the publication thereof. 
 
 § 38. Bules and regulations continued in force as rules and 
 regulations of the board. The rules and regulations of a borough 
 president relating to the construction, alteration or removal of 
 buildings, of the fire department respecting fire prevention, of 
 the tenement house department respecting tenement houses, and of 
 tlie industrial board of the state labor department in respect of 
 factories, factory buildings and mercantile establishments, and 
 of any other department, board, commission or office, if jurisdic- 
 tion of the subject matter to which such rules or regulations relate 
 be vested in the department of buildings by this chapter, shall 
 continue in force and be deemed rules and regulations of the board 
 of standards and appeals until amended or repealed. The corpo- 
 ration counsel shall as soon as practicable after this chapter takes 
 effect compile for the use of the board a copy of such rules and 
 regulations as he deems continued in effect by this chapter. 
 
 § 39. Enforcement of rules and regulations. The rules and 
 regulations of the board pursuant to the provisions of this chapter 
 shall be enforced in the same manner as the provisions of this 
 chapter. 
 
 § 40. Taking proof and testimony. The board shall have 
 power to take proof and testimony in relation to any matter 
 which it has power to investigate, and for such purpose shall have 
 all the powers of a person authorized to take and hear testimony 
 as provided by section eight hundred and forty-three of the civil 
 code, and of a person authorized by law to hear, try and determine 
 a matter in relation to which proof may be taken as provided in 
 section eight hundred and fifty-four of the civil code. 
 
 § 41. Inspection by the board. Each member of the board and 
 the secretary shall have the power to enter, inspect and examine 
 buildings as conferred by this chapter on the commissioner of 
 buildings. 
 
M 
 
 \l 
 
 \r 
 
 ,, 
 
 910 
 
 Appendix III 
 
 § 42. Vanations. If, in the opinion of the board, there shall 
 be practical difficulties 11 carrying out the strict letter of a statute 
 or ordinance, rule or regulation, relating to the construction, 
 alteration or removal of a building, or structure, or to any other 
 subject or matter, jurisdiction whereof is conferred upon the 
 department of buildings, a variation from or modification of its 
 requirements, so that the spirit of the statute, ordinance, rule or 
 regulation shall be observed, public safety secured and substantial 
 justice done, may be permitted as provided by this section. The 
 owner of a building, or structure or of a proposed building or 
 structure, or his agent, may before presenting plans and specifi- 
 cations to the department of buildings or before an order of the 
 department is issued, petition the board for one or more varia- 
 tions or modifications stating the grounds therefor. The board 
 shall fix a day within a reasonable time for a hearing on such 
 petition and upon the hearing the petitioner may appear in per- 
 son or by agent or attorney. The decision of the board shall be 
 rendered promptly and shall be final. A copy of the petition and 
 decision shall be filed by the secretary of the board in the de- 
 partment of buildings and, if the petition be allowed, wholly or 
 m part, a certificate stating the reason for such allowance. Such 
 decision shall be controlling on the department of buildings. 
 (See § 410, charter.) ^ 
 
 § 43. Appeals to board of standards and appeals. If the com- 
 missioner of buildings reject or refuse to approve the plans or 
 materials proposed for the construction or alteration of a building 
 or structure, or if it be claimed that a statute or ordinance, rule 
 or regulation does not apply, or an equally good or more desirable 
 form of construction or material can be employed with a satis- 
 factory result, the ovmer or his agent may appeal from the de- 
 cision of the commissioner to the board of standards and appeals, 
 if the amount involved exceed the sum of one thousand dollars' 
 An appeal may also be taken to the board from any order of the 
 department of buildings. An appeal from such decision or order 
 shall be taken by filing in the department of buildings and with 
 the secretary of the board of standards and appeals, a notice of 
 appeal specifying the grounds thereof. If the appeal be from a 
 decision of the commissioner of buildings, copies of all papers 
 tiled with the commissioner upon application for the buildinir 
 permit shall be filed with the notice of appeal. If the appeal be 
 from an order, a copy of the order shall be filed with the notice 
 
 Consolidation of Depabtments 
 
 911 
 
 of appeal. Such notice shall be filed, if the appeal be from a 
 decision of the commissioner, within ten days after the entry of 
 such decision upon the records of the building department If 
 the appeal be from an order, the notice of appeal shall be filed 
 within forty-eight hours after service of a copy of the order ap- 
 pealed from. 
 
 (See charter, § 411. The provisions of this section are also 
 intended to supersede the present provisions of the charter author- 
 izing a right of survey to review orders of the fire prevention 
 bureau. ) 
 
 § 44. Effect of appeal; hearing; decision. An appeal from an 
 order stays the execution and effect of the order until the decision 
 of the appeal, unless the commissioner of buildings certifies to 
 the board of standards and appeals within twenty-four hours after 
 the notice of appeal shall have been filed with the department of 
 buildings, that an emergency exists constituting an imminent 
 peril to life or health and requiring in his opinion the immediate 
 execution of such order, and stating the reasons therefor. The 
 commissioner may at any time after an appeal has been taken 
 file with the board a request for an immediate decision stating 
 in writing his reasons therefor in which case the board shall render 
 its decision within five days thereafter. The board shall fix a 
 time for the hearing of the appeal, and upon the hearing the 
 appellant may appear in person or by his agent or attorney. No 
 member of the board shall pass upon any question in which he 
 is personally interested, and at least three affirmative votes, ex- 
 clusive of the vote of the commissioner of buildings shall be neces- 
 sary to reverse or modify the decision or order appealed from. 
 The decision of the board shall be rendered promptly and shall 
 be final. 
 
 TITLE 4. 
 Tenement House Pbovisions. 
 
 Section 45. Sanitary inspection of tenement houses. 
 
 46. Tenement house records. 
 
 47. Monthly inspection of tenement houses. 
 
 48. Reports respecting tenement houses. 
 
 49. Requests for institution of actions respecting tene- 
 
 ment houses. 
 
 50. Tenement house squad. 
 
 § 45. Sanitary inspection of tenement houses. In addition to 
 the exclusive jurisdiction conferred by this chapter, the depart- 
 
912 
 
 Appendix III 
 
 I I 
 
 ft 
 
 
 i' 
 
 ■>\, 
 
 I' 
 
 ment of buildings shall have, concurrently with the department 
 of health, power of sanitary inspection of tenement houses and 
 the premises connected therewith. (See charter, § 1340.) 
 
 § 46. Tenement house record*. The commissioner of buildings 
 shall keep a complete record of tenement houses by card catalogue 
 including : 
 
 1. A diagram of each tenement house showing the shape of the 
 building, its width and depth, also the measurements of the un- 
 occupied area, shafts, courts, yards and other open spaces. Such 
 diagram shall include the plan of the second or typical floor of 
 the building showing the sizes and arrangement of the rooms and 
 all doors, stairs, windows, halls and partitions. 
 
 2. A statement of when the building was erected. 
 
 3. A statement of the deaths and death rate therein during each 
 year showing whether the deaths were of adults or children and 
 the diseases causing the same if occasioned by tuberculosis, typhoid 
 fever, diphtheria, scarlet fever, smallpox, measles or other con- 
 tagious or infectious disease. 
 
 4. A statement of the cases of sickness from contagious or in- 
 fectious diseases and whether of children or adults. (See charter 
 § 1344-i.) ' 
 
 § 47. Monthly inspection of tenement houses. The commis- 
 sioner shall cause an inspection of every tenement house, in which 
 the average rental of apartments is less than twenty-five dollars 
 per month, to be made at least once in each month. Where the 
 average rental of the apartments therein is twenty-five dollars per 
 month or more, such inspection may be made in the discretion of 
 the commissioner. Such inspection shall include examination of 
 cellars, water closets, privies, plumbing, yards, areas, fire escapes, 
 roofs, shafts, courts, tanks, and all other parts of such tenement 
 house, and of premises connected therewith. (See charter, § 
 
 § 48. Keports respecting; tenement konw.. All dispensaries 
 and hospitals shall make weekly statements to the department of 
 the cases of sickness treated therein from each tenement house. 
 The statement shall show the location of the tenement house, by 
 street and number the nature of the sickness, and whether the 
 patient was an adult or child. The police department shall fur- 
 nish to the department a weekly statement of the number of ar- 
 W; T*rt ^"^"^ in tenement houses which shall show the 
 location of the tenement house, by street and number, the offense 
 
 Consolidation of Departments 
 
 913 
 
 charged, the age and name of the offender, and such other informa- 
 tion as the department may require. The commissioner of build- 
 ings shall furnish blank forms for such statements. The depart- 
 ment may also require other reports relative to persons residing 
 in tenement houses from dispensaries, hospitals, charitable or 
 benevolent societies, infirmaries, prisons and schools, and from 
 the managers, principals and officers thereof; and the managers, 
 principals and officers of such institutions shall promptly make 
 such reports as the commissioner may require. (See charter, 
 §§ 1344-j, 1344-k.) 
 
 § 49. Requests for institution of actions respecting tenement 
 
 houses. The names of owners, lessees and agents and persons hav- 
 ing control of tenement houses shall be filed in, and the taxpayer's 
 request for the institution of an action for a lien upon a tenement 
 house shall be presented to the department of buildings instead of 
 the department of health. (See § 1340, charter.) 
 
 § 50. Tenement house squad. The police commissioner on a 
 requisition of the commissioner of buildings shall detail to the 
 department of buildings not more than one hundred members of 
 the police force of at least five years' service. The building de- 
 partment shall pay monthly to the police department a sum equal 
 to the pay of the members so detailed, who shall be known as the 
 tenement house squad, and report to the commissioner of buildings. 
 The commissioner of buildings may report to the police depart- 
 ment for punishment a member of the squad guilty of breach of 
 order or discipline or of neglect of duty. The commissioner of 
 buildings may reject a member detailed to the squad and there- 
 upon another member shall be detailed in his place. Members of 
 the police force detailed to the tenement house squad at the time 
 this chapter takes effect shall be deemed employees subject to trans- 
 fer to the department of buildings, as provided by this chapter. 
 (See charter, § 1344-n.) 
 
 TITLE 5. 
 General Pbovisions. 
 
 Section 51. Record of applications. 
 
 52. Permit for building; copies to be filed with the tax 
 
 department 
 
 53. Height of buildings; restrictions as to ordinances 
 
 regulating. 
 
-3 
 
 I I 
 
 \ 
 
 
 H ,!| 
 
 914 
 
 Appendix III 
 
 Section 54. Complaint book. 
 
 55. Municipal explosives commission. 
 
 56. Transfer of personnel follows transfer of functions. 
 
 57. Transfer of appropriations, property and records. 
 o8. Eitect of unrepealed law or ordinance. 
 
 59. Building code. 
 
 60. Saving clause. 
 
 §51. Kccord of applications. The commissioner of buildin/rs 
 shall keep a record of all applications presented to him concerning, 
 affecting or relating to the construction, alteration or removaUf 
 buildings or other structures, including therein the date of the 
 tiling of each application; the name and address of the applicant- 
 the name and address of the owner of the land on which the build- 
 ing or structure is situated ; the names and addresses of the archi- 
 tect and builder employed thereon; a designation of the premises 
 by street number or otherwise, sufficient to identify the same- a 
 statement of the nature and proposed use of the structure; and a 
 brief statement of the nature of the application, together with a 
 memorandum of the decision of the commissioner upon such ap- 
 plication and the date of such decision. Such records shall be 
 open for mspection to the public at all reasonable times. (See 
 charter, § 413.) ^ 
 
 § 52. Permit for building; copies to be filed with the tax de- 
 partment. Whenever a permit shall have been granted for the 
 construction, alteration or removal of a building or structure the 
 department of buildings shall furnish to the tax departnlent 
 withm ten days, a copy of such permit, designating the lot and 
 block or tax number upon the tax map of the premises. (See 
 charter, § 903.) ^ 
 
 § 53. Height of buildings; restrictions u to ordinances regn- 
 latmg. The height of buildings and structures to be erected in the 
 city may be restricted and regulated by ordinance provided that 
 when an ordinance on such subject be introduced the board of 
 aldermen shall provide for public hearings thereon before the 
 board or a committee thereof, and no such ordinance shall be passed 
 except by a majority of all the members of the board and shall not 
 take effect until approved by the board of estimate by a vote of 
 members entitled to cast at least twelve votes. Such an ordinance 
 may be limited in its application to a part of the city (See 
 
 Consolidation of Depaktments 
 
 916 
 
 § 54. Complaint book. There shall be kept in the department 
 a general complaint book, or several such books, in which may be 
 entered by any person a complaint in reference to a matter within 
 the jurisdiction of the department. Such book shall be open to 
 public examination during the office hours of the department, sub- 
 ject to such regulations as the commissioner may prescribe. The 
 commissioner shall cause the facts in regard to all complaints to be 
 investigated. (See § 1338, charter.) 
 
 § 56. Municipal explosives commission. The municipal ex- 
 plosives commission, as constituted when this chapter takes effect, 
 is continued, except that the commissioner of buildings shall be ex 
 officio chairman and a member of the commission, in place of the 
 fire commissioner. The appointive members of the commission 
 shall hold office during the pleasure of the mayor. The regula- 
 tions of such commission, heretofore continued as a chapter of 
 the code of ordinances of the city, shall continue in full force and 
 effect, siibject to amendment or repeal by the board of aldermen, 
 except that the powers and duties of the fire commissioner there- 
 under shall hereafter be exercised and performed by the commis- 
 sioner of buildings. (See § 778-c, charter, as added by chapter 
 889, Laws 1911 ; also ordinances, § 419-ff.) 
 
 § 56. Transfer of personnel follows transfer of functions. 
 
 Where existing powers or duties of a department, board, body, 
 office, division, bureau, position or employment, or officer or em- 
 ployee of the city, are, by this chapter, conferred or imposed upon 
 the department of buildings, all officers and employees, except 
 heads of departments, superintendents of buildings, deputies, 
 secretaries, and chief building inspectors, within the jurisdiction 
 or control of the department, board, body, division, bureau, office, 
 position or employment, or officer or employee, now exercising 
 such powers or duties shall, without change of salary, be trans- 
 ferred to the department of buildings. Service in lie depart- 
 ment, board, body, division, office, position or employment from 
 which transferred shall for all purposes be counted as service in 
 the department of buildings. 
 
 § 57. Transfer of appropriations, property and records. Where 
 existing powers or duties of a department, board, body, division, 
 bureau, office, officer or employee of the city are, by this 
 chapter, conferred or imposed upon, or transferred to the depart- 
 ment of buildings, all funds, property records, books, papers and 
 documents within the jurisdiction or control of the department, 
 
II 
 
 r' 
 
 
 «!' 
 
 i 
 
 It 
 
 l! 
 
 916 
 
 Appendix III 
 
 board, body, division, bureau, office, officer or eiuployee, now 
 exercising such powers or duties, shaJl be immediately transferred 
 and delivered to the department of buildings. There shall like- 
 wise be transferred all unexpended appropriations made by the 
 city to enable the department, board, body, division, bureau, office, 
 officer or employee, to exercise the powers and duties so trans^ 
 terred. Records, 'books, papers and documents of the state labor 
 department relating to such of its powers and duties in the city 
 
 f f T/ Tn^ *'" '^''^^' "'^ transferred to the department 
 of buildings shall also be immediately transferred and delivered 
 to the department of buildings. (See § 1341, charter.) 
 
 ^ 58. Effect on unrepealed law or ordinance. A general law 
 or special law, or ordinance, not specifically repealed by this chap^ 
 ter shall, notwithstanding the enactment of this chapter, continue 
 in force modified or amended only to the extent of vesting in the 
 departaent of buildings the jurisdiction and control conferred by 
 this chapter. "^ 
 
 § 59. Building code. The building code now in force, subject 
 to amendment and repeal, is hereby continued as a chapter of the 
 code of ordinances until superseded. (See charter, § 407 ) 
 
 § 60. Saving clause. The provisions of this chapter shall not 
 affect or impair any act done or right accruing, accrued or ac- 
 quired or liability, penalty, forfeiture or punishment incurred 
 prior to the time this chapter takes effect, but the same may be 
 asserted, enforced, prosecuted or inflicted as fully and to the same 
 extent as if this chapter had not been enacted. All actions and 
 proceedings, civil or criminal, commenced under or by virtue of 
 statute, ordinance, rule or regulation creating and ccmferring 
 powers or imposing duties transferred by this chapter to the dl 
 partment of buildings, and for the enforcement of statutes 
 ordinances, rules and regulations in relation thereto, and pending 
 immediately prior to the taking effect of this chapter, may be 
 prosecuted and defended to final effect by and in the name of the 
 department of buildings. Any investigations or examinations 
 undertaken, commenced or instituted by a department, commis- 
 sion, board, body or officer of the city, or the state labor depart, 
 ment, in relation to a matter or subject jurisdiction whereof is 
 conferred by this chapter on the department of buildings may be 
 conducted or continued to a final determination by the depart- 
 ment of buildings as though this chapter had not been enacted. 
 An order of a city department, commission, board, body or o&cer 
 
 Consolidation of Depabtments 
 
 917 
 
 in the state«labor department in relation to a matter or subject, 
 jurisdiction whereof is conferred 'by this chapter on the depart- 
 ment of buildings is continued in full force and effect, notwith- 
 standing the enactment of this chapter, and may be enforced by 
 the department of buildings ; but the procedure for such enforce- 
 ment shall be pursuant to the provisions of this chapter. 
 
 
Ill 
 
 ^ 
 
 y.i 
 
 ;^i 
 
 h 
 
 I 
 \ , 
 
 It 
 
 I 
 
 LIST OF QUESTIONS CONCERNING THE Fim 
 HAZARD IN MERCANTILE ESTABLISHMENTS* 
 
 This questionaire is submitted solely for the purpose of ob- 
 taining the suggestions of those interested in the problem of the 
 fire hazard in mercantile establishments, so as to guide the Com- 
 mission m drafting its recommendations on the subject. 
 
 The Commission has not yet decided upon any recommenda- 
 tions. 
 
 The questions herein set forth will be considered at public hear- 
 mgs the first of which will be held at the Aldermanic Chamber, 
 City Hall, New York City, on Tuesday, April 28th, at 10 a. m. 
 Dates of other public hearings will be announced later. If you 
 desire to appear, please notify Abram I. Elkus, chief counsel to 
 the Commission, 170 Broadway, New York City. In any event 
 the Commission will be glad to receive your views in writing at an 
 early data 
 
 I. CONSTBUCTION 
 
 1. Shall all vertical openings between floors be enclosed in fire- 
 proof partitions, or partitions of fire-resisting materials, and all 
 openings from these enclosures to the various floors be protected 
 by self-closing, fireproof doors or windows? (For definUian of 
 fireproof partitions and partitions of fi,re-resisting materials, see 
 the Factory Law. VeHical openings include rotundas, wells, 
 stairways, elevators, package chutes, light shafts, belt openings, 
 pipe and duct shafts, hoistways, etc) 
 
 2. How many required means of exit shall there be from every 
 floor of a building used as a mercantile establishment? What 
 types of exits shall be accepted as required exits? 
 
 3. Shall all required stairways extend continuously from the 
 floors which they serve, to the street ; or to a fireproof passageway 
 independent of other means of exit from the building, and opening 
 
 • A mercantile establishment is defined in the Labor Law as " anv nlai»P 
 be'rhaS^'in^Jn^wI"^^^^^ *'^ ^^^'"^ '^' ^''" S»^*" "- <i^«»^^« 
 
 [918] 
 
 Hotel Laundries 
 
 919 
 
 on a road or street ; or to an open area affording unobstructed pas- 
 sage to a road or street? 
 
 4. How many required exits shall be provided for each floor 
 below the street level, used for purposes of the business, in any 
 mercantile building? 
 
 5. Shall all doors in buildings used for mercantile purposes 
 open outward or be double swinging doors ? 
 
 6. Shall doors from all interior rooms which are used as work- 
 rooms or from any interior room, where more than five persons 
 are permitted, open outward or be double swinging doos? 
 
 7. Shall revolving doors be allowed at any entrance ? 
 
 8. Shall the width of the hallways, vestibules and required exit 
 doors leading therefrom to the street, be not less than the aggre- 
 gate width of all stairways and exits leading to them? 
 
 9. What provisions shall be adopted for adequate and sufficient 
 exit facilities in existing and future mercantile establishments 
 based upon area, height of building, number of occupants, etc. ? 
 
 10. What special provisions shall be made for exits from the 
 main floor of the building ? 
 
 11. Is it practicable to limit the number of occupants in mer- 
 cantile establishments in accordance with the exit facilities pro- 
 vided? If so, on what basis should this be done? 
 
 12. In what classes of mercantile buildings should an automatic 
 sprinkler system be required ? 
 
 13. In what classes of mercantile buildings should a fire alarm 
 signal system be required ? 
 
 II. Future Construction 
 
 14. Shall the open floor area between fire walls be limited ? If 
 so, on what basis, and should there be a distinction made in this 
 regard l>etween sprinkled and non-sprinkled buildings? 
 
 III. Maintenance 
 
 15. In what classes of mercantile establishments shall fire drills 
 be required? How shall they be conducted? 
 
 16. How shall aisles throughout the building be arrang-ed so as 
 to afford safe passageways to every means of egress ? 
 
 17. Shall the reduction in width of aisles in the direction of an 
 exit, be prohibited ? 
 
li 
 
 . r.' 
 
 920 
 
 Appewdix III 
 
 18. Shall obstruction of any kind, fixed or movable, be allowed 
 to divide or block the aisles ? 
 
 19. What provision shall be made for exits from interior rooms 
 m a mercantile building? 
 
 20. Shall packing rooms, whore inflammable material is used 
 be enclosed in fireproof partitions ? 
 
 21 Shall excelsior, paper, clippings or other inflammable ma- 
 terial used for packing purposes 1« baled and stored in a fireproof 
 room, and all loose excelsior in use in packing rooms kept in ap- 
 proved fireproof bins ? 
 
 22. Shall approved fireproof receptacles be provided through- 
 out the building for the reception of waste material and rubbish ? 
 
 2.3. Where gas or kerosene is used for lighting purposes, shall 
 the hghts be placed at least eighteen inches distant from inflam- 
 mable stock and be protected by wire safety-cages? Shall movable 
 brackets be permitted ? 
 
 24. Shall all kitchens or bakeries located in mercantile estab- 
 lishments be enclosed in fireproof partitions and separated from 
 the rest of the building by such partitions ? 
 
 25. Shall smoking be prohibited in every mercantile establish- 
 ment where more than ten persons are employed, except in fire- 
 proof enclosed rooms set aside for that purpose ? 
 
 26. Shall all exits be plainly marked bv means of a red- 
 lighted sign ? Shall there be any special form of signs at horizon- 
 tal exits. 
 
 27. Shall there he red-lighted index signs showing the most 
 direct path to the various exits ? 
 
 28. Where there are different floor levels in any building or 
 group of buildings used as a mercantile establishment, shall the 
 connection l)etween floor levels he by means of gradients having a 
 non-slipping surface? 
 
 IV. General 
 
 29. What conditions constitute the most serious fire hazards in 
 department stores? 
 
 30. What recommendations would you make to minimize the 
 fire hazard in department stores other than those suggested by the 
 foregoing questions? 
 
 Hotel Laundries 
 
 921 
 
 7. STUDY OF HOTEL LAUNDRIES 
 By Sally M. Frankenstein 
 
 The Commission's study of hotel laundries made during the 
 month of June, 1914, was confined almost exclusively to the wel- 
 fare of women, since they constitute about 75 per cent, of the 
 working force. 
 
 Because of the short time available it was necessary to confine 
 our observations to a few general points. 
 
 (1) Conditions of work. 
 
 (2) Length of hours. 
 
 (3) Wages. 
 
 The investigator secured the information from managers of 
 hotels, the superintendent or manager of the laundry, and in six 
 instances from conversation with employees; visiting in all 
 twenty-eight (28) hotels. Of these nine (9) had no laundries and 
 one (1) conducted a regular public laundry, thus coming under 
 the jurisdiction of the Department of Labor. The study, there- 
 fore, included eighteen (18) hotel laundries, in which four hun- 
 dred and seventy-seven (477) women were found employed. 
 
 Situation. — Thirteen (13) of the laundries were situated in 
 cellars; three (3) in basements and eight (8) above the street floor 
 (on the 9th, 10th, 15th, 19th or 26th floors). 
 
 Lighting. — Those in cellars receive no natural light or sun- 
 light and in about 60 per cent, of these it would have been diffi- 
 cult to read a newspaper without straining the eyes. 
 
 Ventilation. — Ventilation in all the cellar laundries was by 
 indirect means and in two laundries the ventilating system was 
 noticeably poor and the rooms were hot and steamy. This was 
 caused in one case by unhooded or insufficiently hooded mangles, 
 which allowed the steam and heat to escape into the room. In 
 the other the ventilating system was poor because of inadequate 
 exhaust fans. 
 
 Exits. — Apparently most of the laundries were planned and 
 erected with little or no thought of providing adequate fire pro- 
 tection to the people who work in them daily. Situated, as many 
 of them are, in the cellar, the proper means of exit in case of fire 
 or panic were lacking in a number oi instances. The exits in a 
 
922 
 
 Appendix III 
 
 i I 
 
 large majority of hotel laundries situated in the cellar are through 
 winding passages remote from the laundries, and in no cases were 
 the exits indicated by signs or other notices. 
 
 In one hotel the manager, who was showing the investigator 
 through the laundry, could not find the direct exit to the street 
 and went into several rooms and out again in his search for it. 
 An employee was asked where it was and he did not know. 
 Finally it was foimd enclosed in a small room with the door 
 closed and no exit sign on the door. Another means of exit was 
 by the street elevator, with no sides, so small that but two or three 
 people could safely stand on it. This hotel had its cellar pas- 
 sageways filled with rubbish. 
 
 Hours.— The women in ^ve (5) out of the eighteen (18) 
 hotels were working over fifty-four (54) hours a week regularly; 
 in four (4) of these they worked sixty (60) hours and in one (1) 
 fifty-nine (59) hours. Six (6) admitted having occasional over- 
 time work and eight (8) laundries were running regularly on 
 Sunday. The employees who worked on Sunday had no day of 
 rest during the week. 
 
 Machinery,— Ten (10) hotel laundries had some machine or 
 part of some machine unguarded. In four (4) of them the ex- 
 tractors were without covers, a particularly dangerous condition 
 and one liable to result in injury to the worker. 
 
 Wages.— The salaries range from sixteen dollars ($16) per 
 month without board or room to forty-five dollars ($45) per 
 month with board and room. Four (4) hotels give rooms and 
 board to some of the employees; six (6) hotels give board alone; 
 two (2) give lunches only, and four (4) give neither board nor 
 room. 
 
 In one of the largest and best of the New York City hotels, 
 where board and room were given, seven women were found living 
 together in one small room. 
 
 It is evident that the managers of hot«l laundries Uce an ex- 
 traordinary difficult task in planning for the working hours of 
 their employees. Catering for the most part to their transient 
 guests, they must be prepared to do a large order in a few hours. 
 In many of the hotel laundries, employees are subject to call, at 
 night or at other times when oif duty, if a rush order comes in. 
 
 I 
 
 Hotel Laundbies 
 
 923 
 
 The hotel owners and managers have always felt that their 
 laundries should be exempt from the Labor Law because they re- 
 gard their hotels as private and no more to be regulated than 
 boarding houses. 
 
 The distinction between these is clearly brought out in a brief 
 submitted in the case of the People of the State of Illinois versus 
 Eldering, which states that the distinction between a hotel and a 
 boarding house is that into the former all travellers can go, but a 
 keeper of a boarding house has a right to select her o\^ti guests. 
 This distinction exists in the common law and has been fre- 
 quently recognized by legislation. 
 
 Recommeridations.— Hotel laundries, therefore, should come 
 under the Labor Law because 
 
 (1) They are quasi-public places. 
 
 Bowlin V. Lyon, 67 la. 536 (538). 
 "When an innkeeper obtains his license, he takes upon 
 himself a public employment, and he is bound to serve the 
 public. The employment is for the benefit of the public and 
 not for his own private gain. He is obliged to keep his 
 house open Sundays as well as other days. He cannot re- 
 fuse to receive and furnish with food and liquor (unless 
 liquor is excluded by his license) all persons who are willing 
 to pay a price adequate to the sort of accommodation pro- 
 vided ; and who come in a situation in which they are fit to 
 be received and demean themselves with proper deconim. 
 If he refuse, without reasonable excuse, or if he furnish un- 
 wholesome food or liquors an action lies against him." 
 
 (2) Existing conditions justify some regulation. 
 
 It has been brought out in the study that employees of 
 laundries are subject to long hours of labor, including over- 
 time, fire hazards and dangerous machinery. 
 
 (3) All other laundries are under the supervision of the De- 
 partment of Labor. 
 
 Employees in hotel laundries are required to answer to 
 the same spur and pressure of the increasing demand of the 
 public, whom these employees ^^ire. required to serve, as in 
 other laundries. - .:::...*!• 
 
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 Appendix III 
 
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 Appendix III 
 
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COLUMBIA UNIVERSITY LIBRARY 
 
 This book is due on the date indicated below, or at the 
 expiration of a definite period after the date of borrowing, 
 as provided by the rules of the Library or by special ar- 
 rangement with the Librarian in charge. 
 
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 *^?mffl?lllV.KPS'T^ LIBRARIES 
 
 0044263090 
 
 NEH 
 
 mt 
 
 OCT 1 1940 
 
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 J'"St. F W ■^ 
 
 ] 
 
 School of Busioess Library 
 Columbia Univereity 
 
 JUL 2 5 1940 
 
STATE OF NEW YORK 
 
 FOURTH REPORT 
 
 OF THE 
 
 Factory Investigating Commission 
 
 191 5 
 
 VOLUME II 
 
 APPENDIX IV 
 REPORT OF WAGE INVESTIGATION 
 
 TRANSMITTED TO THE LEGISLATURE FEBRUARY 15. 1915 
 
 
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 J. B. LYON COMPANY. PRINTERS 
 
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 C3 
 
 State of New York 
 
 No. 43 
 
 IN SENATE 
 
 February 15, 1915 
 
 FOURTH REPORT 
 
 OF THE 
 
 New York State Factory Investigating Commission 
 
 February 15, 1915 
 
 ABRAM I. ELKUS 
 
 Chief Counsel 
 
 BERNARD L SHIENTAG 
 
 Assistant Counsel 
 
 ROBERT F. WAGNER 
 
 Chairman 
 
 ALFRED E. SMTH 
 
 Vice-Chairman 
 
 CHARLES M. HAMILTON 
 EDWARD D. JACKSON 
 CYRUS W. PHILUPS 
 SIMON BRENTANO 
 MARY E. DREIER 
 SAMUEL GOMPERS 
 LAURENCE M. D. McGUIRE 
 
 FRANK A. TIERNEY 
 
 Secretary 
 
 HOWARD B. WOOL5TON 
 
 Director of Wage Investigation 
 
 ALBERT H. N. BARON 
 
 Assistant Director 
 
 « • 
 

 CONTENTS 
 
 PAGE 
 
 I. Scope and Character of the General Wage Investigation 1-50 
 
 Forms used 5 
 
 Special investigations conducted 15 
 
 Employees 22 
 
 Summary of expenses 23 
 
 Progress of investigation 25 
 
 Summary of office tabulation 28 
 
 Schedule of tables 29 
 
 II. Mercantile Establishments 51-174 
 
 1. Wages in Retail Stores 51-120 
 
 Collection of data 51 
 
 Distribution of stores 51 
 
 Functional divisions 62 
 
 Personnel 53 
 
 Sex 53 
 
 Age 54 
 
 Nativity 58 
 
 Conjugal condition 60 
 
 Occupations 61 
 
 Rates 63 
 
 Actual earnings 76 
 
 Commissions, premiums and bonuses 84 
 
 Deductions 85 
 
 Days worked 86 
 
 Hours 87 
 
 Extra help 89 
 
 Seasonal fluctuations go 
 
 Shift 92 
 
 Time lost 95 
 
 Annual earnings 95 
 
 Experience iqI 
 
 Earnings and experience 104 
 
 Changes in wages 113 
 
 Wages and sales hq 
 
 Earnings and marriage 117 
 
 Earnings and nativity 117 
 
 Status of the business ng 
 
 2. Organization and Working Conditions in Retail Stores 121-167 
 
 Neighborhood stores 122 
 
 Five and ten cent stores 123 
 
VI 
 
 Contents 
 
 PAGE 
 
 IL Mercantile Establishments — Continued: 
 
 2. Organization and Working Conditions in Retail Stores — Cont d ; 
 
 The urban department store. ^^^ 
 
 126 
 Management 
 
 Conditions of employment 1^8 
 
 Fluctuation of employees ^^^ 
 
 Qualifications of employees 1^5 
 
 Physical requirements ^^^ 
 
 Personal appearance ^^ 
 
 Manners ^^^ 
 
 Educational qualifications 137 
 
 1- i. ... 139 
 Age limits 
 
 Moral qualifications ^^^ 
 
 Division of labor ^^^ 
 
 Wages Y^ 
 
 Non-selling employees **»* 
 
 Selling employees ^^^ 
 
 Additions to wages 1^4 
 
 Deductions ^^^ 
 
 ^ . . 156 
 
 Promotion 
 
 ^. . ,. 160 
 
 Discipline 
 
 Working conditions 
 
 Hours ^^^ 
 
 1 ft** 
 Overtime 
 
 Welfare work ^^^ 
 
 3. Mutual Aid Associations in New York City Stores 167-174 
 
 in. The Shirt Industry ^^^^11 
 
 Extent and character of the business 175 
 
 Personnel of workers 1* ' 
 
 179 
 Occupations 
 
 Piece rates J°^ 
 
 Week rates ^f^ 
 
 Actual weekly earnings *^ 
 
 Wage and age 1^ 
 
 Experience 
 
 208 
 Days worked * 
 
 HoL 2»» 
 
 Fluctuation of employment 211 
 
 Shift ^J* 
 
 Annual earnings 
 
 217 
 Home work 
 
 Wages and conjugal condition 223 
 
 Earnings and nativity 224 
 
 Prison-made shirts 225 
 
 Labor cost "O 
 
 IV. The Paper Box Industry 231-300 
 
 1. Wages in the Paper Box Industry 231-270 
 
 Character of shops 231 
 
 Personnel of workers 231 
 
 Contents 
 
 vu 
 
 PAGE 
 
 IV. The Paper Box Industry — Continued: 
 
 1. Wages in the Paper Box Industry — Continued: 
 
 Occupations 233 
 
 Paper box making 234 
 
 Rates of wages 237 
 
 Actual earnings 245 
 
 Days worked 248 
 
 Hours 248 
 
 Seasonal fluctuations 250 
 
 Shifting 253 
 
 Time lost 256 
 
 Annual earnings 257 
 
 Experience 262 
 
 Home work 266 
 
 Wages and marriage 267 
 
 Status of the trade 268 
 
 2. Report on Accidents in the Paper Box Industry — Marie S. 
 
 Orenstein 271-300 
 
 V. The Confectionery Industry 301-338 
 
 Extent of industry 301 
 
 Definition of terms 303 
 
 Personnel 304 
 
 Occupations 307 
 
 Rates of wages 310 
 
 Actual earnings 315 
 
 Days worked 319 
 
 Hours 319 
 
 Seasonal fluctuations 321 
 
 Shifting 324 
 
 Annual earnings 326 
 
 Experience 331 
 
 Advance in wages 335 
 
 Wages and marriage 335 
 
 Earnings and nativity 337 
 
 Status of the trade 337 
 
 VI. The Button Industry — Roswell Skeel, Jr 339-359 
 
 Scope of investigation 339 
 
 Covered buttons 339 
 
 Development of the industry .• 340 
 
 Celluloid buttons ; 341 
 
 Process of manufacture 341 
 
 Development of the industry 342 
 
 Personnel 343 
 
 Occupations 344 
 
 Rates of wages 343 
 
 Conclusion 357 
 
 VII. Wages in the Millinery Trade — Mary Van Kleeck 361-469 
 
 Introduction 351 
 
 The millinery trade in New York 353 
 
1 
 
 viii Contents 
 
 PAQB 
 
 VII. Wages in the Millinery Trade — Mary Van Kleeck — Continued: 
 
 Scope of investigation 3d5 
 
 Methods of investigation 367 
 
 Processes of work 374 
 
 Wage Rates 381 
 
 Length of employment in any one establishment in the calendar 
 
 year 400 
 
 Weekly earnings while on payroll 402 
 
 Ages of milliners 417 
 
 Years in trade 418 
 
 Conjugal condition 421 
 
 Nativity 421 
 
 Conditions of work 424 
 
 Methods of hiring workers and determining wages 428 
 
 Summary 430 
 
 Appendix A. — Supplementary statistics, New York millinery 
 
 shops 435-448 
 
 Appendix B. — Tables showing wages in millinery workrooms in 
 
 New York city department stores 449-459 
 
 Appendix C. — Tables showing wages in millinery workrooms in 
 
 department stores in New York State, exclud- 
 ing New York city 460-467 
 
 Appendix D. — Wages determination of the Milliners' Board of 
 
 Victoria, Australia 468 
 
 VIII. Wages Paid by the New York Telephone Company 471 
 
 IX. Wages of Employees of Certain Public Utilities 482 
 
 X. The Relation of Irregular £mplo3rment to the Living Wage for 
 
 Women — Irene Osgood Andrews 497-635 
 
 Table of contents 601 
 
 Introductory summary 606 
 
 Statement of the problem 606 
 
 The economic helplessness of women 607 
 
 Kinds of irregular work 609 
 
 Annual incomes 611 
 
 Dovetailing 616 
 
 The labor force 619 
 
 Statistical analysis of industries employing large numbers of 
 
 women in which employment is irregular 627-629 
 
 Paper box 627 
 
 Confectionery 646 
 
 Clothing 670 
 
 Shirt-making 686 
 
 Miscellaneous needle trades 590 
 
 Bookbinding 599 
 
 Salesgirls 606 
 
 Laimdries 614 
 
 Canning and preserving 622 
 
 Miscellaneous industries 624 
 
 Analysis of minimum wage awards issued to January 1, 1916. . 630 
 Proposed measure to insure a steady income 633 
 
 I. SCOPE AND CHARACTER OF THE 
 
 INVESTIGATION 
 
 The horrible lose of life in tiie Triangle fire, four years ago 
 roused the people of New York State to demand protection for 
 the workers. The Factory Commission was then appointed to 
 study and recommend measures for safety. It was soon found that 
 other dangers besides the fire hazard menace the life and limbs 
 of employees — unguarded machines that mangle fingers just 
 a trifle slow, dust and poisonous vapors that clog the lungs and 
 dim the eyes. For these, too, saf^ards were prescribed. 
 
 But not all working people are killed outright by violence or 
 industrial diseases. Perhaps most of them are worn out by long 
 hours of toil with insufficient rest. This is especially true of 
 women and children. UntU recently, the United States was the 
 only cmhzed country that permitted women to work at night 
 i he Factory Commission stopped that here, and further limited 
 the hours of labor for children. It also insisted that wherever 
 possible, one day's rest in seven should be allowed to every person. 
 Yet, what is the use of demanding safe and sanitary factories 
 If the men who work in them cannot earn enough to support their 
 families in health and comfort? It seems rather futile to protect 
 a girl from the evil effects of fatigue and overtime, if her wages 
 for the hours prescribed will not enable her to live decently and 
 have proper clothing. So the Commission was continued for the 
 purpose of inquiring into the wages of labor throughout the State 
 and mto the advisability of fixing minimum rates by kw. In 
 order to conduct this investigation, power was granted to sub- 
 
 n: i^uT "^ ^"'" "" '^' '''' ''''-' ^^^-^^ 
 
 In the summer of 1913 a Director and an Assistant were aiv 
 pointed, and detailed arrangement* for the work were begun the 
 middle of August Four weeks were then spent in outlining 
 pkns. The methods and results of recent wage investigations 
 were studied, and a preliminary survey was made of conditions 
 in four low paid tradea 
 
 [1] 
 
i 
 
 2 Appendix IV — Wage Investigation 
 
 The first point to define was the scope of the investigation. 
 It seemed essential to discover the following facts: 
 
 First: What wages are actually paid in typical indus- 
 tries throughout the State? 
 
 Second : Are these wages sufficient to maintain employees 
 in simple decency and working efficiency ? 
 
 Third : Are the industries ahle to increase wages on the 
 basis of the earning capacity of labor? 
 
 In order to investigate these matters with the limited time and 
 resources at the command of the Commission, the next step was 
 to select typical low paid industries. For it was obviously im- 
 possible to attempt an adequate wage census of all occupations in 
 
 the State. 
 
 The most recent source of comprehensive information on wages 
 is Bulletin 93 of the Federal Census of Manufactures, on typical 
 weekly earnings in 1904. The returns for New York are sum- 
 marized in Bulletin 37 of the State Department of Labor for 
 June, 1908. The essential figures are given herewith : 
 
 
 Average weekly earnings 
 
 
 All 
 
 wage 
 
 earners 
 
 Men 
 
 over 
 
 16 years 
 
 Women 
 
 over 
 16 years 
 
 Children 
 
 under 
 
 16 years 
 
 All industries .... 
 
 $10.40 
 
 111. 79 
 
 S6.54 
 
 13.64 
 
 Cannins 
 
 6.35 
 7.12 
 7.29 
 7.32 
 7.68 
 7.70 
 
 8.59 
 10.73 
 10.08 
 10.13 
 12.36 
 
 9.06 
 
 4.71 
 5.09 
 6.29 
 6.65 
 5 68 
 7.12 
 
 3.32 
 
 Confectionery .... 
 Shirts 
 
 3.35 
 4.00 
 
 Paper boxes 
 
 Silk 
 
 2.71 
 3.49 
 
 Knit goods 
 
 4 15 
 
 The data show that the average earnings of all workers engaged 
 in these six industries were considerably below the general level 
 for the State. Canning appeared lowest, but the Commission 
 had investigated this business in the summer of 1912, and pre- 
 sented its findings in its second report. In the fall of 1913, the 
 State Department of Labor contemplated an examination of the 
 knit goods industry in the Mohawk Valley, and the Federal De- 
 partment of Labor had already studied the silk industry in its 
 work on Women and Child Wage Earners. The manufacture of 
 confectionery, shirts and paper boxes, therefore, seemed to be the 
 most obvious low paid industries to consider. 
 
 Scope of Investigation 3 
 
 The Commission had already determined to investigate wages 
 in department stores, as a result of its preliminary study of these 
 establishments in the winter of 1912. The large numbers of 
 women and young persons employed, and the discussion as to 
 their actual earnings aroused by the Civic Federation Keport of 
 July 15, 1913, stimulated the demand for an authoritative state- 
 ment on existing conditions. Wage commissions elsewhere had 
 found retail stores a fruitful field of inquiry, and New York City 
 merchants invited examination. 
 
 In lines where women and children are numerous, labor is 
 generally unorganized and wages are usually low. But females 
 and young persons are particularly susceptible to evil consequences 
 arising from privation and bad working conditions. So the pro- 
 portion of such employees in different lines of business is signifi- 
 cant The Commission's preliminary investigation of retail stores 
 throughout the State showed that two-thirds of the employees in 
 mercantile establishments are women and children.^ The Indus- 
 trial Directory of New York for 1912 presented figures indicating 
 that they constituted from one-half to three-fourths of the shop 
 hands in the manufacturing lines selected.^ Accordingly these 
 businesses were considered also because they include a dispropor- 
 tionately large number of minor and female workers.' 
 
 PROPORTIQN OF WOMEN AND CHILDREN IN BUSINESS. 
 
 a 
 
 All occupations 
 
 (Federal census, 1910) 
 
 1 
 
 Mercantile establwhments 
 2 
 
 Shirt and collar factories. . 
 2 
 
 Paper box factories 
 
 2 
 
 Confectionery factories 
 
 Number of 
 employees 
 
 WOMEN 
 
 CHILDREN 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cer t 
 
 4,000,000 
 
 958.000 
 
 24% 
 
 65.000 
 
 1.6% 
 
 61.717 
 
 38.385 
 
 62% 
 
 3,746 
 
 6 % 
 
 30,786 
 
 22.076 
 
 74% 
 
 440 
 
 1 % 
 
 15,277 
 
 9,159 
 
 60% 
 
 649 
 
 4 % 
 
 11.617 
 
 6.755 
 
 60% 
 
 342 
 
 3 % 
 
 Although these lines include a comparatively small part of all 
 the workers in the State, they are fairly representative, in that 
 the establishments are well distributed among the cities. Mor^ 
 over, many of the industries that comprise larger numbers of 
 
4 Appendix IV — Wage Investigation 
 
 workers are either highly organized and well paid or widely 
 scattered in many small shops. The latter circumstance made 
 thorough investigation within a short time practically imposgiblo. 
 The clothing trades, the most important manufacturing lines in 
 the State, were being investigated by both public and private 
 agencies in the fall of 1913. So it seemed to us better to select 
 a few typical industries for careful study, rather than to present 
 scattering data for many lines. The distribution of factory em- 
 ployees throughout the State, according to the Industrial Directory 
 for 1912, and the number of mercantile establishments in import- 
 ant cities according to Boyd's Dispatch for February, 1913, gave 
 us the following clues as to the extent of field work necessary : 
 
 IlfPOSTANT CkRTKRS 
 
 comvcnoNBRT 
 
 PAPSB-BOXB8 
 
 mxn's 
 
 LINSM 
 
 DBPAJIT- 
 
 MBNT 
 BTOREB 
 
 Estab- 
 lish 
 ments 
 
 Hands 
 
 Estab- 
 lish 
 ments 
 
 Hands 
 
 Estab- 
 lish 
 ments 
 
 Hands 
 
 Estab- 
 
 tish 
 ments 
 
 New York city 
 
 758 
 
 32 
 
 18 
 
 7 
 
 25 
 
 10 
 
 6 
 
 6 
 
 8 
 
 9.376 
 
 473 
 
 574 
 
 218 
 
 213 
 
 24 
 
 14 
 
 55 
 
 111 
 
 251 
 
 257 
 17 
 21 
 5 
 3 
 5 
 1 
 4 
 2 
 2 
 
 10.083 
 
 2.133 
 
 1.024 
 
 193 
 
 129 
 
 247 
 
 52 
 
 157 
 
 143 
 
 55 
 
 232 
 9 
 5 
 
 4 
 
 7 
 
 32 
 
 1 
 
 1 
 7 
 4 
 3 
 
 10.200 
 
 200 
 
 17 
 
 S3 
 
 1.191 
 
 13.068 
 
 7 
 
 19 
 
 1.171 
 
 725 
 
 433 
 
 118 
 
 Buffalo 
 
 21 
 
 Rochester 
 
 ft 
 
 Hyracuse 
 
 10 
 
 Albany 
 
 2 
 
 Troy 
 
 3 
 
 SohniMintady 
 
 5 
 
 Utica 
 
 7 
 
 TJinirhamton r r - - - - 
 
 8 
 
 Glens Falls 
 
 3 
 
 Kinmton 
 
 
 2 
 
 Middietown 
 
 4 
 
 1 
 
 
 
 Total 
 
 874 
 
 11.309 
 
 317 
 
 14,216 
 
 305 
 
 27.083 
 
 185 
 
 
 
 Entire state 
 
 1 1.001 
 
 12.170 
 
 380 
 
 15.822 
 
 370 
 
 31.486 
 
 338 
 
 It appeared to us from this summary that we could obtain 
 data for a very large percent of all persons employed in these 
 lines by getting returns from the large establishments in ten in- 
 dustrial centers through the State. 
 
 The next point was to outline methods of obtaining the necesr 
 sary information. Three principal sources seemed available 
 
 First, the payrolls, time sheets and other records of the firms, 
 so far as they deal with wages, hours of labor and output or 
 sales. These furnish the most authentic data, and so far as 
 possible, quantitative statements should be based on such original 
 entries. 
 
 i 
 
 Scope ob* Investigation 5 
 
 Second, the statements of employers or their responsible 
 managers concerning general conditions, requirements and 
 tendencies in the trade. Regarding matters of business policy, 
 attitude toward employees, regulation, etc., such statements may 
 be regarded as authoritative. 
 
 Third, the statement of employees as to their age, trade ex- 
 perience and domestic responsibilities. This personal testimony 
 furnishes a means for discovering prevalence of overtime, slack 
 work, fines, premiums and other alterations of wages, not easily 
 obtainable from the employer or his books. Regarding the per- 
 sonal resources, expenditures and obligations of working people, 
 their own testimony is, of course, essential. 
 
 FoEMs Used 
 
 Having determined upon these sources of information, we 
 then b^an to work out schedule forms for entering the data 
 obtained. For this purpose, the Assistant Director obtained the 
 forms used in similar investigations throughout the country, and 
 sought the advice of the Federal statistical authorities at Wash- 
 ington. 
 
 Ten regular card forms and several supplementary blanks 
 were drafted. The following cuts, with brief explanation will 
 make plain the manner in which data were scheduled. 
 
 NEW YORK STATE FACTORY COMMISSION 
 
 POWM I A. 
 
 
 EMPLOYEE'S 
 NO. 
 
 
 DEPT. 
 
 \ 
 
 NAME 
 
 MAL» OR FEMALE 9 
 
 AOOMttt 
 
 
 CITY OR BOROUOH 
 
 
 
 ARE YOU SINQLE, MARRIED. 
 WIDOWED OR OIYORCCO T 
 
 COUNTRY 
 OF BIRTH 
 
 
 AGE YEARS 
 
 HOW LONO HAVE YOU SEEN WORKINQ FOR WAQES T 
 
 YEARS 
 
 HOW LONQ HAVE YOU BEEN IN THIS TRADE OR BUSINESS t 
 
 KCW LONQ HAVE YOU BEEN WORKINQ FOR THIS FIRM T 
 
 WHAT IS YOUR 
 REQULAR WORK HERB T 
 
 DO YOU 
 PAY BOARD t 
 
 DO YOU LIVE WITH PARENTS 7. 
 
 WITH OTHER RELATIVES T 
 
 WITH STRANGERS t 
 
 DO YOU LIVE IN FURNISHED ROOM t 
 
 PRIVATE HOUSET APARTMENT 7. 
 
 BOARDING HOUSE t HOTEL t 
 

 |i 
 
 6 Appendix IV — Wage Investigation 
 
 Form 1 contains the personal information desired of all em- 
 ployees at the time an establishment was scheduled. The cards 
 were, as a rule, distributed and collected with the aid of the 
 firms. In a number of instances — particularly in factories em- 
 ploying many foreigners — the Commission's agents were obliged 
 to interview employees at their work in order to obtain the re- 
 plies. 
 
 In the course of the investigation the wording of some queries 
 was slightly modified. Thus, " How long have you been work- 
 ing for wages?" was found to assure better returns than the 
 original question which read, " How old were you when you be- 
 gan to work for wages ? " The original queries at the bottom of 
 the card were, " Do you Board ? " and " Do you live at home ? " 
 These questions were changed in order that domicile and re- 
 lationship might be indicated more specifically. 
 
 ■•TABLI9HMENT 
 
 1 
 ■MPLOYKK't Na 
 
 DEPARTMEN1 
 
 N. Y. 9. F. 1. c. FORM 2 A \ 
 
 OAYt \ 
 
 ENDINO .„ 
 
 NAMB 
 
 
 MALE 
 
 FEMALE AQB 
 
 ADDRESS 
 
 
 BOROUGH 
 
 
 CONJUGAL CONDITION 
 
 OCCUPATION 
 
 8 
 
 MlW 1 D INII 
 
 1 
 
 
 RATE 
 OF 
 PAY 
 
 PIECE 
 
 HOUR 
 90. 
 
 DAY 
 
 9 
 
 WEEK 
 9 
 
 H MONTH 
 
 9 
 
 MONTH 
 
 9 
 
 ADDITIONS 
 
 9 
 
 DAYS 
 
 REOUUAR 
 
 WEEKLY 
 
 HOURS 
 
 HOURS 
 
 WORKED 
 
 THIS PERIOD 
 
 OVERTIME 
 HOURS 
 
 UNDERTIME 
 HOURS 
 
 EARNINGS 1 
 
 OeDUCTK>NP 
 
 WORKED 
 
 THIS i^nioo 
 
 9 
 
 COM PUT Ko won 
 
 nSOULAM TIMS 
 
 • 
 
 • 
 
 COUNTRY 
 OF BIRTH 
 
 TIME 
 
 AT WORK 
 
 
 IN THIS 
 TRADE 
 
 THIS 
 FIRM 
 
 PAY 
 
 YE9 NO 
 
 N R 
 
 LIVE 
 
 NR 
 
 ""o nan *"™ n n n n 
 
 LIVE 
 
 IN 
 
 F P A B H N R 
 
 D D n D DD 
 
 Form 2 contains all the personal information transcribed from 
 Form 1*, and in addition wage data from the firms' original 
 records. This is the form from which both wage and personal 
 tabulations were made. 
 
 ♦The abbreviations under " Conjugal Condition " signify: single, marrie 1, widowed, divorced, 
 not reported. Similarly, the abbreviations at the bottom of the card refer to the questioua regardiog 
 domicile asked on Form 1 A. 
 
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8 
 
 Appendix IV — Wage Investigation 
 
 A representative paTroll week was selected, wherever possible. 
 The prime facts sought in regard to wages were, (a) the basis 
 and rate of payment; (b) the regular working hours and the 
 hours work^ during the selected interval; (o) the amount 
 actually received as wages. In the case of piece workers, be- 
 cause of the multiplicity of rates, only the fact that they worked 
 at piece rates could be indicated. The actual working time of 
 piece workers is practically nowhere obtainable. All additional 
 pa\Tnents as well as deductions, other than those for overtime and 
 undertime, were separately indicated. 
 
 Form 3 is designed to give conspectus of employment and 
 wages in the various occupations. Opposite each occupation, 
 check marks indicate whether it is machine or hand work, and 
 whether those engaged in it are males or females in the a^e 
 groups below 16 or 16 and over. Under " Rate of pay," piece 
 work is indicated by a check mark; for week workers the varia- 
 tion of rates is shown. For piece workers, there is also shown 
 the employer's statement of the amount that a good but not ex- 
 ceptional worker might fairly be expected to earn in a regular 
 working week, as well as typical piece rates paid for standard 
 operations. The remaining headings aim to bring out the dif- 
 ference in pay to beginners and to experienced persons, and the 
 kinds of additions and deductions affecting regular earnings. 
 
 Form 4 provides information in detail regarding working hours. 
 
 Form 5 was used for recording the earnings of individuals, 
 week by week. Annual records were available in only a 
 relatively small number of establishments. The method fol- 
 lowed had to be modified according to the form and condition of 
 the records. In general, this form was used for all employees, 
 regardless of how long they had been with the firm, provided 
 they were on the payroll for four weeks or more preceding the 
 time of agent's visit In a few instances the record was taken 
 for steady workers only; in others, if the payroll was practi- 
 cable for the purpose, the records of all employees during the 
 twelve-month period was taken, giving a complete picture of em- 
 ployment for the period. 
 
 Scope of Investigation 
 
 
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 Appendix IV — Wage Investigation 
 
 00 
 
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12 
 
 Appendix IV — Wage Investigation 
 
 Form 6 presents a summary of wages and number of em- 
 ployees week by week, for a period of one year. The twelve- 
 month period was the same for all establishments in one indus- 
 try, but diifered somewhat for the several lines investigated. 
 Executive employees were not included in totals either of the 
 number of employees or of wages paid. 
 
 CsTASI.ISNHfMT 
 
 
 DCP'T 
 
 Rif.5.^x.C'r»M>« 7. 
 
 'RCO'UL Afl1T3f ANO 3) U H AT ION 
 
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 0&.e u PAT I o 
 
 
 
 Last 
 
 DatC 
 
 J^orm 7 serves as a briefer record of the same sort as 6, It 
 was found useful especially in establishments having a great 
 amount of shifting of personnel, in places where no record of 
 working time was available, and in otlier cases in which the use 
 of Form 5 was impracticable. The small squares represent 
 weeks. The usual method was to put a check mark in each of 
 the squares corresponding to the weeks in which the individual 
 was employed. But the squares are also adapted for noting 
 amounts earned or the time worked. The items at the bottom 
 of the card give essential wage data. 
 
 Form 8 was filled by agents following an interview with the 
 worker, either in the place of emplo^Tuent during working hours 
 or at home. It gives the individual " trade history," and in so far 
 as it refers to present employment serves also to check information 
 derived from other sources. The individuals interviewed were 
 selected as far as possible to represent fairly the various branches 
 of industry, as well as age periods and wage groups. 
 
 \ 
 
 JScoPE OF JLnvesiigation 
 
 No. 
 
 13 
 
 N. Y. b. F. I. U. Form 6 
 
 Datb 
 
 Aqjcnt 
 
 .M 
 
 Addbsss 
 
 INDUBIBT 
 
 Occupation 
 
 FiBM 
 
 YSABS AT WOBJK 
 
 This Tbadk 
 
 Pbssent Firm 
 
 ^DiFnRBNT Tbadjbs £moao£0 in and Timk in £ach 
 
 Keasons roR Chanoss 
 
 DiiT»EENT Links of Wobk in Pbesbnt Trade 
 
 Reasons for Changes 
 
 Methods or Advancement 
 
 Union Member 
 
 Trade Tendencies 
 
 Earnings per Week, Beginning U. S. 
 
 Present 
 
 Usual 
 
 Dull 
 
 Rush 
 
 Average Weekly Output (piece) 
 
 Additional to Wages: Kind 
 
 Amounts 
 
 Assessments: Kind 
 
 Amounts 
 
 Deductions: Kind 
 
 Amounts 
 
 Outside Work 
 
 W'klt Earnings 
 
 Total Earnings Per Year 
 
 REGULAR HOURS 
 
 Datb 
 
 Ordinary 
 
 Short 
 
 Long 
 
 Begin 
 
 Lunch 
 
 Stop 
 
 Hrs. per Day 
 
 Hrs. per Wk. 
 
 Rush Season: When 
 
 Hours per Week 
 
 Slack Season: When 
 
 Hours per Week 
 
 Overtime: Amount per Day 
 
 Per Week 
 
 Rate op Pay 
 
 Night Work: Am't per Day 
 
 Per Week 
 
 Rate of Pat 
 
 Sundays: 
 
 Worked Past Year 
 
 Holidays: 
 Off Past Year 
 
 Vacations: When 
 
 How Long 
 
 Rate of Pay 
 
 Out of Work 
 
 Days Past Year 
 
 Shutdown: Days Past Year 
 
 Other 
 
 Reasons: 
 
I 
 
 Scope of Investigation 
 
 15 
 
 14 
 
 Appendix IV — Wage Investigation 
 
 tip 
 
 No. 
 
 N. y.d.F. I.e. Form 9. 
 
 Date 
 
 Agent 
 
 
 
 
 Nam£ 
 
 Address 
 
 
 
 
 Industry 
 
 Occupation 
 
 Firm 
 
 
 
 Sex Aoe 
 
 Birthplace 
 
 Yrs. 
 
 inU. 
 
 8. 
 
 Father's Nationauty 
 
 Conjugal Condition 
 
 
 
 Schools Attended: Kind 
 
 Where 
 
 
 Grade 
 
 
 Aoe Lea vino Reasons Leaving 
 
 Trade Training 
 
 Wholly Self-supporting 
 
 Supporting 
 
 Others 
 
 
 
 Aid When Unemployed 
 
 Live at Houe 
 
 CoVTRiBUTlON TO FaMILY 
 
 
 
 
 Other Members op Family 
 
 RELATION 
 
 AOE 
 
 1 
 
 
 2 
 
 
 3 
 
 
 WORK 
 
 5. 
 
 6. 
 
 7_ 
 8. 
 
 weekly 
 earnings 
 
 AMOUNTS CONTRIB- 
 UTED TO FAMILY 
 
 9- 
 
 \ 
 
 Weekly Expenses: 
 
 Board: Place 
 
 Cost per Week 
 
 Furnished Room: Cost 
 
 Carfare 
 
 Lunches 
 
 Laundry 
 
 Spending Money 
 
 Clothes per Year 
 
 Dues per Month 
 
 o 
 
 i 
 
 1 
 
 
 
 
 I 
 
 u 
 
 m 
 
 
 
 >- 
 
 Savings : 
 
 Form 9 is a personal schedule, complementary to Form 8, and 
 contains information obtained from personal interviews regarding 
 the financial, family and other relationship of employees. 
 
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 Appendix IV — Wage Investigation 
 
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 Scope of Investigation 
 
 17 
 
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18 
 
 Appendix IV — Wage Investigation 
 
 Form 10, This schedule is the result of conferences and sug- 
 gestions of leading social workers. It was designed for wide but 
 judicious distribution by schools, social settlements, church so- 
 cieties, Y. M. C. A., Y. W. C. A., Consumers' League branches, 
 and other welfare organizations. It was hoped that a collection 
 of such schedules from different industries and localities would 
 throw much light not only on the specific problem of wages but 
 even more on standards of living, education, and related sub- 
 jects. Thousands of schedules were distributed. The results, 
 however, have been disappointing both as regards the number of 
 returns and the completeness with which the questions are 
 answered. No use, therefore, was made of the returns. 
 
 Form 11. This card was prepared for the transcription of data 
 from the records of relief-giving agencies, in order to ascertain 
 the relation of wages to dependency. Over 2,000 cases were thus 
 recorded through the co-operation of the Charity Organization 
 Society, the Association for Improving the Condition of the Poor 
 and the United Hebrew Charities, in Manhattan, and the Brook- 
 lyn Bureau of Charities. 
 
 On September 26, 1913, a meeting of the Advisory Committee 
 was called to consider the plans proposed, and to suggest the best 
 methods of accomplishment This committee consisted of expert 
 investigators, statisticians, economists, social workers and practi- 
 cal business men. Members were subsequently requested by letter 
 and interview to criticise the outline and forms submitted. The 
 prevailing opinion was that two or three trades should be studied 
 thoroughly throughout the State ; that all employees in the estab- 
 lishments, both men and women, should be included; and that 
 some examination of the personal circumstances of wage earners 
 should be made. Several persons urged the study of low paid 
 lines in which men only are engaged, but this did not meet with 
 general approval. 
 
 Some of the lines of investigation that open out from the ques- 
 tion of wages, were important enough to develop as special studies 
 under responsible directors. Thus the matter of what other states 
 
 Scope of Investigation 
 
 19 
 
 are doing in minimum wage legislation was broadened into a 
 separate study by Irene Osgood Andrews, Assistant Secretary ol 
 the American Association for Labor Legislation, and appeared as 
 an appendix to the preliminary report In like manner the study 
 of fire hazards in the stores was dealt with by Miss Frances Per- 
 kins, of the Committee on Safety. 
 
 The very important problem of the cost and standard of liv- 
 ing for working people is necessarily involved in any thorough 
 discussion of wages. The adequacy of earnings could not be de- 
 termined unless the actual things purchased and the conditions 
 secured by the money received, were known. So, although our 
 collection of data included interviews with employees concerning 
 their home conditions, we soon realized that the proper treat- 
 ment of these data required concentrated attention. For this 
 reason the Commission selected Professor Frank H. Streightoff, 
 who was already known as a writer on the standard of living, 
 to organize and present the material concerning this side of the 
 problem. 
 
 Another matter intimately connected with the earning capacity 
 of workers is their general education and special training for 
 the occupation they follow. Many persons assert that wages 
 depend primarily upon efficiency. If, therefore, wise vocational 
 guidance and adequate preparation for trade and industry were 
 available, we need have no wage problem. Only the slothful 
 and incompetent would fail to earn their living — so we are 
 told. 
 
 In view of this attitude, the Commission deemed it wise to 
 make a special investigation of the relation between education 
 and earnings. For this purpose they sought the aid of the 
 State Department of Education, and secured the co-operation of 
 President Finlev. Through his interest, Mr. L. A. Wilson was 
 given part time to conduct this study throughout the State. The 
 results form a section of the Commission's report. 
 
 Because of the importance of irregularity of employment in 
 connection with earnings, Mrs. Irene Osgood Andrews was asked 
 
20 
 
 Appe:^dix IV — Wage Investigation 
 
 Scope of Investigation 
 
 21 
 
 to make special study of this matter which appears as a separate 
 section of this report We should also mention the collateral 
 study of wages in the millinery trade conducted on lines similar 
 to those of our investigation, by Miss Mary Van Kleeck of the 
 Sage Foundation, and presented in another section of this re- 
 port In like manner, Mr. Roswell Skeel, Jr., personally ex- 
 amined conditions in the local button and umbrella industries. 
 These reports supplement and corroborate the wage findings of 
 the Commission. Mrs. Marie S. Orenstein has also presented 
 a special investigation of the connection between industrial ac- 
 cidents and wages. The account of the general organization and 
 methods of department stores was prepared by Mr. Baron, who 
 also supervised the drawing of tables and charts for the descrip- 
 tive summary of the different industries. Miss Sims prepared 
 the statistical appendix. 
 
 The organization of a staff of field agents and statistical 
 helpers for the wage investigation, was left to the Director, in 
 consultation with a sub-committee of the Commission, consist^ 
 ing of the Chairman, Vice-Chairman and Chief Counsel. It 
 was understood that only the experience and ability of candi- 
 dates in such work would be considered in their appointment 
 
 Before the work was b^un fifty-six persons applied by letter, 
 and sixteen others called directly. Forty-eight applicants were 
 interviewed personally before any nominations were made. In 
 selecting the entire staff, which at no time exceeded twenty-one 
 people, and which at various times included forty-one different 
 persons, the Director saw and investigated one hundred and thir- 
 teen individuals. 
 
 Some of these persons had already done good work with the 
 Commission; others had gained similar experience in labor in- 
 vestigations in other States or with the Federal government 
 The assistance of four inspectors was granted by the State Labor 
 Department, and an accountant was loaned for six weeks by the 
 Comptroller. A trained corps was about to be released by the 
 Wage Scale Board of the Dress and Shirtwaist Industries in 
 
 New York City. Social workers and students of economic 
 problems sought wider acquaintance in the industrial field. It 
 was from such material that we built up our staff of investi- 
 gators. 
 
 At first we threw sixteen agents into the field. But as the 
 material began to come in, it was found necessary to organize an 
 office force to edit, transcribe and tabulate the returns. Three 
 field agents were at first withdrawn for this purpose and three 
 low paid clerks were employed to perform the mechanical work 
 of copying and sorting. As the data accumulated, it was found 
 desirable to specialize the office force. So we obtained from 
 mercantile establishments and college laboratories a corps of file 
 clerks, tabulators and statisticians, varying in number from ten 
 to twelve. Some of these persons had practical experience as 
 bookkeepers, and others had been trained in the theory of statis- 
 tical methods. 
 
 We muBt not forget to mention the services of volunteer 
 helpers both in tho office and outside. Mr. Roswell Skeel, Jr., 
 an experienced home visitor, gave half his time for several 
 months, working as a regular field agent Students from the 
 School of Philanthropy assisted in gathering personal data; a 
 Columbia man clerked in one of the stores during the holiday 
 season to gain practical experience; and members of the statisti- 
 cal course at City College gave us part of their afternoons in 
 tabulating. Altogether eleven persons have contributed their 
 services for longer or shorter periods, merely from their interest 
 in the work or in order to study our methods. 
 
 Herewith is presented a list of all persons regularly employed 
 in this investigation, together with the titles of their positions 
 and the dates of incumbency. It is to the industry and devo- 
 tion of this group of persons that any credit for the extent and 
 thoroughness of this investigation is due. 
 
22 
 
 Appendix IV — Wage Investigation 
 
 II 
 
 EMPLOYEES 
 Admixistration 
 Howard B. Woolston Director of In- 
 
 Aiu . TT .^ « vestigation.Aug. 18, 1913 to Oct. 
 
 Albert H. N. Baron Ass't Di'tor of 
 
 Investiga- 
 
 _ ^ tion July 23, 1913 to Oct. 
 
 Dorothy Shientag Stenographer 
 
 and Book- 
 keeper Sept. 8, 1913 to Oct. 
 
 Office 
 
 Mary S. Sims Statistician .. Sept. 22, 1913 to Oct. 
 
 Mabel Coleman Statistician . . Dec. 22, 1913 to June 
 
 Edith Holman Statistician .. Dec. 22, 1913 to March 
 
 Helen Nutting Statistician . .May 4, 1914 to Oct. 
 
 •Katherine Tyng Statistician. .July 14, 1914 to Oct. 
 
 Ruth Collins Tabulator. . . . Oct. 1, 1913 to April 
 
 Theresa Lint Tabulator. . . .Nov. 3, 1913 to March 
 
 Stella Packard Tabulator. ... April 20, 1914 to July 
 
 Elsie Rollins Tabulator. . . . April 20, 1914 to Oct. 
 
 Joseph Vital dePorte Tabulator.. . .May 1, 1914 to Sept. 
 
 Morris Tabachnick Tabulator. ... April 1, 1914 to Aug. 
 
 Anna B. Salzman Tabulator July 14, 1914 to Aug 
 
 Cecelia Algeo Tabulator. . . . Aug. 3, 1914 to Aug! 
 
 Flora Coleman Tabulator.. . .April 16, 1914 to Oct. 
 
 •Rose Kass Office Helper. Oct. 6, 1913 to Sept. 
 
 *Helen Adams Office Helper. Nov. 3, 1913 to May 
 
 Augusta von Stein Office Helper. April 9, 1914 to Sept 
 
 Mae Benson File Clerk ... Oct. 6, 1913 to Feb. 
 
 Catharine Marx File Clerk... May 18, 1914 to Sept. 
 
 Edgar L. Kost Dr'ghtsman . . Sept. 18, 1914 to Oct. 
 
 Field 
 Samuel S. Hartzman Special Inves- 
 
 „ ., ^ , tigator Sept. 15, 19l3 to Feb. 
 
 Emil Frankel Special Inves- 
 
 „ . „ tigator .... ^^ept. 15, 1913 to Feb. 
 
 Mane Kasten Special Inves- 
 
 ,^,^ , „ ^ tigator.... Sept. 22, 1913 to Dec. 
 
 Ethel R. Evans Investigator.. Sept. 22, 1013 to July 
 
 •Gertrude E. Smith Investigator.. Sept. 22, 1913 to July 
 
 •Michael Gordin Investigator. Sept. 22, 1913 to July 
 
 •Robert J. Spencer Investigator.. Sept. 22, 1913 to July 
 
 •Esther Packard Investigator.. Sept. 22, 1913 to June 
 
 Mabel Mattingly Investigator. . Sept. 22, 1913 to Dec. 
 
 •Alice S. Cheyney Investigator.. Oct. 1, 1913 to Aug. 
 
 Ruth Collins Investigator.. April 24, 1914 to July 
 
 tRoswell Skeel, Jr Investigator.. Nov. 3, 1913 to Oct. 
 
 $H. M. Anderson Accountant . .Nov. 10, 1913 to Dec. 
 
 Detailed by Labor Department 
 
 Marie S. Orenstein Investifrator. . Oct. 4, 1913 to Oct. 
 
 George S. Cangialosi Investigator.. Sept. 25, 1913 to July 
 
 Joseph S. Altschul Investigator. . Sept. 25, 1913 to Feb. 
 
 Frank L. Fisher Investigator.. Jan. 12, 1913 to Feb. 
 
 * With interruptions. 
 
 t Volunteer Worker. 
 
 X Detailed by State Comptroller. 
 
 1, 
 
 1914 
 
 1, 
 
 1914 
 
 1, 
 
 1914 
 
 1. 
 
 1914 
 
 15, 
 
 1914 
 
 14, 
 
 1914 
 
 7. 
 
 1914 
 
 1, 
 
 1914 
 
 23. 
 
 1914 
 
 1, 
 
 1914 
 
 4, 
 
 1914 
 
 3, 
 
 1914 
 
 22, 
 
 1914 
 
 22, 
 
 1914 
 
 1. 
 
 1914 
 
 22, 
 
 1914 
 
 7, 
 
 1914 
 
 15, 
 
 1914 
 
 2, 
 
 1914 
 
 12, 
 
 1914 
 
 1. 
 
 1914 
 
 19. 
 
 1914 
 
 3, 
 
 1914 
 
 1. 
 
 1914 
 
 1, 
 
 1914 
 
 15. 
 
 1914 
 
 4, 
 
 1914 
 
 3, 
 
 1914 
 
 2, 
 
 1914 
 
 2, 
 
 1914 
 
 15, 
 
 1914 
 
 22, 
 
 1913 
 
 1. 
 
 1914 
 
 11, 
 
 1914 
 
 1, 
 
 1914 
 
 22, 
 
 1913 
 
 1. 
 
 1914 
 
 11. 
 
 1914 
 
 19, 
 
 1914 
 
 16, 
 
 1913 
 
 Scope of Investigation 
 
 23 
 
 The following statement of receipts and expenditures presents a general 
 account of the main items of cost for the investigation,* while the office of 
 Director was maintained, i. e., from August, 1913 to October 1, 1914. 
 
 SUMMARY OF EXPENSES 
 
 Received from commission $28,987 54 
 
 Expenses: 
 
 Administration and office $16,619 42 
 
 Field 8,839 50 
 
 Office expenses 3,384 78 
 
 ^ $28,843 70 
 
 Returned to Commission $143 84§ 
 
 Administration and Ofoce 
 
 Salaries: 
 
 Director of Investigation at $416.67 per month 
 
 Assistant Director of Investigation at $250 per month, 
 Stenographer and bookkeeper at $75 per month . . . 
 
 1 statistician at $125 per month 
 
 4 statisticians at $100 per month 
 
 1 statistician at $25 per week 
 
 4 tabulators at $75 per month 
 
 1 tabulator at $60 per month 
 
 3 tabulators at $20 per week 
 
 4 tabulators at $15 per week 
 
 1 office helper at $60 per month 
 
 2 office helpers at $50 per month 
 
 1 file clerk at $40 per month 
 
 3 file clerks at $12 per week 
 
 4 file clerks at $10 per week 
 
 1 draughtsman at $20 per week 
 
 1 draughtsman at $3.50 per day 
 
 1 stenographer at $3 per day 
 
 Preparation of minium wage legislation report 
 
 Traveling and incidental expenses (car fares, telephone and post- 
 age) 
 
 $5,604 88 
 
 2,964 78 
 
 957 50 
 
 929 44 
 
 1,579 60 
 
 152 09 
 
 1,335 16 
 
 343 55 
 
 370 00 
 
 652 50 
 
 366 00 
 
 233 23 
 
 69 33 
 
 448 00 
 
 335 85 
 
 46 67 
 
 7 00 
 
 4 50 
 
 100 00 
 
 $16,500 08 
 
 119 34 
 
 $16,619 42 
 
 Field 
 
 Salaries : 
 
 Assistant director at $350 per month $850 91 
 
 1 investigator at $200 per month 472 48 
 
 5 investigators at $175 per month 2 , 020 21 
 
 4 investigators at $125 per month 1 ,687 51 
 
 7 investigators at $100 per month 3,000 07 
 
 2 clerks at $15 per week 30 00 
 
 2 assistant investigators at $10 per week 80 00 
 
 * This does not include the expenses of the various special investigations, 
 e. g., Standard of Living, Industrial Education, etc. 
 
 § This sum was used to pay bills received by the Director's office prior to 
 October 1, 1914. 
 
 fl 
 
24 Appendix IV — Wage Investigation 
 
 1 stenographer at $6 per week ^3^ go 
 
 2 copyists at $6 per week !.!!!..*! 12 00 
 
 4 copyists at $1.50 per day .....!.......* 39 00 
 
 _, , . $8,228 18 
 
 HiXpenses of investigator from Labor Department 233 67 
 
 Stenographic services * 29 05 
 
 Janitorial services * 9 qq 
 
 $8 499 90 
 Traveling and incidental expenses (car fares, telephone and post- 
 
 »g«) 339 eo 
 
 $8,830 50 
 
 Office Expenses 
 
 Rent at $100 per month |i 260 00 
 
 Telephone '142 36 
 
 Furniture jgy g^ 
 
 2 typewriters at $2.50 per month 64 50 
 
 Adding machine at $12.50 per month ,,,, 137 50 
 
 Printing ; _ 841 gj 
 
 Mimeographing 120 25 
 
 Blue prints 52 92 
 
 Stationery 315 97 
 
 Filing cabinets and boxesr 40 7Q 
 
 Duplicating machine jg 49 
 
 Postage 72 70 
 
 Notary public jg yj 
 
 Expressage [[ n 44 
 
 Spring water 15 00 
 
 ,^5® \ 19 92 
 
 bowels 28 38 
 
 Miscellaneous 30 1 1 
 
 $3,384 78 
 
 The direction of the field work was put under the immediate 
 supervision of the Assistant Director, and Miss Mary Sims was 
 placed in charge of the tabulation. The Director shared with 
 them the responsibility for the general methods adopted in secur- 
 ing and presenting wage data. 
 
 It was deemed advisable to begin with the industries, which 
 were commencing to show the stimulation of the approaching 
 holiday season, and then to take the stores when their payroll 
 was greatest. In this way we hoped to obtain the largest num- 
 ber of returns with the least expenditure of time and effort. It 
 
 Scope of Investigation 
 
 25 
 
 rIso aiforded an opportunity to examine directly conditions of 
 overtime, extra help, commissions and other matters affecting 
 wages. 
 
 It was also thought best to begin with the investigation in 
 New York City, before sending our agents up-state. In this 
 way we hoped to watch their work closely, until they were 
 thoroughly prepared for independent and uniform treatment of 
 data, away from constant advice. We also expected to have a 
 very good idea of the industries selected, because such a large 
 proportion of all lines is centered in New York. 
 
 The attitude of most business men toward the investigation 
 was that of frankness and interest We cannot say that they 
 were particularly pleased to have our investigators examine 
 their accounts and question their employees during a busy sea- 
 son; but when they understood the reason for so doing, the 
 majority spared neither time nor pains to make our returns ac- 
 curate and intelligible. When convinced of the scientific char- 
 acter of the study, and assured that no names or figures easily 
 identified would be used, several representative firms gave us 
 cost and financial statements. "We have nothing to conceal," 
 they said. " We are proud of our business ; and since you are 
 going to investigate it, we want you to get the facts right." 
 
 The Retail Dry Goods Association, which includes most of the 
 large downtown department stores in New York City, promised 
 their co-operation from the beginning. Representatives from 
 the Association were members of the Advisory Committee, which 
 approved the plan of investigation. Later, when organization 
 among retail clerks in the city was agitated, officers of the asso- 
 ciation doubted the advisability of having employees give their 
 names and addresses, for fear these might somehow fall into 
 the hands of unionizers. Although identification by number is 
 difiScult where a shifting force is concerned, it was deemed ad- 
 visable to concede a modification in the form of the record, 
 rather than to arouse antagonism among the merchants. The 
 same stand was taken by the merchants of Buffalo, in view of 
 
26 
 
 Appendix IV — Waoe Investigation 
 
 Scope of Investigation 
 
 27 
 
 I 
 
 the recent strike among store employees there. In this case also, 
 the method of obtaining personal information was adopted to the 
 situation. But with the exception of these two groups and a 
 single firm in Rochester, no opposition to the regular procedure 
 of the investigation was encountered. 
 
 Among the employees we found a general willingness to tell 
 about their industrial experience. Some of the women objected 
 to stating their age, and a few of the retail clerks were unwilling 
 to give personal information until they understood the character 
 of the investigation. When questions about their domestic 
 economy were asked, some persons showed a marked tendency to 
 forget. Facts regarding overtime and deductions from wages 
 were sometimes slow in coming, until the agent assured the in- 
 former that no names were to be disclosed. It was very difficult 
 to obtain such information when representatives of the firm in- 
 sisted upon being present. But in general, the investigators 
 were well received and obtained a wealth of personal data from 
 the workers. 
 
 The investigation was begun in New York City on September 
 15, 1913, and was continued, with a field staff numbering from 
 three to sixteen, until February 15, 1914. The field work was 
 then suspended, awaiting the action of the Legislature regarding 
 the continuance of the work. A period of five months was thus 
 given to the actual investigation in New York City, divided 
 approximately as follows: September 15th to October 31st, con- 
 fectionery, 63 establishments; November 1st to December 6th, 
 paper boxes, 194; Decemiber 1st to February 15th (with interrup- 
 tions), mercantile establishments, 56; and December 10th to Feb- 
 ruary 15th, shirt factories, 77. The study of one industry could 
 not always be completed before a second was taken up ; nor could 
 work be presecuted continuously. For a period of one month, 
 from the middle of December, the investigation of stores was 
 halted, and the time chiefly given to the investigation of shirt fac- 
 tories. Some of the field investigators were also engaged in ofiice 
 work, preparing the material for the preliminary report to the 
 Legislature on the confectionery and paper box industries in New 
 York City, which was submitted February 15th. 
 
 In addition to the work mentioned, brief surveys were also made 
 of a number of industries and occupations, with a view of ascer- 
 taining the advisability of studying them more in detail. Among 
 these were janitorial service, and the manufacture of silk, um- 
 brellas, handkerchiefs, pipes and paper patterns. A more ex- 
 tended study was also made of button factories. 
 
 As soon as the legislative appropriation for the continuation of 
 the work became available, two divisions were organized to work 
 simultaneously outside of New York City. The Assistant Di- 
 rector, Mr. Baron, was assigned, with four investigators, to the 
 western part of the State; and Miss Ethel R. Evans, with three 
 assistants, to the Troy-Albany section. It was planned to give ten 
 weeks' time to the up-State work 
 
 For one month, commencing April 20th, the western division 
 was engaged in Buffalo and nearby places, and obtained data from 
 50 establishments — 7 confectionery, 11 paper boxes, and 4 shirt 
 factories; 10 department stores, 10 5 and 10c. stores, and 8 
 neighborhood stores. 
 
 In three weeks. May 2 1st- June 10th, spent in Rochester, data 
 were obtained from 34 firms — 6 confectionery, 19 paper boxes, 7 
 department stores, and 2-5 and 10c. stores. During the two weeks 
 following, June '11-24, data were obtained from 23 firms in Syra- 
 cuse, Oswego, and vicinity — 6 confectionery, 5 paper boxes, 2 
 shirts, 5 department stores, and 5, 5 and 10c. stores. In the fol- 
 lowing week, June 25-30, in Binghamton, 8 establishments — 1 
 confectionery, 3 paper boxes, and 4 stores — were scheduled. The 
 last stop, at Middletowni, July 1-3, gave returns for 9 firms — 
 1 confectionery, 2 paper boxes, 2 shirts and 4 stores. 
 
 The eastern division worked in the cities and towns along the 
 Hudson, and in Utica. The larger part of the time was spent in 
 the great shirt and collar manufacturing region, of which Troy 
 is the center. The dates of the itinerary and the number of 
 investigators engaged in each locality were as follows : Troy, 1 to 
 4 agents, April 24th to ^May 28th; Albany, 4, May 29th to June 
 17th; Glens Falls, 2, June 18th to July 7th; Kingston, 2, July 
 8th to July 11th; Schenectady, 2, June 18th to June 23d; Utica, 
 2, June 24th to July 3d. In all, 77 establishments were investi- 
 gated, divided as follows: Confectionery, 2; paper boxes, 16; 
 shirts, 28; department stores, 24; 5 and 10c. stores, 7. 
 
28 
 
 Appendix IV — Wage Investigation 
 
 It may be noted here that in the absence of authentic classified 
 lists of establishments, we were obliged to resort to numerous 
 sources for names and addresses of firms in the various lines. We 
 are under obligations to many firms and individuals in the several 
 industries and localities for information. However, even the 
 industrial leaders, both employers and employees, could not fur- 
 nish adequate data r^arding their industries, and it was impos- 
 sible to obtain up-to-date lists in advance for our investigators. 
 Much time was therefore consumed in looking up places no longer 
 in existence or concerning which our information proved to be 
 otherwise erroneous. Again, it should be noted that some of the 
 greatest technical difficulties were encountered in scheduling 
 smaller establishments which, though relatively unimportant, were 
 necessary in a comprehensive study, and in which records were 
 often most miserably kept. In order to obtain exact information, 
 the expenditure of effort frequently was disproportionately great. 
 In estimating the ground covered in the course of the investiga- 
 tion, it is only fair to take account of the fact that much more 
 field work was done than is actuallv indicated in the returns. 
 
 SUMMARY OF OFFICE TABULATION 
 
 The following is a brief presentation of the data obtained, and 
 the manner in which use was made of them : 
 
 MERCANTILE ESTABLISHMENTS 
 
 
 New 
 
 York 
 City 
 
 Up-state 
 
 Total 
 
 Number of firnu 
 
 56 
 
 56,151 
 
 2.678 
 
 87 
 
 13.782 
 
 5.146 
 
 143 
 
 Number of employees 
 
 Number of tablee made 
 
 69,933 
 7.824 
 
 SHIRT 
 
 FACTORH 
 
 CS 
 
 
 
 New 
 
 York 
 City 
 
 Up- state 
 
 Total 
 
 Number of firms 
 
 76 
 
 7,214 
 
 735 
 
 36 
 
 5,842 
 
 840 
 
 lis 
 
 Number of employees 
 
 Number of tables made 
 
 13,056 
 1,575 
 
 I 
 
 Scope of Investigation 
 Summary of Office Tabulation — Continued 
 
 paper box FACTORIES 
 
 29 
 
 Number of firms 
 
 Number of employees . . 
 Number of tables made 
 
 New 
 York 
 City 
 
 193 
 8,650 
 2,082 
 
 Up^state 
 
 45 
 
 3,110 
 630 
 
 Total 
 
 238 
 
 11,760 
 
 2,712 
 
 CONFECTIONERY FACTORIES 
 
 Number of firms 
 
 Number of employees. . . 
 Number of tables made. 
 
 New 
 
 York 
 
 City 
 
 61 
 8. 503 
 1,320 
 
 Up-state 
 
 23 
 
 1,174 
 
 401 
 
 Total 
 
 84 
 9,767 
 1,721 
 
 TOTAL 
 
 
 New 
 
 York 
 
 City 
 
 Up-«tate 
 
 Total 
 
 Number of firms 
 
 386 
 
 80,608 
 6,815 
 
 191 
 
 23.908 
 7,017 
 
 57T 
 
 Number of employees 
 
 Number of tables made 
 
 104,516 
 13.832 
 
 SCHEDULE OF TABLES 
 
 Tables Made From Card Forms Nos. 1 and 2 
 
 Card Form No* 1 (Page 5) number obtained 87,011 
 
 Card Form No. 2 (Page 6) number obtained 104,516 
 
 The personal information on card Xo. 1 was first transferred 
 to form Na 2 in order to simplifv the tabulation- 
 
30 
 
 Appendix IV — ^VAGE Investigation 
 
 Scope of Investigation 
 
 31 
 
 I 
 
 establishment 
 
 tabulated. 
 
 VERIFIED 
 
 TABLE I. SEX AND AGE OF EMPLOYEES 
 
 
 Total 
 
 14-15 
 
 16-17 
 
 1 
 18-20 21-24 25-29 
 
 30-34 35-39 
 
 40-44 
 
 45-54 
 
 55-64 
 
 65 + N. R* 
 
 1 
 
 Male 
 
 Female 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 1 
 
 Total.... 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 Table I shows the distribution of the employees according to 
 age and sex. The age groups up to 21 years were fixed in accord- 
 ance with the various provisions of the Labor Law of Ke\v York 
 State concerning the employment of certain classes of minors. 
 
 In this table and those following, under '' N. R." (not reported) 
 are included all those employees for whom the particular informa- 
 tion was not obtained. These cards are included in the tables for 
 the purpose of checking results. 
 
 Table II. This form shows the distribution of employees ac- 
 cording to nativity and sex, for children 14 and 15 years of age, 
 minors from 16 to 20, and adults. For those of foreign birth the 
 different countries are shown. 
 
 Table III. This form shows the distribution of employees by 
 sex according to age groups and conjugal condition. 
 
 Table IV. This form shows the distribution of employees ac- 
 cording to age groups and sex in the main occupations of the 
 industry. For the sake of speed and accuracy in tabulation each 
 card was numbered with a code numWr in red showing the occupa- 
 tion group to which it belonged. This was made necessary by the 
 fact that so many different names are given to one occupation. 
 For instance in the manufacture of paper boxes, stripping, top- 
 ping, bottoming, top labeling, labeling, running, etc., are all forms 
 of covering. 
 
 Table V. This form shows the distribution, by sex, of employees 
 of native and foreign birth in the various occupations. 
 
 Table VII. This form shows the age distribution by sex of all 
 employees according to the number of years worked for wages. 
 The grouping of years, beginning with under one year, is by 
 separate years up to ten, above ten it is by five-year groups. 
 
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 — ; 
 
 
 
 
 •< 
 
 
 — '. — ! — 
 
 
 
 'A 
 
 
 
 — : 
 
 
 
 
 
 
 
 
 
 
 
 § 
 
 
 
 
 
 > 
 
 1 
 
 
 
 
 
 pi 
 
 
 
 
 
 
 
 
 
 
 H 
 
 O 
 
 14-16 
 
 16-20 
 
 21+ 
 
 N.R 
 
 o 
 
32 
 
 
 ?3 
 
 APPE^DIX IV — Wage Investigation 
 
 
 9 
 
 OQ 
 P 
 
 > < 
 o 
 
 Q 
 
 8 
 
 -< 
 O 
 
 f 
 
 g 
 
 PQ 
 
 B. FEMALE 
 
 CONJtTGAL CONDITION 
 
 1 
 
 
 1 1 i 1 1 i 1 1 M 
 
 i i ; i ! i i i i : 
 
 M M M M i i i 
 
 
 • 
 
 • 
 
 M M M 1 M 1 1 
 
 
 1 
 
 :;••••••■••; 
 
 » ; ; ; 1 ; ; ; I ; ; ; 
 
 11 i M M M i M. 
 
 1 
 
 o 
 
 ' • • • ' I 1 ! I ; ' 
 
 1 i i • i i i i : i i 
 
 
 1 
 
 1 j j i j j i i i ; ! i 
 
 • • i i i 1 : : i i : : 
 
 i 
 
 o 
 
 c 
 
 00 
 
 ; : 1 ! J : ! ! i • i : 
 
 • ; i i i •.!;!'! 
 
 I • • ■ • • • i ; i i 1 
 ii*. ••■>••** 
 
 i •••■•■: 1 1 i i 
 
 1 
 
 • 
 
 1 
 
 O 
 
 < 
 
 • • 
 
 1 
 
 A. MALE 
 
 CONJUQAXi CONDITION 
 
 3 
 
 
 1 i M i M M 
 
 i 
 
 2: 
 
 1 i i : i ■ : ; : M 
 
 
 1 
 
 • • ' ' ', ', i I • I '■ * 
 
 M j M M M M 1 
 1 i i M M M M i 
 
 
 1 
 
 1 
 
 j i M M M M i i 
 
 
 
 ! : j : : 1 I 1 ! : I 1 
 1 1 ! ! i i i i : ! : • 
 
 
 1 
 
 as 
 
 
 
 S 
 
 -< 
 
 
 14-15 
 
 16-17 
 
 18-20 
 
 21-24 
 
 26-29 
 
 30-34...... 
 
 35-39 
 
 40-44 
 
 46-54 
 
 66-64 
 
 65 + 
 
 N.R 
 
 i 
 
 Scope of Investigation 
 
 33 
 
 ESTABLISHMENT 
 
 TABULATED. 
 
 VERIFIED. 
 
 TABLE IV.— OCCUPATION BY AGE AND SEX 
 
 Occupation 
 
 AGE 
 
 Total 
 
 14-15 
 
 16-17 
 
 18-20 
 
 21-24 
 
 25-29 
 
 30-34 
 
 35-39 
 
 40-44 
 
 45-54 
 
 55-64 
 
 65 + 
 
 N.R. 
 
 — 
 
 
 -•— — 
 
 
 
 
 
 .«,^*».. 
 
 MM I M 
 
 
 
 
 
 
 
 
 
 
 
 
 ^^ 
 
 
 
 
 
 
 — — 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 N. R 
 
 
 
 
 
 
 Total... 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Vol. II — 2 
 
I 
 
 If 
 
 34 
 
 Appendix IV — Wage Investigation 
 
 ESTABLISHMENT 
 
 TABULATED. 
 VERIFIED 
 
 TABLE v.— NATIVE AND FOREIGN BY OCCUPATION 
 
 MALE 
 
 
 FEMALE 
 
 
 Total 
 
 NATivmr 
 
 Occxn»ATioN 
 
 Totol 
 
 1 
 
 
 
 
 fATTVTrr 
 
 
 NaUve 
 
 Foreign 
 
 N.R. 
 
 Native 
 
 Foreign 
 
 N.R. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ~-~ 
 
 
 
 
 
 
 
 « ........ 
 
 ........... 
 
 .............. 
 
 ............. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total... 
 
 
 
 
 
 Total 
 
 
 
 
 
 
 .ra 
 
 
 Table VIII. This form is made on the same form as Table 
 VII. It shows the age distribution of all employees by sex accord- 
 ing to the number of years worked in the trade. 
 
 Table IX. This form is also on the same form as Table VIL 
 It shows the ago distribution of all employees by sex according 
 to the number of years worked for the firm. 
 
 Table X. This form is a summary of VII; VJII, and IX, 
 
 d 
 
 Ed 
 H 
 
 < 
 
 s 
 
 3 s 
 
 I 
 I 
 
 Q 
 
 > 
 
 Scope of Investigation 
 
 35 
 
 1 
 
 I 
 
 j 1 t J 1 1 ! 1 } 1 1 1 
 
 } 
 
 1 
 
 PS 
 55 
 
 
 
 
 
 to 
 
 
 
 
 
 
 
 
 I 
 
 
 
 1 
 
 I 
 
 
 
 
 Q 
 H 
 
 M 
 « 
 O 
 
 3 
 
 < 
 
 H 
 
 s 
 
 
 
 u 
 
 CO 
 
 Q 
 
 < 
 
 
 
 
 
 
 
 CQ 
 
 • ■ • ■ : i i i : i • : 
 
 1 1 
 
 CO 
 H 
 O 
 
 < 
 
 00 
 
 
 
 2 
 
 Q 
 
 
 
 
 
 
 Of 
 
 o 
 
 CD 
 
 •o 
 
 
 
 < 
 
 TO 
 
 ■•••••: i : i i : 
 : : • ^ • • • i : i i : 
 
 
 I 
 > 
 
 
 
 
 
 
 V4 
 
 M M j i i i i i M 
 
 
 
 
 1>4 
 1 
 
 
 
 1 
 
 iiiiiiiiiiii 
 
 1 
 
36 
 
 Appendix IV — Wage Investigation 
 
 Table XI. This form shows the number of dajrs worked by 
 each employee during the week for which wage data were secured. 
 
 Table XII. This form shows, according to certain age groups, 
 the number of hours worked by each employee during the week for 
 which wage data were obtained. Because of the hour and age 
 grouping this table shows automatically any illegal overtime for 
 children under 16, boys from 16 to 17, and all women. 
 
 Table XIII. This is a table of overtime work during the week 
 for which data were obtained by the Commission. For children, 
 boys from 16 to 17, and all women, overtime was taken to mean 
 illegal overtime. In the case of adult men overtime was used to 
 mean merely any time worked in excess of the hours given as the 
 regular working time for that individual. 
 
 Table XIV. This form was used to show the age distribution of 
 all employees by sex according to weekly rates and actual weekly 
 earnings. The age groups are the same as in the previous age 
 tables. The wage distribution beginning with under $3 a week is 
 given in $0.50 intervals to $8, $1 intervals to $16, $2 intervals to 
 $20, $5 intervals to $40. All employees earning $40 or more a 
 week are grouped, as in any case this is an exceedingly small num- 
 ber. The smaller intervals were given in the lower wage groups 
 for two reasons. First, because the earnings of the majority of 
 the employees in at least 3 of the 4 industries investigated fall 
 below $8 a week, and second, because with so small a weekly sum 
 $0.50 is of great importance to the individual. Above $8 the 
 grouping is as close as convenience in tabulation would permit. 
 
 Table XV. This form was used for all tables showing weekly 
 rates and earnings except the two age tables for which Table XIV 
 was used. 
 
 The wage grouping is the same as in Form XIV. 
 
 The actual earnings of all employees were tabulated by nativity, 
 by conjugal condition, by the number of years employed in the 
 trade, by the number of years employed by the firm and by occu- 
 pation groups. 
 
 Using the same wage distribution, rates were also tabulated 
 according to occupation groups. 
 
 In the case of the material from up-state, where a slightly dif- 
 ferent form of card was used, &ve additional tables covering living 
 conditions, were made for each finn« 
 
 ! ! 
 
 ' 
 
 
 S 
 
 
 > 
 
 
 00 
 
 2 
 
 < 
 H 
 
 C^ 
 
 O 
 
 >* 
 
 < 
 
 CO 
 
 
 Scope of ImrESTiOATioN 
 
 37 
 
 S 
 
 < 
 
 H 
 H 
 
 h 
 O 
 
 « 
 H 
 
 m 
 ;$ 
 p 
 
 3 
 
 o 
 
 5z: 
 
 
 eo 
 
 ^ 
 ^ 
 
 
 C4 
 
 
 oo 
 
 M 
 
 M 
 
 S Pn 
 
 s 
 
 o 
 Eh 
 
 S 
 
 M 
 M 
 O 
 
 a 
 
 i 
 
 & 
 
 w 
 
 s^ 
 
 s 
 
 o 
 
 
 • • 
 ■ • 
 
 1 1 
 
 i 
 j 
 
 • • 
 
 j j 
 
 
 • • 
 
 • • 
 
 i i 
 I 1 
 
 
 
 
 1 
 
 
 i i 
 1 j 
 
 
 ; : 
 
 • • 
 
 1 ! 
 1 j 
 
 
 • • 
 
 : 
 
 ! 
 
 i 
 j 
 
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 j i 
 
 • t 
 
 
 : 
 
 • 
 
 i 
 
 1 
 
 
 i : 
 
 i 1 
 
 j 1 
 
 
 j j 
 
 I 1 
 
 
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 ! 
 
 : 
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 i 
 
 ! 
 
 1 
 j 
 
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 1 
 
 
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 i 
 
 
 
 :s\' 
 
 1 
 
 .11 
 
 
 
 
38 
 
 Appendix IV — Waoe Investigation 
 
 Scope of Investigation 
 
 39 
 
 establishment 
 
 tabulated^ 
 
 verified. 
 
 TABLE XL— DAYS WORKED IN PAYROLL PERIOD 
 
 Male 
 
 Female ... 
 
 Total. 
 
 TOTAL 
 
 Persons 
 
 Days 
 
 NimBm or dati worked 
 
 — 1 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 « 
 
 7 
 
 • • • • 
 
 • ■ * • 
 
 • • • • 
 
 « • • • 
 ■ • • • 
 
 • • • • 
 
 • • • • 
 
 • • • • 
 
 • « • • 
 
 • • • • 
 
 • • • • 
 
 • • • • 
 
 • • « * 
 
 « • • • 
 
 • • ■ • 
 
 « • • • 
 
 • • ■ • 
 
 • • • • 
 
 • • • • 
 
 • • • • 
 
 N.R. 
 
 TABLE XII. HOURS WORKED PER WEEK 
 
 
 Age 
 
 KUMBES or HOUM 
 
 
 Total 
 
 48 and 
 
 le:)8 
 
 48-&4 
 
 55-60 
 
 61-66 
 
 66-72 
 
 Over 
 72 
 
 N.R. 
 
 
 
 -16 
 
 
 
 
 
 
 
 
 
 
 Male 
 
 16-17.. 
 
 
 
 
 
 
 
 
 
 
 
 isx... 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total.. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Age 
 
 NCMBCB or HOURS 
 
 
 Total 
 
 48 and 
 leas 
 
 49-54 
 
 65-60 
 
 61-66 
 
 •6-72 
 
 Orer 
 72 
 
 N.R. 
 
 
 
 -16 
 
 
 
 
 
 
 
 
 
 
 Female. 
 
 16-17.. 
 
 
 
 
 
 
 
 
 
 
 
 18 + ... 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total. . 
 
 1 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 TABLE XIII— HOURS WORKED OVERTIME 
 
 
 NUMBER or HOURS 
 
 
 — 1 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7-9 
 
 10- 
 12 
 
 13- 
 15 
 
 16- 
 18 
 
 19 + 
 
 N.R. 
 
 Total 
 
 Firm 
 total 
 
 Male 
 
 
 
 
 
 
 
 Fflmal<? 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total. . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Q 
 M 
 
 CO 
 
 Oi 
 < 
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 •J 
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 Q 
 
 pa K ^ 
 
 2 S m 
 
 OS 
 
 " S 
 
 OS M 
 
 OS 
 
 Pi 
 
 n 
 
 00 
 
 a 
 
 S 
 
 a 
 
 
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 ^ 1 : ; 1 : : ; : ; 1 : : 
 
 1 nHiiiMiN 1 
 
 p* ; : : ; : I I : 1 J 1 1 : 
 
 5-^ NNNNNN i 
 
 3 :::::::::::: : 
 
 gs : : i i i : : i : I : : : 
 
 agj i i i i i i i : i i i il i 
 
 S :::::::::::: : 
 
 .8 iiiiiiiiiiiil i 
 
 ooo» ! I I I I I 1 I 
 
 .8 iiiiiiiiiiiil : 
 
 15. 
 15.99 
 
 J iMiiiMMiili 
 
 .8 i i i i i i i i I i i i i 
 
 coco 1 • 1 1 • • 1 1 • 1 1 I i 
 w^ -p-^ ( 1 1 « 1 1 1 1 1 1 • 1 t 
 
 .8 : i : : 1 ! 1 : i 1 i : i 
 
 e>»e« 1 1 1 1 • I 11 1 • 1 1 
 
 .S i i i i : i i i i i i i i 
 
 V4 ff4 i 1 • » 1 1 • 1 1 • 1 1 1 
 v^r^ llltlllllllt 1 
 
 22 i :;:::;:::: : : 
 
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 o»a» ' • 1 ' 
 
 8 iiiiiiiiiiiil; 
 
 OOOO 1 1 1 . 1 . 
 
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 r^^t^J I 1 1 • 1 1 1 1 1 1 1 1 I 
 
 .5 i i i i i i 1 i i i i i i 
 
 r.'t<^ ,,1111111111 . 
 
 6.50 
 6.99 
 
 (0«C> 1 1 1 I 1 1 ' 
 
 SS i i i i i i i i i i i il i 
 
 s iiiiiiiiiiiil i 
 
 •QlO 1 1 1 1 ,, 1 1 I 1 1 • 1 1 
 
 4.50 
 4.99 
 
 J iiiiiijiiiiili 
 
 SS i i i i i i i i i i i il i 
 
 com I I ! I I I 1 I 1 1 ,, 1 1 
 
 9 iiiiiiiiiiiil i 
 
 «9C9 1 ,, 1 1 1 1 1 1 1 1 1 1 1 
 
 ■f iiiiiiiiiiiili 
 
 1 !S!!5ffi|+d| 
 
 9 
 
 H 
 
 1 
 
 -♦ <i 00 -i« u's <i »o o «c "2 «2 y c2 
 
 • 
 
 
 
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 5z: 
 
 
 iiiilli 
 
 5h 
 
 
 iiiiili 
 
 35. 
 39.99 
 
 
 s 
 
 S35 
 
 
 
 
 
 NNili 
 
 
 
 
 .8 
 
 
 HHili 
 
 
 
 MMIIi 
 
 
 
 NiNIi 
 
 .8 
 ^25 
 
 
 NMili 
 
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 COCO 
 
 
 
 .8 
 
 
 
 .8 
 
 
 
 s 
 
 do 
 
 
 
 .8 
 
 
 
 s 
 
 00 00 
 
 i 1 ! 1 I i 
 
 
 SS 
 
 ■ i i ' i i 
 
 
 a» 
 
 
 
 SS 
 
 
 
 coco 
 
 
 
 SS 
 
 
 
 •<• 
 
 
 
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 cieo 
 
 
 
 7 
 
 
 
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40 
 
 Appendix IV — Wage Investigaxioh 
 
 < 
 •J 
 
 h4 
 
 Cm I>4 
 
 23 
 
 H > g 
 
 o 
 
 
 H 
 
 n 
 
 CO 
 
 9 
 
 
 • 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 « 
 
 % 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 5+ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 S 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 S 
 
 
 
 
 
 
 
 
 
 i 
 
 
 
 
 
 
 
 
 
 
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 f-4 ^^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 s 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 sis 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 coeo 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 s 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 s 
 
 • • 
 
 oo 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 ss 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 — 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ss 
 
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 1 
 
 
 1 
 
 
 
 
 
 ) 
 
 
 
 
 •OM» 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ss 
 
 toto 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 at 
 
 (OCO 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ? 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 i 
 
 O 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ) 
 
 Scope of Investigation 
 
 Living Conditions* 
 
 41 
 
 Table I. This fomi shows the actual weekly earnings of all 
 unmarried persons according to whether or not they paid board. 
 
 Table II. This form shows home relations for children, young 
 persons, adults, that is, whether they are living with parents, rela- 
 tives or strangers. 
 
 Table III. This form shows their home relations according 
 to actual weekly earnings. 
 
 Table IV. This form shows marital condition according to 
 type of domicile, that is, whether the single, married, etc., persons 
 live in private houses, apartments, furnished rooms or hotels. 
 
 Table V. This form shows the type of domicile of all married 
 persons according to their actual weekly earnings. 
 
 The material for each firm was tabulated separately except in 
 the case of very small establishments which were grouped accord- 
 ing to type and locality. For each New York City firm seventeen 
 tables were made, for each up-state firm twenty-two tables. These 
 individual tables have been used for purposes of comparison only. 
 The tables appearing in the report are all combination tables. 
 
 The Manhattan establishments for the four industries investi- 
 gated in New York City were kept apart in the first combination 
 tables from the establishments in the other boroughs. This was 
 done because of the different conditions in Manhattan, such as 
 higher overhead charges. Different lines in the same industry 
 were also held apart in the first combination tables either because 
 they were essentially different or because they showed different 
 wage levels. Thus in mercantile establishments the department 
 stores, neighborhood stores and five and ten cent stores were kept 
 apart throughout. In the men's shirt industry two kinds of fac- 
 tories were distinguished, those manufacturing working shirts, 
 and those manufacturing negligee and dress shirts. In the candy 
 industry, wholesale establishments were kept apart from those 
 having a retail outlet and the smaller groups of factories such as 
 those manufacturing popcorn, chewing gum and chocolate were 
 also distinguished. These divisions were finally put together for 
 Greater New York. In the case of mercantile establishments the 
 five divisions within each class — stock and sales, office, shipping, 
 
 • See cards Nos. 1 and 2, and description, pages, 5, 6. 
 
42 
 
 Appendix IV — Wage Investigation 
 
 Scope of Investigation 
 
 43 
 
 < 
 
 < 
 
 
 
 
 •a 
 ij 
 o 
 
 CO 
 
 o 
 
 S 
 as 
 
 o 
 
 •4 
 
 5 
 
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 OS 
 
 
 • 
 
 85 
 
 d + 
 
 
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 s 
 
 
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 raco 
 
 
 s 
 
 
 g?s 
 
 
 s 
 
 
 M3 9> 
 
 
 MM 
 
 s 
 
 
 s^^ 
 
 s 
 
 
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 •-I vi^ 
 
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 MM 
 
 
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 s 
 
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 w>4 ^14 
 
 s 
 
 
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 s 
 
 
 00 00 
 
 
 ss 
 
 1 
 
 r^r- 
 
 o> 
 
 
 •<•' 
 
 
 t^b-' 
 
 
 ss 
 
 
 <o«e 
 
 Oi 
 
 
 '^ 
 
 
 «bte 
 
 ss 
 
 
 •OiO 
 
 o> 
 
 
 ^ 
 
 
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 ss 
 
 
 "••'•• 
 
 0» 
 
 
 "«• 
 
 
 '••♦ 
 
 
 ss 
 
 
 Oft 
 
 at 
 
 
 •^ 
 
 
 eow 
 
 7 
 
 
 
 
 
 
 
 1 i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 i 
 
 
 
 
 1 i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 i 
 
 
 
 
 
 
 
 
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 1 
 1 
 
 
 
 
 1 
 1 
 
 1 
 
 1 i 
 
 ii 
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 1 
 
 i 
 
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 1 
 
 3 
 
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 r. 
 
 o 
 
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 H 
 
 o 
 
 n 
 
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 3 
 
 o 
 
 i^l 
 
 3 
 
 O 
 
 H 
 
 
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 « 
 
 o 
 
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 C 
 
 CO 
 
 I 
 
 •s 
 
 I 
 
 S 
 
 o 
 
 I 
 
 4{ 
 
 H 
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 . ! ! ! 
 
 I I 1 
 
 1 
 
 • 
 
 i 
 
 • 
 
 1 
 
 ! : I : 
 
 i i : ; 
 
 • * * • 
 
 • * • • 
 
 I : : i 
 
 • * * * 
 
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 1 
 
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 1 : : : 
 
 MM 
 
 • * ! ! 
 
 • 
 « 
 
 i 
 1 
 
 
 • 
 
 j 
 
 * 
 
 j 
 
 • 
 
 
 1 
 
 1 1 i 
 1 1 1 
 
 
 i i ! : 
 1 1 i i 
 
 
 Under 16 
 
 21 and over 
 
 Not reported 
 
 3 
 
 1 1 1 1 
 
 j j ! 1 
 
 1 
 
 
 
 j i 1 1 
 
 
 
 
 1 1 1 1 1 
 
 
 "^ i 1 j ! 
 
 ! i i i 
 
 
 
 
 Under 16 
 
 16-20 
 
 21 and over 
 
 Not reported 
 
 3 
 
 o 
 H 
 
44 
 
 Appendix IV — Wage Investigation 
 
 Q 
 
 H r 
 
 H 
 
 OQ 
 
 H 
 
 i 
 ca 
 
 o 
 
 a 
 
 PS 
 
 S 
 
 o 
 
 td 
 
 I 
 
 s 
 
 H 
 
 I-} 
 
 5 
 
 a 
 
 i 
 
 s 
 
 I 
 
 g 
 
 ^ 
 
 55 
 
 JS^ 
 
 rs 
 
 ^9 CO 
 
 s 
 
 s 
 
 00 Ok 
 
 s 
 
 s 
 
 roco 
 
 s 
 
 id 
 
 s 
 
 
 
 OP 00 
 
 Ok 
 
 <c>to 
 
 Ok 
 
 CO CO 
 
 Oft 
 
 CO CO 
 
 I 
 
 s 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 il i 
 
 
 
 
 
 
 il i 
 
 
 
 
 
 
 il i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 •S : 
 
 
 
 
 
 
 
 :k 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ; il i 
 
 
 
 
 
 
 1 1 
 1 t 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 i il i 
 
 
 
 
 
 
 
 
 i 
 
 1 
 
 ! i 
 
 • 
 • 
 
 i ! 
 
 3 1 
 
 
 ^1 
 
 1 
 
 
 • 1 • 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 t 1 • 
 
 
 
 1M M 
 
 
 "S ; : : : 
 
 
 
 
 
 
 
 
 
 
 
 
 
 i il i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Parenti 
 
 Relatives 
 
 Friends 
 
 Stranaers 
 
 Alone 
 
 Total 
 
 Scope of Investigation 
 
 45 
 
 ! ! 
 
 1 § 
 
 o 
 
 g I 6 
 
 H > g 
 
 O 
 
 O 
 g 
 
 O 
 
 H 
 
 I 
 >^ 
 
 a 
 
 n 
 
 
 n 
 
 a: 
 o 
 
 a 
 
 o 
 u 
 
 •J 
 •< 
 o 
 ► 
 
 a; 
 
 o 
 
 3 
 
 o 
 
 
 "3 
 
 o 
 
 o 
 •9 
 
 ^ 
 
 •2 
 
 1 
 
 q3 
 
 4J 
 
 I ^ 
 
 1 
 
 o 
 H 
 
 ! ! ! : 1 
 
 • • • • ■ 
 
 Mill 
 
 ! ! ! ! 1 
 
 i i i 1 1 
 
 
 j 1 ; i i 1 
 I i i ; i i 
 ! ; ! ! i i 
 i i i i i 1 
 1 i i i 1 i 
 
 
 ! 1 ! i 1 
 
 ! j i j 1 
 
 : i ! : 1 
 
 1 i i i 1 
 1 i I i i 
 
 « 
 
 I 
 
 j 
 1 
 i 
 
 • i ! 1 
 
 i ; ! i 
 i : I 1 
 
 'Mi i 
 
 • 
 • 
 • 
 
 i 
 
 j 
 
 1 i i M 1 
 
 1 j j 1 i 
 
 i M i 1 
 
 i 
 
 • 
 
 i 
 
 i 
 j 
 
 j 
 
 ill: 
 
 ! i i 
 
 1 1 1 
 
 ! i i 
 
 i i i 1 
 
 i 
 1 
 
 Private house 
 
 Apartment 
 
 Furnished room 
 
 Boarding house 
 
 Hotel or " home " 
 
 Not reported 
 
 Total 
 
46 
 
 Appendix IV — Wage Investigation 
 
 Scope of Investigation 
 
 47 
 
 i 
 
 i 
 
 < 
 
 H 
 
 U 
 
 » 
 CO 
 
 ^* 
 
 PQ 
 H 
 
 I i 
 
 i4 b! 
 
 
 o 
 as 
 
 u 
 
 at 
 o 
 
 a 
 
 IB ? 
 
 
 ^ 
 
 
 GU 
 
 1 
 
 
 « 
 
 
 • 
 
 2 
 
 s+ 
 
 
 s 
 
 
 ^s 
 
 
 s 
 
 
 ^9S 
 
 
 s 
 
 
 ss 
 
 
 s 
 
 
 ss 
 
 
 s 
 
 
 00 o» 
 
 s 
 
 
 «or> 
 
 s 
 
 
 •em 
 
 s 
 
 
 •♦■♦ 
 
 s 
 
 < 
 ■J 
 •J 
 o 
 a 
 
 z 
 
 »^ 
 OD 
 
 i 
 
 as 
 
 s 
 
 1 
 
 coco 
 
 
 
 S 
 
 do 
 
 e»9> 
 
 $ 
 
 
 00 00 
 
 ss 
 
 
 r-r>. 
 
 Ok 
 
 
 r*r» 
 
 ss 
 
 
 «0<D 
 
 
 
 «D(0 
 
 ss 
 
 
 •OtO 
 
 
 
 M»ie 
 
 ss 
 
 
 ^■* 
 
 Ok 
 
 
 ** 
 
 ss 
 
 
 coeo 
 
 
 
 ««o 
 
 7 
 
 
 1 
 
 •I 
 
 I 
 
 il 
 
 i s 
 
 n ?; 
 
 1 
 
 I 
 
 3 
 
 O 
 H 
 
 II 
 
 manufacturing and plant — were also kept separate. In the three 
 other industries the factory workers only were tabulated by firms. 
 The clerical, plant and shipping force were tabulated for each 
 industry as a whole. 
 
 The up-state material for each industry was combined by first 
 and second class cities, by third class cities as a group and by 
 towns as a group. Each industry was finally combined for the 
 entire state. 
 
 Card No, 3, page 7. — N^umber obtained, 500. 
 
 The material on Card No. 3 was used principally to supplement 
 the occupation material on Card No. 1 and to assist in the classi- 
 fication of occupations. In the men's shirt and paper-box indus- 
 tries, piece rates were listed from these cards. 
 
 Card No. Jf, page 9. — Number obtained, 500. 
 
 Table I. A table showing the regular working hours per week 
 in each department for men, for women and for children 14 and 
 15 years of age. 
 
 Table II. A table showing the regular hours per day in eacn 
 department for men, women and children. 
 
 Table III. For those establishments having one short day in 
 the week, a table showing the length of that day for each class of 
 workers. 
 
 Table IV. A table showing the length of the regular lunch 
 period for men, women and children. 
 
 For those establishments having a different schedule in differ- 
 ent seasons, separate tables were made for each season. 
 
 Card No, 5, page 10. — Number obtained, G,172. 
 
 Before tabulation the amount of wages for the entire year was 
 added and divided by the number of weeks worked in order to 
 get the average weekly earnings. 
 
 Table I. A table showing the average weekly earnings accord- 
 ing to the number of weeks worked. The wage distribution is 
 the same as in the wage tables from Card No. 2. The week dis- 
 tribution beginning with less than one week is by four-week inter- 
 vals to fifty-two weeks.* 
 
 * See Table XXI, Mercantile Establishments, page 97, and Table Series 
 XIX of the Statistical Appendix, Volume III of this report. 
 

 48 
 
 Appendix IV — Wage Investigation 
 
 Table II. A table showing the distribution by actual annual 
 earnings according to occupation and sex. In this table only those 
 employees who had worked forty-three weeks or more, were in- 
 cluded.* 
 
 Table III. A table showing the average weekly earnings for 
 all employees, by occupation and sex. 
 
 Table IV. A table showing the distribution of all employees 
 by occupation and sex according to annual earnings computed for 
 fifty-two weeks from the final rate specified. 
 
 Table V. A table showing the distribution of all employees by 
 occupation and sex according to annual earnings computed for 
 fifty-two weeks from the average weekly earnings. 
 
 Table VI. This table was made for final combination tables 
 only. For each occupation group, it gives a comparison of actual 
 weekly earnings and average weekly earnings by percentages. 
 
 (^ard No. 6, page 11. — Number obtained, 500. 
 
 No regular tables were made from this form. The number of 
 employees and the amount of wages paid in each week were listed 
 for all the firms, for which this card was obtained, in each in- 
 dustry. The charts show for one year by weeks, the fluctuation in 
 the number of workers employed and in amount of wages paid. 
 
 Card No, 7, page 12. — Number obtained, 6,900. 
 
 Table I. A table showing the number of weeks worked during 
 the year for each employee, by the rate specified at the close of 
 the period. 
 
 Table II. A table showing the amount of increase or decrease 
 in wage rate during the period of time worked for each employee 
 by the rate specified at the beginning of the period. 
 
 Card No. S, page 13. — Number obtained, 2,050. 
 
 Table I. — A table showing the number of years worked for 
 wages by the number of trades engaged in. 
 
 Table II. A table showing the number of years worked for 
 wages by the number of jobs held. 
 
 Table III. A table showing the number of years worked in 
 the present trade by the lines of work followed in the trade. 
 
 Scope of Investigation 
 
 49 
 
 • See Table Series XX, of the Statistical Appendix. 
 
 Table IV. A table showing the amount of time lost during 
 one year for industrial and personal reasons. 
 
 Table V. A table showing vacations and holidays for one year 
 and whether they were paid or taken at the worker's expense. 
 
 Table VI. A table showing seasonal variations in earnings. 
 
 In some cases, where the material permitted, other tables were 
 made. For mercantile establishments, a table showing commis- 
 sions and premiums, a table showing the average amount of sales 
 and a table showing regular working hours during the Christmas 
 season. 
 
 Card No. 9, page 14.— Number obtained, 2,050. 
 
 The tabulation of these cards was begun in this office, but was 
 later turned over to Dr. Streightoff. A description of the use of 
 this material will be found in the report on the standard of living. 
 
 Card No. 11, page 15. — Number obtained, 2,200. 
 
 Table I. A table showing the weekly wage of the principal 
 wage earner according to his occupation and business. 
 
 Table II. A table showing the occupation and business of the 
 principal wage earner according to the causes of dependency of 
 the family. 
 
 In each case separate tables are made for those families in which 
 the principal wage earner is a woman. 
 
 In addition to the regular tabulation certain special studies 
 were made of: 
 
 1. Piece rates in shirt factories, according to weekly output, 
 hourly output, and rates per hour. 
 
 2. Extra help in mercantile establishments according to time 
 worked per week and rate of wages. 
 
 3. Home workers for shirt factories. 
 
 4. Tables of number of years worked in the trade and actual 
 weekly earnings for two skilled occupations in each industry. 
 
 As was to be expected, the material obtained was not always 
 complete or satisfactory. The personal card (form No. 1) was 
 in many cases incompletely filled out. In mercantile establish- 
 ments particularly, many women, in answer to the question of 
 age, reported simply "over 21." It is probable also that in 
 
if; 1 
 
 50 
 
 Appendix IV — Wage Investigatiox 
 
 I 
 
 some cases where the exact age was stated it was not given 
 correctly. The age as given, however, can be taken to indicate 
 at least the lower limit. 
 
 The greatest difficulty was experienced in obtaining exact oc- 
 cnpations. In the case of stores, *' clerk" was frequently en- 
 tered and without further information it was impossible to say 
 whether it meant stock clerk, sales clerk, shipping clerk, or 
 office clerk. In the confectionery^ industry, "helper" was so 
 frequently given that it was necessary to classify this as a 
 separate occupation. In one instance the occupation was given 
 
 as " :Mr. 's assistant." As Mr. 's card was 
 
 not among those returned, the occupation of his assistant re- 
 mained somewhat doubtful. In a gum factory, " chocolate dip- 
 per" was given by one employee as her occupation. Upon in- 
 quiry it was discovered that this woman in the slack season had 
 taken an inferior position in a gum factory, but was actually a 
 chocolate dipper by trade. In a correlation of wages and occu- 
 pations it is of course necessary to get tlie exact nature of the 
 occupation for which the wage recorded was paid. This dif- 
 ficulty in obtaining information about the occupations of each 
 employee frequently made it necessars^ to make repeated visits 
 to the same establishment in order to verify the material. 
 
 Owing to the incomplete payrolls it was not always possible 
 in the establishments of inferior grade to obtain data in regard 
 to wages or employees for the previous twelve months. In the 
 majority of cases, however, data regarding total wages paid and 
 numl)cr of workers employed were obtained for each week for an 
 
 entire year. 
 
 In the case of all establishments, on the completion of the 
 tabulation, members of the firm were given an opportunity to 
 inspect and criticise the tables made for their individual firms. 
 
 11. MERCANTILE ESTABLISHMENTS 
 
 I. WAGES IN RETAIL STORES 
 
 Collection of Data 
 
 Early in December, 1913, the investigation of department 
 stores in New York City was begun. Our purpose was to study 
 these establishments when the number of their employees was 
 greatest. Because of objections raised by some of the merchauts 
 to the collection of personal information at that time, most of 
 the inquiry was postponed until after the holidays. But it was 
 thought better' to take the payroll for a week preceding Christ- 
 mas, even though many of the people concerned had subsequently 
 left, than to lose all the facts regarding the payment of this shift- 
 ing force. This explains why many store employees in New York 
 City are not classified otherwise than by weekly rates and earnings. 
 
 It should also \)o noted that immediately after the wage data 
 had been taken from the books of two larg stores, the firm that 
 owned them went into bankruptcy. It was therefore impossible 
 to secure the personal facts concerning the employees, because 
 the greater part of the force was dismissed and the receivers 
 could not give us access to their records. 
 
 Owing to the suspension of field work while the Legislature 
 was considering the continuation of the Commission, the collection 
 of wage data up-state was not done until May and June, 1914. 
 These differences in dates should be borne in mind when compar- 
 ing the earnings of persons in New York City and elsewhere in 
 the State. In case of the former, business was at its height, but 
 in other places trade was beginning to slacken with the approach- 
 ing summer, and so the earnings would naturally be lower, especi- 
 ally where piece rates or commissions were involved. It is unfor- 
 tunate that all the data could not have been taken at the same 
 time; but this difference may give some idea of fluctuation of 
 income with the changing seasons. 
 
 DrSTRTBUTIOX OF StORES 
 
 Despite these vicissitudes, we obtained wage data for nearly 
 70,000 employees in 143 stores located in 19 cities and villages 
 throughout the Stiite, distributed as follows: 
 
 1613 
 
 V ^ 
 

 1 
 
 52 
 
 Appendix IV — Wage Investigation 
 
 New York City 
 
 Buffalo 
 
 Rochester 
 
 Syracuse 
 
 Albany 
 
 UUca 
 
 Troy 
 
 Schenectady 
 
 1 1 third-class cities and yillacM 
 
 All places 
 
 09.933 
 
 These stores vary in size from small 5 and 10 cent shops, with 
 10 or 15 clerks, to the huge metropolitan establishments with 
 4,000 or 5,000 employees. In order to compare all these more 
 justly, we have distinguished the large downtown department 
 stores, the smaller neighborhood shops with their more limited 
 local trade, and the 5 and 10 cent stores with their peculiar 
 economy and stock-in-trade. Specialty shops have not been con- 
 sidered. True, the neighborhood store in a busy uptown shopping 
 center approaches very closely to the downtown store in a smaller 
 place. So we have not attempted to make this distinction save in 
 New York City and Buffalo. The number of stores of each 
 class included in this survey is shown below. 
 
 D apartment 
 stores 
 
 Neighborhood 
 stores 
 
 Five and tea 
 cent stores 
 
 70 
 
 31 
 
 it 
 
 FuNCTioNAi. Divisions 
 
 A big store is a complex piece of business organization, as Mr. 
 Baron's account hereafter set forth, will make clear. In order to 
 study such establishments thoroughly, we have been obliged to 
 divide them into different sections, according to the principal 
 function performed by each. Thus we have distinguished the 
 stock and sales division, the office, the delivery force, the manu- 
 facturing and repair shops, and finally the general plant help, 
 such as watchmen, janitors and engineers. These must be dealt 
 with in some detail in order to bring out differences in conditions 
 of work and wages. For purposes of comparison, we here present 
 the numbers involved and the proportion of persons in each 
 division of the different classes of stores. 
 
 Wages in Eetail Stores 
 
 TABLE I • 
 DumtBiTTioN or Explotees bt Kikd of Work and Type or Stobs 
 
 53 
 
 DnmioN 
 
 DEPARTMENT 
 
 NEIGHBORHOOD 
 
 FIVE AND TEN CENT 
 
 AM< STORES 
 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Stock and sales 
 
 Office 
 
 32.986 
 9.987 
 6,754 
 5.325 
 5.742 
 3.803 
 
 51 
 
 15 
 
 10 
 
 8 
 
 9 
 
 6 
 
 2.340 
 474 
 290 
 101 
 183 
 160 
 
 66 
 13 
 8 
 3 
 5 
 5 
 
 1.523 
 93 
 13 
 
 52 
 107 
 
 85 
 5 
 
 1 
 
 3 
 6 
 
 36.849 
 10.554 
 7.057 
 5,426 
 5.977 
 4.070 
 
 53 
 
 Delivery 
 
 15 
 
 Workshop 
 
 Plant. . 
 
 10 
 8 
 
 Unclassified.... 
 
 9 
 6 
 
 Total 
 
 64.597 
 
 100 
 
 3,5^18 
 
 100 
 
 1,788 
 
 100 
 
 69.933 
 
 
 
 100 
 
 Per eeal of all 
 
 92% 
 
 5% 
 
 3% 
 
 100% 
 
 th^Sb^Jt Sei^"^ specieed, the figures in all the tables are for establishments investigated 
 
 PERSONNEL 
 Sex 
 
 Out of 57,359 persons recorded by sex, 33,732 (nearly 5W) 
 are women and girls. The proportion of the sexes varies greatly in 
 different places. Thus in New York Oity there are 7 males to every 
 9 females employed in the stores; but in the smaller towns the 
 ratio is only 3 to 9. The up-state cities in general show fewer 
 men in mercantile establishments. Here at once appears a rea- 
 son for differences in wages, for as a rule women are paid less than 
 men. Consequently a large proportion of female help usually 
 means a low salary level for the business as a whole. 
 
 The character of the stores also affects the relative numbers of 
 men and women employed. Thus the following table shows that 
 large department and neighborhood stores have a much higher 
 ratio of male help than do five and ten cent establishments. 
 
 TABLE n 
 
 DWTBIBOTION or EMPLOYEES BT SeX AND CHARACTER Or StORES 
 
 Class or Stores 
 
 MAIM 
 
 rEMALE 
 
 BOTH 
 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Number l Per cent 
 
 Department stores 
 
 Neithborhood storas 
 
 and 10 cent storas 
 
 22.296 
 
 1.070 
 
 261 
 
 42.5 
 33.7 
 15.3 
 
 30,179 
 2.106 
 1.447 
 
 57.5 
 66.3 
 84.7 
 
 52.475 
 3.176 
 1,708 
 
 100 
 100 
 100 
 
 - * All stores 
 
 23.627 
 
 41.2 
 
 33.732 
 
 58.8 
 
 57,359 1 100 
 
54 
 
 Appejjdix IV — Wage Invkstioation 
 
 Wo have already remarked that the department stores of the 
 smaller towns are practically indistinguishable from the neighbor- 
 hood aimes of large cities. So that the predominance of women 
 in mercantile establishments up-state is partly explained by the 
 comparative ease and convenience of getting to and from work. 
 
 The reason for variation in the proportion of male and female 
 help is still more apparent when we compare the relative numbers 
 in different divisions of the business. Thus, the next table shows 
 the distribution by sex of those engaged in sales and stock rooms, 
 in offices, in the delivery of goods, in work shops, and in the care 
 of the plant 
 
 TABLE III 
 DuTRiBtJTioN or Employees bt Sex and Kind or Wor« 
 
 Division 
 
 MALE 
 
 rEMAUB 
 
 SOTH 
 
 
 NumVjcr 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Stock and sales 
 
 8.9i)7 
 2.681 
 6.412 
 1.5.34 
 3.984 
 
 28.6 
 28.7 
 98.4 
 34.9 
 70. 
 
 22.328 
 
 6.662 
 
 106 
 
 2,858 
 
 1.716 
 
 71.4 
 71.3 
 1.6 
 65.1 
 30. 
 
 31.295 
 9.346 
 6.518 
 4.392 
 5.700 
 
 100 
 
 Office 
 
 100 
 
 r)i»liverv .............. 
 
 too 
 
 SboDS 
 
 100 
 
 Plant 
 
 100 
 
 All divisions 
 
 23.581 
 
 41.2 
 
 33.670 
 
 58.8 
 
 67.261 
 
 100 
 
 As might bo expected, comparatively few women are employed 
 in shipping goods and in caring for the plant. In the shops also 
 the proportion of men is relatively large. But we have just seen 
 that these last three divisions are not very important in the smaller 
 stores. It is clear, therefore, that the number and character of 
 establishments chosen for enumeration has a marked effect upon 
 the proportion of male and female help enumerated, and so upon 
 the general level of wages found. On the whole, we have selected 
 the most important stores in each place, and so have taken the most 
 favorable basis for comparison. 
 
 Age 
 
 Turning now to the distribution of employees according to age, 
 we find similar variations. The following table shows the pro- 
 portion of persons by sex in each age group.* 
 
 • For detailed tables the reader is referred to the statistical appendix contained in volume III 
 of this report, where important points are analysed in tables showinji correlations for various 
 cities. It was thought best not to overload the descriptive summary with many figures which might 
 interest only a few persons. 
 
 Wages in Retail Stores 
 
 TABLE IV 
 Number and Peb cext or Emplotebs by Aob Groups and Sex 
 
 55 
 
 Sbx 
 
 children 
 under 16 years 
 
 YOUNQ PERSONS 
 16-20 YEARS 
 
 • 
 
 ADULTS 
 21 YEARS AND OVER 
 
 ALL AQES 
 
 
 Number 
 
 Per cent 
 of sex 
 
 Number 
 
 Per cent 
 of sex 
 
 Number 
 
 Per cent 
 of sex 
 
 Number 
 
 Per cent 
 of sex 
 
 Mais 
 
 678 
 1.504 
 
 3.3 
 5. 
 
 3.587 
 10.718 
 
 17.4 
 35 
 
 10.320 
 18,304 
 
 79.3 
 60 
 
 20.585 
 30,526 
 
 
 Female 
 
 100 
 
 
 100 
 
 
 1 
 
 2.182 
 
 Per cent 
 of total 
 
 14.305 
 
 Per cent 
 of total 
 
 34.624 
 
 Per cent 
 of total 
 
 51,111 
 
 Per c( nt 
 of tolal 
 
 Both sexes 
 
 4.2 
 
 28 
 
 67.8 
 
 100 
 
 It is clear from this presentation that the number of young 
 women and girls in stores is much greater than that for males of 
 similar age. Two-fifths of all females are under 21, whereas only 
 one-fifth of the males are minors. C'onversoly the proportion of 
 adult men is higher. Xearly one-third of all persons reported by 
 ago were under 21 years. 
 
 But these proportions differ considerably from place to place. 
 Thus the number of young persons in stores is relatively, as well 
 as absolutely, smaller in third class cities than in larger towns.* 
 The age groups vary in comparative weight also in different classes 
 of establishments, as shown herewith. 
 
 TABLE V 
 Distribution by Age and Sex Accordino to Character or Stores 
 
 
 Sex 
 
 department 
 
 STORES 
 
 NEIGHBORHOOD 
 STORES 
 
 5 AND 10 CENT 
 STORES 
 
 Aob Group 
 
 Number 
 
 Per cent 
 of all 
 ages 
 
 Number 
 
 Per cent 
 of all 
 ages 
 
 Number 
 
 Per cent 
 of aU 
 ages 
 
 Children under 10 
 years 
 
 Male.... 
 Female. . 
 
 645 
 1.473 
 
 3 
 5 
 
 22 
 22 
 
 2 
 1 
 
 11 
 9 
 
 4 
 1 
 
 ■ 
 
 Both.,.. 
 
 2.118 
 
 5 
 
 44 
 
 1 
 
 20 
 
 1 
 
 Young persons 16- 
 20 years 
 
 Male.... 
 Female. . 
 
 3.291 
 8.845 
 
 17 
 33 
 
 219 
 964 
 
 23 
 47 
 
 77 
 900 
 
 31 
 M 
 
 ■ 
 
 Both.... 
 
 12.136 
 
 26 
 
 1.183 
 
 39 
 
 986 
 
 60 
 
 Adults 21 years and 
 over 
 
 Male 
 
 Female. . 
 
 15.436 
 16,744 
 
 80 
 62 
 
 724 
 
 1.076 
 
 75 
 fi2 
 
 160 
 484 
 
 65 
 94 
 
 1 
 A C. Oa. a.' a* ■ > 
 
 Both....l 
 
 32.180 
 
 69 
 
 1,800 
 
 60 
 
 644 
 
 39 
 
56 
 
 Appendix IV — Wage Investioatiom 
 
 Wages m Retail Stores 
 
 67 
 
 
 This table makes it clear that the larger stores employ many 
 more children (especially girls) and older persons (especially 
 men) than smaller establishments. On the other hand, the five 
 and ten cent stores are remarkable for the large proportion of 
 young persons eugaged, over half the force being composed of 
 young women between 16 and 21 years of age. Neighborhood 
 stores appear to stand between the other two in all respects. 
 
 Such differences in age have their effects upon wages, because 
 maturity and experience are usually considered in estimating the 
 value of an employee's services. If, therefore, one group of stores 
 can use young, untrained girls, whereas another must employ 
 many mature men and women, we should expect the latter to 
 pay higher. This wg shall find to bo the case. 
 
 The relation between ago and wage appears more clearly when 
 we consider the kind of persons engaged in the various occupations 
 in a retail store. For instance, we know that superintendents and 
 buyers are usually persons of mature years, whereas messengers 
 and stock handa are, as a rule, mere youngsters. On the other 
 hand, salespeople may bo almost any age, from the little girl who 
 hands out papers of pins, to the elderly gentleman who advises 
 on the selection of Persian rugs. In the same way, bookkeepers 
 and clerks in the office vary widely in age ; but stenographers and 
 telephone operators, cashiers and auditors, are generally very 
 young women. So in the delivery force, the wagon helpers are 
 much younger than the run of drivers and packers. Craftsmen, 
 mechanics and janitorial helpers are usually persons in middle 
 
 life. 
 
 The following table shows tlio distribution by age groups in 
 
 the various divisions of store service: 
 
 M 
 « 
 
 
 o 
 
 K 
 
 S 
 
 at 
 
 8 
 
 > < 
 
 n w 
 
 H 
 O 
 
 < 
 
 m 
 
 K 
 
 o 
 
 A. 
 
 o 
 
 H 
 
 m 
 
 H 
 
 ■J 
 
 H 
 
 In 
 O 
 
 8 
 
 8=3 8 
 
 
 S=38 
 
 PV 
 
 JJ 
 
 4> o « 
 Pi 
 
 s 
 
 «> o ■ 
 
 04 
 
 I 
 2 
 
 S «8 at 
 
 cgosr 
 Pi 
 
 a 
 
 9 
 
 M 
 
 •O 
 
 M 
 
 r» o 
 
 00 
 
 00 
 
 ss 
 
 CO r* 
 
 88 
 
 8 
 
 
 
 •O 00 
 CO 00 
 
 CO t-< 
 
 S5 
 
 eo 
 
 CO 
 
 ■4 00 
 
 eo 
 
 00 
 
 00 
 
 M 
 
 <0 M 
 
 00 
 CO 
 
 
 
 CO r* 
 
 •36 
 
 o 
 
 to e^ 
 
 (N CO 
 
 t-> «o 
 
 CO »-• 
 
 o 
 
 CO 
 
 »o 
 
 s 
 
 sg 
 
 88 
 
 2 
 
 o 
 
 CO 
 
 s? 
 
 <o eo 
 
 ^ «o 
 
 CO o 
 
 CO 
 CO 
 
 CO 'Jt 
 
 00 t« 
 
 «o 
 
 CI 
 
 00 
 
 CO 
 
 •o CO 
 
 IN ■* 
 
 CO 
 
 csi 
 
 88 
 
 o 
 o 
 
 c* 
 
 Si 
 
 a> CO 
 
 CO 
 
 co" 
 
 § 
 
 CO 
 
 N »0 
 
 CO 
 
 00 o 
 
 2 
 
 
 to 
 
 ^ "O 
 
 •o 
 
 M MS 
 
 ^ CO 
 CO C4 
 
 CO 
 
 o 
 o 
 
 CO 
 
 ss 
 
 -^ en 
 
 00 
 <o 
 
 0> CO 
 ■O IC 
 
 >o eo 
 
 •o 
 
 »-• eo 
 
 CO 
 oi 
 
 CI 
 
 o 
 
 00 
 
 
 00 
 
 00 00 
 
 ^ CO 
 
 CO 
 CO 
 00* 
 
 o 
 o 
 
 o 
 o 
 
 ^ lO 
 
 ^ CO 
 «0 r-* 
 
 CO 
 
 a" 
 
 JO 
 
 -a s 
 
 N O 
 
 ■* 1-1 
 
 00 
 
 S 
 
 •o 
 oo" 
 
 CI 
 
 o 
 
 
 J3 
 O 
 
 
 o 
 
 n 
 
 S 
 ^ 
 
 K 
 
 O >» 
 
 o 
 
 a 
 
 5 
 
 V 
 
 >» 
 w 
 
 9 
 
 i 
 
III 
 
 58 
 
 Appendix IV — Wage Investigation' 
 
 Wages in Retail Stores 
 
 59 
 
 It is clear from these figures that the stock, sales and office 
 divisions employ most of the children (especially girls) as mes- 
 sengers, and a few boys are used on tlie wagons. The great mass 
 of young women arc salespersons, office clerks and cashiers, while 
 the men are mostly salespeople, delivery hands and janitorial help. 
 
 In general, any department that uses many young persons will 
 show a lower level of wages than one that requires older heads; 
 and the relative numlxjrs of adult and minor workers will in largo 
 measure determine the mean scale of payment in any establish- 
 ment. Although this may appear perfectly obvious, the principle 
 should not be forgotten in studying the following comparisons 
 between wages in different occupations. The reader must always 
 consider whether we are comparing the same kind of persons. If 
 not, a difference in efficiency may be granted as an explanation 
 of variation in rates of pay. 
 
 Nativity 
 Birth and parentiige also influence wages. Ability to speak 
 good English or to sell to foreign customers is an important qualifi- 
 cation in many stores. Besides, the traditional standards of com- 
 fort vary among different nations, and their representatives can 
 use the same wages in diverse manners of living. 
 
 Fifty-two thousand and ten persons in the stores were recorded 
 according to nativity. Of these, 10,374 (nearly one-fifth of all) 
 were reported as foreign born. Almost every western nation is 
 represented. English speaking people predominate among the im- 
 migrants, constituting 55^ of the whole number. The Irish are 
 the most numerous (30;^), followed in order by Germans 
 (12.4^), English (11.7j^), Kussians (8.5;i^), and Canadians 
 (7.4^). Italians (G.G,'^), Austro-Hungarians (C.3^), and natives 
 of the West Indies (1.4;i^) are found mostly among the plant help. 
 Of course these proportions reflect somewhat the general com- 
 position of the local population, and the totals vary according to 
 the number of persons scheduled in each place. Thus New York 
 City, where foreigners are most numerous, furnished nearly three- 
 fourths of the data. Here 22^ of all employees are immigrants. 
 In Albany, Troy and the smaller cities, however, only 1^ of store 
 hands are of foreign birth.* 
 
 • See Stotistical Appendix. Table 2, (or distribution nccording to loeaUty. 
 
 The following table shows the distribution of persons for whom 
 age and sex, as well as nativity, were recorded. 
 
 table VII 
 DiaroiBtrriON bt Age and Sex Accordikq t3 Nativity 
 
 Aas Gboup 
 
 
 Sex 
 
 NATIVE 
 
 FORSION 
 
 
 Number 
 
 Per cent 
 of all ages 
 
 Number 
 
 Per cent 
 of all ages 
 
 Children under 16 years 
 
 1 
 
 • • • * 
 
 Male 
 
 Female... 
 
 608 
 1.350 
 
 4. 
 5. 
 
 62 
 139 
 
 1. 
 3.7 
 
 
 Both 
 
 1.964 
 
 4.8 
 
 201 
 
 2. 
 
 Young persons. 10-20 years 
 
 ■ ■ • 
 
 Male 
 
 Female... 
 
 3,079 
 9,710 
 
 22. 
 36.5 
 
 490 
 940 
 
 7.6 
 24.8 
 
 
 Both 
 
 12,789 
 
 31.5 
 
 1.430 
 
 14. 
 
 Adults, 21 years and over 
 
 • • • ^ 
 
 Male 
 
 Female... 
 
 10,339 
 15,508 
 
 74. 
 
 58.5 
 
 5.908 
 2.711 
 
 91.5 
 71.6 
 
 
 Both..... 
 
 25.847 
 
 63.7 
 
 8.619 
 
 84. 
 
 AUaces 
 
 J 
 
 Male 
 
 Female... 
 
 14.026 
 26,574 
 
 100 
 100 
 
 6.460 
 3.790 
 
 100 
 100 
 
 — '■ 
 
 Both 
 
 40.600 
 
 100 
 
 10,250 
 
 100 
 
 It is noteworthy that whereas nearly two-thirds of the natives are 
 females, among the foreign born women and girls constitute only 
 three-eighths of the whole number. The proportion of adults of 
 both sexes among immigrants is much greater than among our 
 own country people. Still we see a considerable influx of young 
 foreign girls into the stores. The men, however, predominate. 
 
 ^ The distribution of foreign-born employees among the various 
 divisions in the different classes of stores is shown in the fol- 
 lowing table: 
 
 table VIII 
 
 DiaTRIBOTION or FOREIQN BOBN ACCORDINQ TO ClA88 OP StORE AND KiND OF WoRK 
 
 DlVUIONS 
 
 DEPARTMENT 
 STORES 
 
 NBIUHBOKIIOOD 
 SrOHKS 
 
 5- AND lO-CENT 
 SrORBS 
 
 ALL STORES 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 Stock and sales 
 
 Office 
 
 2.190 
 424 
 940 
 716 
 
 1,884 
 
 1.897 
 
 485 
 
 6 
 
 572 
 
 573 
 
 191 
 20 
 30 
 19 
 44 
 
 187 
 30 
 
 10 
 8 
 
 26 
 2 
 
 11 
 
 — 
 
 111 
 2 
 
 6 
 
 2,407 
 446 
 970 
 735 
 
 1,G39 
 
 2,195 
 
 Delivery 
 
 617 
 
 Shop« 
 
 6 
 
 Plant 
 
 582 
 
 
 587 
 
 All divisions 
 
 6.0M 
 
 3.533 
 
 304 
 
 235 
 
 39 
 
 119 
 
 6,797 
 
 3,887 
 
GO 
 
 Appendix IV — Wage Investigation 
 
 III- 
 
 
 This presentation makes it plain that the greatest number of 
 newcomers are in the stock and sales divisions of the largo stores. 
 Next to these come the caretakers of Uie same class of establish- 
 ments. Later on, wo shall analyze their occupations more ex- 
 haustively. Here it is sufficient to indicate the general lines in 
 which they are engaged. 
 
 Conjugal Condition 
 
 Nearly three-quarters of all store employees are unmarried. 
 The youth of so many partly explains this fact. Among the 
 women especially, married persons are comparatively rare — 
 one in seventeen. They appear to be less numerous than 
 widows, although the latter group may contain some divorcees 
 and women abandoned by their husbands. The men more nearly 
 approach the proportions of married and single in the general 
 population. The following table shows, however, that the stores 
 are manned principally by single people. Nevertheless, nearly 
 half the men and over one-fourth of all persons may be assumed 
 to have some responsibility toward the support of others. 
 
 table IX 
 
 CoNjTTGAL Condition bt Sex 
 
 
 MAUI 
 
 FKMALB 
 
 both 
 
 CoNJTTOAL Condition 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Single 
 
 10.566 
 
 9.074 
 
 £55 
 
 89 
 
 52.2 
 
 44.8 
 
 2.7 
 
 .2 
 
 27.023 
 
 1.815 
 
 1.996 
 
 130 
 
 87.3 
 
 6.9 
 
 «.4 
 
 .4 
 
 37.589 
 
 10.889 
 
 2.551 
 
 109 
 
 73.4 
 
 Married 
 
 21.3 
 
 Widowed 
 
 5.0 
 
 Divorced 
 
 .3 
 
 
 
 Total 
 
 20.234 
 
 100 
 
 30.964 
 
 100 
 
 51.198 
 
 100 
 
 
 
 These proportions vary with different classes of establish- 
 ments. For instance, the ratio of single persons is much higher 
 in 5 and 10 cent stores, especially among women. This moans 
 that girls who live at home can get along on wages that would 
 scarcely support them independently and which wonld not enable 
 them to sustain other persons. 
 
 Wages im Eetail Stokes 
 
 61 
 
 Occupations 
 The various occupations embraced in the business of a great 
 department store are almost as numerous as the kinds of goods 
 sold. The mere enumeration of all the vocations discovered in 
 connection with this survey would fill a small pamphlet. We 
 have already indicated the main divisions of the force, and tho 
 statistical appendix contains a series of tables giving the prin- 
 cipal occupations under each head.* 
 
 For purposes of convenience wo herewith present a condensed 
 list of the more important classes of workers, referring the 
 reader to the preceding analysis of store organization for a 
 description of their respective functions. Most of the terms are 
 self-explanatory, the purpose being merely to designate the occu- 
 pation rather than to define it accurately. Obviously some 
 groups, as "shop hands" and "mechanics" embrace scores of 
 specialized lines. Our idea hero is to show the kind of people 
 engaged m retail mercantile establishments, without attempting 
 an exhaustive classification. 
 
 The careful reader will also notice that some of the figures 
 given m this part of the report do not agree exactly with those 
 presented in the complete distribution tables, nor do all the totals 
 check. The reason for these discrepancies is that we here wish 
 to emphasize the main outstanding facts. Doubtful cases and 
 those incompletely recorded are not included in these totals 
 The statistical investigator will therefore wish to study the final 
 tables. With this explanation we may now consider the number 
 and character of the workers as presented in the accompanying 
 scneciule. 
 
 • See Sutirtioal Appendix, Tables VII.A-IX A 
 
I i 
 
 •1 
 
 G2 Appendix IV — Wage Investigation 
 
 TABLE X 
 DisTRiBimox OF Emplotebs bt Occupation Accobdino to Aob akd Natttitt 
 
 Wages in Retail Stores 
 
 Occupations 
 
 NUMBERS 
 
 AGE op 
 MAJORITT 
 
 Total 
 
 2. 
 
 3. 
 4. 
 5. 
 6. 
 
 7. 
 8. 
 
 9. 
 
 Superintendent 
 and buyers 
 
 Assistant buyers 
 and floor man- 
 agers 
 
 Salespeople 
 
 Stock hands 
 
 Messengers 
 
 Confidential and 
 advertising 
 help 
 
 Bookkeepers .... 
 
 Clerks and cash- 
 
 379 
 
 1.676 
 
 20,351 
 
 3,402 
 
 3.957 
 
 396 
 879 
 
 Male 
 
 Fe- 
 male 
 
 10. 
 11. 
 
 12. 
 
 13. 
 14. 
 15. 
 16. 
 
 17. 
 18. 
 19. 
 20. 
 
 lers 
 
 Stenographers 
 and telephone 
 operators 
 
 Auditors 
 
 Packers and ship- 
 pers 
 
 Drivers and 
 chauffeurs 
 
 Wagon boys 
 
 Stablemen 
 
 Shop hands 
 
 Foremen and 
 forewomen. . . . 
 
 Mechanics 
 
 Janitorial force. . 
 
 Personal service. . 
 
 General labor. . . . 
 
 All occupations. 
 
 5,956 
 
 829 
 732 
 
 1.493 
 
 1.449 
 
 1.351 
 
 320 
 
 3.992 
 
 140 
 
 825 
 
 2.442 
 
 1.726 
 
 125 
 
 286 
 
 1.046 
 4.594 
 1.687 
 1.142 
 
 319 
 265 
 
 93 
 
 630 
 
 15,757 
 
 1.715 
 
 2.815 
 
 Male 
 
 30-55 
 
 30-55 
 25-45 
 18-40 
 14-20 
 
 Fe- 
 male 
 
 NATIVITT 
 
 Native 
 
 Male 
 
 77 18-40 
 614 21-40 
 
 1,687 4,269 
 
 52,420 
 
 35 
 
 67 
 
 1.436 
 
 1.449 
 
 1,351 
 
 320 
 
 1,397 
 
 137 
 825 
 2,135 
 466 
 125 
 
 794 
 665 
 
 67 
 
 21-40 
 
 18-25 
 18-35 
 
 21-45 
 
 20.769 
 
 21-40 
 16-25 
 30-55 
 2.505 25-55 
 
 30-55 
 25-45 
 25-55 
 21-40 
 21-45 
 
 307 
 1.260 
 
 31,651 
 
 25-40 
 
 25-40 
 18-30 
 16-20 
 14-18 
 
 21-35 
 18-30 
 
 18-25 
 
 18-25 
 16-25 
 
 16-25 
 
 Fe- 
 male 
 
 21-45 
 
 21-40 
 
 30-45 
 
 30-55 
 21-40 
 
 200 
 
 777 
 3.102 
 1,237 
 
 030 
 
 247 
 211 
 
 1.385 
 
 34 
 54 
 
 1.010 
 
 1.275 
 
 1.211 
 
 02 
 
 655 
 
 105 
 481 
 017 
 113 
 80 
 
 Foreign 
 
 Male 
 
 80 
 
 550 
 
 13.034 
 
 1.562 
 
 2.534 
 
 65 
 
 568 
 
 3,884 
 
 718 
 613 
 
 53 
 
 1.980 
 
 161 
 809 
 
 75 
 
 260 
 
 1.464 
 
 432 
 
 105 
 
 eo 
 
 52 
 293 
 
 1 
 13 
 
 416 
 
 167 
 128 
 228 
 735 
 
 30 
 
 342 
 
 1.204 
 
 348 
 
 45 
 
 Fe- 
 male 
 
 11 
 
 67 
 
 1.723 
 
 14S 
 
 25^ 
 
 10 
 41 
 
 346 
 
 70 
 
 47 
 
 582 
 1 
 
 18-30 
 
 14.134 
 
 27.531 
 
 6,497 
 
 145 
 441 
 
 3,885 
 
 Under the column of occupations wo have combined similar 
 lines of work when they are performed by persons of about the 
 same age and are paid at rates that do not usually differ greatly. 
 Thus No. 2 includes besides assistant buyers, heads of stock and 
 floor managers. Number 5 includes cash girls, errand boys and 
 bundle wrappers. The last group is, of course, more skilled 
 than ordinary messengers. Number 6 comprises secretaries, ad- 
 vertising agents and detectives. Number 19 is used to designate 
 attendants, waitresses, manicurists, nurses and all who perform 
 similar functions. 
 
 g:j 
 
 Upon inspection of the table, one can readily see the numeri- 
 cal importance of the several occupations, the preponderance of 
 male or female employees, the age limits of the majority of each 
 sex,* and the nativity of all whose birthplace was given. Few 
 words are necessary to explain the figures. 
 
 We may call attention to the great numbers of salespeople, 
 clerks, shop hands, messengers and janitors. The last group and 
 the people engaged in manufacture are often overlooked in con- 
 sidering mercantile economy. In most lines, except general ad- 
 ministration, delivery and janitor service, female employees pre- 
 ponderate. Notice should also be taken of the large number of 
 girls employed as auditors, and of women who serve as kitchen 
 help. 
 
 The age classification appears to be obvious. As to nativity, 
 we need only remark the preponderance of foreign men in the 
 rougher work of stable, shop and plant service. The total for 
 each column is given to aid comparison. As stated before, cases 
 not recorded according to these classifications have been elimi- 
 nated. 
 
 Of course, this is a conspectus of the entire State. The num- 
 ber and character of employees vary from place to place and 
 from store to store. As already indicated, five and ten cent 
 stores have no shops, a small shipping force and comparatively 
 few office clerks. The smaller department stores also fall below 
 their huge competitors in these respects as well as in their pro- 
 portion of plant help. So it must be remembered that we are 
 here dealing with a group of people in which the personnel of 
 the large New York City stores outweighs all the other elements. 
 
 Rates 
 The accompanying table shows the weekly rates of payment 
 quoted for 69,145 persons in stores throughout the State. Nearly 
 62,000 were designated by sex and occupation; for the others 
 these items were doubtful or lacking. For a fuller analysis by 
 locality, class of establishment and division, the reader is re- 
 ferred to the appended tables. Several points, apparent from 
 the figures giv en may here be emphasized. 
 
 ex*rSM o?'^u[h »n? »i'® ^r^" T*?^ ^'*1 occupation group were taken, thus eliminatinir the 
 exwmea of youth and ag3. These limits arc knowp statistically m the first and third quarfiles 
 
64 
 
 Appendix IV — Wage Investigation 
 
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68 
 
 Appendix IV — Wage Investigation 
 
 Wages in Retail Stobes 
 
 lu 
 
 Taking up the occupations in order, we note that the majority 
 of male superintendents and buyers receive over $30 a week. 
 We have records of several whose annual salaries exceed $10,000 
 a year. On the other hand, we know of persons receiving $15 
 and less, who do the buying for small stores. The men in this 
 class who receive less than $20 are usually either managers in 
 such establishments or persons in subordinate positions who en- 
 joy high sounding titles, as, Assistant Superintendent in the 
 Wrapping Department Women, obviously, are not numerous in 
 these lines and receive less than the men. The majority range 
 from $14 to $35. Some of the apparently low paid persons in 
 this category are interested in the business and draw only a 
 nominal salary, but share in the profits. 
 
 In the next grade, men again predominate. Most male as- 
 sistant buyers, floor managers, and heads of stock, receive from 
 $18 to $30 a week; women usually get from $10 to $20 for the 
 same kind of work. 
 
 Turning now to salespeople, we find the rates for most males 
 range from $12 to $20; for females from $6 to $10. The low 
 paid saleshands are mostly junior help or assistants in smaller 
 shops. It should be remarked that many salespeople receive 
 commissions in addition to their weekly rates. These figures do 
 not therefore indicate the full earning capacity of such persons. 
 
 The majority of male stock hands range from $6 to $14; 
 women and girls, from $4 to $7. Most boy messengers and 
 bundle hands get from $4 to $7 ; girls, from $3.50 to $5. The 
 higher paid employees in this division are older persons having 
 special tasks involving some responsibility, or are subordinates 
 in charge of part of the work. 
 
 In the office division, the run of special and confidential male 
 clerks is quoted all the way from $10 to $30; women in the 
 same position may ordinarily expect to rise to about $20. Most 
 male bookkeepers get from $12 to $20; women, $7 to $12. The 
 low paid persons entered in this class are sometimes office as- 
 sistants who are called bookkeepers, or who have only a small 
 amount of entering to do. 
 
 69 
 
 The greater number of male clerks and cashiers receive from 
 $10 to $18 ; girls, from $5 to $8. The work in this class varies 
 widely, from tending tubes to balancing financial accounts, and 
 is paid accordingly. These figures merely indicate the general 
 level of wages for the majority of the group. Detailed distri- 
 butions are shown in other tables. 
 
 To complete the account of the clerical occupations, we may 
 note that most male stenographers and telephone operators re- 
 ceive from $8 to $15. The two very low paid persons recorded 
 are two boys who are beginning their respective business careers 
 by answering the 'phone and by practicing shorthand. Such 
 work is usually performed by young women, the majority of 
 whom are hired at from $6 to $10 a week. Men auditors 
 usually receive from $9 to $18; girls who check the sales slips 
 get from $4 to $7. The special meaning of the term " auditor " 
 in department stores has already been pointed out Higher paid 
 persons in this class approach more nearly to the usual definition 
 of accountant 
 
 Considering next the delivery force, we find that most men 
 packers and shipping clerks get from $10 to $14. The few 
 girls engaged in this line range as a rule from $6 to $9 a week. 
 More than half the drivers and chauffeurs receive $15 or $16. 
 The wagon boys center at $8, and a dollar more or less will cover 
 the wages of the majority of them. Stablemen usually get from 
 $12 to $14. 
 
 In the shops, we find male workers usually receive from $14 
 to $20 ; and women, $8 to $14. Foremen range higher, ordina- 
 rily, from $16 to $30. Mechanics, carpenters and decorators, 
 who work about the plant, expect from $15 to $20 a week. Ap- 
 prentices and helpers, of course, get less. 
 
 The huge janitorial force includes all kinds of persons from 
 scrubwomen to head janitor. It is therefore difficult to fix gen- 
 eral rates; but for the majority of men, from $10 to $14, and 
 for women $6 to $8 are the mean levels. Personal service also 
 comprises vocations as different as dishwasher, chef and 
 optician.* For men the ordinary range is from $6 to $15; for 
 
 • See statistical Appendix. Table No. 61. 
 
1 1 
 
 70 
 
 'Appendix IV — Wage Investigation 
 
 women, $4 to $7. It is true that many of these do not give full 
 time, although they are r^ularly employed during certain hours. 
 General male labor is quoted at $9 to $12. 
 
 To sum up the whole matter: — Of all males whose occupations 
 are given, more than half receive less than $14 a week. Of the 
 women and girls, similarly recorded, over 50 per cent get less 
 than $7.50. The proportions receiving lower rates can be seen 
 in the final columns of the tabla The general proportions by 
 larger wage groups are shown in the accompanying graph. 
 
 It should be noted that these figures do not include extra or 
 part time help. We have mentioned the fact that employees 
 who left the New York stores after the Christmas season could 
 not be identified by sex and occupation ; but for these we have 
 rates and actual earnings. The same is true of all employees in 
 stores where personal data could not be obtained. Of over 17,- 
 000 thus included, we find that half of all received less than $9, 
 and a quarter less than $6.50. These rates are lower than those 
 for the same proportions of all employees previously enumerated. 
 We may also add that the rates for persons displaced after 
 Christmas were lower than for the entire 17,000, which included 
 also r^ilar employees in certain stores. Doubtless many of the 
 former were saleswomen and delivery help. We wish to call 
 special attention to these facts in order that the character and 
 use of all data collected may be understood. 
 
 We should expect that rates would vary from place to place, 
 throughout the State. This is brought out in Table 3 of the 
 statistical appendix. For instance, it is there shown that 
 whereas in New York City 15 per cent of the female help is 
 paid less than $5 and 27 per cent, $10 or over, in the smaller 
 cities only 11 per cent of the female employees are paid under 
 $5 and 26 per cent are paid $10 or more. 
 
 It is also true that the rates vary for different classes of estab- 
 lishments.* The following proportions of all persons of each 
 sex receiving rates below $8 may serve to illustrate: 
 
 * See SUtiatical Appendix. Tables Nos. 5. 7 and 0. 
 
 1 
 
 
 Wages in Eetail Stores 
 
 71 
 
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72 
 
 Appendix IV — Wage Investigation 
 
 Department stores. . 
 Neighborhood stores 
 5 and 10 cent stores 
 
 Males 
 
 14.4% 
 
 21.6% 
 20.9% 
 
 Females 
 
 62.6% 
 68.4% 
 98.8% 
 
 It is also well known that rates for the same occupation in 
 similar stores vary. Take for example the following distribu- 
 tion for saleswomen in two large department stores in Manhat- 
 tan: 
 
 Establishment A. 
 Establishment B . 
 
 t'ndcrSS 
 
 .6% 
 
 $6-99.99 
 
 86.2% 
 14.3% 
 
 910- 
 914.99 
 
 12.7% 
 43.9% 
 
 916 and 
 over 
 
 1.6% 
 41.8% 
 
 To be sure there is some difference in the ages of the women 
 and in the lines of goods sold. But if two stores in the same 
 community can do business upon such a different wage scale, 
 many of the advantages of high and of low paid help must be 
 purely a matter of preference with the firms. 
 
 Age also affects the earning capacity of employees. We 
 should not expect young girls or old men to be worth as much as 
 persons of maturity and vigor. The accompanying table shows 
 the distribution of rates by age periods for each sex. 
 
 Perhaps the most striking feature of this table is the fact 
 that more than one hundred adult men and more than three 
 thousand women eighteen years of age and over are recorded as 
 paid less than six dollars a week. This appears so remarkable 
 that an explanation is in place. 
 
 Regarding the low paid men, we may say that some of them 
 are kitchen help, who receive meals in addition to their salary, 
 and waiters who make in tips more than their regular wages. 
 Other men are clerks who put up orders on a commission which 
 adds materially to their flat rate of four or five dollars a week. 
 
 As for the women, the same explanation holds regarding 
 kitchen and pantry help. Other low paid girls are beginners in 
 various lines, especially millinery, and receive little or nothing 
 until they learn the trade. But we also find many adult women 
 in office, stock and fjales departments in smaller stores, who receive 
 salaries of $5 or less. 
 
 II 
 
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 Wages in Retail Stobes 
 
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 Appendix IV — Wage Investigation 
 
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 Wages in Retail Stores 
 
 75 
 
 The accompanying graph shows the general tendency of wages 
 to vary with age. The median rate for each age group haa been 
 plotted, and the trend after 65 has been indicated. The figure 
 shows that wages for males tend to rise rapidly until about 30, 
 then less rapidly until 45, after which they appear to decline 
 steadily. Girls begin at lower rates and do not rise as rapidly as 
 boys. The wages of women continue to mount slowly until about 
 40 and then gradually fall off. The differences between the 
 sexes at all ages are apparent 
 
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 76 
 
 Appendix IV — Wage Investigation 
 
 What the drawing means in a word is this: The majority of 
 male employees in stores never get as much as $17, and half the 
 women cannot rise to $11 a week. The great mass of girls are 
 making $5 or $6, and the ordinary man does not re<ich the $16 
 level imtil he is over 30. 
 
 It is plain from the figures in the preceding table that after 25 
 years of age people begin to drop out more and more rapidly. 
 This is especially true of women. So that those who remain to 
 reap the rewards of maturity are a constantly dwindling band. 
 Tables numbered V in the appendix give the distribution for dif- 
 ferent kinds of stores. 
 
 Actual Earnings 
 
 As already explained, the amounts received by store employees 
 in their pay envelopes for one week were also entered, in order to 
 compare actual earnings with rates quoted. It should be noted 
 that the time chosen in New York City — a week in December — 
 is the period when the earnings of salespeople are highest because 
 of the volume of trade served before Christmas. The accom- 
 panying table shows the amounts for each occupation according to 
 sex, together with the numbers of unclassified help, totals and 
 cumulative per cents. 
 
 At first glance this table seems to be practically identical with 
 the preceding one on rates ; but a brief examination discloses dif- 
 ferences. Although the numbers recorded are virtually the same 
 (except for shop hands and mechanics, some of whom are paid 
 on a piece rate basis) the proportion of all persons who received 
 a given amount is not the same as the per cent of employees for 
 whom this rate was quoted. The total number of persons who 
 received small amounts is much greater than the number entered 
 at the lower rates. 
 
 For example, only 99 persons were quoted as receiving a weekly 
 rate of less than $3 ; but 2,040 persons actually received sums less 
 than this amount. Eighteen per cent of all employees were 
 quoted at rates under $6 ; but 23 per cent got less for the week 
 recorded. On the other hand the proportions at $8 and over are 
 practically the same. This point is worth noting, since it shows 
 that the low paid employees are the ones who suffer most from 
 deductions. 
 
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 78 
 
 Appendix IV — Wage Investigation 
 
 
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 Wages in Ketail Stobes 
 
 81 
 
 Examining the table of earnings more closely, we find that the 
 highest percentages of persons receiving very small amounts are 
 found among the unclassified help, who left the New York City 
 stores after Christmas. Since their rates do not run so low as 
 those for the female help retained, we may assume that some of 
 these shifters did not work a full week. 
 
 But turning to the employees classified by occupation and sex, 
 we note that among them also the numbers and per cents of all 
 receiving small amounts are greater than those entered for these 
 rates. For instance, only 10 male and 75 female employees were 
 reported as receiving rates under $3; but 138 males and 558 
 females actually received less for the week recorded. Sixty-two 
 per cent of all women and girls for whom rates were given were 
 supposed to receive less than $9 per week; but we find that the 
 actual earnings of 67 per cent of all females fell below this figure. 
 The flat rates and actual earnings of male employees run more 
 nearly parallel. 
 
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 variations. For instance, among salespeople we note the same 
 tendency for actual earnings to fall below expected rates, especi- 
 ally under $6 for women and girls. On the other hand we find 
 that the proportion of women receiving $13 or over and of men 
 receiving $16 or more is larger than we should expect from the 
 numbers recorded at these higher rates. This must be explained 
 by commissions or extra pay in addition to regular salaries. Sim- 
 ilar variations may be found among packers and delivery hands. 
 
 The difference between rates and actual earnings can be brought 
 out by showing their correlation with age. The following table 
 shows that there are more persons at all ages who receive low 
 amounts than are entered for such rates. For instance, 138 adult 
 men and 3,337 women 18 years of age and over were quoted at 
 rates under $6 ; but 241 men and 4,388 women actually received 
 less than this amount. The calculated median earnings for all 
 ages run slightly below those for rates except for men over 30. 
 
il 
 
 82 
 
 Appkndix IV — Wage Tnvestioat 
 
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 ^?5eo^'«<«io«o««t»»*opo»o^cieo'^«o«oooo»oo»oo 
 
 ^ ^ ^ rH ^4 v4 v4 w4 wrf *^ M ^a f^A M\ 2 
 
 C4 CO CO <«• 
 
 1 
 O 
 
 a 
 
84 
 
 Appendix IV — Wage Investigation 
 
 Commissions, Premiums and Bonuses 
 In 29 stores payments in addition to regular weekly rates were 
 entered. These vary in character from a percentage on all sales 
 or on those above the department average, to premiums for push- 
 ing certain kinds of stock or for discovering errors. In other 
 places salespeople are given extra amounts during the holiday 
 rush. Payment for overtime is fairly common among the de- 
 livery force. 
 
 Not only does the basis of premiums and commissions differ, 
 but also the class of persons who are eligible to receive additional 
 amounts. In some places all salespeople are included ; in others 
 only those in certain departments, who make most of their salaries 
 on commissions. 
 
 The periods for which these payments are calculated differ 
 widely too. Some additions are paid weekly, while others are 
 reckoned for a whole season. Wherever these supplementary 
 amounts were found, they were reduced so far as possible to a 
 weekly basis and added to the regular wages. 
 
 Ko general system of supplementary earnings can be said to 
 prevail among the establishments investigated, and any attempt 
 to give an account of the methods in vogue would necessitate 
 a description of all the plans in use. For the sake of 
 brevity, therefore, it seemed better to illustrate the effects of a 
 generous commission on wages, rather than to enumerate in detail 
 all the variations from this cause. The following example pre- 
 sents a comparison between rates quoted and amounts received by 
 salespeople in a store which gives 1 per cent commission on ail 
 sales. It should be remarked that this is an unusually large com- 
 mission, and that it was computed for one of the busiest weeks in 
 the year. 
 
 According U) these distributions it is evident that the commis- 
 sions raised the earnings of salesmen about 42 per cent and 
 those of saleswomen nearly 54 per cent. "But it is also clear 
 that the flat rates for both are fixed low to allow for the extra 
 earnings. 
 
 Wages in Retail Stores 
 
 85 
 
 table XV 
 
 Effect of Commissions on E.vrninqs as Compared with Flat Rates 
 
 
 MALE 
 
 FEMALE 
 
 Amounts Per Week 
 
 Distribu- 
 tion by 
 ratres 
 
 Distribu- 
 tion by 
 earnings 
 
 Distribu- 
 tion by 
 rates 
 
 Distribu- 
 tion by 
 earnings 
 
 Leas than S3 00 
 
 
 1 
 
 3 
 
 3 
 3 
 1 
 8 
 
 5 
 2 
 
 4 
 7 
 3 
 
 1 
 
 22 
 
 88 
 
 66 
 
 80 
 
 142 
 
 66 
 
 83 
 
 25 
 
 27 
 
 31 
 
 17 
 
 5 
 
 2 
 
 2 
 
 4 
 
 2 
 
 2 
 
 3 00-$3 49 
 
 
 1 
 
 3 50- 3 99 
 
 
 11 
 
 4 00- 4 49 
 
 1 
 
 24 
 
 4 50- 4 99 
 
 3 
 
 5 00- 5 49 
 
 s 
 
 6 50- 5 99 
 
 24 
 
 6 OO- 6 49 
 
 31 
 
 6 50- C 99 
 
 1 
 2 
 1 
 9 
 7 
 9 
 5 
 1 
 1 
 
 38 
 
 7 00- 7 49 
 
 51 
 
 7 60- 7 99 
 
 44 
 
 8 00- 8 99 
 
 107 
 
 9 00- 9 99 
 
 QQ 
 
 10 00-10 99 
 
 ■M 
 
 11 00-11 99 
 
 37 
 
 12 00-12 99 
 
 45 
 
 13 00-13 99 
 
 24 
 
 14 00-14 99 
 
 1Q 
 
 15 00-15 99 
 
 1 
 2 
 1 
 
 17 
 g 
 
 16 00-17 99 
 
 18 00-19 99 
 
 5 
 
 20 00-24 99 
 
 25 00-29 99 
 
 
 
 Not recorded 
 
 
 5 
 
 
 
 Calculated medians for 
 all recorded 
 
 $9 93 
 
 $14 30 
 
 $5 76 
 
 $8 85 
 
 Deductions 
 
 One hundred and ninety-four female employees out of 831 ques- 
 tioned in 20 New York City stores, testified to having been fined 
 for lateness. The amounts vary from 10 per cent to forfeiture 
 of half a day's pay. Forty-one women and girls of those inter- 
 viewed testified to other fines for errors and shortage. Several 
 male employees mentioned fines for breakage and loss of pack- 
 ages. Wherever such deductions were found, they were taken 
 from the regular weekly earnings. On the other hand, deposits 
 for keys or uniforms and amounts paid for goods were not sub- 
 tracted. 
 
 In regard to payments for employees' mutual benefit societies, 
 our procedure differed according to the nature of the contributions. 
 If membership in the association was compulsory and dues were 
 withheld from the pay envelope, we regarded this as a necessary 
 deduction and subtracted it from the weekly earnings. If, on the 
 
Ill 
 
 11 
 
 I 
 
 86 
 
 Appendix IV — Wage Investioatkin 
 
 other hand, membership was voluntary, we regarded the payment 
 of dues as a personal expenditure, and did not take it from the 
 earnings. Any benefits paid during the period were pro-rated 
 and added to regular wages. 
 
 After the investigation of the New York ( ity stores had been 
 completed, and before that of the up-state establishments had been 
 begun, the Legislature passed a measure making it unlawful for 
 corpc rations to conduct mutual benefit societies for their em- 
 ploycos, upon a compulsory basis. The whole status of such 
 associations has, therefore, been changed. Some have been dis- 
 continued and others have been placed on a voluntarv basis. 
 Witliout attempting to enter into a discussion of this matter, wo 
 refer the reader to the appended report on the organization of 
 beiieiit societies in the larger stores of New York City, as they 
 existed last winter, before the passage of the new law. 
 
 Days Woeked 
 Perhaps the easiest explanation of the difference between ex- 
 pected and actual earnings is that persons who fell below their 
 fixed rate did not work the full week, and the deductions are for 
 time lost. In order to prove the truth of this hypothesis, our 
 agents entered from the pay-roD the number of days worked in a 
 week last spring by 11,000 store employees in cities up-state. The 
 following table shows that 1,270 persons (nearly 12 per cent of the 
 whole number) lost a day or more. The women and girls lost 
 more than the men and boys. Some of the male help were on 
 duty Sunday. Most of these were persons in charge of the plant 
 We found also upon questioning employees in New York City 
 stores that both men and women worked occasionally on Sundays, 
 especially at stock-taking time. They were usually paid extra for 
 this. 
 
 
 Persons Working 
 
 TABLE 
 
 Given N 
 
 XVI 
 
 LTMBBR 
 
 OF Days a Week 
 
 
 
 
 TOTAL 
 
 Days Worked Per Week 
 
 
 1 \verage 
 davs 
 
 
 -1 
 
 . 
 2 
 7 
 
 1 
 
 4 
 27 
 
 
 
 
 
 
 7 
 
 
 
 Peraoiu 
 
 Days 
 
 2 
 
 15 
 46 
 
 3 
 
 4 
 
 6 
 
 6 
 
 per 
 person 
 
 Male 
 
 3.836 
 7,173 
 
 22.664 
 41.341 
 
 29 
 105 
 
 35 
 160 
 
 131 
 709 
 
 3.594 
 6 118 
 
 26 
 1 
 
 
 Female 
 
 5.8 
 6.8 
 
 Both 
 
 11.009 
 
 Ail tVlK- 
 
 9 
 ,1 
 
 31 
 3 
 
 61 
 6 
 
 134 
 
 195 
 
 840 
 
 9.712 
 
 27 
 
 
 
 
 6.8 
 
 Per cent of all et 
 
 npioyees . 
 
 
 1 2 
 
 1 8 
 
 7 fifi 
 
 .2 
 
 
 
 
 
 
 
 
 
 
 «o. 1 
 
 
 I 
 
 I 
 
 Wages in Retail Stores 
 
 87 
 
 HOUBS 
 
 During the course of this investigation, the new law, reducing 
 the number of hours for children in mercantile establishments 
 from 54 to 48, and fixing 54 hours for female employees over 16 
 in all cities, went into effect The New York City stores were 
 taken while the old statute was in force, but the up-state estab- 
 lishments were recorded under the present regulation. The reg- 
 istration of the old order has not much point except to show varia- 
 tions in usage. 
 
 Under the former law most of the larger "New York City stores 
 regularly opened last winter at 8 :30 or 9 and closed at 5 :80 or 6, 
 making a 9 hour day and a 54 hour week. Most of the smaller 
 stores remained open Saturday evenings, making a long day of 
 11 or 12 hours. Forty-five minutes or an hour was the usual 
 lunch period allowed. 
 
 Under these general conditions 191 male and 829 female em- 
 ployees interviewed in New York City stores last winter reported 
 the following as their regular hours : 
 
 TABLE XVII 
 Hours Worked by 1,020 Employees in New York City Stores. Winter 1913-1914 
 
 
 
 AOB 
 
 
 
 
 
 
 14-15 
 
 16 and over 
 
 AQB not GIVEN 
 
 TOTAL 
 
 PER CENT OF 
 
 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fe- 
 male 
 
 All 
 
 Males 
 
 All 
 Fe- 
 males 
 
 Totals 
 
 4 
 
 25 
 
 186 
 
 701 
 
 1 
 
 13 
 
 191 
 
 829 
 
 100 
 
 
 
 1 
 
 100 
 
 Hoturs: 
 
 48 and under 
 
 Over48. incl. 54. . 
 
 
 • • • • 
 
 4 
 
 1 
 
 21 
 
 3 
 
 88 
 
 78 
 
 17 
 
 3 
 
 31 
 
 472 
 
 287 
 
 1 
 
 1 
 
 ■ • • • 
 
 11 
 2 
 
 93 
 
 78 
 
 17 
 
 3 
 
 32 
 504 
 292 
 
 1 
 
 4. 
 
 61. 
 35. 
 .1 
 
 An 
 
 Over 54, incl. 60. . 
 Over 60. incl. 66. . 
 Over 66, incl. 72. . 
 
 
 40. 
 
 41. 
 9. 
 
 1. 
 
 The table shows that the majority of all employees worked 54 
 hours or less. But 4 violations also appear, namely 3 girls under 
 16 years, who worked 54 hours, and 1 woman who worked over 60 
 hours. 
 
 The 12 hour day on Saturday, which was fairly common in the 
 smaller New York City stores, and the extra hours preceding 
 Christmas bring special hardship. In the 2 weeks before the 
 holidays, 90 men out of 191 interviewed, and 461 women out of 
 
88 
 
 Appendix IV — Wage Investigation 
 
 
 812, worked from 5 to 20 hours in addition to the regular schedule. 
 Six other men and 21 women worked from 30 to 40 hours extra 
 time during this fortnight 
 
 Twentj-eight men and 62 women reported hours regularly in 
 excess of those observed by the store as a whole, varying from a 
 few minutes to 7 hours a week. This was ordinarily evening 
 work, paid for by supper money, amounting to 35 cents or so. 
 Altogether 104 men and 250 women, among the thousand persons 
 interviewed, reported some overtime beside the usual Christmas 
 rush. 
 
 After the new law "became effective we inquired of the New 
 York City stores what readjustment of hours had been mada 
 Some of the large stores were not affected, but in most establish- 
 ments a reduction to 81/^ or 9 hours a day was accomplished. 
 Of course the summer brought a weekly half holiday to many and 
 a few stores closed all day Saturday during the hot weather. 
 
 Up-state the hours noted for 64 firms do not differ markedly 
 from those now established in New York City, except that the long 
 day on Saturday is more general. Through personal interviews 
 with employees we found the same tendencies to extra night work 
 at inventory time and before Christmas. Of 1,700 persons regis- 
 tered last spring by hours worked, the number for each age group 
 and sex is shown in the accompanying table. 
 
 It should be remembered that the present law limiting women 
 to 54 hours and children to 48 a week, was in effect It is ob- 
 vious that the law was broken in the case of 26 women and 41 
 children. Several men also are registered for very long hours. 
 These figures are from the books of the firms : 
 
 TABLE XVIII 
 HocRa Worked Per Week Under New Law — Up-State 
 
 
 Age 
 
 • 
 
 
 
 
 
 
 14-15 
 
 1(^-17 
 
 18(+) 
 
 ityk-Ai^ 
 
 PBB dHIT OF 
 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fb- 
 
 male 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fe- 
 male 
 
 All 
 Males 
 
 All 
 Fe- 
 males 
 
 Total 
 
 33 
 
 16 
 
 76 
 
 107 
 
 560 
 
 921 
 
 678 
 
 1,044 
 
 100 
 
 100 
 
 
 Hour»: 
 48 and under 
 
 6 
 27 
 
 2 
 14 
 
 3 
 
 71 
 
 2 
 
 • • • • 
 
 16 
 
 89 
 
 2 
 
 25 
 454 
 
 85 
 4 
 1 
 
 168 
 
 729 
 
 24 
 
 34 
 
 552 
 
 87 
 
 4 
 1 
 
 186 
 
 832 
 
 26 
 
 5. 
 81. 
 13. 
 
 1. 
 
 18. 
 
 80. 
 
 2. 
 
 • • • • • 
 
 Over48, incl. 54 
 
 0ver54, incl. 60 
 
 Over 60, incl. 66 
 
 Over 72 
 
 
 
 • • • • 
 
 
 ■ • > • 
 
 .... 
 
 
 Wages m Retail Stoebs 
 
 89 
 
 " Extra Help " 
 
 Beside regular employees who are hired by the week, many 
 stores have additional help who are on duty only during certain 
 hours in the day or on certain days in the week. They are en- 
 gaged to handle the additional business that comes with afternoon 
 shopping or week-end sales. Since this supplementary force is not 
 strictly comparable with the regular help in regard to hours and 
 wages, we have listed these persons separately, and here present a 
 brief account of their character and earnings. 
 
 We recorded nearly 800 "extras " in all kinds of stores through- 
 out the State. The personal data for many of them are lacking, 
 because often they were not in the stores when our agents were 
 inspecting. We secured some information regarding more than 
 500, however, and this may be briefly summarized without much 
 statistical presentation. 
 
 Their distribution by age and sex shows some peculiarities. 
 Females greatly preponderate, constituting seven-eighths of those 
 recorded by sex. Moreover 46 per cent of the women and girls 
 reported are between the ages of 16 and 18. Several proprietors 
 informed us that some of these were high school girls who worked 
 on Saturdays or in the afternoons of other days. As to nativity, 
 93 per cent are native bom. Conjugal condition is, of course, 
 affected by age, so that over 90 per cent of all are unmarried 
 persons. 
 
 R^^rding the kind of work performed, 92 per cent were in 
 the stock and sales departments, and the rest were mostly extra 
 janitorial and office help. 
 
 As to time worked, the great majority were on duty one day 
 in the week, and the next largest number for half a day. For 
 their services most men received $2 a day and the women $.75 
 or $1. 
 
 We have here to do with a supplementary force which obviously 
 does not live on these wages. How far it competes with regular 
 workers is difficult to state. The wages show that the earnings of 
 these extra people are lower than those of the majority of regular 
 help. 
 
90 
 
 Appendix IV — Wage Investigation 
 
 Seasonal Fluctuations 
 
 The axjcompanying chart shows the fluctuation of employment 
 and wages in 38 representative stores, in 8 different localities, 
 outside of New York City, employing from 18 to 1,240 persons 
 each. In a composite presentation such as this, much that would 
 show up forcibly if one locality or establishment were studied, is 
 necessarily obliterated. The general facts are, however, worth 
 noting. 
 
 The largest number of persons employed in any one week was 
 11,726, and the smallest number 8,266. The average number of 
 persons employed during the year was 9,400. Similarly the 
 largest amount paid in wages during one week was $107,409, and 
 the smallest amount, $77,966. The average wage payments per 
 week amounted to $89,134. For the calendar year the average 
 weekly wage of employees was $9.48. 
 
 Disregarding the entries at each end of the year, for which data 
 are incomplete, we note that the minimum both of employment 
 and of wage payments occurred during August, and the maximum 
 in December. Comparing these with the averages for the year, 
 we find that at its lowest point the number of employees is 11.8 
 per cent below the average, and that of wage payments 12.5 per 
 cent At their highest points employment and wages are 24.7 per 
 cent and 20.5 per cent above their respective averages. 
 
 Comparing the highest and lowest points we find that the small- 
 est number of persons employed during the year is 69.6 per cent 
 of the highest number, and the smallest wage payment for one 
 week is 72.6 per cent of the highest amount paid out. In other 
 words, while there were employed, at the height of the holiday 
 season, 44 per cent more persons than at the slackest time, the 
 highest amount paid out in wages shows an increase of 38 per 
 cent over the lowest amount. 
 
 The relation between the two curves, representing numbers 
 employed and wages paid, indicates that, on the whole, as num- 
 bers are increased earnings relatively rise. However, at the time 
 of maximum employment, in December, so many additional low- 
 paid workers are taken on that the average is thereby considerably 
 reduced. 
 
 Wages in Retail Stores 
 
 91 
 
 i 
 
 "" a 
 
 ° s s 
 
 □ R 
 
 a 
 
 m 
 in 
 
 D 
 
 a 
 
 •S33AD"ldW3 JD b3BWn[\j 
 
92 
 
 Affendix IV — Wage Investigation 
 
 From the beginning of the year until well towards summer, 
 with the exception of a spurt at Easter time, the broken line, rep- 
 resenting earnings, is steadily below the solid line representing 
 numbers employed. During the summer, while the number of 
 employees declines, a higher average of earnings is maintained. 
 This is partly accounted for by the fact that the smaller number 
 of persons retained during the period of dull trade are the better 
 paid and more steadily employed individuals. This group, fur- 
 thermore, includes those who receive paid vacations, and though 
 they may be counted as absent during their vacation weeks, their 
 wages are included in the totals for these periods. In some cases 
 employees entitled to a paid vacation prefer to work uninter- 
 ruptedly and thus draw double pay during their vacation period. 
 In New York City 18 of the largest department stores were 
 asked to roister the greatest, smallest and most usual number of 
 employees on their payrolls during the year 1913. The normal 
 forces of these stores amounted to 41,828 persons; the maximum 
 before Christmas totaled 55,587; and the lowest ebb in mid- 
 summer fell to 35,322 for all establisments. In other words, the 
 fluctuation in the total number of employees was from 33 per 
 cent above normal to 151/. per cent below — a difference of over 
 20,000 persons, or practically 50 per cent of the regular force. 
 
 The stores vary greatly in regard to this rise and fall in num- 
 bers. One establishment on the list did not change 18 per cent 
 throughout the year. Another increased its force over 60 per 
 cent before Christmas, and a third cut down its personnel nearly 
 . 30 per cent below the usual quota during the slack season. Some 
 stores vary as much as 66 per cent between seasons. 
 
 Shift 
 
 In 11 large New York City stores with an average total force 
 of 27,264, there were added during the course of a year 44,308 
 persons, and 41,S50 loft or were dropped. In other words, more 
 than once and a half as many people flowed through the stores as 
 are usually employed in them at one time. 
 
 The stores differ greatly in the extent of the shift among their 
 employees. In one establishment the change amounts to only 
 
 Wages in Retail Stoebs 
 
 93 
 
 about 20 per cent of the normal force. In practically all the 
 others it is 100 per cent or over ; in one it amounts to over three 
 times the average number employed at one tima 
 
 We entered the number of weeks worked by all employees who 
 appeared on the payrolls of an up-state store during an entire 
 year. The following table shows the length of time they stayed 
 with that establishment. The working force of this store last 
 spring was slightly over 1,100 persons. 
 
 TABLE XIX 
 Weeks Worked in a Yeah in one Up-State Store 
 
 Weeks Worked 
 
 Male 
 
 Female 
 
 Both 
 
 Cumula- 
 tive per 
 oent of all 
 
 - 1 
 
 107 
 
 407 
 
 232 
 
 105 
 
 217 
 
 76 
 
 57 
 
 31 
 
 39 
 
 44 
 
 87 
 
 14 
 
 25 
 
 182 
 
 106 
 
 461 
 
 177 
 
 151 
 
 204 
 
 87 
 
 65 
 
 53 
 
 58 
 
 57 
 
 63 
 
 29 
 
 48 
 
 218 
 
 213 
 
 868 
 
 409 
 
 31G 
 
 421 
 
 163 
 
 122 
 
 84 
 
 97 
 
 101 
 
 150 
 
 43 
 
 73 
 
 400 
 
 6 
 
 1-4 
 
 31 
 
 fr- 8 
 
 43 
 
 9-12 
 
 52 
 
 13-16 
 
 fU 
 
 17-20 
 
 fiB 
 
 21-24 
 
 73 
 
 25-28 
 
 75 
 
 29-32 
 
 78 
 
 33-36 
 
 K1 
 
 37-40 
 
 85 
 
 41-44 
 
 86 
 
 46-48 
 
 RR 
 
 49-82 
 
 100. 
 
 
 Total 
 
 1.683 
 
 1.777 
 
 3.460 
 
 100 
 
 
 
 It will be seen from this table that over one-fourth of the people 
 stayed from 1 to 4 weeks — probably the holiday contingent But 
 one-half were employed less than 3 months and three-fourths less 
 than 7 months. Less than 12 per cent had been with the firm 
 11 months Or more. The accompanying graph shows the relative 
 duration of employment more clearly. (See Plate D.) 
 
 It is generally supposed that only the very cheap help shift; 
 whereas the better people in all departments remain. One em- 
 ployer stated that one-third of his help was fluid labor, coming 
 and going very rapidly ; while the remainder was relatively steady. 
 This seems to be usually the case; but the wages of the persons 
 listed in the preceding table are pretty well distributed from $3 
 to $30, showing that very different grades of people came and 
 went during the course of the year. 
 
i 
 
 94 
 
 Appendix IV — Wage Ikvestioation 
 
 in „ 
 
 •" m 
 
 uiin 
 ^ hi 
 
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 111 2: 
 
 <z 
 m 
 
 6 
 
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 Z 2 
 
 Jin 
 
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 LlJ d 
 
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 Jl 
 
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 ^ 
 
 H H—H . 
 
 *i 
 
 s 
 
 u 
 
 1% 
 
 Wages in Retail Stores 
 
 95 
 
 Time Lost 
 
 This shifting about naturally causes loss of time and wages 
 between jobs. Personal reasons, such as illness, also throw people 
 out In order to discover the extent of this loss, we inquired of 
 more than a 1,000 women as lo their experience during the last 
 12 months. The following table shows the distribution of the in- 
 stances recorded by cause and duration: 
 
 TABLE XX 
 TiiiK LoflT DuBiNQ One Year for Industrial and Personal Reasons 
 
 
 Cause of Lost Tim 
 
 LotT Tims 
 
 INDUSTRIAL 
 
 personal 
 
 • 
 
 Slack 
 work 
 
 No 
 job 
 
 Total 
 
 Ulneas 
 
 Family 
 trouble 
 
 Other 
 reasons 
 
 Total 
 
 Dayt 
 Jm9 than 1 , , . 
 
 
 6 
 
 11 
 
 5 
 
 5 
 
 1 
 
 1 
 
 9 
 7 
 3 
 
 2 
 
 8 
 19 
 7 
 8 
 5 
 
 2 
 
 11 
 8 
 6 
 
 2 
 
 6 
 227 
 87 
 36 
 23 
 14 
 
 8 
 7 
 
 • 
 
 9 
 5 
 1 
 
 2 
 
 2 
 1 
 
 1 
 1 
 
 3 
 
 4 
 2 
 
 2 
 
 1 
 
 3 
 3 
 
 3 
 
 79 
 
 26 
 
 6 
 
 5 
 
 1 
 
 1 
 
 3 
 
 1 
 
 2 
 
 1 
 1 
 
 • 
 
 309 
 
 117 
 
 44 
 
 28 
 17 
 
 9 
 
 8 
 
 15 
 9 
 
 1 
 
 1-6* 
 
 2 
 8 
 2 
 3 
 
 4 
 
 1 
 
 7-13 
 
 14-20 
 
 21-27 
 
 28-34 
 
 Weeka 
 
 
 7 
 
 Montht 
 2 
 
 2 
 1 
 3 
 
 a 
 
 4 
 
 5 
 
 6 
 
 
 4 
 3 
 t 
 1 
 
 1 
 
 7 
 
 
 8 
 
 
 9 
 
 
 10 
 
 
 
 
 Total 
 
 26 
 
 50 
 
 76 
 
 430 i<^ 
 
 129 
 
 577 
 
 
 
 
 
 '" 1 
 
 It should be understood that persons who did not report any 
 time lost must not be considered b& reporting no time lost. Some^ 
 times they forgot how long they were away. Still 653 instances 
 are recorded for 1,036 women. In 25 cases a person had suffered 
 loss both from industrial and from personal causes. 
 
 The most usual period of unemployment due to slack work or 
 absolute loss of position was from 1 to 2 weeks. The majority of 
 

 96 
 
 Appendix IV — Wage Investigation 
 
 those who were out for illness or other personal reasons lost a 
 week or less. Sickness was by far the most frequent cause of 
 withdrawal. 
 
 Holidays and vacations also occasion some loss. In the main, 
 however, all important legal holidays are allowed with pay. But 
 we have statements from employees up-state, that on 6 days when 
 the stores are closed they receive no pay. 
 
 Vacations are upon various bases. Four hundred and eighty- 
 two women reported vacations with pay; 176, vacations without 
 pay, and 589 either did not report any vacation or had none. 
 Two hundred and nineteen received 1 or 2 weeks with full pay, 
 and 186 had two weeks with half pay. It seems to be a general 
 rule that those who have been in the store a year or more, or those 
 in higher positions secure vacations with pay. We are informed 
 that vacations without pay during the dull season are compulsory 
 for salespeople in some stores. 
 
 Annual Eabnings 
 
 With so much understanding of general conditions of business 
 in retail stores, we may now turn to the most difficult and critical 
 question in regard to wages, namely, the determination of total 
 annual or average weekly earnings of persons in stores. In order 
 to answer this question adequately, the only method is to take the 
 receipt accounts of a number of persons for a year. But since 
 this is very slow and uncertain work, we took from the payrolls 
 the earnings of all persons who appeared on the books, back week 
 by week for a year. So we know what they got while with the 
 firm where they were recorded, but beyond that we could not 
 attempt to trace them. 
 
 The following table shows the number of persons who averaged 
 given amounts per week according to the length of time they had 
 worked. The figures were taken for 7 establishments up-state. 
 Detailed tables by departments and occupations are given in the 
 statistical appendix.* 
 
 • See Tables, Nos. 160 and 161. 
 
 
 
 m 
 
 m 
 
 e 
 S 
 
 5 
 
 H 
 
 2 
 
 8 
 
 M 
 
 K 
 
 ** O 
 
 ^ a 
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 OQ 
 
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 M 
 
 H 
 < 
 
 S^8 
 
 Q 
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 M 
 
 at 
 o 
 
 H 
 H 
 
 Ik 
 O 
 
 K 
 H 
 
 n 
 g 
 
 Wages in Ketail Stores 
 '■'■'■':::.:'■•■■•••■•■'•'•'''■ ^ 
 
 97 
 
 3 
 
 
 n 
 
 I 
 
 •a 
 
 
 Eh 
 
 •a 
 
 s 
 
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 9 
 
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 fa 
 
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 ft* 
 
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 CI 
 
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 CO VH P4 
 
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 Wages in Retail Stores 
 
 99 
 
 In general it appears that the persons who have worked longest 
 average somewhat higher than those who stay but a short time. 
 The following table gives the actual amounts earned in a year by 
 those who had been with the same seven firms for 43 weeks (10 
 months) or over. Two^thirds of the persons on the payrolls had 
 been with the firms that long. Naturally these are the more re- 
 sponsible and permanent employees. 
 
 table XXII 
 Total AiwrxL Eahionos for All Employees Wobking 43 Weeks ob 
 MoBB Dimnto Pbeviocs 12 Months - Data ^n 7 Fibms Up-state 
 
 Amountb 
 
 MALE 
 
 Less than $200. 
 
 t200- 
 
 250- 
 
 300- 
 
 350- 
 
 400- 
 
 450- 
 
 500- 
 
 550- 
 
 600- 
 . 650- 
 
 700- 
 
 750- 
 
 800- 
 
 900- 
 1.000-1,009... 
 1.100-1.199... 
 1.200-1,299... 
 1.300-1.399... 
 1.400-1,499. . 
 1.500-1,599... 
 1.600-1.799... 
 1.800-1,999.. . 
 2,000-2.499... 
 2,500-2,999... 
 
 249. 
 299. 
 
 349. 
 399. 
 449. 
 499. 
 549. 
 info . 
 649. 
 609. 
 749. 
 799. 
 
 999. 
 
 Number 
 
 Cumulative 
 per cent 
 
 FEMALE 
 
 Number 
 
 7 
 2 
 5 
 4 
 8 
 12 
 12 
 13 
 21 
 38 
 20 
 32 
 35 
 38 
 35 
 28 
 16 
 11 
 8 
 4 
 5 
 5 
 1 
 
 Total. 
 
 2 
 
 2.1 
 
 4 
 
 5 
 
 7 
 10 
 14 
 17 
 23 
 34 
 39 
 48 
 58 
 68 
 78 
 86 
 90 
 93 
 96 
 97 
 98 
 99.5 
 99.7 
 
 100 
 
 361 
 
 24 
 46 
 82 
 110 
 103 
 54 
 47 
 41 
 19 
 24 
 9 
 12 
 11 
 6 
 6 
 3 
 
 2 
 2 
 1 
 1 
 
 Cumulative 
 per cent 
 
 100 
 
 4 
 U 
 25 
 44 
 
 m. 
 
 90 
 77 
 84 
 87 
 •1 
 
 97 
 98 
 
 98.7 
 99.2 
 
 • ••••■ 
 
 99.5 
 99.8 
 99.9 
 100 
 
 603 
 
 100 
 
 It is clear from this table that the majority of male help earned 
 between $600 and $1,000 a vear Afor« tha., v, n; T, 
 
 than «snn TK • •; /T^' ^ ^^^ ^^^ ^*™«i less 
 
 and $500. More than half earned less than $400 
 
 This distribution on the basis of 43 weeks or over may not be 
 convincmg to some persons. Accordingly we have calculated for 
 all persons in the same firms their total earnings for 52 weeks 
 
100 
 
 Appendix IV — Wage Investigation 
 
 both on the basis of the rate of payment last recorded and also 
 upon the basis of their average weekly earnings during the time 
 thev were engaged. The following table shows a comparison of 
 percentages. 
 
 T.\BLE XXIII 
 Calcttlatkd Annt al Earnings — Data for 7 Firma Up-8Tat« 
 
 
 Male 
 
 Fbmalb 
 
 Amounts 
 
 BASED ON 
 KATES 
 
 BASED ON 
 EARNINGS 
 
 BASED ON 
 HATm 
 
 BASED ON 
 BARNINOS 
 
 
 Number 
 
 Cumu- 
 lative 
 per cent 
 
 Cumu- 
 Number lative 
 1 per cent 
 
 1 
 
 Number 
 
 Cumu- 
 lative 
 per cent 
 
 Number 
 
 Cumu- 
 
 lativfl 
 per cent 
 
 Les^ than $200 
 
 $200- 249 
 
 250- 299 
 
 300- 349 
 
 350- 399 
 
 400- 449 
 
 450- 499 
 
 600- 649 
 
 65(>- 699 
 
 600- 649 
 
 650- 699 
 
 TOO- 749 
 
 760- 799 
 
 800- 899 
 
 900- 999 
 
 1,000-1,099 
 
 1,100-1,199 
 
 1,200-1,299 
 
 1,300-1,399 
 
 1,400-1,499 
 
 1,600-1,599 
 
 1.600-1,799 
 
 1,800-1,999 
 
 2,000-2,499 
 
 2,600-2,999 
 
 13 
 
 9 
 12 
 
 8 
 10 
 18 
 19 
 27 
 
 7 
 60 
 24 
 34 
 60 
 43 
 46 
 35 
 23 
 
 2 
 22 
 
 4 
 10 
 
 1 
 
 6 
 
 1 
 
 2.7 
 
 4.6 
 
 7. 
 
 8.7 
 10.8 
 14.5 
 18.4 
 24. 
 25.5 
 38. 
 42.8 
 60. 
 60.3 
 69.2 
 78.7 
 86. 
 90.6 
 91. 
 95.6 
 96.5 
 98.5 
 98.6 
 99.8 
 
 100 
 
 17 
 
 8 
 
 10 
 
 9 
 
 14 
 
 13 
 
 18 
 
 20 
 
 18 
 
 4S 
 
 29 
 
 32 
 
 50 
 
 39 
 
 43 
 
 33 
 
 23 
 
 9 
 
 16 
 
 6 
 
 8 
 
 2 
 
 4 
 
 1 
 
 3 6 
 5.3 
 7.4 
 9.3 
 12.3 
 15.1 
 18.9 
 22.2 
 26.8 
 32.1 
 43.3 
 50. 
 60.8 
 63.9 
 78.5 
 85.3 
 90.2 
 92. 
 95.5 
 96.8 
 98.5 
 98.8 
 99.8 
 
 100 
 
 52 
 
 32 
 
 92 
 
 195 
 
 142 
 
 131 
 
 72 
 
 77 
 
 20 
 
 43 
 
 11 
 
 19 
 
 22 
 
 7 
 
 8 
 
 8 
 
 3 
 
 1 
 
 6 
 
 1 
 1 
 
 6.5 
 8.9 
 18.7 
 39.4 
 51 4 
 68.3 
 76. 
 81.1 
 86 3 
 90 8 
 92. 
 94. 
 96. 
 97. 
 98. 
 98.8 
 99. 
 99.1 
 99.8 
 
 99 9 
 100 
 
 57 
 
 72 
 
 131 
 
 160 
 
 135 
 
 106 
 
 65 
 
 51 
 
 28 
 
 36 
 
 21 
 
 10 
 
 17 
 
 6 
 
 9 
 
 9 
 
 1 
 
 1 
 
 4 
 
 1 
 
 2 
 
 1 
 
 6.2 
 14. 
 28.2 
 45.6 
 60.2 
 71.7 
 78.8 
 84.2 
 87.2 
 91.3 
 93 5 
 94.5 
 96 4 
 97. 
 98. 
 99. 
 99.1 
 99.2 
 99.6 
 99.7 
 99.9 
 100. 
 
 Total 1 483 
 
 100 
 
 472 
 
 100 
 
 943 100 1 923 
 
 100 
 
 The most noticeable feature about this table is that incomes 
 calculated on average earnings run lower for both sexes. This is 
 very evident in the case of females. Only 19 per cent of the 
 women and girls would earn less than $300 a year if we multi- 
 plied their weekly rate by 52. But if we take 52 times their 
 average earnings we find that 28 per cent would fall below that 
 amount. From this it is evident that incomes based on rates are 
 too high. 
 
 Wages in Eetail Stoees 
 
 101 
 
 Now if we compare this table with the one preceding, we note 
 the same tendency of low earnings to predominate here. For 
 instance only 10 per cent of the steady male workers actually 
 earned less than $450 in 43 to 52 weeks. But 15 per cent of all 
 male employees in these stores could not ordinarily make so much 
 in 52 weeks. This makes it clear that the steady help are paid 
 higher than the general run of employees. 
 
 In the case of women we find that actual earnings and those 
 calculated on average weekly receipts run fairly close together. 
 The contrast, therefore, between actual earnings and income cal- 
 culated upon rates is very considerable among the low paid help. 
 For example, 54 per cent of the girls would be reckoned as likely 
 to receive less than $400 a year. As a matter of fact 61 per cent 
 of the best paid women workers fell below this figure. The con- 
 firms our remarks about deductions for loss of time among female 
 help. 
 
 Experience 
 
 Wages depend not only upon maturity but also upon experi- 
 ence gained in the business. A person may be old in years and 
 very young in understanding of the trade. Age in both respects 
 necessarily advances together, but there are interesting variations. 
 
 The accompanying graph shows for each sex, years at work in 
 shops and with the firm where recorded, according to age. The 
 outer sides of the pyramid indicate legal working years according 
 to the present standard. That is, at 16 years of age, a boy or girl 
 might have been working 2 years, at 18, 4, etc. Our investiga- 
 tion of this matter brought out the fact that 81 male employees 
 and 39 women and girls had begun to work for wages before the 
 age of 14. It should be remarked that these are persons now over 
 legal age, some of whom began to work elsewhere. (See Plate E.) 
 
 It is clear from the white space next to the outside of the pyra- 
 mid, that some men and women did not begin to work until com- 
 paratively late in life. Massing the material for the entire num- 
 ber it appears that boys commence to earn earlier than girls and 
 keep on working more continuously. Men do not as a rule re- 
 main idle 1 year in 15; but women appear to have been out of 
 business abont one-fifth of their working years. 
 
 I j.i 
 
102 
 
 AppEiTOix IV — Wage Iittestioation 
 
 
 IGI IS Si 
 
 •w ^ «c Sc 
 
 SS *t _»■? M 
 
 M ^« KX XX 
 
 82 fcjg -J- -5 
 
 ■« fc-5 "*S *• 
 
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 zu 
 
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 € 
 
 > » t 
 
 ^ ^ 
 
 ]9ai«34X3 iO MflA 
 
 Wages in Retail Stores 
 
 103 
 
 The next space down indicates the usual proportion of years 
 that have been spent in other lines than retail mercantile estab- 
 lishments. It appears from this that among the older men about 
 three-eighths of their industrial careers had been spent in dif- 
 ferent occupations. The vocations of younger men had not been 
 80 varied. Out of 164 male employees whose industrial histories 
 contained specific information upon this point, 74, or 45 per cent 
 had been engaged in one or more other lines of work before going 
 into a stora A list of these occupations shows experience of 
 varied kinds from mining to the writing of insurance. Many, 
 however, were in related lines of work. Among industrial causes 
 responsible for the change, low wages and slack periods appear 
 most frequently. On the personal side, ill health and dislike of 
 the previous occupations are the reasons most often mentioned. 
 
 On the women's side, rather more time in proportion appears 
 to have been spent at other work. But this is not true of the 
 younger women, who constitute the great majority of all female 
 help. Out of more than 1,200 female employees who gave in- 
 formation upon this matter, 861 (70 per cent) had never been 
 engaged in any other business. Of the others, 282 (23 per cent ) 
 had been in several. One girl had tried 4 different trades within 
 her first year of business experience. The reasons for change 
 most often given by men, i. e., slack seasons, low pay, ill health 
 and dislike of the work, were also alleged by most women. 
 
 The division with the diagonal hatching shows the prevailing 
 distribution of years worked in other stores. Among older men 
 it amounts to 40 per cent or 60 per cent of their working years. 
 Out of 72 men who reported in detail upon this matter, 18 (25 
 per cent) had been with one firm only; 21 (29 per cent) had 
 been with two; and 33 (41 per cent) had been with 3 or more 
 One man who had been 9 years in the retail trade, had held 7 
 different jobs during that time. 
 
 Among women, proportionately less time had been spent with 
 other firms, as shown by the graph. Out of 819 women who re- 
 ported specifically concerning changes, more than half (426) were 
 still working with the firm with which they b^an their wage 
 earning. A striking exception is noted in the case of one girl 
 who had held 9 jobs in 4 years. 
 
r 
 
 I 
 
 104 
 
 Appendix IV — Wage Investigation 
 
 Another feature of interest in considering the experience of 
 workers is the number of distinct lines or occupations which they 
 have followed within the same business. Out of 989 women who' 
 reported on this matter, 363 had been engaged in 2 or more capaci- 
 ties. Oveu 100 had risen through 3 or 4 grades. Among men 
 this shift was not so marked. 
 
 To sum up the matter of trade experience we may present the 
 following table : 
 
 TABLE XXIV 
 Median Age avd Yeabs of Expebiencb for All Store Emflotres 
 
 
 Age 
 
 At work 
 
 In trade 
 
 With firm 
 
 Male 
 
 Female 
 
 31 yrs.. 6 juob. 
 22 yrs.. 9 mof. 
 
 14 yrs., 3 rmm. 
 5 yrs., 10 moe. 
 
 7 yrs., 6 moe. 
 4 yrs., 4 mos. 
 
 2 yrs., 5 moe. 
 
 2 yrs.. 8 mos. 
 
 
 
 
 
 
 Earnings and Experience 
 The relation between years of experience and weekly earnings 
 is shown in the following tables and the accompanying graph : 
 
 TABLE XXV 
 Wkmlt Eaknikcb and Trade Experience — Number and Cumclative Per Cent or 
 All Employees with Medi.\n Earninqs by Years in Trade by Each Sex 
 
 Years of 
 Experience 
 
 Number 
 
 Less than 1 year. 
 
 1 year 
 
 2 years 
 
 3 years 
 
 4 years 
 
 5 years 
 
 6 years 
 
 7 years 
 
 8 years 
 
 9 years 
 
 10-14 years 
 
 15-19 years 
 
 20-24 years 
 
 25-29 years 
 
 30-34 years 
 
 35-44 year? 
 
 45 years and over 
 
 Cumula- 
 tive 
 per cent 
 
 2,868 
 
 1,629 
 
 1.303 
 
 1.262 
 
 966 
 
 953 
 
 753 
 
 717 
 
 759 
 
 450 
 
 2,576 
 
 1,763 
 
 1,485 
 
 1.104 
 
 Sll 
 
 646 
 
 153 
 
 Total recorded. 
 
 20.168 
 
 14.6 
 
 22.4 
 
 28.9 
 
 35.2 
 
 40.1 
 
 44.8 
 
 48.6 
 
 52.2 
 
 &6. 
 
 58.2 
 
 72. 
 
 79.8 
 
 87.2 
 
 92.7 
 
 96.8 
 
 Vv. o 
 
 100. 
 
 Median 
 eamiogs 
 
 rmuAVE 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 •7 61 
 8 66 
 
 10 41 
 
 11 45 
 
 12 29 
 12 72 
 IS 01 
 14 22 
 
 14 78 
 
 15 33 
 15 96 
 
 17 72 
 
 18 58 
 18 93 
 
 18 66 
 
 19 14 
 17 20 
 
 5.029 
 
 3,427 
 
 2.972 
 
 2.747 
 
 2.447 
 
 1.981 
 
 1.743 
 
 1.635 
 
 1.412 
 
 982 
 
 3.588 
 
 1.536 
 
 766 
 
 282 
 
 102 
 
 44 
 
 7 
 
 16.7 
 27.6 
 37.2 
 46.1 
 54.3 
 60.7 
 66.3 
 71.5 
 76.1 
 79.3 
 91. 
 06. 
 97.5 
 99.5 
 99.8 
 99.9 
 103. 
 
 Median 
 earnings 
 
 100. 
 
 >4 71 
 
 5 45 
 
 6 30 
 
 7 01 
 
 7 33 
 
 8 06 
 8 42 
 
 8 83 
 
 9 35 
 9 68 
 
 10 82 
 
 12 51 
 
 13 74 
 13 93 
 
 12 67 
 
 13 00 
 10 50 
 
 913 68 
 
 30.700 
 
 100. 
 
 17 31 
 
 Wages im Retail Stores 
 
 105 
 
 TABLE XXVI 
 
 Weekly Earninqs and Term or Emplotmbnt — Ncmber and Comulativb Per Cent of 
 All Employees whth Median Earnings bt Years with Firm for Each Sex 
 
 Years with Firm 
 
 Lees'than 1 year. 
 
 1 year , 
 
 2 years 
 
 3 years 
 
 4 years 
 
 5 years 
 
 6 years 
 
 7 years 
 
 8 years 
 
 9 years 
 
 10-14 years 
 
 15-19 years 
 
 20-24 years , 
 
 25-29 years 
 
 30-34 years 
 
 35-44 years , 
 
 45 years and over . 
 
 MALE 
 
 Number 
 
 6.393 
 
 2.960 
 
 2.090 
 
 1,751 
 
 1.090 
 
 843 
 
 648 
 
 695 
 
 581 
 
 394 
 
 1.520 
 
 806 
 
 379 
 
 214 
 
 132 
 
 64 
 
 7 
 
 Total recorded. 
 
 20.567 
 
 Cumu- 
 lative 
 per cent 
 
 31.1 
 45.4 
 55.7 
 64.1 
 69.4 
 73.5 
 77.7 
 80. 
 82.9 
 84.8 
 92.2 
 96.2 
 98. 
 99. 
 99.7 
 99.9 
 100. 
 
 100. 
 
 Median 
 earnings 
 
 $11 94 
 
 12 36 
 
 13 15 
 
 14 15 
 
 14 46 
 
 15 17 
 15 32 
 15 76 
 
 15 64 
 
 16 60 
 
 17 24 
 19 20 
 
 19 40 
 21 30 
 21 55 
 
 20 40 
 27 50 
 
 FEMALE 
 
 Number 
 
 S13 67 
 
 10,002 
 
 5,114 
 
 3,656 
 
 3,056 
 
 1,986 
 
 1,331 
 
 1,119 
 
 1,098 
 
 787 
 
 501 
 
 1,707 
 
 616 
 
 262 
 
 104 
 
 31 
 
 11 
 
 1 
 
 Cumu- 
 lative 
 per cent 
 
 31.382 
 
 31.9 
 48.2 
 50.8 
 69.6 
 71. 
 80.6 
 83.9 
 87.1 
 89.7 
 91.4 
 96.8 
 98.7 
 99.6 
 99.8 
 99.9 
 99.9 
 100. 
 
 100. 
 
 I 
 
 Median 
 earnings 
 
 $6 04 
 
 6 43 
 
 7 16 
 
 7 94 
 
 8 13 
 8 45 
 
 8 95 
 
 9 42 
 9 90 
 
 10 24 
 
 11 44 
 
 13 12 
 
 14 95 
 14 83 
 
 14 17 
 
 15 50 
 17 00 
 
 $7 32 
 
106 
 
 Appendix IV — Wage Investigation 
 
 I. 
 
 Wages in Retail Stores 
 
 107 
 
 Several points are at once apparent from the figures here given : 
 First: Earnings increase with years of experience in the busi- 
 ness, but at a diminishing rate. The typical male employee, 
 starting at $7.61, is advanced about $1 a year for the first 5 years 
 in the trade; approximately half that amount for each of the next 
 5 ; and rises more slowly during successive periods, until after 45 
 years of business experience, he attains $19 a week. After that 
 his earnings gradually fall oif. For women and girls the begin- 
 ning wage is lower; the rate of increase slower but more uniform ; 
 and the period of increasing earnings shorter. After 25 years of 
 work in the trade the typical female employee attains nearly $14 
 a week ; and then slowly drops down and out. Year for year a 
 woman's experience counts for lees than a man's in terms of wages. 
 Second : Years with the firm count more for income than time 
 «pent in other establishments. This appears quite uniformly for 
 both sexes, as shown by the graph, especially for the few sur- 
 vivors of long service. Those who are retained over 40 years 
 seem to rise in positions of minor responsibility. 
 
 Third : The preceding tables show that dropping out is greatest 
 among the low paid help. Hence many persons do not remain 
 long enough to secure wages representative of the business as a 
 whole, while those employees who stick, pull up the general aver- 
 age. At the same time the birds of passage bring down the level 
 for the whole trade. Men and women differ considerably in this 
 respect Male employees attain the median wage for their sex 
 after 7 years in the trade or 2 years with the firm. Females 
 arrive at their ordinary level of earnings after 4 years in business 
 or 2 years in the same establishment By the time mentioned 
 half of each sex has dropped out of the business. The tables given 
 show the survivors at each age of business life and expected earn- 
 ings for their terms of experience. Such data might readily be 
 further analyzed and developed into wage insurance charts. 
 
 On comparing weekly earnings with years of age and years of 
 experience as shown in the accompanying graph, it is clear that 
 experience in the trade counts for more than mere maturity of 
 age. It is true, however, that persons who have had but a few 
 years of trade experience may be comparatively well advanced in 
 age, having entered the store after some years of experience in 
 other lines of work. Still the difference here shown makes it 
 clear that training in general counts for more than age. 
 
108 
 
 Appendix IV — Wage Iwvestioatiox 
 
 1 
 
 MERCANTILE ESTABLISHMENTS 
 NEW YORK STATE 
 PLATE G. 
 
 COMPARISON OF EARNINGS 
 BY AGE AND TIME IN TRADE 
 
 YEARS OF EXPERIENCE 
 1,5 2,0 2^ 3p 3,5 4p 
 
 '^ "" '* 21 25 30 35 40 45 50 55 60 • £5 70 
 
 YEARS OF AGE 
 
 It may strike the reader, however, that too many varieties of 
 occupations have been massed to make the foregoing conclusions 
 of more than general interest. In order to show how the prin- 
 ciple applies to specific lines of work, we have made a special 
 study of 2,000 salesmen and the same number of saleswomen in 
 department and neighborhood stores throughout the State. Only 
 men over 21 and women over 18 years of age were included. 
 The cases were taken from each age group in exact proportion to 
 its relative weight in the total number of salespeople in these 
 classes of stores, and for each locality. There was no selection 
 of wage levels. We may, therefore, consider the following ex- 
 hibits as good representative types of the relation between experi- 
 ence and weekly earnings for salespeople throughout New York 
 State. Herewith is presented a full distribution table for each 
 sex according to length of time in the business, and a graph to 
 show the general trend of the figures. 
 
 1 
 
 75 
 
 j^ 
 
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 a 
 
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 Wages ix Retail Stores 
 
 : : ; • o 
 
 109 
 
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 Wages in Retail Stoees 
 
 113 
 
 After the foregoing remarks no explanation of this table is nec- 
 essary. It is clear that the principle already stated applies and 
 that only numbers and level of wages vary for specific occupations. 
 
 In the graph we have smoothed the curve and indicated by the 
 thickness of the line the relative numbers of each sex who arrive 
 at the successive stages of experience and correlative levels of 
 wages. 
 
 Changes in Wages 
 
 In order to discover the advances and deductions made in 
 wages, we entered for all the employees of one large up-state 
 store during a year, the rates at which they were employed in 
 this period. We found that the payrolls showed no change for 
 84 per cent; reductions for a few; and advances for 15 per cent 
 of the force. The following table shows the amount of the rise. 
 
 table xxviu 
 
 Rati* Chamoko in a Ykab, Numbkb or Ekployees and Amount of Advance fob Each Sbz 
 Data for one Representative Estabushmxnt Up-State 
 
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 Both 
 
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 Per cent 
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 The figures show that women and girls had more changes, botli 
 up and down, than men. But the amounts of the reductions were 
 greater and the rises were less for female employees. The most 
 ordinary advance in their case was from $5 and $6 to $6 and $7 
 a week. The jumps of $3 and over were among the better paid 
 
114 
 
 Appendix IV— Wage Isvestigat 
 
 ION 
 
 women. For men the most usual advance was from a wage of 
 $10, $12, and $15 up to $1, $2 or $3. Among men also the big 
 rises were among those already well paid. 
 
 The reductions deserve a word. In the cases of men they were 
 from $15 and $16 a week to $12 and $11 respectively. The 
 fifteen women and girls noted ranged from a $6 girl whose wages 
 were cut in half to a $10 women who lost $2 a week. 
 
 This matter of advance or reduction of wages was made a point 
 in the interviews with individual employees. We discovered 
 many interesting facts regarding their previous trade histories; 
 but inasmuch as these facts do not immediately concern the retail 
 store business, we need not analyze them here. Suffice to say 
 that of 169 men questioned on this point, 137 (81 per cent) 
 were at the time receiving more pay than when they started work ; 
 22 (13 per cent) were receiving the same amount; and 10 (6 
 per cent) were receiving less. These last ten cases were almost 
 all due to recent beginning in a new line of work. 
 
 Out of 1,126 women reporting on this matter, 923 (82 per 
 cent) were receiving more pay than when they started work; 
 152 (13 per cent) were at the same rates; and 51 (5 per cent) 
 had been reduced. Of course, the amoimts vary with age and 
 experience. 
 
 As already stated, these returns include the earnings of per- 
 sons, some of whom had been engaged in other lines of business. 
 The data, therefore, show only in a general way the rise of em- 
 ployees in stores. But we also made a special study of the wages 
 of 240 women and girls in :N'ew York City who had spent all 
 their working years in only one store, so that their industrial 
 careers were fairly comparable. The figures are here presented 
 for purposes of discussion. 
 
 Wages in Retail Stores 
 
 115 
 
 
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116 
 
 Appendix IV-— Wage Investig 
 
 ATION 
 
 N 
 
 It will be seen that 19 per cent of these employees had re- 
 ceived no increase. But it is also plain that over half of these 
 had been employed less than a year. The woman who worked 
 ten years is receiving $10 and the one who was with the firm 
 seven years is still getting $6. Those who worked longer natur- 
 ally had better expectations of a rise. One woman who started 
 as a cash girl at $1.75 a week 25 years ago is now receivimr $9 
 as head of stock. Another, after 16 years of service is get^ting 
 $7 as a saleswoman. 
 
 The slowness and uncertainty of advancement is one of the most 
 deademng features of service in a big store. Of 171 women who 
 reported on the manner of their promotion, 54 said they secured 
 a rise by demanding it Eleven reported that they left and 
 went elsewhere to secure better pay. Fifty-two stated that they 
 were advanced according to their increased efficiency; and 27 
 said length of service and experience counted. 
 
 Wages and Sales 
 In order to find what the relative efficiency of salespeople is, 
 we inquired from individuals concerning their ordinary daily 
 and weekly sales. The returns, of course, varied according to 
 seasons and line of goods. Some of the firms thought the girls 
 were guessing; but it seems as though the entries in their sales 
 books, which are the basis of any commissions or premiums, must- 
 be known pretty accurately by those who enter the items. 
 
 The returns from 127 women in I^ew York City stores vary 
 from $40 to $800 a week; but over half of them center between 
 $50 and $200. The records for 102 saleswomen in cities in the 
 western part of the State are given in terms of daily transactions, 
 and vary from less than $5 to $100, i. e., $30 to $600 sales a 
 week. But again the great majority range between $5 and $30 
 a^day, or $30 to $180 a week. Accordingly, we may say that 
 the transfer of $30 to $200 worth of goods a week represents the 
 ordinary transactions of a representative saleswoman. The re- 
 turns for salesmen range higher, centering between $10 and UO 
 a day, or $50 to $350 a week. 
 
 We did not correlate these returns with wages, because both 
 Items could not be checked up from the books of the firms. We 
 
 Wages in Retail Stores 
 
 117 
 
 ' 
 
 have learned from the statements of superintendents and account- 
 ants, however, that the wages of salespeople will ordinarily run 
 from 4 per cent to 6 per cent of the price of goods sold. This 
 percentage, of course, varies widely from season to season and 
 from department to department. From 2 per cent to 10 per 
 cent may indicate rough limits. But in general, salespeople have 
 to dispose of about $20 worth of goods to earn a dollar, and must 
 ordinarily surpass this amount to make extra pay. 
 
 Earnings and Marriage 
 
 As might be expected, persons who are or have been married 
 earn more than those who are single, because the latter are gener- 
 ally younger. The following table shows for each sex the median 
 weekly earnings of those persons who were recorded according to 
 conjugal condition. 
 
 table XXX 
 MKDiAJf Eabninos bt Conjvoal Condition's 
 
 
 Male 
 
 Female 
 
 ^in^lA 
 
 $11 02 
 
 $7 21 
 
 
 
 Married 
 
 15 99 
 
 7 82 
 
 
 
 Widowed 
 
 or 
 
 divorced 
 
 15 M 
 
 8 91 
 
 Despite this encouraging general picture, we found married 
 men — 458 of them — receiving less than $10 for a week's work, 
 and 258 widows who received less than $6. These are unusual 
 cases, but they are the ones that require attention. 
 
 Earnings and Nativity 
 
 Contrary to the general rule, that the foreign lx)rn who usually 
 fill the low paid occupations in industry, earn less than the native 
 bom, we find in the stores as a whole, that the median wage of 
 foreigners slightly surpassses that of the natives. This is to be ex- 
 plained primarily by the difference in age; for as we have seen, 
 there are fewer foreign bom youth than native boys and girls 
 in the stores. Those of foreign birth who enter mercantile estab- 
 lishments are usually of mature years, or persons who have lived 
 here long enough to master the language well enough for mer- 
 chandising. 
 
118 
 
 Appendix IV— Wage Investigation 
 
 TABLE XXXI 
 Median Earnings bt NATnrrrr 
 
 
 Males 
 
 Femalet 
 
 Native 
 
 S13 32 
 
 $7 30 
 
 
 Foreign .... 
 
 14 17 
 
 7 50 
 
 
 Status of the Business 
 
 The expaiision of large retail stores within recent years has 
 heen remarkable. Elaborate and costly structures housing the 
 products of every country have risen in our cities. For beauty 
 and convenience these stores are among the foremost in the world. 
 
 Obviously money is necessary to equip and run these colossal 
 establishments. Recent failures have revealed to the public the 
 huge financial operations involved. Not only have individual 
 firms incorporated as stock companies, but certain groups of 
 merchants have managed chains of stores and held stock in 
 affiliated concerns. The capital stock of one corporation was 
 recently quoted at $26,500,000, and paid over $2,000,000 in net 
 dividends. Another concern was capitalized for over $97,000,000 
 and paid a dividend of 6 per cent on $50,000,000 of common 
 stock, which represents " good will." 
 
 The revenue and expense items of stores vary widely from 
 place to place and according to the character of goods handled. 
 Local merchants were unwilling to show financial statements, but 
 through the kindness of certain gentlemen, we were enabled to 
 examine the proportion of expenses credited to certain items in 
 representative stores. These can best be summarized by a typical 
 statement such as that which follows: 
 
 Prime co«t of merdiaiidise 70 
 
 Lew* discount at 5% 31 
 
 Net cost aai 
 
 Marked up to sell at iqq 
 
 Gross profit 331 
 
 ^ll«n« expense 28 
 
 Net earnings on sales ^ 
 
 Discounts vary greatly from nothing at all to 10 per cent or 
 over; 4 to 6 per cent is an ordinary range. The term of dis- 
 count also varies in extent. It may be ling enough in the case 
 
 Wages in Retail Stores 
 
 119 
 
 of rapid-selling goods to allow disposal of most of the stock be- 
 fore payment on the same is necessary. It is a common practice 
 also among large buyers to claim discounts even after the expira- 
 tion of the time allowed. We are told upon good authority that 
 the saving from this source is sufficient to finance the office force 
 of a large concern. 
 
 The percentage of mark-up also varies with the character of 
 the goods and the class of patronage. Where selling expenses are 
 high, as in the fashionable New York City stores, this will exceed 
 the figure given above. The range of gross profits also varies con- 
 siderably. The figure given above is fairly high. It may fall to 
 27 per cent or 28 per cent and mount to 35 per cent. Selling 
 expenses also vary widely, say from 20 per cent to the figure 
 given above. Of course, net profit depends upon the difference 
 of these two, and will ordinarily range from 3 per cent to 10 per 
 cent, with an average of 5 per cent to 6 per cent 
 
 We shall not here attempt to give a detailed analysis of all the 
 items of expenses, save to say that the sales, overhead, office, and 
 delivery, appear to be the largest items, with adveitising and 
 rent bulking very large in the accounts of the great city stores. 
 
 One feature must be remarked' before we can understand the 
 finances of a mercantile establishment, and that is the rapidity 
 with which this stock is turned over. The liquidation depends 
 upon the character of the goods and varies widely, from women^s 
 wear, which is sold out and replenished two or three times each 
 season, to books and housefumishings, which may be replaced 
 only once or twice a year. On the whole a live firm expects to 
 turn its stock five or six times annually. A very well managed 
 concern may effect a turnover of the value of all the merchandise 
 eight or ten times during a space of twelve months. Here, of 
 course, is where the profits in the business lie, for although a 
 5 per cent or 6 per cent net profit on the annual business seems 
 comparatively small, when we realize that this amounts to 25 
 or 30 per cent income on the capital actually invested, we begin 
 to see the source of revenue. 
 
 In addition to the charges above noted, the firm sometimes sets 
 aside sums as drawing accounts for members of the concern, and 
 also to pay interest charges, or to meet depreciation. Bad debts 
 
120 
 
 Appendix IV — Wage Ixv^estigation 
 
 and hard times affect the business of the concerns severely. Manj 
 of them run departments at an actual loss, or even conduct the 
 entire business on a slender liasis throughout the year with the 
 expectation of the busv times in the fall and winter.^ The present 
 troubles in the financial world have unquestionahlj affected the 
 stores a great deal, but the above outline of their financial opera- 
 tions probablv remains true. 
 
 2. ORGANIZATION AND WORKING CONDITIONS 
 
 By Albert H. N. Baron 
 
 The retail establishment is the final stage in the long process 
 of production. With the growth of population and the multipli- 
 cation of needs, the distribution of commodities takes on ever 
 greater importance in the social economy. This is evidenced by 
 the enormous increase in the size of individual establishments and 
 in the number of employees. It has led to increasing co-ordina- 
 ticm and more intimate relations on the one hand between the 
 retail distributor and the manufacturer; and on the other hand 
 between the retailer and the consuming public. This Jias served 
 to a great extent to standardize goods, and to simplify the whole 
 selling business. But the modem storekeeper is not merely an 
 intermediary between maker and user. The retailer has taken on 
 additional activities. He frequently controls directly the pro- 
 cesses of manufacture in important lines, as well as influences 
 them through forecasts of local conditions and probable demands ; 
 while the ever-growing association of retail distribution with the 
 various agencies of publicity links the stores more closely with 
 the public. It has become a commonplace that the modem news- 
 paper, for instance, could not have attained its present develop- 
 ment without the support derived from mercantile — predomi- 
 nantly retail — advertising; and through the publicity at their 
 command, dealers may and do exert an incalculable influence on 
 the national economy, and public taste. 
 
 The methods of retail distribution are so numerous as almost 
 to defy grouping or classification. Some of the principal ones 
 may be mentioned, (a) Large, centrally located department 
 stores, often with many millions of dollars in goods and thousands 
 of employees — in reality, many stores under one roof ; (b) some- 
 what similar neighborhood stores, general stores, etc., also dealing 
 with large varieties of merchandise, but on a comparatively small 
 scale; (c) the great and growing class of 5 and 10 cent and 
 similar stores restricted to low-priced goods in enormous variety ; 
 (d) the specialty stores, dealing in relatively few lines of one 
 general character, such as wearing apparel, household furnishings, 
 
 [121] 
 
122 
 
 Appendix IV — Wage Investigation 
 
 foodstuffs, eto. ; (e) the mail order houses, which fill orders from 
 customers at a distance and conduct their business with a minimum 
 of direct personal relations. One need scarcely mention the other 
 numerous but for the most part relatively petty distributing 
 agencies,— such as peddlers of various kinds who meet us at every 
 turn, and the scarcely less ubiquitous petty stores — which dis- 
 tribute, however, in the aggregate, a considerable portion of the 
 nation's production. 
 
 The present account concerns itself chiefly with employment 
 and conditions in the first three groups mentioned. No considera- 
 tion of mercantile establishments could leave out department 
 stores, which wherever they exist, give " tone " and " character " 
 to the mercantile activities of the locality. Neighborhood stores — 
 including the important stores of lesser localities as well as the 
 
 local stores outside of the main business centers of large cities 
 
 have been considered and are of interest as illustrative of tibe 
 variety of conditions obtaining in different places as well as within 
 single important geographical units. For similar reasons, the 
 5 and 10 cent stores have a special interest Developing with 
 marvelous rapidity in recent years, they have been much in the 
 public eye, and illustrate the principle of central control of small 
 units scattered over a wide area. 
 
 In the succeeding discussion, it should be borne in mind that 
 the statements made are necessarily generalized, and no one com- 
 munity or establishment is being considered, except as it may be 
 given in illustration. An attempt is here made to visualize the 
 main characteristics of an important phase of social activity, and 
 in particular to present some aspects of the problem of wages in 
 an impersonal way. What follows is to a large extent a summary 
 of what remains prominently in the writer's mind after many 
 visits to stores, as well as frank discussion with, and questioning 
 of, persons engaged in various capacities. 
 
 NEIGHBORHOOD STORES 
 
 • 
 
 Outside of the central business district of every large com- 
 munity there are found establishments of various kinds and sizes, 
 but all relatively small, each catering to the requirements of its 
 locality. In cities of varied population and localized industries 
 the distinction between the main business center and the smaller 
 
 Organization and Working Conditions 
 
 123 
 
 district centers is especially marked. Size alone does not differ- 
 entiate the stores. We find, for example, neighborhood stores in 
 various parts of New York City that would be considered large 
 department stores in a second class city. The following are some 
 of the features especially marking out neighborhood stores in 
 cities : Their custom is limited to a relatively small nearby area ; 
 the employees generally live within walking distance; the man- 
 agement is direct and personal, and usually in the hands of the 
 owners; and the stores, in order to accommodate the residents, 
 open much earlier in the morning than central stores, and fre- 
 quently keep open one or more evenings in addition to the regular 
 Saturday night business. Work among employees is relatively 
 unspecialized. The standard of salesmanship and of other service 
 is relatively low. The employees are usually of the less skilled 
 grades, and wages are considerably below the standards of " down- 
 town" stores. 
 
 That neighborhood stores are to any serious extent competitors 
 of centrally located establishments is hard to determine. In the 
 aggregate, of course, because of their numbers, the volume of the 
 business which the small stores transact is quite large, and doubt- 
 less some of the business they do because of their convenience to 
 the homes of people, especially in workingmen's districts, would 
 in their absence go downtown. However, as for real competition, 
 the small stores are at a decided disadvantage. They have no 
 facilities for large outlet to enable them to purchase advantage- 
 ously, and must, of necessity, for the most part carry staple mer- 
 chandise, on which profits are relatively small; while even as 
 regards local trade, since they are immediately dependent on a 
 limited district, they are exposed to the vicissitudes of their town 
 or part of the city. 
 
 FIVE AND TEN CENT STORES 
 
 This form of retail business, a direct outgrowth of the " Bargain 
 Counter" of earlier days, has in a relatively short time extended 
 over a huge field, and has Wome an important factor in the 
 merchandising of almost every community. To the interested 
 onlooker, it is a matter of constantly increasing wonder that such 
 a variety of articles, for the most part goods of solid worth, can be 
 obtained for a nickel or a dime. The fact that, in addition to 
 
m 
 
 124 
 
 Appendix IV — Wage Investigation 
 
 the numerous independent stores, the different chain stores, with 
 branches varjing in number from live to several hundred, are 
 spreading more and more over the country, indicates the almoet 
 limitless extent of the wants they satisfy. It is the one form of 
 retailing apparently adapted without modification to large centers 
 of population and to small towns. In many of the smaller locali- 
 ties, the 5 and 10-cent stores are the most prominent and attractive 
 as well as obviously the busiest places. 
 
 One outstanding characteristic of these stores is their relatively 
 small size. Even in New York City, a good-sized store has only 
 from 25 to 50 employees, while one having as many as 100 is quite 
 exceptional. The entire organization can thus be directly under the 
 eye of the manager. 
 
 Although a great degree of autonomy is left to the district 
 managers and the managers of individual stores, the chain-stores 
 are subject as regards general policy to a central office. Thus, 
 one corporation operating stores all over the country, in order to 
 obviate violations of the widely differing provisions regarding 
 child labor, has prohibited all employment of children under 16, 
 and has told its managers that if they get into any legal difficulty 
 they shall be personally responsible. 
 
 In general, the stores comply in each case with the prevailing 
 local practice in regard to hours and other conditions of work. 
 The compensation of managers is, as a rule, based on the net 
 earnings of their stores. It is therefore to the immedate ad- 
 vantage of each store executive to reduce the expenses, both of 
 wages and other charges, as far as possible, in order to show the 
 largest profit Within very wide limitfl^ each manager makes 
 his own policy. As a result, we find variations from store to store 
 in the proportion of employees to the amount of business trans- 
 acted, and in the wages paid — often in the same community and 
 under practically the same conditions. 
 
 The great success of 5 and 10-cent and similar low-priced 
 stores has been due in large measure to a few related causes — 
 such as putting all dealings on a strictly cash basis; reducing 
 selling costs by abolishing delivery charges; carrying stocks (xf 
 staples and seasonable novelties in wide variety; proper display 
 of goods; and the facilitating of sales by having the same person 
 act as saleswoman, cashier and usually also as wrapper. There is 
 
 Organization and Working Conditions 
 
 125 
 
 little loss in " dead merchandise," because the bulk of stock is 
 staple, and quickly disposed of. The cost of expensive advertise- 
 ment, so essential to modem competitive business, especially to 
 stores in large cities, has been almost completely eliminated. In- 
 stead of spending large sums for newspaper publicity, the popular- 
 priced store secures a good location and utilizes its windows as 
 trade magnets. Goods are selected and displayed so as to " sell 
 themselves." The employees behind the counter are in theory 
 expected to be little more than automatic attendants, to arrange 
 merchandise, receive money and hand over the articles to cus- 
 tomers. As one manager phrased it, " The cash roister is our 
 best employee." 
 
 In practice, however, much more is required, both in the way oi 
 work and of salesmanship than is stated by employers or appears on 
 casual observation. The testimony of one of the mercantile in- 
 spectors is of interest in this connection. For a long time she had 
 held a prejudice against the 5 and 10-cent stores as work places 
 for young people and had discouraged children from going to 
 work there. On further acquaintance her view came to be that 
 in the present lack of agencies for training youngsters in mercan- 
 tile employments, these stores, with the right management, are 
 the most available training schools. Ability to arrange and keep 
 stock properly is an important part of the equipment of every 
 good salesman. In 5 and 10-cent stores, the departments are 
 frequently shifted in location, and employees are changed from 
 one counter to another. New departments, seasonable goods and 
 novelties are being constantly added. Employees therefore would 
 have to be dull indeed were they to work for any length of time 
 in a store without acquiring considerable knowledge of goods, and 
 methods of displaying and selling them. The potential experience 
 in salesmanship is much greater than at first appears. Employees 
 must be able not only to attend to customers promptly and accu- 
 rately, but because of the large crowds, must have a knowledge 
 of people and exercise patience equal to that required in any other 
 busy place. It is by no means to be taken that the importance 
 of transactions, to the customer at least, is to be gauged by the 
 amount of money involved. A sale of a dime may require as 
 much tact, patience and skill as that of ten dollars in other kinds 
 of stores. 
 
126 
 
 Appendix IV— -Wage Investigation 
 
 The successful manager of one large 5 and 10-cent store up- 
 state stated that in his experience the policy of determining in- 
 dividual efficiency exclusively or even largely on a selling basis 
 was impossible in this business, because of the great inherent 
 unevenness in sales of different departments. He is convinced 
 that, once chosen with care, tliere is little difference in efficiency 
 possible among fairly intelligent and conscientious employees. He 
 prefers to employ only girls who live at home and have had no 
 previous store experience. To such he pays, as a minimum, $6 
 per week, and has had little difficulty in obtaining help. But he 
 has considerable difficulty in retaining his employees, who, after 
 a few months' experience, are able to obtain better paying positions 
 elsewhere. Hence, about 25 per cent are retained by him at $7 
 and $8, not necessarily because they are the best, but because of 
 the absolute need of having in the store a nucleus of persons who 
 know the various departments thoroughly and who can be relied on. 
 
 THE URBAN DEPARTMENT STORE 
 Management 
 As in the case of other activities that have passed beyond the 
 stage of direct co-operation by a few persons, one of the most 
 significant and interesting features of the modem department 
 store is its organization. The distribution of goods required for 
 supplying the wants of modern conmiunities is so complex, that 
 its various functions have become specialized, and its organiza- 
 tion requires and taxes the ability of the strongest and most alert 
 minds. Whether the actual direction remains with the owner- 
 ship or is exercised through a hired manager, the test and watch- 
 word of successful store operation is sustained selling efficiency. 
 In a sense, stores are semi-public institutions, and this character 
 has been emphasized on many occasions by merchants themselves ; 
 but however much men may have this understanding of their 
 function in mind, in conducting their business they are interested 
 in one main private object -— to show at the end of each week and 
 each year increases in business and in net profits. Department 
 stores have flourished in recent years like the proverbial green bay 
 tree, and many have been strikingly successful; but some mer- 
 
 Oroanization and Working Conditions 
 
 127 
 
 chants insist that past gains and successes are no infallible indi- 
 cation of the future. Every department store is not only in direct 
 competition with other department stores, but with the many 
 specialty stores that its departments parallel. The fact tbat both 
 forms of business, in their many varieties, have remained side by 
 side and have continued to prosper, indicates that not all the ad- 
 vantages of size and concentration can overcome the advantages of 
 specialization. Specialty stores can, and on the whole do, give 
 closer attention to the needs of individual customers, and at any 
 rate appear to maintain a more direct and personal administra- 
 tion of the business. 
 
 In the urban department store, as a result not only of the size 
 of the establishments and the great numbers of persons employed, 
 but even more because of the huge number and variety of the 
 transactions involved, a minute gradation of authority and re- 
 sponsibility is requisite. The scope for individual initiative is 
 necessarily reduced. The arrangement of superiors and subordi- 
 nates must be as precise as that of a military organization. It is 
 in theory, and to a considerable extent in practice, just as im- 
 personal. 
 
 The departmentalizing and subdividing a retail business has 
 nowhere gone as far as in New York City. As a corollary, the 
 impression made on the observer is that up-state stores, even those 
 of considerable size, are much more of a unit than the large ones 
 in the metropolis. For one thing, the principal owners of the 
 businesses in smaller cities are very active in their management. 
 In many cases it is apparent that a sort of personal regime obtains, 
 and that the general sentiment within the business is one of cor- 
 diality. With few exceptions the heads of up-state stores seem 
 to be easily approachable by their employees. Mere difference 
 in size of establishments cannot altogether account for this. There 
 are many small businesses in which the relation of employer and 
 employees is one of aloofness; while, on the other hand, in a 
 number of conspicuous examples of large establishments, even in 
 New York City, the spirit of the head of the undertaking appears 
 to percolate through all its gradations and ramifications. 
 
 There is, as a matter of fact, little to differentiate any particular 
 employment in a department store from similar occupations in 
 
128 
 
 Appexdix IV— Wage Investigation 
 
 It 
 
 tt 
 
 ',1 
 
 that the department store is a complex of what are otherwise 
 other lines of iudustrv . This becomes evident when we consider 
 known as independent businesses. It is in the size, coUocation 
 and co-operation of the dilierent activities that we find new conr 
 ditions arising. Thus, for example, transfers of employees from 
 department to department are incomparably easier than between 
 entirely separate organizations. Similarly,*^ the establishment of 
 a uniform policy toward employees, or toward the public, becomes 
 of greater importance with the extension of the field it has in 
 which to work. 
 
 CoxDiTioxs OF Employment 
 A heterogeneous institution, such as the department store has 
 become, performing many functions and using the services of 
 persons of diverse kinds and abilities, is naturally a focus of 
 attraction for all sorts of people. As a rule, the employment 
 office of a large store receives applications for almost every kind 
 of a job, and the management has but to choose from groups of 
 candidates. In every large community there are great differ- 
 ences in the actual services rendered by stores. But the 
 mechanics of the work in similar departments of any two stores 
 is largely the same. Thus, persons experienced with the stock 
 of one store may change to another with litttle loss of efficiency 
 -- sometimes, indeed, with much gain. The bulk of merchan- 
 dise is standardized; though articles of one manufacture appear 
 under a variety of labels, and it is to the advantage of each store 
 to build up custom for its particular brand. This helps to ex- 
 plain why most stores in large centers find relatively little diffi- 
 culty in filling ordinary positions on short notice, by attracting 
 people from other stores or from among the numbers who are, at 
 any given time, out of a job. 
 
 The employees themselves form a large and constanUy active 
 recruiting force for new help. Knowing conditions in the es- 
 tablishment, and having advance knowledge of vacancies, they 
 are instrumental in obtaining positions for friends and relatives. 
 Some managers have stated specifically that they encourage this 
 practice, having found that persons recommended by present em- 
 ployees are usually very serviceable. Advertising in newspapers, 
 when in need of particular kinds of employees, especially dur- 
 
 Oroanization and Working Conditions 
 
 129 
 
 ing rush periods^ is a growing custom and is resorted to by all 
 stores. A general disinclination, however, in New York City, 
 as elsewhere, seems to exist to the utilization of the ordinary com- 
 mercial employment office. 
 
 As a rule, the various divisions of a large store, especially the 
 selling departments, numerous though they are, enjoy a good 
 deal of autonomy. They have their own policies, are charged 
 with their share of expenses and credited with their profits. 
 The head of a sales department is generally the buyer, who not 
 only purchases the merchandise for it, as his name indicates, 
 but also administers it. The buyer is responsible to the man- 
 agement for the conduct and efficiency of the people under him. 
 There is, naturally, keen competition among department heads 
 to show the most favorable results in increased volume of busi- 
 ness, reduced expenses, and greater net profits. In many in- 
 stances buyers actually engage their subordinates. This is re- 
 flected in the personnel of departments. One head may show a 
 preference for native Americans; another for those of a partic- 
 ular nationality; a third may discriminate in favor of those of 
 his denomination, or in favor of men as against women, and so 
 on. Retention, promotion and dismissal depend on the buyer's 
 judgment, though in the best organized stores no one is dis- 
 charged without a personal word with the superintendent 
 
 The employment department in large stores is usually central- 
 ized in the superintendent's office, where all who seek employ- 
 ment, except executive and other high salaried positions, must 
 go through a prescribed routine. Personal observation, as well 
 as comparison of application forms, discloses great differences 
 in the kind and variety of information desired as a prerequisite 
 to employment All agree in asking the usual questions relating 
 to age, experience, etc, but some employers also delve rather 
 deeply into the personal and social relations of the applicant* 
 
 • The following are some questions from application forms. The italic 
 Items are the following occurring on the simpler forms; the others are not 
 «11 found on any one form, but are collated from a number of sample 
 application blanks obtained by the Commission: 
 
 Name in full 
 
 Address 
 
 Vol. II — 5 
 
130 
 
 Appendix IV — Wage Investigation 
 
 Organization and Working Conditions 
 
 131 
 
 In many cases, especially during rush periods, employees are 
 engaged conditionally, prior to the investigation of references. 
 This practice may help to account in part for the immense num- 
 ber of changes that occur in some of the stores. Unsatisfactory 
 
 How long have you lived at your present address? 
 
 Name two of the previous places where you boarded or kept house, with 
 
 length of time in each place 
 
 Age Married or single 
 
 Place of birth Nationality 
 
 Languages spoken 
 
 Have you had a common school education ? 
 
 Have you graduated ? 
 
 Are you in good health ? 
 
 Have you ever had any serious illness? 
 
 Height feet inches. 
 
 Weight pounds. 
 
 Have you good eyesight ? 
 
 Are you a good judge of colors? 
 
 What church do you attend ? 
 
 Do you live with your parents ? 
 
 How many members of your family reside with you ? 
 
 Have you anyone dependent on you for support ? 
 
 Are you the sole support ? 
 
 How much do others contribute ? 
 
 If housekeeping, what rent do you pay ? 
 
 How much board do you pay ? 
 
 Cost of living exclusive of clothing? 
 
 Do you know any of our employees? 
 
 If so, give names 
 
 Have you any relatives in our employ at present? 
 
 Are you employed at present ? 
 
 Where? 
 
 In what position ? 
 
 At what salary ? 
 
 What position do you apply for? 
 
 Salary loantedf 
 
 Departments most familiar with f 
 
 Have you ever been employed here ? 
 
 If so, how long? 
 
 In what departments? 
 
 When did you leave? Month Year 
 
 Why did you leave ? 
 
 Last employer's name 
 
 Address 
 
 Kind of business 
 
 What salary did you receive? 
 
 How long were you there? 
 
 references result in the dismissal of the employees after a few 
 days.* 
 
 Up-to-date stores keep in convenient form for reference all 
 information on hand relating to past and present employees, as 
 well as the persons who have at any time applied for work. 
 Such records are also found helpful in determining efficiency, 
 and do away with dependence on memory and the chance im- 
 pressions of officials. 
 
 When did you leave? 
 
 Why did you leave? 
 
 Were you ever dismissed? If so, give reason 
 
 Names and addresses of people {not relatives or previous employers) who 
 
 know you to be honest and worthy 
 
 In case you are called to assist in another department, will you respond 
 
 willingly and put forth your best efforts to please? 
 
 Would you consider it your duty to report in writing or otherwise, any act 
 
 or conduct of your fellow-employees that you consider against the interest 
 
 of our business? 
 
 I agree, if engaged, to conform to the rules and regulations of the firm. 
 My engagement can be terminated at any time without notice (at the close 
 
 of any business day) at the option of the firm, without assigning any reason 
 
 therefor, I being likewise at liberty to terminate. 
 Absence from duty for one week without notice terminates my engagement. 
 Should the position assigned to me require the wearing of a uniform, I 
 
 agree to pay for same at the rate per week required by the firm, and the 
 
 said uniform is to remain the property of the firm until fully paid for 
 
 by me. 
 
 In the event of my being engaged, I agree to become a member of the 
 Employees' Association and to abide by the constitu- 
 tion of the same. 
 
 The firm is authorized to deduct the amount of the dues from my salary. 
 
 •As a rule, no reason is assigned for dismissal. Some application forms 
 specify that no reason for leaving or discharge need be given. In most 
 instances the first and only information received by an employee regarding 
 the termination of his job is a slip in the pay envelope bearing the laconic 
 message, "Your services are no longer required." The practice, however, 
 varies greatly. One manager stated that he had made it a rule not to 
 discharge any regular employee, especially one who had been with the firm 
 for a long time, even if obliged to let him go because of delinquency or other 
 good reason. The employee was in every case given an opportunity to 
 " resign." Unless the circumstances were serious, the firm did not then feel 
 obliged to " expose " the former employee in case of reference by other firms. 
 In another large store although dismissal is within the jurisdiction of the 
 employing superintendent, every employee who resigns is interviewed by the 
 general manager before leaving. 
 
132 
 
 Appendix IV — Wage Investigation 
 
 Thus, a valuable asset of one of the large New York City 
 stores is the " dead file," containing information accumulated in 
 almost 20 years regarding more than 150,000 persons who have 
 been in the employ of the firm during this period. 
 
 In one up-state store the superintendent keeps, together with 
 the record of the sales of each clerk, a personal record contain- 
 ing the application blank, the references filed at time of appli- 
 cation, and a list of demerits. The demerits run something 
 like this — 
 
 January 3. Late 10 minutes. 
 
 February 1. Customer complained of discourtesy. 
 
 March 20. Buyer had to reprimand for disorderly counter. 
 
 March 30. Gave wrong address. 
 
 Then, when a clerk asks for a raise, her selling record and 
 her personal record are both looked up and her promotion de- 
 pends upon what these records disclose. Clerks are told frankly 
 why they are not raised if it is thought best not to promote. 
 When a clerk leaves the store, her sales record and personal 
 record are filed away together and then if she ever comes back 
 for another position, her record is looked up and the firm can 
 tell of her efficiency and standing when she was with them 
 before. 
 
 In all but the largest up-state stores, in which one person 
 usually employs for all departments, no systematic records of 
 employees are kept. It has even been found in stores of con- 
 siderable size that the management did not have a complete list 
 of current employees, and in rare instances not even a complete 
 current payroll was in existence. 
 
 Fluctuation of Employees 
 
 In connection with employment in manufactures it has been 
 abundantly shown that although the wages paid bear no constant 
 ratio to tlie length of time employees have been consecutively 
 with one establishment, the shifting of employees from factory 
 to factory has an important effect, adversely, on the wages paid. 
 The situation as regards store employment is similar. The 
 changing of employees, of serious moment everywhere, becomes 
 of very great importance in larger centers. That the degree of 
 shifting of personnel increases on the whole with the size oi the 
 
 Organization and Working Conditions 
 
 133 
 
 
 locality, because of the presence of many alternative employ- 
 ments, holds true not only of unskilled employees in the stores, 
 but also of salespeople and other similar groups. The import- 
 ant difference in character and significance of this shifting from 
 place to place, from the standpoints of the factory and the store, 
 becomes clear if we bear in mind the consideration that, while 
 in the factory, as a rule, the worker has but a particular piece 
 of machinery to attend or an operation to perform, and is in 
 great measure a mere cog in a great impersonal machine, most 
 of the employees of a store have direct and often complex re- 
 lations with others there as well as with the public. To obtain 
 merely a working knowledge of the routine and the policy of a 
 store requires some time, — several months, if a knowledge of 
 the stock be added. The shifters manifestly! cannot do this. 
 Before they learn the location of departments — before they 
 find out the location of stairs and exits, they have moved away. 
 The large amount of short-time employment in some stores is 
 in same ways an almost inexplicable phenomenon. Changes are 
 not always for the better from the standpoint of wages. Many 
 of the voluntary as well as involuntary " resignations " are due 
 to incompatibility or other personal reasons, in which the ques- 
 tion of wages does not play the deciding part. Others must 
 change because of business reverses of their employers. 
 Changes do not appear to be due predominantly to alternation of 
 busy and slack seasons, or to be coincident with them. Nor does 
 the number of fluctuations always coincide with the variation in 
 total numbers employed. Of course, at certain seasons, particu- 
 larly during the Christmas holidays, when the demand for ad- 
 ditional and temporary labor is hard to fill, even with the impress- 
 ment of the unemployed, changes from one firm to another are at 
 their height. Some stores have come to depend much on their 
 lists of extras, comprising married ex-employees and others who 
 can be called upon for emergency servica One New York City 
 firm has several hundred who regularly return for work during 
 the Christmas season. During the holidays, furthermore, large 
 numbers of inexperienced persons are necessarily taken on, and 
 some of these remain after the rush days are over, often displac- 
 ing those of more experience but less efficiency. 
 
I! i 
 
 134 
 
 Appendix IV — Wage Investigation 
 
 Generally speaking, the smaller the community the more are 
 we likely to find employees remaining for long periods with one 
 firm. The absence of alternative employment in other local 
 industries, as well as the fact that little is to be gained by chang- 
 ing, tends to keep employees in one place. In larger cities, with 
 their greater and more complex organizations, there is little per- 
 sonal attachment in the majority of cases. Store officials have 
 sometimes expressed themselves in strong terms regarding the 
 conduct of many employees who go over to other establishments, 
 without notice, during the busiest periods. However, this action 
 on the part of employees is not to be wondered at, since it is not 
 usual for employers to give much notice when discharging or lay- 
 ing off help ; and many of the applications for employment have 
 the specific condition that either party may terminate thr engage- 
 ment without notice. The frequency with which this is practiced 
 by employers when business becomes dull explains and mitigates 
 the otherwise inconsiderate action on the part of employees. 
 
 Establishments that have been long in operation, particularly 
 those that have been continuously under one management, fre- 
 quently show a large proportion of employees who have been with 
 the firm for many years. Some employers who disclaim the title 
 " philanthropist " nevertheless admit that they feel a certain com- 
 passion for such faithful and long-serving workers. It is quite 
 evident that in many instances old employees are retained to 
 " potter about " at their wonted occupations when they are of no 
 positive service. But the very lack of generality and system in 
 this practice brings into sharp relief the absence of foresighted 
 provision for old-age insurance or pensions. 
 
 There can be no question that there exists much more private 
 beneficence to individual employees than is generally known. 
 One up-state store, which makes no pretence of being philan- 
 thropic, stated that it had spent last year over $5,000 in the form 
 of pensions and special contributions to its employees. Small 
 stores are relatively at a great disadvantage in this regard, as they 
 cannot put aside even a modest sum for such purposes. 
 
 Aside from the advisability of keeping such personal benefac- 
 tions private in order to avoid the charge of making them for 
 advertising purposes, employers must often insist on secrecy in 
 
 
 
 Organization and Working Conditions 
 
 135 
 
 order not to bo burdened with numerous cases fully as " deserv- 
 ing" as the ones chosen for aid. Frequently it is a matter of 
 helping a dependent of an employee in distress. As one merchant 
 put it, it would be too much to expect that employers should make 
 a practice paying the hospital, funeral and other expenses of 
 dependents of employees. 
 
 Qualifications of Employees 
 
 The qualifications desired or required of store employees vary 
 not only with the kind of work they are expected to perform, but 
 depend very much also on the " grade " and location of the estab- 
 lishment and the policy — the preferences or prejudices — of the 
 management. Stores that are centrally located and appeal to 
 patronage from a large area naturally require a sales personnel 
 that is more adaptable than stores catering to a limited trade in 
 one locality. 
 
 Physical Requirements 
 
 In but two of all the establishments studied have any provisions 
 been made for a systematic and thorough examination of all per- 
 sons before they are definitely taken on the force. Thus, so far 
 as physical fitness of an applicant for a given task is concerned, 
 according to the almost general practice, the determination is the 
 result of the fleeting impression of the employing official in the 
 course of an interview of a few moments. Ocasionally the appli- 
 cant is required to answer the question, "Are you in good health V\ 
 but it cannot be expected that anyone not in good health would 
 jeopardize the chance of obtaining employment by saying so. 
 
 This of course is the existing condition in almost all lines of 
 employment, and is not limited to stores. It is probable, however, 
 that much of the strain and misery of many store occupations, 
 especially those requiring much standing or bending, may be 
 attributable to the fact that persons are engaged who are not 
 physically fit for the work ; and much of the human cost in em- 
 ployments might be lessened by preliminary examination, and 
 periodical examination thereafter. 
 
 The relative severity of different classes of occupations within 
 a store organization is a matter difficult of determination. Even 
 in one group, such as sales, one department, e. g., rugs or domes- 
 
136 
 
 Appendix IV — Wage Investigation 
 
 tics, may require almost constant lifting of heavy articles, while 
 another, say gloves or jewelry, is relatively effortless. Again, some 
 departments may be very busy, permitting employees no time for 
 rest, at the same time that others are dull. To what extent, 
 the constant adjustments, necessary as different customers are dealt 
 with, become a factor increasing or lessening fatigue depends 
 greatly on the temperament of the individual. There is no doubt 
 that some prefer the counters where there is ^^ something doing 
 every minute," while others prefer the " slow " departments. 
 
 In the office work of stores the bulk of the work is of a strictly 
 routine character. One gets the impression that office employees 
 are kept rather busier than in most other branches doing com- 
 parable work. 
 
 The shipping and delivery force have obviously the heaviest 
 work. Packers, e. g., must not only be skilled, especially as so 
 much of the goods handled is of an easily breakable character, but 
 their work also demands sustained exertion. Only rarely is any 
 of this work done by women. In connection with the delivery 
 proper, a noteworthy feature is that both drivers and chauffeurs 
 often must take care of their vehicles, and drivers also of their 
 horses, after regular hours. 
 
 Personal A ppearance 
 
 Salespeople constitute the part of the store personnel with which 
 the public comes most in contact. To nearly everyone the expres- 
 sions " high grade '' as contrasted with " popular " or " low grade '* 
 store have reference fully as much to the personnel as to the quality 
 of the merchandise sold or the characteristics of the building and 
 fixtures. It is a far cry from the rough, careless aspect of some 
 stores to the refined, well-groomed appearance of the employees 
 in stores that cater to " the best trade." There is no question that 
 the good-looking, well-dressed person is favored in getting and 
 keeping employment This is particularly applicable as regard 
 women. Most stores have definite requirements for the dress of 
 their employees aside from those who are uniformed. Thus, a 
 coDomon requirement is that saleswomen should wear white shirt- 
 waists and dark skirts. 
 
 The distinct preference for persons of good appearance is fre- 
 quently reflected in the wording of advertisements for help. Some 
 
 Organization and Working Conditions 
 
 137, 
 
 
 
 employers have regretted that conditions should exist making for 
 such discriminations, since good looks are not necessarily accom- 
 panied by ability, honesty, industry or " general worth," upon 
 which a store's lasting success is based. Managers have again and 
 again pointed out, with evident pride, employees who were physic- 
 ally defective — often to a d^ree that one might expect to repel 
 patrons — who were nevertheless the most efficient people in their 
 departments. But such stray examples serve only to emphasize 
 the stress ordinarily laid by employers on appearance. 
 
 Manners 
 
 Tact and pleasing manners are highly requisite to salesmanship, 
 not less in " popular " stores than in those catering to " fine 
 trade." Well-nigh limitless patience is as great and as necessary 
 an asset as knowledge of merchandise. Indeed, the latter is some- 
 thing that must be learned by everyone, but temperament appears 
 to be fixed by the time people go to work. In the high grade 
 stores there is also required a certain dignified obsequiousness, 
 and at least a simulation of acquaintance with the mysteries of 
 fashions and proprieties. These are unquestionably rarer in this 
 country than abroad, and there is general complaint on the part 
 of the higher grade stores that it is difficult to obtain the right 
 sort of persons unless they are taken at an early age and trained 
 into the particular organization. But these stores do not pay 
 conspicuously higher wages to beginners, though their standards 
 are higher. Those experienced elsewhere who are attracted by the 
 higher wages paid by such stores to full-fledged employees are not 
 usually of a type that high grade stores prefer. 
 
 Educational Qualifications 
 
 While employers agree in looking with increasing favor on 
 high school graduates, they appear to have no specific reason, in 
 most cases, for their preference, which may be merely a reflection 
 of the common view that an increment of schooling should provide 
 a better sort of worker. It would be fair to say that, in general, 
 the educational standard for store employees is low, and schooling 
 is even now decidedly a minor factor in determining an employer's 
 choice. Very rarely is any question regarding education asked on 
 
I!' 
 
 138 
 
 Appendix IV — Wage Investigation 
 
 Organization and Working Conditions 
 
 139 
 
 the application blank. Ability to write legibly and to perform 
 simple arithmetical operations with exactness and a fair degree 
 of speed appear to be all the literary accomplishments that are 
 absolutely necessary. But such a degree of expertness should have 
 been attained long before passing through the grammar school. 
 Managers repeatedly complain of the poor quality of the product 
 that the schools turn out, as evidenced, for instance, by the large 
 number who cannot fill out an application blank legibly and 
 correctly. In New York City and elsewhere applicants are so 
 sorely deficient in the presumably well-taught '' Three R's ", that 
 the stores have established, in conjunction with the Board of 
 Education, classes to supplement the regular school work. It is 
 only reasonable to expect that the generally low standard of educa- 
 tional fitness prevailing is in itself an obstacle to increase in 
 efiiciency and eligibility for promotion to responsible positions.* 
 
 Openings for persons without experience are available in every 
 store. With rare exceptions, however, stores prefer to give em- 
 ployment, even in non-skilled occupations, to those already ex- 
 perienced. Some stores, however, seem to serve, consciously or 
 not, as training schools, though generally having no organized 
 educational courses. The larger establishments have necessarily 
 undertaken directly the training of young persons for different 
 classes of work, in order to supplement the insufficient supply of 
 experienced help. Of these courses, the one most developed and 
 significant is that for salesmanship. The instruction usually 
 consists of a few hours per week in taking care of stock, obtaining 
 a working knowledge of the merchandise in a department, and 
 methods of dealing with different types of customers. 
 
 In Buffalo the cooperation of stores with the city school system 
 has resulted in a school of salesmanship, to which the principal 
 stores send selected employees for training. The policy of the 
 school is largely determined by an advisory committee of store 
 superintendents, who also give informal talks before the students 
 at frequent intervals. The school seems to be highly regarded by 
 the merchants as well as by the educators of the city. 
 
 •There are, it is true, some illiterate salespeople who are successful 
 despite the fact that they may be unable to make out their own sales checks. 
 But it is only fair to note that these are usually elderly employees, and they 
 belong to a passing phase. 
 
 
 In the smaller communities, where changes are relatively few 
 and the rate of growth is slow, even the large stores have at any 
 particular time only a very small number of novices. The em- 
 ployers appear to go on the belief that even without formal train- 
 ing these beginners should under the circumstances learn the 
 work more easily than elsewhere with formal instruction, since 
 they are from the outset brought into contact with more various 
 aspects of the business than is possible in metropolitan stores. 
 
 Age Limits 
 
 There are many selling positions, chiefly at bargain counters, 
 notions, and other low-priced goods, for which the need of ex- 
 perience is least, in which children of school age were frequently 
 employed in the past. Nowadays, quite generally no children 
 under 16 are employed in selling, their use, where still employed, 
 being as check boys and girls and at the wrapping desks. But 
 the restrictions of the Labor Law and the installation of auto- 
 matic devices are discouraging the employment of children alto- 
 gether. From 16 then as a practical minimum for both boys and 
 girls, the preferred age period extends to 30 years, but varies 
 considerably from store to store and from department to depart- 
 ment. In many department stores, despite the presumed advan- 
 tage of their large accumulated experience, there is doubtless a 
 tendency toward the elimination of older help. It is difficult to 
 say where, except for personal and humanitarian motives, this 
 process would stop. There is no '' dead line at 40 ", but unques- 
 tionably people above this limit, even though of acknowledged 
 efficiency where they have been, are finding it ever harder to 
 obtain new employment. 
 
 Moral Qualificatio7is 
 
 Because the general subject of the morals of store employees has 
 received considerable attention in discussions in the public press 
 and otherwise, it has become a topic on which few persons con- 
 nected with store management have been found to speak with 
 composure. All who have been interviewed profess their deter- 
 mination and desire, if only from motives of enlightened selfish- 
 ness, to employ only persons of upright life and proper habits. 
 It is recognized as self-evident that a store's lasting success de- 
 pends upon the character of its employees. At the same time. 
 
140 
 
 Appendix IV — Wage Investigation 
 
 many store executives disclaim all power or desire to censor the 
 behavior of their employees outside of their working hours, pro- 
 vided their work and deportment in the store is acceptable. Some 
 managers, however, have expressed themselves in favor of more 
 rigorous censorship of the conduct of employees, both in and out 
 of the store. All admit that it is a most difficult part of their 
 position. 
 
 It is assumed, and experience has justified the assumption, that 
 the vast majority of people are honest and may be trusted. The 
 managers interviewed appear to think that the majority of their 
 employees are, if anything, rather more trustworthy than the 
 general body of people. Yet stores of any size find it advisable 
 to take extensive precautions against dishonesty not only by 
 various checks and audits, but more directly through a detective 
 service that occasionally becomes little else than a spy system. 
 Not only are " outsiders '' employed, in the guise of shoppers, etc., 
 to test and report,* but employees are encouraged to report on 
 the delinquencies of colleagues.f The obligation to do this is in 
 many cases very clearly, though not in terms, made a condition of 
 employment. Most application forms, to be filled and signed by 
 candidates for position, contain this query: " Would you consider 
 it your duty to report, in writing or otherwise, any act or conduct 
 of your fellow-employees that you consider against the interest 
 of otir business ? '' This has probably served, for one thing, to 
 discourage united action on the part of employees. 
 
 Within the store itself many conditions exist encouraging or 
 discouraging honesty. One of the most flagrant stimulants for 
 chicane and sharp dealing has been abolished through the introduc- 
 
 * Thus, in one instance reported, a customer complained to an employee in 
 a large store of her inability to get the kind of goods she wanted in a 
 neighboring department. The employee, in order to be obliging, gave the 
 customer her card with the name and address of another firm, where ^e 
 might find what she desired. The following morning the employee was 
 called to the superintendent's office and confronted with her customer of the 
 day before, who proved to be one of the store detectives. After a few words 
 of denunciation of her lack of loyalty to the firm, the superintendent sum- 
 marily dismissed the employee from the service, 
 
 fA typical instance is the case of a saleswoman in one of the largest stores 
 whose regular wage was $10 but who in addition received $2 per week. When 
 asked what this was for she replied, " It is for keeping my eyes open to 
 what goes on in tlie department.'' 
 
 Organization and Working Conditions 
 
 141 
 
 f 
 
 ^ 
 
 tion and spread of the one-price system. Much, however, still 
 remains to be accomplished. The current movement, both within 
 advertising circles and among the public looking toward the 
 elimination of false and extravagant statements and claims should 
 result in raising the level of the selling profession. Foresighted 
 employers have long since realized that it is not reasonable to 
 expect strict honesty on the part of subordinates when they them- 
 selves set a bad example in their relations with the public. 
 
 Division of Labor 
 
 " Productive '^ and " non-productive " are the two terms under 
 which employees are grouped in most department stores. The 
 former generally includes that part of the personnel engaged 
 directly in selling goods; the latter comprises all others. For 
 the purposes of administration, as well as for the ascertaining and 
 distribution of expenses and profits the organization is further 
 partitioned into many — it may be a hundred or more — arbitrary 
 " departments " or " sections." But for the purpose of a func- 
 tional analysis of the operation of a modern department store, 
 a few large divisions suffice. One such classification may be made 
 as follows: 
 
 Central or executive, having general oversight of the entire busi- 
 ness ; purchasing and maintenance of stock ; selling ; delivery ; em- 
 ployment ; office, for the firm's records of transactions ; advertising ; 
 manufacturing; service organization. Such a grouping does not 
 correspond with an accountant's distribution, nor with the " de- 
 partments " as we know them in the stores. These divisions 
 are not coordinate or mutually exclusive categories. Persons in 
 any one class may function in one or more of the others. Advertis- 
 ing, for example, is intimately connected with both purchasing and 
 selling; while the employment department covers all branches of 
 the business. But the divisions named are sufficiently marked 
 off from one another to be held distinct. 
 
 Under ^' office " is included a great variety of occupations, 
 principally employing females. They range in skill and re- 
 sponsibility from the merest routine work of young girls to the 
 highly skilled, generously paid, confidential services of heads of 
 divisions. Special note can be taken here of only a few typical 
 classes. 
 
142 
 
 Appendix IV — Wage Investigation 
 
 Cashiers are employed to take care of the receipts from sales. 
 In many instances every floor or section of a store has its cashier*8 
 office. The work of carrying the money from salesperson to the 
 cashier, and of the goods to the wrapping desk, and then bringing 
 back change and the tied up goods, still furnishes the largest field 
 of employment of boys and girls. But the method increasingly in 
 vogue is the use of mechanical conveyors and pneumatic tubes, 
 by means of which salespeople in all parts of the store send the 
 money received from customers to central stations. Here sit the 
 tube-girls — often numbering a score or more. Each attends 
 several tulws, out of which the cylindrical money-boxes shoot at 
 great speed. The girl opens the receptacles in turn, and, in the 
 twinkling of an eye, makes change, stamps the sales check " Paid," 
 and returns it to the point of origin. At the close of business, 
 the sales checks are totaled and the money counted. 
 
 As " auditors " there are employed large numbers of girls who 
 sort and compare sales slips, bills, etc., verify computations, and 
 prepare material for brief statistical presentation of the business 
 from time to time. There is always a large amount and variety 
 of bookkeeping — such as ledger work, sales records, purchases, 
 credits — in which both men and women are engaged. To take 
 care of the filing of records many clerks are needed. Every 
 store inevitably has an enormous mass of correspondence. This 
 necessitates the employment of a host of secretaries, stenographers 
 and typewriters. The mail order department requires an organiza- 
 tion of its own, particularly " shoppers," who represent the 
 customer in the selection of goods. 
 
 The task of keeping, with the help of time clocks and other 
 devices, accurate records of working time for an establishment 
 employing hundreds — or even thousands; the preparation of 
 the weekly payrolls and pay envelopes; and the paying of em- 
 ployees require the continuous employment of a separate corps. 
 The employment division, with its numerous functions, such as 
 the ascertaining in advance the help needed for each branch of the 
 establishment; interviewing and selecting applicants ; investigating 
 references and complaints ; and general supervision and discipline 
 of employees — all this requires a staflF in addition to the super- 
 intendent and his immediate assistants. The advertising depart- 
 ment is another separate organization, with a personnel varying 
 
 
 4 
 
 Organization and Working Conditions 
 
 143 
 
 all the way from manager to oftice boy, and including such diverse 
 persons as writers, artists, printers, sign writers, and window 
 dressers. Messengers, telephone operators, post office employees, 
 information desk attendants, are some of the other classes of 
 employees found in varying numbers in what we have called the 
 office division. 
 
 In the handling of merchandise, before it is sold, the principal 
 operations are checking, marking, putting away in stock. After 
 goods are sold, they are wrapped, packed, and delivered to cus- 
 tomers. These are all vital parts of store operation. With the ex- 
 ception of wrapping, in which a large proportion of girls are em- 
 ployed, this is chiefly a group of men's occupations. Many of the 
 employees are young and get their first experience with the re- 
 ceiving and delivery departments. The work is largely routine 
 and unskilled, though it requires continuous physical exertion, 
 and on the whole offers little chance for advancement. Alert 
 stock people, it is true, on becoming familiar with merchandise, 
 are naturally advanced to the sales division. The delivery de- 
 partment, especially in the large centers, is becoming increasingly 
 important, more extended in scope and more efficient in operation. 
 Beginners start as bundle boys, special delivery messengers or 
 wagon boys assisting the drivers. With the increasing use of 
 motor vehicles, the standards and requirements are being raised 
 and more opportunity is offered to men of skill and energy. 
 
 Even in merely glancing over a list of sales departments, or 
 in cursory observation in any large store, one notes the variety of 
 what is included in the comprehensive and apparently clear term, 
 " salesman " or " saleswoman." Even the diversity of goods partly 
 indicated by the variety of sales departments of a representative 
 store in New York City is no greater than the varieties of the 
 human element involved. Here, for instance, are little girls in 
 short dresses, " saleswomen " at notion counters ; and farther on, 
 is a woman of experience and tact, also a " saleswoman," who 
 advises on color schemes for interior decorations or the styles and 
 materials for costly gowns. On the same floor, within a few steps 
 of each other, are the girl who sells cheap editions of the latest 
 " ragtime," and the expert who knows all the " points " of pianos. 
 Youths are called " salesmen " when they do little more than 
 " wait on customers " at a table strewn with odd and ends of 
 
144 
 
 Appendix IV — Wage Investigation 
 
 
 I 
 
 
 men's furnishing goods ; and we find as " salesmen " also gray 
 beards who are authorities on oriental nigs or rare first editions. 
 Between extremes such as these, there are all sorts of varieties 
 and gradations of employees. One characteristic they have in 
 common — their specific function in the store organization is to 
 sell goods. 
 
 Perhaps the best way of indicating typical operations involved 
 in various departments of a modem retail establishment is to fol- 
 low an article through the store, noting the principal steps, from 
 the time it is purchased until it is sold and delivered to a 
 customer. 
 
 The buyer of the dress silks department, for example, places 
 an order with a mill representative for a lot of black taffeta. 
 The carbon copy of the order, specifying quality, quantity, price, 
 date of delivery, terms, etc., is filed in its appropriate division 
 in the office. Months later, an invoice is received from the mill 
 for a shipment of the silk. It is compared with the order before 
 it is approved and filed. A little while later the case of silk is 
 delivered to the receiving platform of the store. The case is 
 opened, the goods are unpacked, carefully examined and checked 
 with the invoice. The pieces are then marked with the cost and 
 selling prices and other data desired by the department manager. 
 The invoice, checked and approved, is returned to the office for 
 payment. The facts regarding the shipment are entered on the 
 stock book, in which is kept a detailed inventory of all goods 
 received and sent out of the stock department. Some pieces are 
 sent at once to be placed on sale, and charged to the department ; 
 the rest is placed on the reserve stock shelves, to be kept until 
 required to replenish stock sold. The work thus far involves the 
 services of teamsters, receivers, checkers, markers, stock clerks, 
 and other helpers. 
 
 In the silk department, the saleswoman puts the pieces of silk 
 on the proper shelves or on display, as the case may be. It is 
 her duty not only to sell goods, but also to keep the shelves and 
 counters of her section clean and orderly, and arrange the goods 
 so that they may be easily gotten at. Now comes a customer who 
 asks to see some black taffeta. The saleswoman shows several 
 pieces, explains the quality and other characteristics of the dif- 
 ferent kinds — the "points" of the goods — and prices. On 
 
 Organization and Working Conditions 
 
 145 
 
 
 ' 
 
 
 receiving an order, she measures and cuts off the quantities de- 
 sired. She then computes the amount of the purchase and pro- 
 ceeds to make out the sales check. A form of salesbook commonly 
 used contains perforated slips, with carbons between, so that they 
 may be filled in triplicate at one writing. The saleswoman writes 
 down the kind of goods, quantity, price, amount received, date, 
 her own number and other reference marks. The goods, money 
 and sales slip are then sent to the wrapping desk. Here an ex 
 aminer compares the goods with the items on the sales slips, and 
 sends the slips with the money to the cashier. The latter retains 
 one slip, and sends the second to the auditing division. The 
 third one she stamps " Paid " and returns to the wrapper for 
 inclosure with the goods. The wrapped parcel is sent to the sales- 
 woman, who hands it to the customer, thus completing the trans- 
 action. If the goods are to be delivered to the customer's resi- 
 dence, the saleswoman, in making out the sales slip, writes the 
 name and address. The package in that case is sent directly from 
 the wrapping desk to the shipping room. There, the " router " 
 puts it together with others addressed to the same part of the city, 
 and in due course it is delivered by wagon or otherwise. 
 
 In addition to its force engaged in sales and kindred activities, 
 every store carries on some manufacturing. At the least, there 
 are workrooms for the alteration of garments, repair of furni- 
 ture, etc. In the case of the larger stores, there is a variety of 
 manufacturing departments, comparable in size with large inde- 
 pendent factories. One typical New York City store shows the 
 following list of such activities: 
 
 i 
 
 1. Art. 
 
 2. Bakerv. 
 
 3. Bedding. 
 
 4. Candy. 
 
 5. Carpets. 
 
 6. Cold storage. 
 
 7. Corsets. 
 
 8. Custom shirts. 
 
 9. Delicatessen. 
 
 10. Dressmaking. 
 
 11. Engraving. 
 
 12. Furs. 
 
 13. Ice cream. 
 
 14. Jewelry. 
 
 15. Men's clothing. 
 
 16. Millinery. 
 
 17. Optical. 
 
 18. Paper flowers. 
 
 19. Photography. 
 
 20. Picture framing. 
 
 21. Pleating. 
 
 22. Shoe repairing. 
 
 23. Upholstery. 
 
 24. Women's suits. 
 
146 
 
 Appendix IV — Wage Investigation 
 
 Organization and Working Conditions 
 
 147 
 
 ]■ 
 
 Here is involved the employment of almost every grade and 
 variety of labor, skilled and unskilled — from the liUle girl who 
 pulls basting threads to the expert, high salaried millinery de- 
 signer who thinks out stylish '* creations ;" from men who put 
 together '' knock down " furniture or open bales of mattress fill- 
 ing to skilled engravers and artistic photographers. In these 
 departments, we find employees in some occupations — upholster- 
 ers, for example — who are organized and who work on a basis 
 of hours and wages more favorable than the others. 
 
 Lastly, note should be taken of the service organization, com- 
 prising a very complex and multifarious group of activities. The 
 mere upkeep of the physical establishment, especially because of 
 the importance of a clean and orderly appearance in the estima- 
 tion of the public, necessitates a large corps of janitors, porters, 
 cleaners, of both sexes and for the most part unskilled ; as well as 
 engineers, electricians and other technicians. Much of their work 
 is necessarily done during the hours when the store is closed to 
 the public. Doorkeepers and watchmen are required for day and 
 night duty. For the transportation of customers and employees 
 from floor to floor, elevators and escalators, with their attendants, 
 are provided. 
 
 In addition there are supplementary departments, not operated 
 directly for profit but for the convenience of customers and of 
 employees. Such are the cloakrooms, check rooms, accommoda- 
 tion desks, rest rooms and hospital, hairdressing and manicuring 
 parlors, barber shop, and, largest in extent and use, restaurants, 
 tea rooms and quick lunch counters. These departments employ 
 in the aggregate large numbers of persons, principally women. To 
 a greater extent than elsewhere in the store, part-time workers are 
 utilized in these activities. These, too, are the departments in 
 which employees are frequently expected in varying degrees to 
 be dependent on gratuities for part of their income. 
 
 The general testimony of merchants, both in New York City 
 and up-state, is that preference in employment is given to persons 
 living at home. This is usual in the case of both male and female 
 employees; but in the case of women it is often one of the re- 
 quirements to be waived only for exceptional reasons. It has be- 
 come such a well-known condition that very frequently women who 
 live alone or board with strangers report to employers that they 
 
 live with relatives, in order to have a better chance of securing 
 work. 
 
 Most of the executives with whom the subject was discussed 
 stated that they prefer to engage women living at home because 
 they are thus better assured of a steadier, more honest and reliable 
 force. This is in general undoubtedly true. But some employers 
 frankly admitted that only people who lived with their families 
 could afford to take places at the wages currently paid. In some 
 instances this is strikingly shown by the payment of diiferent 
 rates for the same work, the higher rate being given women living 
 alone. Thus, one firm which has a minimum of $6 for women 
 living at home, pays at least $7 to those who are self-dependent 
 
 To some extent, semi-dependence on others for a time after 
 entering employment may be taken as an accompaniment of ap- 
 prenticeship, and this is the reason for low wages most frequently 
 assigned by employers. This explanation would be more im- 
 pressive, however, were the period for learning definitely estab- 
 lished, and were it recognized that persons passing through this 
 period without having acquired requisite proficiency should bo 
 considered subnormal and classed accordingly.* There is first of 
 all, a conspicuous absence of any serious attempt to really classify 
 employees according to ability. As a matter of fact, merchants 
 do not deny the inadequacy of these wages to cover even the bare 
 necessities of decent existence; but they seek to show that em- 
 ployees are not " worth " more in a business sense. One is met 
 even with the assertion that regardless of how small their wage is, 
 large numbers of employees are so inefficient that they are not 
 worth what they are being paid. It is not to be taken seriously 
 that any considerable number of low paid employees are actually 
 not worth what they are paid; nor, as is also asserted, that 
 they are a positive loss to the firm. But it does seem to be 
 true that the very fact that people may be obtained cheaply leads 
 to employment of some — in the aggregate, of very many — who 
 are not really needed. True, this is largely a matter of opinion. 
 But the impression cannot be effaced, after many visits to stores 
 and talks with executives and employees of all grades, that, while 
 there are sometimes too few employees for the work to be done, 
 
 • Compare the tables and discussion of experience and wages in the section 
 preceding. 
 
148 
 
 Appendix IV — Wage Investigation 
 
 Organization and Working Conditions 
 
 149 
 
 I 
 
 i^i 
 
 I 
 
 the truth often is that there are too many, assuming that economy 
 of personnel is the true criterion of efficient organization. This 
 appears to be especially the condition in many of the popular 
 trade stores, which usually deal with large crowds, and whose 
 success, to a considerable degree, depends upon the celerity with 
 which sales may be made during short congested intervals, prin 
 cipally in the afternoon.* It is, however, to some extent also 
 true of higher-grade stores which have no such flood-periods of 
 trade, but nevertheless have an over-supply of help in order to 
 give their slow-purchasing customers plenty of time, and yet avoid 
 keeping patrons long waiting. 
 
 It would seem, also, that the very argument that a inihimum 
 wage even slightly in excess of existing minima would mean dis- 
 placement of large numbers of persons, presumably without affect- 
 ing adversely either the operation or the profits of business, is a 
 clear indication that numbers of people are employed principally 
 because they can be gotten cheaply enough. This is the class that 
 is '' on the margin," industrially ; and it is the very class whose 
 earnings, small as they are, are made still more precarious by the 
 fluctuation to which all business is exposed. 
 
 The mere facts concerning wages paid do not, of course, tell 
 the whole story. It is true, as has been noted, that there is 
 scarcely a store of considerable size that does not carry on its 
 payroll outright pensioners who do not report for work at all, or 
 else are still found at their old places, even though their presence 
 is actually a hindrance. Occasionally, as expressive of their 
 opinion of what a minimum wage might do, merchants have said 
 that it might compel employers to curtail these and other semi- 
 charitable expenditures. One astute and successful man objected 
 that, in addition to weeding out the more inefficient, the estab- 
 
 • Store managements of course realize these facts, and have made attempts 
 to distribute business more evenly during the day. In addition to ceaseless 
 exhortations of the general tenor of "Come early and avoid the rush," 
 various inducements are offered for shopping early in the day. Thus, sal^ 
 are generally scheduled for the morning hours and some stores give double 
 the usual quantity of trading stamps for purchases made before noon. Still, 
 to a large extent, the concentration of most retail business in a few hours of 
 the afternoon seems to be an unchangeable condition. It results from the 
 fact that women with households, who constitute the main body of buyers, 
 prefer to do their purchasing after they have put their homes in order. 
 
 lishment of a minimum wage would make more urgent the need 
 for further measures of social insurance such as an old age pension 
 system and other radical innovations for which, he stated, the 
 time does not seem as yet ripe here. 
 
 Wages 
 
 That wages, " other things being equal," cannot be permanently 
 higher or lower in mercantile employments than in alternative 
 occupations would seem to be one of the economic dicta that can- 
 not be gainsaid. Yet many stores, even as regards their non- 
 selling departments, seem to exert such an attraction for young 
 people tliat it is almost literally true that, in many localities, 
 wages depend altogether on what the employer wishes to pay. Ap- 
 plicants appear to be willing to start at any rate. Furthermore, 
 we have found stores in the same community and under practi- 
 cally the same circumstances whose rates varied from 25 per cent 
 to 33% per cent. 
 
 The compensation of store employees can best be considered 
 under two general heads — the selling and non-selling employees. 
 In the case of a large part of the personnel it is frequently found 
 that additions and deductions must be taken into account, as well 
 as the amounts that are directly designated as wages. 
 
 Nan-selling Employees 
 
 Of the non-selling personnel by far the greater part are engaged 
 in occupations in no way characteristic of stores. The wages paid 
 them therefore may be compared directly with those in other in- 
 dustries. Of those occupations more or less limited to stores, it is 
 fair to say that they require little skill or training and for the 
 most part offer little opportunity for advancement 
 
 The non-selling force, with inconsiderable exceptions, is every- 
 where paid on a straight time basis. For the most part it seems 
 to be recognized that the work of this great and varied part of 
 each organization is necessarily dependent on the activity and 
 success of the sales departments ; and that aside from adequately 
 organizing the operation of these different activities, little can be 
 done in the way of stimulating efficiency except by attending to 
 individual cases. It is therefore found that quite generally no such 
 
It 
 
 150 
 
 Appendix IV — Wage Investigation 
 
 Organization and Working Conditions 
 
 151 
 
 serious attempt has been made to gauge relative efficiency or " pro- 
 ductivity " in the case of '* dead help " as we find in the case 
 of sales. The wages at which non-selling employees are rated con- 
 stitute almost exclusively the maximum amount of income. Ex- 
 ceptions are those unimportant additions that are allowed during 
 special sales at the Christmas holidays, etc., which, however, rarely 
 have any direct relation to the amount of work done by an 
 individual or to the amount of his regular wages.* They are 
 scarcely worth while taking into consideration as affecting wages. 
 Thus, 10 per cent of two week's wages means an addition of less 
 than .4 of 1 per cent per year. 
 
 It has been difficult to ascertain in stores the exact basis upon 
 which different classses of employees are paid. In so far as there 
 are standard or prevailing rates in similar occupations outside of 
 stores, of course they influence the wages in stores. This is evi- 
 dent in the case of mechanics and others, especially those who have 
 a trade organization. But the large variations within a store for 
 work of the same kind — work that in itself is difficult of exact 
 appraisal — makes one question the accuracy of the judgment of 
 those who set the different rates. Thus, it seems to be accepted 
 as almost axiomatic that persons selling in cheap departments 
 should get the least pay. But while it is true that young per- 
 sons and others of small experience are usually placed in such 
 departments, it does not follow that their services do not require 
 as much effort, or are not worth as much as those of more fortu- 
 nately placed co-workers. Selling $10 of notions may be a far 
 greater task than selling ten times as much in a suit and cloak 
 department. To a considerable extent selling efficiency is not 
 shown by actual sales, nor is it always dependent on the individual. 
 A store may not prosper for many reasons, and yet the failure of 
 departments may not be due to lack of ability or effort of the sales- 
 people. Or, as happens frequently even in prosperous stores, some 
 department may not be paying and employees may virtually have 
 
 • One store, for example, which regularly has two great semi-annual sales, 
 each lasting one week, during which the sales people are paid 1% addi- 
 tional on all sales, pays the non-selling employees a flat addition of $1 per 
 week during these periods. Another firm allows all employees during special 
 sale periods an addition of lO^^o of their regular rates. Even if this extended 
 over as much as four Wieks or a month per year the increase would be less 
 than 1% of the annual earnings. 
 
 to idle their time away. Indeed, one may question whether some 
 of the departments in flourishing stores, that take up valuable 
 space for an unimportant volume of business, and whose expenses 
 might rightly be chargeable to advertising, are not largely main- 
 tained through the low wages of employees. Stores that have 
 definitely established minima can of course easily determine 
 whether a person is " worth " as much as the minimum, — that is, 
 whether he is worth employing at all or not. But above that, the 
 basis for judgment of relative worth seems to be scarcely discover- 
 able. Few persons apply for work who, if usable at all, may not 
 be placed in any one of several positions; yet the wages that a 
 person receives would in that case be almost accidental, according 
 as he is assigned to one or another of these positions.* 
 
 Selling Employees 
 By far the greater part of the salespeople can count upon their 
 weekly wages as the total of their income from their store em- 
 ployment The consideration of the wages of salespeople as a 
 whole is, however, complicated by the fact that there is a large 
 variety of additions which cannot be omitted, and which is fre- 
 quently referred to in discussions by both merchants and em- 
 ployees. 
 
 •The lack of systematic determination of ability necessary for given posi- 
 tions, or of payment commensurate with the requirements, is often strikingly 
 illustrated in store practice. Everj'one who has looked into the matter rea- 
 lizes that the work of cashiers, especially " tube " operators in a busy store, 
 is highly responsible as well as very trying. It is work requiring a high 
 degree of steadiness, quickness and accuracy of brain and hand. It is reason- 
 able to assume that the relative importance of a cashier's position might be 
 judged by the sums handled, and that the more important the transactions 
 the more carefully will an employer choose the cashier. But as a matter 
 of fact, cashiers are paid flat weekly rates, and nowhere have we found their 
 pay varying in proportion to the number of transactions or the amount of 
 
 money handled. 
 
 Again, it is a matter of common observation that the strain — both phys- 
 ical and mental — increases as we go from the higher to the low-priced 
 departments — from the parts of the store where sales are few and slow to 
 those parts where transactions are rapid and very numerous. In notion 
 departments, for example, the cashiers, as well as the saleswomen, handle in 
 a busy day hundreds of individual sales, although altogether perhaps not 
 more than is involved in a few fair- sized transactions in a neighboring 
 department. Their wages certainly do not reflect a scheme of reward pro- 
 portioned to eflfort. 
 
152 
 
 Appendix TV — Wage Investigation 
 
 iM 
 
 Additions to Wages 
 
 P. M's. — Most stores have something of what is generally known 
 in the trade as *^ P. M's." These are varying amounts — usually 
 not a fixed percentage — paid to salespeople who depose of 
 merchandise that for one reason or another is in the " undesirable " 
 class. Broken lots, odd sizes, damaged or soiled goods, articles 
 that are no longer stylish, etc., are frequently disposed of more 
 quickly if salespeople are given special inducement to push them. 
 While P. M's are much in evidence in discussion, they are in 
 practice practically n^ligible as an influence on wages or an 
 addition thereto. They are little resorted to in stores of higher 
 grade, and from their very nature cannot be counted upon. 
 
 Commissions. — Regular commissions, however, as a specified 
 percentage of the amoimt of sales, are found very frequently in 
 stores of all grades, as an element in the wages of salespeople. 
 There is gi'eat variety of practice among the stores of a given city, 
 and stores of the same mercantile level. Thus many stores, regard- 
 less of departments, pay a definite percentage — ^4 P^^ ^®^^ ^^ 
 1 per cent — on all sales in addition to the regular salary. 
 Other stores, having fixed the ratios that sales should bear to 
 salaries in the several departments, pay a percentage on all sales 
 exceeding the minimum that a person should sell in order to be 
 " worth " the fixed weekly rate. Both types of remuneration 
 are somewhat of an approach to a piece system, though there is 
 usually no deduction for occasionally falling below the *' stint " 
 as set by the ratio of wages and sales. Some stores do not pay 
 regular commissions, but only on the occasion of special sales, 
 pre-holiday selling, etc. 
 
 In some departments, such as furniture, pianos, phonographs, 
 etc., a common practice is to have all compensation to sales- 
 people on a percentage basis. To a large extent this practice 
 of commission payments serves to shift seasonal and other busi- 
 ness variations from the firm to its employees. But many who 
 maintain the practice allege it is necessary as a special reward to 
 the more enterprising employees, and as a stimulus to increase 
 sales and keep them up. As one merchant put it, there is no com- 
 paring the psychological effect on an employee who, because of im- 
 
 Oroanization and Working Conditions 
 
 153 
 
 provement, in one case may be raised $1 in his weekly rate, and the 
 same employee receiving varying sums each week, say $1, 90 cents, 
 $1.50, etc., in a separate envelope as the concrete evidence and 
 measure of his competency.* 
 
 Commissions were found only as exceptions in up-state 
 stores. The attitude taken by most of the merchants is typified 
 by the statement of one employer that people who would not do 
 their best for the business in return for a specified wage could 
 not be relied upon to do appreciably better because of a reward 
 that is at best but a relatively insignificant addition. Some 
 employers, however, among those who did not practice it, seemed 
 to be of the opinion that the best results might be obtained by 
 paying salespeople a direct wage much less than the prevailing 
 rate and adding a percentage on all sales. This would corre- 
 spond to some types of time and bonus work systems in manu- 
 facturing and would of course have the one great advantage of 
 stabilizing the element of sales cost. One of the large stores has 
 had a similar scheme in force for some years in the case of boys 
 who put up orders in the grocery department The fixed wage 
 formerly in effect was found to be unsatisfactory, chiefly be- 
 cause the size of individual orders as well as the total sales varied 
 widely from day to day. If the number of order boys were 
 just sufficient for the ordinary days, they could not — or at any 
 rate would not — handle all the orders during the rush days, 
 and it was hard to divide work fairly ; while, on the other hand, 
 if an adequate force for the busy days were kept, there would be 
 a loss because of their idleness during the remaining days. 
 Quick delivery was essential; but temporary help could not be 
 relied on. After some experimenting the firm engaged a num- 
 ber of young men who are paid $4 per week each in addition to 
 a fixed percentage of the amounts of the orders put up. There 
 is some friendly rivalry, but all earn fair wages — ordinarily 
 about $12 per week — and much more during some periods. 
 
 • This is well illustrated in the case of one large New York City store all 
 of whose sales personnel are on relatively low weekly rates, supplemented 
 by commissions. While the median rate for a typical week for salespeople 
 was $7.44 the median of actual earnings for the same period was $8.95. Tf 
 allowance were made for loss of time, of course the actual earnings would 
 show a still higher level. 
 
^ 
 
 i 
 
 it 
 
 ii 
 
 154 
 
 Appendix IV — Wage Investigation 
 
 At the same time the personnel of the department and its 
 organization is maintained at a level, despite increasing busi- 
 ness. 
 
 Vacations. — Of the other forms of additional payment mention 
 should be made especially of paid vacations. A large number of 
 stores now have regular provision for one week or two weeks of 
 vacation for all their help. Some have graded vacations according 
 to the length of time the person has been in the firm's employ. 
 In a great many instances, it was found employees prefer to 
 work during the time they might otherwise take for vacation, 
 in order to earn their regular wages as well as their vacation 
 money. 
 
 Gifts. — Another item worthy of mention is the practice of some 
 stores of giving presents — in money or in goods — at Christmas 
 time or on other occasions. One firm having many stores gives $5 
 to each employee at Christmas for each year of service, up to a 
 maximum of $25. In the aggregate it amounts in this case to 
 many tens of thousands of dollars. But on the whole such gifts 
 are not regularly established and can scarcely be counted on in 
 considering wages paid. 
 
 Discount on Purchases. — Practically all stores allow a discount 
 to employees on goods that they or their immediate families pur- 
 chase. In the case of the large stores which can supply practically 
 all the ordinary needs of a household, this discount serves as a very 
 substantial addition to wages. 
 
 Credit. — Quite generally also the practice prevails of employees 
 having a charge account with their firm, and so being enabled to 
 purchase goods on credit and pay off in installments, without ex- 
 tra cost. While this of course makes more business for the store, 
 it is none the less a real advantage to the employee. 
 
 Payment for Overtime. — The usual practice in stores is that if 
 overtime is required occasionally or irregularly no extra payment 
 is made. Supper or supper-money, varying from 25 cents to 50 
 cents, is given by many stores, but only provided the overtime ex- 
 ceeds a definite amount — usually if it is more than one or two 
 hours past the closing time. But there is considerable variation 
 
 Organization and Working Conditions 
 
 155 
 
 between different stores as well as between the departments of one 
 store. Thus, in one large up-state store, the employees in the book- 
 keeping department alone, of all employees, received extra pay 
 for overtime. The explanation was found to be that many years 
 ago the present head of the department, when he was a young clerk 
 in the office, declined to work evenings unless he were paid extra; 
 and the firm acceeded to his request This practice, thus initiated, 
 has continued in the department. In another large store the office 
 force, for a while, had been paid extra for overtime. But the 
 head of the department became convinced that there was slack 
 work during the day, resulting in needless overtime, and the prac- 
 tice was discontinued. 
 
 In some respects there is a curious contradiction in the policy 
 of employers regarding the wages of store employees, especially 
 salespeople. Thus, all admit that actual sales should not be the 
 sole factor in the judgment of a clerk's value to the firm; yet, 
 in the larger stores, where a clerk's personality should count for 
 most, because of the larger ramification of the business, and the 
 greater interests at stake, sales records seem to be more and more 
 depended on as a gauge of efficiency and basis for promotion. 
 However, with the exceptions of a few departments, as already 
 mentioned, no selling clerks have been found in retail stores 
 whose pay depends on or is directly proportionate to sales, as is 
 so often the case with salespeople of wholesale firms. Some 
 stores, which do not give regular commissions on sales, keep exact 
 records of the sales of individuals, and promptly advance a clerk 
 to the next higher rate as soon as sales, sustained for some time 
 at a higher level, justify. This is a sort of capitalization of the 
 employee's selling capacity. It may make it more difficult to 
 reduce wages in case of a falling off in sales, as was suggested by 
 one man, but some of the firms having this system maintain that 
 it serves as an excellent incentive to better regular work. 
 
 Deductions 
 Lost Time. — It may be said that, in general, store workers are 
 not paid for absences, even those of short duration. But in many 
 individual instances, in both large and small stores throughout the 
 State, the management is relatively liberal with respect to " ex- 
 cused" absences. 
 
1) 
 
 \1 
 
 IT' 
 
 156 
 
 Appendix IV — Wage Investigation 
 
 Fines. — Direct fines are relativey few, and these occur chiefly in 
 connection with tardiness, and ordinarily take the form of 
 " docking '^ an employee for time lost at greater rate than is paid 
 him for working time. A few firms, in order to maintain dis- 
 cipline and yet avoid the appearance of exacting petty or unfair 
 fines, keep late comers out for an hour, or even half a day, and so 
 compel their losing that much pay as a result of not being on time. 
 
 Pbomotion 
 
 In talking over the subject, managers frequently enumerate a 
 large number and variety of factors that they presumably take 
 into consideration when judging of relative eflSciency of em- 
 ployees. Among these are capacity to learn, willingness, affability, 
 accuracy, etc., etc. But these are all abstract concepts, not easily 
 susceptible to quantitative determination. Thus, a saleswoman 
 ^aj> V ^^T manner of showing goods or giving a sample to a 
 shopper, win or lose a permanent customer for the stora 
 Similarly, much may depend on the manner in which delivery 
 men or other non-selling employees do their work. When the 
 varied character of the work and the compensation of non-selling 
 help is considered, the question of efficiency is seen to be still more 
 subtle, and any attempt to evaluate exactly the services of em- 
 ployees is bound to fail. One cannot discover any definite, or 
 generally applied principle affecting either wages or promotion. 
 Personal preference of superiors undoubtedly plays a large part 
 here as everywhere else, and for the rest a sort of diffuse judg- 
 ment from general impressions of an individual's work is chiefly 
 depended on. 
 
 One fact that throws strong light on the absence of systematic 
 judgment of the value of individuals in store organization is the 
 prevalent practice of employees — from highest to lowest — 
 having to ask for a " raise." In some cases employers have stated 
 that they were opposed to this practice and did all they could to 
 discourage it, even going to the extent of positively prohibiting it 
 One merchant went so far as to say that he would regard an em- 
 ployee's request for higher wages as sufficient reason for peremp- 
 
 Organisation and Working Conditions 
 
 167 
 
 torily discharging him. Yet employees have quite generally asr 
 serted, and apparently with good reason, that only by asking have 
 they ever obtained an increase in wages, particularly if they came 
 to their employers fortified with an offer of a position elsewhere. 
 
 In store employments, as in other work, the fact that women 
 stay in the trade a relatively short time eliminates them largely 
 from the opportunities to "better themselves" in the calling. 
 Again, an appreciable number of women enter department store 
 work at a comparatively late age, and are more or less content to 
 remain where they are without improvement, once they " strike 
 their pace." The proportion of women in responsible positions, 
 even in lines in which women predominate, is therefore decidedly 
 smaller than the proportion of men. 
 
 Because of its size and its multifarious organization the de- 
 partment store offers manifold opportunities for testing one's 
 capacity. Salesmanship, for instance, is not one indivisible whole. 
 There are very different varieties of it, all necessary in a large 
 organization. Some merchants assert not only that there are 
 " bom salesmen," but that they are bom with peculiar abilities, 
 so that one may be especially adapted for selling shoes, another 
 suits and cloaks, and so on down the line. From the nature of 
 store requirements, employees are often switched about, and so 
 are frequently enabled' to "find themselves." Sometimes ex- 
 ecutives, who see the advisability of congenial surroundings for 
 an employee in order to do his best, find that by transferring a 
 person who, for any one of a thousand reasons, may have failed 
 in one place, to another position, they can save a competent worker 
 for the firm. The opinions of merchants as well as of employees 
 interviewed agree that in this item of properly "placing" em- 
 ployees is found much of the problem — both the success and the 
 failure — of these complex organizations. But such accomplish- 
 ment requires both time and attention, with a more individual 
 interest in employees than is always found, or perhaps even pos- 
 sible, in large and busy stores. But it does exist in many stores. 
 Thus, in one instance, a young woman who liad been employed in 
 a department for three years did not get along with the new head 
 of the department He recommended her dismissal. The superin- 
 
158 
 
 Appendix IV — Wage Investigation 
 
 OSGANIZATION AND WOEKING CONDITIONS 
 
 159 
 
 tendent, disliking to discharge hor, transferred her to another de- 
 partment where she soon became one of the best In another store 
 a girl who as cashier had been unable to withstand temptation and 
 was guilty of theft, was changed to another department where 
 she could " start right," and where she justified her employer's 
 judgment in giving her another opportunity. 
 
 The superintendent of one of the largest up-state stores stated 
 that he paid close atention to the building up of individual 
 clienteles by clerks, and that he judged the efficiency of a clerk to a 
 considerable extent by the amount of steady patronage that she 
 had. Such salespeople are of course valuable not only for what 
 they directly sell, but even more on account of what their regular 
 customers purchase in other departments.* It seems to be agreed 
 that the custom that a salesperson can actually take along from 
 one store to another, in a large city, is very small, if not ahnost 
 nil ; but it is certain that the trade of any establishment would 
 seriously suffer were any considerable portion of the senior em- 
 ployees to leave. 
 
 Mercantile employment, whether in large city or small town, 
 undoubtedly exercises a greater power of attraction over great 
 classes of people than factory work, though the reasons for this 
 preference are sometimes diffijcult to discover. Its relatively 
 cleanly character which enables people even while at work to 
 maintain a "presentable appearance," and the presence in ever- 
 changing panorama of persons and activities are doubtless con- 
 ducive to a sense of sociability and mental alertness. To some 
 types of nervous organization the stir and bustle of a large store 
 is satisfying. 
 
 However, despite the crowds of applicants for store jobs, a num- 
 ber of merchants have deplored what they regard as the great 
 scarcity of higher grade talent in the supply of store personnel. 
 
 •In some stores the salespeople or the finns keep lists of names and 
 addresses of customers, especially of regular patrons. On occasion of special 
 sales, beginning of the season, etc., announcements are sent out in quasi- 
 personal form. In one store, for instance, prior to the semi-annual sales, as 
 well as on special occasions, the management urges employees to send personal 
 letters, written in longhand, to their customers. 
 
 1 
 
 There can be little doubt that even from a narrowly selfish point 
 of view employers are always looking for persons of ability, who 
 might be advanced to the more important positions. 
 
 One manager of long metropolitan experience gave as his 
 opinion that nowhere to-day is there such a demand and oppor- 
 tunity for young people — especially young men — of talent and 
 ability to "make good" as in the modem department store.* 
 He ascribed this not merely to the large future of the business, 
 but to the mediocrity of those who chiefly enter it. The more 
 energetic and ambitious youths, it is alleged, are being drawn 
 off toward technical or other pursuits where there is apparently 
 greater opportunity for immediate gain and more rapid advance- 
 ment Retailing does not appear to have the imaginative appeal 
 that industry and finance present, f 
 
 * He instanced the case of a young man, who against his father's wishes, 
 entered the store's employ when under 21, and, after a while, was given charge 
 of a bargain counter. This became a success, and at the young man's insist- 
 ence the space given him has been constantly enlarged, until in a few months' 
 time it has become not merely one of the largest departments of the store in 
 area, but by far the busiest and one of the most profitable. 
 
 t One cannot but be struck by the fact that many of the leading mercantile 
 establishments are managed by men little, if any, over 40; this is only less 
 striking than the fact that some of them have not come from the merchandis- 
 ing end but from advertising and other departments. 
 
 One of the oldest and most successful up-state merchants, himself a 
 " graduate " of an Eastern firm noted for the success of its methods, 
 deplored the difficulty of getting suitable help, either ready-trained or for 
 systematic business education. He had again and again tried to bring up 
 young people for responsible positions in the business. The plan was to 
 start young men at the foot of the ladder with the announced determination 
 and promise to enable them to learn the business thoroughly by facilitating 
 their changing from department to department, and encouraging them to 
 " show what was in them." His experience both with individuals and 
 groups has been almost uniformly disappointing. On many occasions he had 
 picked out some promising lad for advancement, but usually when the boy 
 did not disappoint his expectations as regards ability, he would, on reaching 
 a certain proficiency, go off to some other establishment on the attraction of 
 a slightly better wage. Of one group of about twelve young men, whom he 
 had undertaken to see through the business, only one had remained through- 
 out the first year. 
 
 The explanation offered for this phenomenon is somewhat complicated. In 
 part, the merchant blames the prevalent tendency away from any kind of 
 work requiring steady and faithful application to a task for the sake of a 
 distant goal, which he regards as the great virtue of the old apprentice 
 lystem. Again, modem business makes greater demands for information 
 
 I 
 
160 
 
 Appendix IV — Wage Investigation 
 
 U 
 
 Discipline 
 
 Department store work is generally done under high pressure, 
 and it is not to be wondered at that errors creep in. The wonder 
 should rather be that so much is accomplished under the cir- 
 cumstances with such great accuracy and dispatch. For the most 
 part, the errors are trifling. Yet, an address or name incorrectly 
 noted may cause great inconvenience to a customer. This natur- 
 ally happens in urgent cases, and creates unpleasantness, even 
 when the error is due to the customer's own negligence or mistake. 
 Some stores have a practice of fining for errors of this sort — for 
 instance, 25 cents for a wrong address. But these are usually the 
 very stores in which, because of the rush and pressure of special 
 sales, the continuousness of work with little time to rest, and the 
 wear of dealing with crowds, the likelihood of error is inevitably 
 increased. 
 
 Friction between co-operating units and explosions of temper 
 are to be humanly expected. But from the point of view of an 
 organization that works so much in the open and is so dependent 
 upon favorable public opinion, they cannot be tolerated, though 
 injustice often results. This is true with most force of those 
 numerous instances when differences arise between employees and 
 patrons. It requires not only tact, but often a Solomonic genius 
 in common sense to deal fairly. Inconsiderateness and unreason- 
 ableness is so much the rule on the part of the buying public that 
 employees, already tired and perhaps exhausted, are worried if 
 not maddened toward the end of the day. On the part of cusr 
 tomers there exists, to an extent much greater than should be 
 tolerated, an unfair and exacting attitude toward store employees, 
 coupled frequently with a desire for special privilege. One of 
 these — the commonest and least excusable — is the demand to be 
 waited upon " out of turn." Those in authority are under such 
 
 than used to be the case, and the schools with all their improvements have 
 failed to parallel the actual advances and changes in industry and com- 
 merce. To a large extent failure is also attributed to the older age at which 
 young people now started in business, necessarily as novices, so that they 
 soon become dissatisfied with their progress, since they could not be paid, 
 while learners, as much as others who might be doing a given work. Unhealth- 
 ful amusements, detracting from steadiness and efficiency, while at the same 
 time creating more pressure for promotion and money-making, are given as 
 serious factors in the problem of adequate and proper labor supply. 
 
 Organization and Working Conditions 
 
 161 
 
 a strain to avoid anything that might alienate a customer that 
 much injustice — often unwillingly — is done to employees. In 
 cases involving questions of veracity, the customer's part is too 
 often taken. Employees are sometimes reprimanded by their 
 superiors in the presence of colleagues, and even of customers. 
 The self-respect of many a faithful employee has been wounded 
 in this way, with resulting disappointment and enmity that can- 
 not but affect adversely the quality of service rendered thereafter, 
 if the employee remains in the organization. 
 
 The better stores have abolished the practice of fines, and their 
 aim is to develop a personnel that does not require such discipline. 
 In some instances where fines are still imposed for violation of 
 rules, the collections are turned over to the employees' benefit 
 fund. But the ill-will resulting from fines is doubtless making 
 for the abolition of the practice. 
 
 While department stores in up-state cities are not comparable 
 with those of IS^ew York City in size, they differ in other condi- 
 tions far less from metropolitan stores than the difference in size 
 would lead one to expect In cities like Buffalo and Kochester, 
 for instance, where there are stores having more than 1,000 em- 
 ployees each, the relation between employers and employees is 
 necessarily indirect and impersonal. But even much smaller busi- 
 nesses already require a mechanism for their operation; and if 
 they are to be continuous despite inevitable changes in personnel, 
 much of what might otherwise be discretionary practice must be 
 reduced to definite rules. The essence of successful store manage- 
 ment is harmonious cooperation. Where many people are em- 
 ployed, some formal discipline is essential. But to some persons 
 established rules are repugnant; and they frequently work un- 
 fairly in individual cases, especially when the reasons for them 
 are not known or are misunderstood. 
 
 Working Conditions 
 In its physical aspect, a modern department store appears to 
 be a pleasant place to work in, for most of its extent and arrange- 
 ment is primarily devoted with a view not to its employee's in- 
 terests and approval but to those of the public. The latter is 
 much impressed by the spaciousness, good lighting and other fea- 
 tures which tend to encourage shopping bv making it pleasant 
 Vol. II — 6 
 
 '1 
 
 if 
 
 ^ 
 
11 
 
 162 
 
 ArPENDix IV — Wage Investigation 
 
 Organization and Wokking Conditions 
 
 163 
 
 Few even of thinking patrons ever stop to realize that the work 
 involved in even the pleasantest parts of the store and at the least 
 tiring of the departments is nevertheless real work. Customers 
 are provided with comfortable seats but even when seats are fur- 
 nished for employees and permission given to use them, little use 
 can be made by employees because they must keep moving in order 
 to do their work and the more busy they are the less time they have 
 for rest. 
 
 One aspect of the behind-the-scenes character of the work of so 
 many store employees is that their working conditions are inferioi 
 in many respects to those under which salespeople work. Many 
 a store that makes an agreeable impression on the buying public 
 has persons working in its manufacturing, bookkeeping, packing, 
 delivery and other departments under conditions that are any- 
 thing but praiseworthy. " Economies '' of various kinds are prac- 
 ticed on the non-selling department. 
 
 Another noticeable feature is the difference in personnel of the 
 sales and non-selling divisions. In stores of any size, the former 
 are overwhelmingly English-speaking persons, and usually people 
 of American birth. In the other store departments, notably the 
 manufacturing, no such distinct preference is discernible.* 
 
 Hours of work are usually different ; in the case of the delivery 
 department, for instance, being often very long. Even in the non- 
 busy seasons it is common to see drivers out at 9 or 10 p. m. While 
 some of the non-selling employees are obliged to wear uniforms, 
 the standard of dress as of general behavior impresses one as 
 below that of people " on the floor." The physical requirements 
 of their work are usually severer for both men and women than in 
 the case of salespeople ; while frequently skill and deftness as well 
 
 • In one of the largest and best up-state stores, the tube room is a woven- 
 wire cage in the basement, adjacent to the main stairway. Aside from the 
 bad ventilation and the dust that settles there, the unceasing noise overhead 
 and the people marching up and down the stairs constitute an added strain 
 as well as aggravating distraction leading to errors in making change, etc. 
 In one New York City store that ranks high in the business community, the 
 main bookkeeping division is located in one long room, where some 300 
 workers are crowded so close together as almost to interfere with each 
 other in their movements. The ventilation is bad and the lighting is very 
 poor; the noise of machines, telephone, handling of papers, etc., is almost 
 deafening. Employees here sit practically immovable on their stools during 
 the entire working day. 
 
 ? 
 
 
 i 
 
 as close and sustained application are essential. This is illus- 
 trated in the case of the garment alteration employees, whose work 
 is often hurried as well as " particular." 
 
 As one studies the conditions of employment and the varying 
 practice of firms, the impression deepens that the articulation 
 between selling and non-selling divisions is not as complete as 
 might be desired or expected. Quite generally they are divided 
 into many departments under separate heads and with divergent 
 practice. Thus there is rarely any uniformity of policy regarding 
 hours, dress, pay for overtime, vacations, etc. Usually, though 
 not always, the less favorable arrangements are the lot of the non- 
 selling employees. There are some conspicuous exceptions, prin- 
 cipally in the case of the organized mechanics of various kinds 
 who belong to labor unions, and who insist on the same conditions 
 in respect to w^ges and working hours as their fellow craftsmen 
 in other industries. 
 
 Hours 
 
 The prevailing practice in regard to hours of work in depart- 
 ment stores of larger cities in the State has for sometime tended 
 to bring the actual working hours per week down to or well 
 within the 54-hour provision of the present law. In the down- 
 town centers of ^N'ew York City, as well as in Buffalo, Rochesier 
 and Syracuse, and other cities, the tendency is toward 9 o'clock 
 opening in the morning. The closing hour has been practically 
 standardized at 6, with few exceptions at 5:30. Many stores 
 however still open at 8:30 and occasionally at 8. The actual 
 presence of employees in the stores is always required at an earlier 
 period, varying from five to twenty minutes prior to opening ; and 
 their actual egress from the stores is regularly delayed five to 
 fifteen minutes or more after the store is closed to customers. 
 
 In some sections of New York City longer hours prevail in 
 the neighborhood stores, even those of considerable size. Stores 
 are still found that are open for two or more evenings a week. 
 The same condition exists in up-state cities. Regular night work, 
 even on Saturday night, with the exception of the days immediately 
 preceding Christmas, is being gradually done away with, though 
 Saturday evening opening is still quite widespread both in New 
 York City and other localities. 
 
 The Saturday half holiday during two or three summer months 
 
164 
 
 Appendix IV — Wage Ixvestioation 
 
 h:! 
 
 fc^' 
 
 
 has been gaining in favor. A further development, tried for some 
 years by one store in New York City and imitated in Philadelphia, 
 and elsewhere, that of closing all day Saturday during part of the 
 sunimOT, has been put into etfeet during the present year by an 
 added number of large stores in New York City, though it cannot 
 be expected that the movement will become general. So far as ob- 
 served, only one large up-state store is closing all day Saturday, 
 but as a partial offset it is open imtil 9 on Friday evening. 
 
 The stores in up-state cities have been gradually removing their 
 objections to a shorter day and have been more or less willingly 
 shortening hours. In Rochester, for instance, within the year, 
 Saturday evening closing has been accomplished through the 
 initiative of employers, with the encouragement and help of the 
 Chamber of Commerce. In Buffalo, the closing of the downtown 
 stores on Saturday evening was the most definite result of the em- 
 ployee's strike in the spring of 1913. The stores of the chief work- 
 ing class quarter in Buffalo, on the East side, have however con- 
 tinued to keep open on one or more evenings. 
 
 In Syracuse the principal stores have an agreement for 9.15 
 closing on Saturday evenings. The leading merchants would pre- 
 fer to keep closed on that evening, but others feel that much loss 
 of business would result. Here and generally throughout the 
 State it is maintained with a show of reason that even with exten- 
 sive Saturday half holiday in industry, Saturday evening opening 
 is socially necessary in order to enable workingmen's families to 
 do their purchasing. Cities with much suburban business, like 
 Syracuse, could probably! not avoid considerable loss by closing; 
 while in smaller communities there does undoubtedly exist a gen- 
 eral demand for Saturday evening opening. 
 
 As against the longer work day in the smaller cities it should 
 in fairness be said that the tension of the work is much less in 
 the relatively small stores up-state than in New York City. Com- 
 pared with busy metropolitan stores, it cannot be doubted that 
 up-state employees have far less of both mental and physical 
 exertion. Most of the forenoons are drearily dull, and even in the 
 busy seasons there are many slack days. In New York City stores, 
 on the other hand, when selling is at a low ebb, the number of 
 employees are generally reduced, and the remaining employees 
 are expected to have enough to do to keep busy. 
 
 \\ 
 
 Okoanization and Working Conditions 
 
 Overtime 
 
 165 
 
 Up-state stores have appreciably longer working hours than 
 prevail in New York City, chiefly because of the practice of Satur- 
 day evening opening. Overtime, as such, however, is not general 
 or frequent. That extra work which is ncessitated in large centers 
 owing to the almost continuous " special sales " is either non- 
 existent or is largely obviated by the fact that employees have 
 much more time during regular business hours to keep up with 
 their work than is possible in the larger cities. 
 
 Taken as a whole, overtime affects the selling personnel rela- 
 tively little. It is much more frequent, as well as more severe, for 
 the employees in the various non-selling branches. The receiving 
 and shipping departments, for example, must do their work ex- 
 peditiously regardless of periodic and sudden increases of material 
 to be handled. The delivery employees must cover their routes 
 despite weather conditions and great variation in the number of 
 parcels to be delivered. In the office divisions the periodic reports 
 and audits, and the huge amount of bills, statements and corres- 
 pondence concentrated usually at the end of every month make 
 overtime work imperative in almost every! establishment. 
 
 Welfare Work 
 
 Under this head is usally included a great variety of store 
 activities affecting employees but not directly related to the store's 
 commercial functions. The subject has, however, been so much 
 discussed, and the different activities have been described so many 
 times in detail, in reports of social service investigators and 
 organizations as well as in the second report of the Factory Com- 
 mission, that only brief comment appears to be called for here. 
 
 The term " welfare work " is not one the meaning of which is 
 settled in usage. What some establishments class under *' wel- 
 fare worii " other firms have or do as a matter of course. Others 
 again, class as welfare work improvements in physical condi- 
 tions that first class stores provide as a matter of course. Most 
 of the activities comprised in the term " welfare work " are sup- 
 plemental of what we are accustomed to see done by groups or 
 by society as a whole. Such are the clubs and other store 
 organizations for the fostering of sociability, athletics and other 
 
166 
 
 Appendix IV — Wage Investigation 
 
 j; 
 
 forms of healthful recreation. Others, such as mutual benefit 
 and savings funds, nursing and medical service, etc., are special 
 manifestations of activities that society is only gradually taking 
 up. But it should be noted, for instance, that in large retail es- 
 tablishments rest room and hospital facilities are quite as 
 urgently needed and are as much designed for the use of cus- 
 tomers as of employees. tSome of the educational activities, 
 such as classes for teaching employees to write plainly and to 
 perform accurately the simple arithmetical operations necessary 
 for their daily work, are making good the deficiencies of previ- 
 ous schooling. Classes in salesmanship, departments, etc., even 
 though the knowledge and skill acquired remains a personal pos- 
 session of the employee to be transferred when he leaves, pre* 
 sumably inure directly and definitely to the benefit of the store. 
 Insofar as welfare work is merely an extension of the busi- 
 ness organization, it calls for no special comment. Most mer- 
 chants who have introduced "welfare features" assert that 
 though not intended to be direct contributors to profits, they are 
 nevertheless "paying investments." A type of this is the 
 restaurant or lunch room for employees, now a fixture in most 
 large stores as to other kinds of businesses. The lunch room 
 may not be quite self supporting, if all elements of expense tliat 
 should be taken into account in an entirely separate business are 
 considered ; but it is presumably contributing a positive — though 
 quantitatively indeterminate — surplus to the establishment in 
 many ways. The time saved in going to and from lunch makes 
 for greater promptness; and the subsequent work is unquestion- 
 ably better because of the additional rest made possible. It 
 should also be noted that, with growing sentiment in favor of 
 better conditions for people at work, "welfare work" very 
 properly has a definite, unmistakable value as an advertising 
 outlay. It becomes a not inconsiderable part of the intangible 
 but very real assets carried on books as " good will " — they 
 might with better reason be called "good repute." 
 
 ' 
 
 3. MEMORANDUM ON MUTUAL AID ASSOCUTIONS IN 
 
 NEW YORK CITY STORES 
 (Prepared by the State Insurance Department) 
 
 State of New York — Insurance Department 
 New York Office, 165 Broadway 
 
 William T. Emmet, Superintendent of Insurance 
 
 New York, January 12, 1914 
 Hon. James J. Hoey, Second Deputy Superintendent, 165 
 Broadway, New York: 
 
 Sib. — As instructed by you, I respectfully report the results of 
 an examination into the conduct and methods of management of 
 several mutual aid associations for the benefit of employees of 
 various department stores in this city. 
 
 Specifically I inquired into the methods of collecting dues and 
 assessments, the methods of investing these, the segregation of 
 funds and separation of accounts, the percentage of expenses and 
 the legal interests which members had in the balances. 
 
 The investigation was prompted by complaints regarding the 
 fund maintained for the benefit of employees of Kesner & Com- 
 pany, the Fourteenth Street Store, and the Simpson-Crawford 
 Company, where the fimds of the association had either been 
 deposited in the private banks of the firm itself, or mingled with 
 the firm^s money in the same account, so that the association 
 now stands in the relation of creditor to the defunct firm or to 
 the private banks maintained by these firms. 
 
 At the outset it may be stated that wherever in operation, these 
 associations are doing a philanthropic work of great scope and 
 merit at a minimum cost to the persons concerned in them. In 
 some of the large stores, notably Gimbel's and Saks, no mutual 
 aid associations are maintained, but the stores, I was informed, 
 do maintain at their own expense welfare departments to attend 
 to the needs of employees in misfortune. In some other stores, the 
 work of the mutual aid association is supplemented by that of 
 welfare committees maintained at the expense of the firm, while 
 in others this work is left to the association itself, the firm ren- 
 dering assistance. In all cases where they are established how- 
 ever, the influence of the firm is exercised toward increasing the 
 
 [1671 
 
 I 
 
168 
 
 Appendix IV — Wage Investigation 
 
 revenues through the medium of the annual entertainments, the 
 proceeds of which go to supplement the amount collected as dues 
 and assessments. 
 
 The general scope and aims of all of the associations are similar 
 except that some are a shade wider and more ambitious than 
 others, but the methods of investment are different. Some keep 
 the funds of the association altogether apart from those of the 
 house ; others mingle them ; while in other cases the moneys are 
 deposited with the private banks of the firm where such banks 
 are maintained and no separate bond is given by the treasurer. 
 In nearly all cases the employee is compelled to enter the 
 association at the outset of his employment and on separating 
 from the service of the firm, no matter what the cause, he ceases 
 to be a member. This can work no real hardship as moneys are 
 paid out almost as fast as they are taken in and the balances, 
 while in some instances substantial, are still small compared with 
 the annual disbursement. 
 
 There doesn't appear to be in any of their constitutions, so 
 far as I have been able to ascertain, a provision vesting the funds 
 on hand in the association in the event of the firm's failure. 
 Possibly this is due to the reluctance with which any firm op 
 any employees of such firm look forward to the possibility of 
 failure. In the case of incorporated associations, such a pro- 
 vision might be unnecessary as the balances might legally vest 
 in the association, but all of them are not incorporated, and when 
 the firm does fail, as firms sometimes do, the employees' connec- 
 tion with the firm ceases and ipso facto interest in the associa- 
 tion's funds would seem to be brought to a termination. 
 
 It should be noted, however, that the pro rata interest of em- 
 ployees in balances amounts to not more than a dollar or two, 
 and compared with the records of benefits to the credit of such 
 associations since their organization, is almost infinitesimal. Yet, 
 as a matter of right, the funds clearly belong to the employees 
 and should be given some measure of protection. 
 
 The operating expenses of all of the associations are relatively 
 small. For instance, in Wanamaker's, where the annual disburse- 
 ments were $19,000, the only expenses incident to the collection 
 and disbursement of such a fund were the salary and carfare of 
 a woman employed at $30 a week, who unites the functions of 
 
 Mutual Aid Associations 
 
 169 
 
 financial secretary and that of welfare agent The charges 
 amount to but 8V^ per cent of the disbursements and this is 
 typical of the others. In Macy's the charges were somewhat 
 higher, apparently on account of the fact that medical fees are 
 charged in with the expense account. In some stores a physician 
 is maintained who gives his services free to the employees and 
 prescriptions given by him are filled at the drug department of 
 the store without charge. In some instances, too, the welfare 
 agent is paid by the firm. 
 
 The scope of the associations is always the payment of benefits 
 in the event of illness or of death. The membership is generally 
 divided into classes depending upon salaries paid, while the fees 
 and the benefits depend on which class the employee happens to 
 be in. 
 
 Dues and assessments are invariably deducted from the sal- 
 aries, receipt being given on the pay envelope which is the only 
 documentary evidence furnished the employee of his connection 
 with the association. 
 
 Officers are chosen from among the employees by the members 
 themselves generally, but sometimes the firm designates a director, 
 and generally, but not always, the remaining directors are chosen 
 from the heads of sections or their assistants. Sometimes special 
 cases are relieved and the money for their relief obtained by addi- 
 tional assessment. This, however, is not a general feature among 
 these associations. The firm generally maintains toward the 
 association a spirit of paternal encouragement, sympathy and 
 support. The results obtained by the members are much better 
 than an independent organization could give because of the low 
 operating expenses, the assistance rendered by the firm in help- 
 ing out the work of the association and the moneys deriyed from 
 the proceeds of entertainments and the like. 
 
 The imposition of any restrictions or additional duties might 
 possibly interfere with the general usefulness of these associa- 
 tions, necessitating additional work which might entail an added 
 expense. As conditions now stand these associations, consider- 
 ing their past record, are more than 99 per cent good, with only 
 the possibility of abuse in the remaining 1 per cent. 
 
 If any additional legal restrictions be imposed, they should 
 not go beyond a requirement for the approval of the constitution 
 
 I 
 
 
170 
 
 Appendix IV — Wage Investigation 
 
 by the Superintendent of Insurance. These constitutions should 
 provide that in the event of the firm's failure, the funds should 
 vest in the association for the benefit of those entitled to partici- 
 pate in the benefits at the time of failure. The treasurer ought 
 to be bonded in an amount double that of the average balances 
 and the funds should be kept absolutely distinct from those of 
 the firm itself in all cases. In most instances, this is now done. 
 The fee for a bond would be the only additional expense and that 
 would be almost negligible. 
 
 I should not care to recommend any additional supervision by 
 the Department of Insurance that would either add expense or 
 make the firms feel that an additional burden had been imposed 
 upon them in regard to these associations. They are of their 
 nature philanthropical, calling for the active sympathy and en- 
 couragement of the firms themselves, and any restrictions which 
 would hamper these would, it seems to me, interfere in a measure 
 with the good work that is now being performed. 
 
 Respectfully submitted 
 (Signed) JAMES P. CONWAY 
 
 Chief Examiner, Brokers Bureau 
 
 State of New York — Insurance Department 
 New York Oflice, 165 Broadway 
 William T. Emmet, Superintendent of Insurance 
 
 New York, February 16, 1914 
 Hon. James J. Hoey, Second Deputy Superintendent of Insur- 
 ance, 165 Broadway, N, Y,: 
 
 Sir. — On January 12, 1914, I furnished you with a report of 
 the results of the investigation made by myself into the conduct 
 and methods of management of a number of mutual aid associa- 
 tions for the benefit of employees attached to various department 
 stores in this city. 
 
 At the request of Dr. Howard B. Woolston, Director of Inves- 
 tigation for the New York State Factory Commission, the depart- 
 ment made further inquiries from all the department stores of the 
 city in r^ard to the purposes and methods of management of all 
 mutual aid associations connected with these department stores. 
 To that end a letter was addressed to the manager of each store 
 asking for specific information, all of which has been readily 
 given. 
 
 ( 
 ' 
 
 } 
 
 Mutual Aid Associations 
 
 171 
 
 A circular letter was addressed by the department to sixteen 
 stores and replies were received from all of them. Of these six- 
 teen stores, eleven maintain mutual aid associations and five do 
 not. The stores which maintain such associations are: 
 
 B. Altman & Company, F. Looser & Company, Lord & Taylor, 
 A. I. Namm & Son, R. H. Macy & Co., John Wanamaker, Stern 
 Bros., Koch & Company, Bloomingdale Bros., James McCreery & 
 Co., Greenhut-Siegel Cooper Co. 
 
 Those which do not maintain mutual aid associations are: 
 
 Abraham & Straus, James A. Hearn & Son, A. D. Matthews 
 Sons, Gimbel Bros., Saks & Company. 
 
 The smaller stores were not circularized. 
 
 The name of each society indicated its connection with the store 
 where it was organized, and the general purpose of each seems 
 to be of the same character, viz. to provide and maintain a fund 
 for the purpose of aiding the members of the association during 
 illness or distress, and to provide for their families a benefit in 
 case of death. All of them, excepting that connected with F. 
 Looser & Company, were governed by constitution and by-laws 
 adopted and enforced by the members of the association or the 
 board of directors. 
 
 Practically all of the constitutions provide for an annual meet- 
 ing of all the members of the association and more frequent meet- 
 ings for the board of directors. Sometimes the directors meet 
 quarterly, sometimes monthly, sometimes semi-monthly. In only 
 a few cases is there any provision made for special meetings. 
 
 In five out of the eleven stores, all of the employees of the 
 store belong to the association except transients or temporary em- 
 ployees. In these cases the construction and by-laws provide that 
 each employee must join the association after a given time. 
 
 In Altman's about two-thirds of the employees are members; 
 in Loeser's one-third ; Lord & Taylor's 30 per cent ; Stem Bros, 
 one-sixth ; Koch & Company one-third, and James McCreery 45 
 per cent 
 
 The dues in all excepting two cases are deducted from the 
 weekly payments. The employees in all the stores are classified 
 into grades, some of the stores having as high as four classifica- 
 tions and others two and three. In McCreery's store there is 
 only one. 
 
 L 
 
172 
 
 Appendix IV — Wage Investigation 
 
 
 :i ; i 
 
 In the two cases in which deductions are not made, viz: Stem 
 Bros, and Bloomingdale Bros,, members in arrears for dues after 
 one month are suspended from all claims on the society. 
 
 In Altman's employees in some cases can maintain their m^n- 
 bership even after leaving the firm, provided they continue to pay 
 tiieir dues. Otherwise, failure to pay dues will result in 8U»- 
 pension. 
 
 The dues amount generally from 5 cents to 75 cents monthly. 
 
 Very few special assessments are made in connection with any 
 of the associations. Where they are made, as in John Wana- 
 maker's and Stem Bros., the purpose of the levy is to pay death 
 benefits. In Altman's the constitution provides for such an assess- 
 ment when the amount of the death benefit fund falls below $100, 
 but no assessment has been levied in years. 
 
 Additions to the fund frequently come from entertainments, 
 donations and bequests, etc. The fund in Altman's was augmented 
 during the past year to the extent of $50,000 by bequest from 
 Benjamin Altman. 
 
 In Wanamaker's the jfund is augmented every year from the 
 moneys derived by an annual entertainment. 
 
 Two hundred dollars was derived from an entertainment 
 under the auspices of the association maintained in connection 
 with Namm & Sons last year. 
 
 The association having the largest amount of assets is that con- 
 nected with Altman & Company which has $80,000, $75,000 of 
 which is invested in bonds, and $5,000 in a tmst company. 
 Loeser's has $5,000 on hand deposited with the firm. Lord & 
 Taylor has $2,000 invested with the firm. Kamm & Company, 
 $453 deposited with the firm. Wanamaker, $4,900 deposited 
 with the corporation of John Wanamaker. Stem Bros., $3,500 
 deposited with the firm. The balance maintained by the associa- 
 tion connected with Koch & Company is not given but is deposited 
 in the Com Exchange Bank and the Empire Savings Bank. 
 Bloomingdale's has $34,781 of which $12,000 is invested in mort- 
 gages. The balance is deposited in bank drawing interest. Mc- 
 Creery has $8,750 deposited with the firm. Greenhut-Siegel 
 Cooper Company has approximately $20,000, some of it invested 
 in securities and some deposited in bank. 
 
 Mutual Aid Associations 
 
 173 
 
 
 f 
 
 All of these funds carry interest bearing from 4 to 6 per cent. 
 
 Financial statements in practically every case are made annually 
 in the ordinary way, and the by-law provide for an audit in the 
 case of the Bloomingdale Association. 
 
 The Altman Association pays a death benefit of $100 and $5 
 and $10 weekly for sick benefits for ten weeks. Loeser & Com- 
 pany pays a death benefit of $100 where deceased has been a mem- 
 ber for less than a year and $300 where he has been a membei* 
 more than a year. No sick benefits are given here. Lord & Taylor 
 pays death benefits of $150 and $75, and $10 and $5 per week for 
 eight weeks out of twelve months to sick members according to the 
 grade. In Namm & Company the sick benefits are one-half of 
 the member's salary not exceeding $6.50 a week. The death 
 benefits are $50 and $100 according to the grade. R. H. Macy 
 & Company pay sick benefits for from five days to eight weeks 
 in a year, and also pay death benefits, the amount of which 
 is not stated in either case. John Wanamaker pays sick benefits 
 amounting to $2, $4, $5 and $7, not exceeding ten consecutive 
 weeks, nor more than thirteen weeks in the year. The death 
 benefits are $100 and $200 according to the grade. Stem Bros, 
 pay sick and death benefits — sick benefits of $5 and $10 a 
 week not exceeding eight weeks in a current year according to 
 grade, and death benefits of $100 and $50, provided they are 
 approved by the board of directors. 
 
 No information on this point was forthcoming from Koch k 
 Company's association. Bloomingdale pays $6 a week not exceed- 
 ing twelve weeks, and a member may borrow $50 while in distress. 
 Death benefits are $30, $40 and $50. James McCreerv members 
 incapacitated by accident or sickness receive $10 for the first week, 
 $5 for the second week, and $10 for each succeeding week for a 
 period not to exceed eight weeks during any twelve months. One 
 hundred dollars is payable at death. 
 
 In Altman & Company the association provides the services of 
 an oculist when required. In Loeser & Company the association 
 keeps a doctor in the store between 9 and 11 each day and pays 
 him a salary. In A. I. Namm & Company a sick room is main- 
 tained on the premises by the association where medicine and treat- 
 ment are given free of charge. There is a nurse in attendance at 
 all hours during business hours and a doctor in attendance each 
 
 3 
 
174 
 
 i 
 
 Appendix IV — Wage Investigation 
 
 forenoon. A physician visits the homes of the members at the 
 expense of the association. The salaries of the nurse and the 
 doctor are charged to the association. In R. H. Macj & Companj 
 a corps of physicians are maintained whose salaries are charged 
 to the association. 
 
 Welfare work done by the associations is frequently supple- 
 mented by other kinds of welfare work done by the stores. Alt- 
 man & Company maintain a doctor and trained nurse in attend- 
 ance daily for employees requiring their services. These are main- 
 tained at the expense of the store. Loeser k Company keep a 
 nurse employed by the firm in constant attendance in the sick 
 room. A. 1. iXamm & Co., R. H. Macy & Company and Bloom- 
 ingdale Bros, maintain lunch rooms for employees where food is 
 served at cost. In Nanim & Company's fresh milk is supplied 
 free of charge every afternoon to all employees under sixteen 
 years of age. Bloomingdale Bros, maintain a summer vacation 
 cottage at Far Kockaway, and some of the companies maintain 
 beds in hospitals. 
 
 The relation of the expenses of the aasociations to the income 
 always depends upon whether or not the doctors' and nurses' 
 salaries are charged to the association. In Altman k Company 
 and John Wanamaker where they are not, the ratio of expenses to 
 dues is from 5% per cent in Altman's to Sy** per cent in Wana- 
 makers. In the other cases where a part of the work of the 
 association is the furnishing of the doctors and nurses, the expenses 
 are from 20 per cent to 39 per cent In Lord & Taylor's it ii 
 20 per cent: Macy's 24 per cent; Bloomingdale's 21 per cent; A. 
 I. Xamm's 341/^ per cent; Loeser's 39 per cent. The ratio is not 
 given from the other stores. 
 
 In all excepting a few instances, membership in the astocU- 
 tion ceases when the employee terminates his connection with the 
 firm. There are a few cases where the employee can maintain hit 
 membership for a short period. 
 
 In all cases the relationship between the firm and the aseocia* 
 tion is friendly, not to say fraternal, except in James McCreery 
 and Koch's, where the firm disclaims any connection with the 
 association. Respectfully submitted, 
 
 JAMES P. CONWAY 
 
 Chief Examiner 
 
 \ 
 
 f 
 
 m THE SfflRT INDUSTRY 
 
 Extent and Character op the Business 
 
 We have no good recent statistics on the number of persons 
 engaged in shirt making in New York State. The most recent 
 official data are given in the United States Census of Manufac- 
 tures for 1905. On page 17 of Part I, we find the following 
 comparative summary for the United States as a whole : 
 
 
 1880 
 
 1890 
 
 1900 
 
 1905 
 
 Ectablf ffhmentff 
 
 549 
 
 25,687 
 
 $5,403,606 
 
 $11,306,444 
 
 $20,130,031 
 
 869 
 
 31,207 
 
 $9,193,495 
 
 $15,704,353 
 
 $33,638,593 
 
 ♦690 
 
 36.622 
 
 $10,894,327 
 
 $22,950,564 
 
 $47,121,530 
 
 641 
 
 Wacc mrners 
 
 36.499 
 
 Wages 
 
 $11,233.3M 
 
 Cost of materiftla 
 
 $25,639,403 
 
 Value of products 
 
 $50,971.10$ 
 
 
 
 
 
 
 • This table shows the expansion of the business during twenty- 
 five vears. 
 
 The New York State Industrial Directory for 1912 gives the 
 following summary of persons engaged in the manufacture of 
 men's shirts, collars, and white goods throughout the State: 
 
 Number of faotoriM 370 
 
 OflBoa toro9 
 
 Shop men (16 yean +) . . . 
 Shop boys (14-15 yean) . . . 
 Shop women (16 yean +). 
 Shop girls (14-15 yean) . . , 
 
 700 
 
 8.270 
 
 74 
 
 22.076 
 
 Total employ 
 
 31.480 
 
 It is obvious, however, that this number includes persons who 
 are engaged in making other articles besides shirts, such as boys' 
 blouses, pajamas, and underwear. 
 
 The nearest thing to recent official figures is found in the 
 Occupation Statistics of the Thirteenth Census. On pages 495 
 and 498 are given the numbers of semi-skilled operators in shirt 
 and collar factories in the State of New York. There were re- 
 corded in 1910, 4,921 men and boys and 8,116 women and girls. 
 With these figures before us we can now estimate the size of the 
 industry in New York State and form some opinion of the pro- 
 portion of the trade which was covered by the present sun^ey. 
 
 * Neighborhood shops no longer included. 
 
 [175] 
 
 
 i 
 
176 
 
 1'- 
 
 i- 
 
 j: 
 
 If I 
 
 
 II 
 
 
 Appejvd:x IV — Wage Investigation 
 
 During December and January last, we investigated 76 shirt 
 factories in New York City. During the months of May and 
 June, we took payrolls from 36 other plants in various cities 
 up-state, principally about Albany and Troy. These factories 
 included nearly 12,000 employees engaged in the making and 
 laundering of shirts. About 6,600 were found in New York 
 City and the rest were scattered throughout the State. 
 
 We found the trade divided into two main classes: First, 
 those factories which make men's working shirts of cheap cham- 
 bray or sateen, and secondly, those which make the more expen- 
 sive dress and negligee shirts of various materials from cotton to 
 silk. The former trade is characteristic of New York City ; the 
 latter is particularly the line followed in Troy and its outlying 
 centers. 
 
 We also found that factories perform the whole or parts of 
 the operations involved in cutting, sewing and laundering shirts. 
 In some places, cutting only is done and the sewing is let out to 
 small contract shops or is sent to subsidiary plants in towns 
 throughout the State or beyond its borders. In other places, we 
 found that while shirts are cut and sewed in the shirt factories, 
 they are laundered in commercial plants which do work for the 
 trade. The large establishments in Troy generally do all branches 
 of the work and have outlying factories beside. Many of the New 
 York houses do only cutting and send their goods to the contract 
 shops of the east side, or to factories in Pennsylvania or else\^^here. 
 We found no traces of a comprehensive trade organization 
 among manufacturers throughout the State, although in the 
 plants in Troy the owners seemed to have a very close under- 
 standing. Among the employees we found only vestiges of a 
 feeble union. Organization among workers seems to have failed 
 almost completely either because of the character of the workers 
 themselves, who are largely women and foreigners, or because 
 unionism has been vigorously opposed by the employers. 
 
 Workers are recruited in the main by advertisements in the 
 paper, by signs on the door, or through the agency of friends or 
 acquaintances already at work in the factory. For the ordinary 
 kind of work done, no special qualifications are required except 
 good health, neatness and dispatch. 
 
 
 A 
 
 I 
 
 K 
 
 / 
 
 The Shibt Industry 
 
 177 
 
 Pebsonnel 
 Table I shows the division of factory workers according to age 
 and sex groups. The figures in all the tables are for New York 
 State imless otherwise stated. 
 
 TABLE I 
 AoB AND Sex of Workers 
 
 
 TOTAl- 
 
 MALE FEMALE 
 
 
 Number 
 
 Percent 
 of aU 
 
 Number 
 
 Percent 
 ofaU 
 
 Number 
 
 Percent 
 of aU 
 
 Totol.... 
 
 11.808 
 
 100. 
 
 2,833 
 
 23.3 
 
 9.075 
 
 76.7 
 
 Age group: 
 
 14-16 
 
 16-17 
 
 18-20 
 
 21-24 
 
 26-29 
 
 30-34 
 
 36-39 
 
 4(M4 
 
 45-54 
 
 66-«4 
 
 M+ 
 
 320 
 
 1,660 
 
 3.092 
 
 2.205 
 
 1,531 
 
 064 
 
 897 
 
 540 
 
 544 
 
 130 
 
 25 
 
 2.7 
 
 14. 
 
 26.2 
 
 18.6 
 
 13. 
 8.1 
 7.6 
 4.6 
 4.6 
 1.1 
 .2 
 
 28 
 180 
 414 
 471 
 516 
 371 
 360 
 228 
 220 
 
 48 
 8 
 
 .2 
 1.6 
 3.5 
 4. 
 4.4 
 3.1 
 3. 
 1.9 
 1.9 
 
 .4 
 
 292 
 
 1.480 
 
 2,678 
 
 1,734 
 
 1,016 
 
 593 
 
 547 
 
 312 
 
 324 
 
 82 
 
 17 
 
 2.5 
 
 12.5 
 
 22.6 
 
 14.6 
 
 8.6 
 
 5.6 
 
 4.0 
 
 3.7 
 
 a.7 
 
 .1 
 
 It is clear from the forgoing figures that women far out- 
 number men, three-fourths of the working force being composed 
 of females. As to age, more than three-sevenths of the whole 
 number of employees are minors. The males, in general, are 
 older than the females. Nearly one-half of all the female workers 
 are girls under 21 years of age. This fact at once explains the 
 difficulties of organization and the low wage payments, which 
 will later be analyzed. 
 
 The following table shows the division of workers according 
 to nativity: 
 
 TABLE II 
 Nativitt of Workers bt Sex 
 
 
 Male 
 
 Female 
 
 Total 
 
 Percent 
 of aU 
 
 Total 
 
 2.827 
 
 9,088 
 
 11,915 
 
 100 
 
 
 
 Native 
 
 855 
 
 5.026 
 
 5,880 
 
 49 3 
 
 
 
 Foreign 
 
 1,972 
 
 4,063 
 
 6,035 
 
 50 7 
 
 
 
 Ruauan 
 
 1,132 
 
 366 
 
 163 
 
 25 
 
 28 
 
 67 
 
 24 
 
 167 
 
 1,650 
 
 1,572 
 
 282 
 
 163 
 
 82 
 
 41 
 
 78 
 
 295 
 
 2,682 
 1.938 
 445 
 188 
 110 
 108 
 102 
 462 
 
 22 5 
 
 Italian 
 
 16 5 
 
 Austrian 
 
 3 7 
 
 Iriah 
 
 1 6 
 
 German 
 
 g 
 
 Hungarian 
 
 9 
 
 English 
 
 Q 
 
 31 other foreign 
 
 4.3 
 
ll 
 
 1'^ 
 
 I' 
 
 V 
 
 ■i 
 
 M 
 
 178 
 
 Appendix IV — Wage Investiqatiok 
 
 It is clear from these figures that foreigners predominate in 
 the trade as a whole. Nearly 70 per cent of the males are 
 foreign born and only 45 per cent of the female employees. 
 Among foreign bom, Russians and Italians clearly predominate, 
 constituting over three-fourths of all those bom abroad. This 
 preponderance of Jewish and Latin workers reflects in the main 
 the conditions existing in New York City, where over three- 
 fourths of the factory workers are of foreign birth. In the 
 smaller cities and towns up-state, 90 per cent of the workers are 
 of native birth.* 
 
 Considering next the distribution of these persons by afS 
 groups and nativity, we note that there are more native than 
 foreign born children of both sexes. Among young persons from 
 16 to 20 years of age, the foreign bom outnumber the natives, 
 three to two. Among adults, there are twice as many native as 
 foreign women and twice as many foreign as native men. In 
 the main, however, the trade seems to be composed of native 
 women, foreign girls and foreign men, in the order of impor- 
 tance shown in the following table: 
 
 TABLE III 
 Natititt op WoBKBBa BT Sbx Asm AoB Oaoim 
 
 
 Sex 
 
 TOTAL 
 
 14-15 
 
 15-20 
 
 21 + 
 
 NAXiriTT 
 
 Num- 
 ber 
 
 Percent 
 of class 
 
 Num- 
 ber 
 
 Pereent 
 of dasB 
 
 Num- 
 ber 
 
 PeroMit 
 of elaaa 
 
 Num- 
 ber 
 
 Pareent 
 of«la« 
 
 NaUve | 
 
 Male 
 
 Female 
 
 853 
 4.974 
 
 100. 
 100. 
 
 21 
 210 
 
 2.5 
 4.4 
 
 306 
 1.001 
 
 24.5 
 84. 
 
 624 
 3.064 
 
 75. 
 61.6 
 
 Foreign < 
 
 Male 
 
 FenuOe 
 
 1.9«6 
 4.051 
 
 100. 
 100. 
 
 7 
 71 
 
 .4 
 
 1.7 
 
 382 
 2.450 
 
 10.4 
 60.5 
 
 1,577 
 1.530 
 
 80.6 
 87.8 
 
 Finally, considering the conjugal condition of the workers, we 
 find that there are many more single women than men. This is 
 doubtless explained by the fact that the women as a whole are 
 younger. Over one-half of the men are married while only one 
 
 • See Stetistieal Appendix. Table 87. 
 
 The Shirt Industry 
 
 179 
 
 married woman in nine female workers is reported. The fol- 
 lowing table shows that widows are more numerous than 
 widowers. Only 1 divorced man and 46 women are recorded. 
 
 TABLE IV 
 
 COMJVOAL CONDITICN BT SeX 
 
 
 BIKGLB 
 
 MABBZKO 
 
 WIDOWBD AND 
 DIVOBCED 
 
 Sbx 
 
 Number 
 
 Percent 
 of sex 
 
 Number 
 
 Percent 
 of eex 
 
 Number 
 
 Percent 
 of sex 
 
 Male 
 
 1.330 
 7.468 
 
 47.5 
 83.1 
 
 1.438 
 1.007 
 
 51.2 
 11.1 
 
 35 
 521 
 
 1.2 
 5.8 
 
 Female 
 
 
 Both 
 
 8.807 
 
 74.5 
 
 2.445 
 
 20.7 
 
 556 
 
 4.7 
 
 
 Occupations 
 
 The following table shows the division of employees in shirt 
 factories throughout the State, according to the general character 
 of the work which they perform : 
 
 TABLE V 
 
 NCMBEB or EvPIiOTEES BT ChaBACTBB OF WOBK 
 
 
 Male 
 
 Female 
 
 Both 
 
 Factory and laundry 
 
 OflBce 
 
 2.840 
 195 
 297 
 295 
 
 9.116 
 
 237 
 
 20 
 
 20 
 
 11.956 
 432 
 
 Plant 
 
 226 
 
 Shipping 
 
 315 
 
 
 
 Total 
 
 3.627 
 
 9.402 
 
 13.029 
 
 
 It is clear from this table that the manufacturing and launder- 
 ing of shirts engages by far the greater number of peopla In 
 this branch of the work women predominate. An account of the 
 oflSce, plant and shipping forces is left for a later section of the 
 report. It is sufiicient here to mention that in the office, male 
 and female employees are rather even in numbers, while in the 
 plant and shipping divisions men greatly predominate. 
 
Ir* 
 
 '' 
 
 
 180 
 
 Appendix IV — Wage Investigation 
 
 Confining our attention to employees in the factory group, we 
 here present a summary analysis of the number of persons of 
 each sex who are engaged in the main divisions of the work. 
 
 TABLE VI 
 NmBER or Emplotxu in Factort Group 
 
 DivBioN or Factort 
 
 Cuttins 
 
 Seiving 
 
 Laundry 
 
 Total 
 
 Male 
 
 629 
 1.016 
 1.195 
 
 Female 
 
 46 
 7.200 
 1.870 
 
 2.840 
 
 9.116 
 
 Both 
 
 675 
 8.216 
 3.065 
 
 11.956 
 
 ! 
 
 This table makes it evident that sewing is the most important 
 part of the trade numerically, and that here women and girls 
 outnumber men and boys, seven to one. In the cutting depart- 
 ment, which is much more skilled work, male operatives greatly 
 preponderate, while in the laundry, which is comparatively un- 
 skilled, the numbers of the sexes are not greatly different 
 
 We may now briefly consider the main operations involved in 
 cutting, sewing, and laundering a shirt for the market Cloth 
 is first stretched in layers several dozens of thicknesses, on long 
 tables. This work is done by young helpers to the cutters. The 
 marker then lays out the pattern upon this cloth and traces the 
 outlines upon its surface. This work is done by skilled men, 
 because any lack of judgment in placing the patterns may result 
 in large losses of materials. After the batch has been laid out, 
 the lines traced upon the cloth are cut either by hand with a 
 sharp knife, or in some cases by a blade which is worked up and 
 down by an electric motor. The outlines of the parts of the shirt 
 having thus been cut, a trimmer may then follow to make the 
 curves and corners more smooth and exact. The parts are then 
 labeled and tied up ready to go to the sewing room. 
 
 In the sewing and finishing of shirts, from 20 to 40 operations 
 may be involved according to the kind of garment and the or- 
 ganization of the factory. The work is highly specialized in the 
 more developed plants. We found in some of the large estab- 
 
 The Shirt Industry 
 
 181 
 
 lishments as many as sixty different kinds of work being done 
 by different persons. Very briefly the principal operations in 
 making a shirt are these: 
 
 The front pleat and the pocket, if any, are attached, or the 
 bosom is sewed ready for insertion. The back is set on to the 
 yoke and a label sewed in. The sleeves are pieced by setting a 
 gore under the arm, and the facings are attached to the opening 
 at the bottom. The cuff is made by stitching together the two 
 sides and the lining. It is then usually turned by hand, sewn 
 down on the right side and attached to the sleeve. The neck- 
 band is made in much the same way as the cuff. Sometimes, 
 however, both cuff and collar band are creased and sewn at once 
 on the right side. The buttons and buttonholes are marked and 
 sewn at the proper places, and then the different parts are ready 
 for putting together. The back and front are joined at the 
 shoulder seam ; the sleeves are set in ; and then the shirt is closed 
 by felling the inside of the sleeves and the front and back down 
 to the bottom. A line of stitching is then put around the skirt 
 and the shirt is ready for examining, cleaning and repairing, if 
 
 any be needed. 
 
 Dress shirts and the better grades of negligee garments are 
 sent to the laundry where they are washed and starched by hand 
 or machine. After this they are hung in steam closets and are 
 then ironed by hand or machine. Finally, they are again in- 
 spected, folded and packed in boxes for shipping. 
 
 Let us now consider briefly the kind of people who perform 
 these various operations. First, with regard to age and sex, the 
 accompanying table shows that most of the markers and cutters 
 are men in the. prime of life. Their helpers are usually young 
 men who are learning the trade. 
 
 Cutting is really a skilled occupation and requires some kind 
 of apprenticeship before the responsibility of cutting many thick- 
 nesses of valuable cloth is given to a man. However, we have 
 found that in some of the small factories, especially in Xew York 
 City, very young men do this work. In other places persons have 
 described themselves as cutters, who could scarcely be classified 
 in that category in the better plants. 
 

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 III 
 
 182 
 
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 The Shikt Industry 
 
 183 
 
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 184 
 
 Appendix IV — Wage Investigation 
 
 In the sewing department, foremen and forewomen are usually 
 persons of mature years and experience. The majority of oper- 
 ators range among men from 21 to 40, and among women from 
 18 to 30. 
 
 The rougher floor work, which consists in the main of bringing 
 materials and removing completed work, is mostly done by young 
 people, although a few old retainers are kept for this service. 
 
 In the laundry the ironers, the most skilled and best paid op- 
 eratives, are mostly men, because the work is very heavy. The 
 starchers, on the other hand, are almost all women ; the few men 
 work on the machines. Laundry helpers who do the washing 
 and misceUaneous work of various sorts, are of all ages. 
 
 In the final stage of examining and packing the shirts, we find 
 again that women outnumber the men and they are mostly young 
 women whose keen eyes and deft hands are best adapted for this 
 purpose. 
 
 With regard to the nativity of those who perform these various 
 operations, the following table shows that foreign men are very 
 well represented in the skilled division of cutting ; that they pre- 
 dominate in the sewing division and also in the laundry. This 
 large proportion of men in all branches of the trade is again a 
 reflection of the situation in New York City. As for women, we 
 find the largest proportion of natives in the more skilled lines, 
 while the foreign bom are very numerous in sewing and ironing. 
 
 TABLE VIII 
 
 OCCTTPATIONS BT NaTIVITT 
 
 Occupations 
 
 MALE 
 
 FEIIAUB 
 
 Native 
 
 Foreign 
 
 NaUve 
 
 Foreigii 
 
 Markers 
 
 15 
 
 210 
 
 25 
 
 73 
 
 27 
 126 
 
 22 
 125 
 
 1 
 5 
 
 37 
 
 1 
 
 Gutters 
 
 
 Trimmers 
 
 
 Helpers 
 
 3 
 
 
 
 Foremen and forewomen. . 
 Operators 
 
 73 
 39 
 26 
 
 72 
 
 750 
 
 50 
 
 118 
 
 3.290 
 
 388 
 
 ao 
 
 2. MM 
 
 Floor work 
 
 383 
 
 
 
 Laundry helpers 
 
 35 
 
 4 
 
 290 
 
 18 
 
 4 
 
 604 
 
 35 
 
 135 
 248 
 
 Si 
 
 Starchers and dampcnwi. . 
 Ironers 
 
 m 
 
 284 
 
 
 
 Examiners 
 
 28 
 16 
 21 
 
 
 
 30 
 41 
 
 543 
 
 101 
 
 118 
 
 103 
 
 Folders 
 
 140 
 
 Packers 
 
 36 
 
 1 
 
 
 t 
 
 The Shirt Industry 
 
 Piece Kates 
 
 185 
 
 Sixty-five per cent of the female employees and 56 per cent 
 of the male employees in shirt factories are on piece rates. It is 
 therefore necessary to have some idea of the basis upon which 
 earnings in the trade are calculated. The following examples 
 are given not to explain exhaustively the scheme of rates, but to 
 show certain typical cases. 
 
 These rates are sometimes arrived at by a rough method of ex- 
 periment When a new operation is about to be performed, sev- 
 eral operators (slow, fast and ordinary) are put to work upon 
 the task and their earnings are averaged and used as a basis for 
 payment on the new work. This, however, applies only to the 
 more carefully organized establishments. In the main, the price 
 of shirts is known and the cost is figured down, so much being 
 assigned to labor. Each operation is then assigned a recompense 
 sufficient to make up the calculated amount. 
 
 Making a plain working shirt is ordinarily divided into more 
 than twenty special operations. The " sections ", or subdivisions 
 of the work vary from plant to plant according to the specific 
 character and finish of the garment, the kind of machines used 
 and the skill of the operatives. 
 
 The following list shows the nature of the work done in sewing 
 and finishing a blue chambray shirt, double stitched throughout, 
 with attached collar and one pocket, sleeve facings and seven pearl 
 buttons. Contractors charge from 65 cents to 85 cents a dozen to 
 make up such garments, which sell for $3 to $3.50 per dozen, 
 wholesale, and ordinarily cost the consumer 50 cents each. The 
 figures here given show piece rates and output in New York City 
 shops specializing in this line of goods. 
 
 These rates are only two-thirds to three-fourths of the union 
 scale, which fixes 65 cents per dozen for operating on a single 
 stitched shirt without pockets and not including the sewing of 
 buttons. On the low scale given, it will be seen that a skilled 
 worker can make from $10 to $15 a week, while an unskilled hand 
 may get only $2 to $5. But to turn out 500 to 600 dozen pieces 
 in 54 hours means two garments a minute, which gives some idea 
 of the pace required. 
 
 ^1 
 
186 
 
 I '' I 
 
 ! I 
 
 Appendix IY — Wage Ixvestioatiox 
 
 TABLE IX 
 Rates on Work Shibts — Nnr York Citt 
 
 OPERATIONS 
 
 Front 
 
 Stitcbins center pleat 
 
 Finishing center and button inece. 
 
 Stitching pocket 
 
 Setting pocket 
 
 Back 
 
 Setting yoke 
 
 Sewing label 
 
 Joining front and back 
 
 CoUar 
 
 Making and stitching 
 
 Turning points 
 
 Turning or stitching bands 
 
 Setting collar 
 
 Sleete 
 
 Piecing 
 
 Stitching facing 
 
 Finishing facing 
 
 Sleeving in 
 
 Cuf 
 
 Making 
 
 Hemming 
 
 Turning and stitching 
 
 Setting on sleeve 
 
 Complete body 
 
 Hemming shirt 
 
 Closing side seams 
 
 BuUont 
 
 Marking 
 
 Making buttonholes 
 
 Sewing on buttons 
 
 Finithing and packino 
 
 Trimming — cleaning 
 
 Buttoning 
 
 Packing 
 
 Tsrpieal 
 
 rates 
 per dosen 
 
 Csfite 
 f-2 
 4i 
 
 l-U 
 2i 
 
 lJ-2 
 1 
 
 u 
 
 3H6 
 
 1 
 
 8 
 8-3i 
 
 U-2 
 
 II 
 
 4i 
 
 3M* 
 
 1 
 U 
 
 4 
 2 
 
 2i-2J 
 3J-4J 
 
 1-3 
 3-3» 
 2J-2I 
 
 1-1* 
 
 l-U 
 1-2 
 
 } 
 
 WBBKX.T OtTTPtDT m 
 OrSBATOB 
 
 Superior 
 
 570 
 
 800 
 
 558 
 
 188 
 
 480 
 880 
 150 
 260 
 
 880 
 
 188 
 
 806 
 880 
 
 716 
 836 
 412 
 
 400 
 600 
 
 ATeraga 
 
 888 
 
 884 
 
 418 
 434 
 18t 
 
 228 
 
 888 
 484 
 
 148 
 800 
 
 800 
 
 97 
 
 280 
 200 
 
 860 
 200 
 280 
 
 828 
 
 400 
 838 
 
 Total cost for sewing and completing, 53] cents. 
 
 Average factory output. 60-65 dosen per operator per week. 
 
 ; I 
 
 The Shirt Industry 
 
 187 
 
 The rates for sewing negligee shirts are somewhat higher than 
 on work shirts, because of the better grade of work required. 
 The accompanying table shows piece and week rates for the more 
 important sewing operations. These are representative of the 
 run of factories in New York City. Such cotton shirts ordinarily 
 cost about $1 a dozen to make and sell at $2.50 to $5 per dozen, 
 according to quality. 
 
 table X 
 
 Ratu on Nbouoer Shibts — Nkw York Citt 
 
 (Rp^rnfo Oprrattonh 
 
 Piece rates 
 per dosen 
 
 WKCK RATES 
 
 
 Male 
 
 Female 
 
 Front mulnng 
 
 Centa 
 12-35 
 16-25 
 16-26 
 
 811 50-815 00 
 
 11 75- 16 25 
 
 8 50- 15 50 
 
 6 50- 7 00 
 
 6 25- 14 25 
 
 7 15- 15 00 
 13 25- 15 50 
 10 50- 15 75 
 
 8 25- 13 00 
 7 25- 9 75 
 
 10 25- 13 75 
 
 85 50- 88 50 
 
 4 75- 8 00 
 6 50-9 00 
 
 5 25- 7 00 
 
 4 75- 7 25 
 
 6 50- 9 00 
 6 50-10 25 
 
 5 50- 9 00 
 
 6 75- 8 50 
 5 50- 8 00 
 5 25- 8 50 
 
 Collar and cuff making . . 
 Collar astting 
 
 Back making 
 
 
 8-25 
 
 2i-3 
 
 5-7 
 
 3-7 
 
 5-6 
 
 Joining , , . 
 
 Sleeving 
 
 Closing and Hemming. . . 
 Buttonholing 
 
 Button setting 
 
 Operating (general) 
 
 
 AU sewing 
 
 Contract 
 price: 
 75o-$l 75 
 
 Average: 
 8^815 
 
 Average: 
 85-^88 50 
 
 
 
 F 
 
 The following table shows for typical factories in the Troy 
 districts, representative rates, outputs and hourly earnings for 
 female operators engaged in sewing: 
 
 TABLE XI 
 
 Typical Rates, HotiRLT Oxttput and EARNmoa 
 
 Fbmaub Shirt Operators — Trot Factories 
 
 QPERATIOir 
 
 Marking for buttons 
 
 Sewing on buttons 
 
 Joining front and back . . . 
 
 Putting on cuffs 
 
 Putting on neckbands .... 
 
 Sleeving in 
 
 Felling (closing sides) 
 
 Hemming 
 
 Principal sewing operations 
 
 Typical 
 
 rates 
 per dosen 
 
 CenU 
 1 -2* 
 11-31 
 
 4-5 
 8 -11 
 8 -13 
 5 -10 
 5-8 
 3 -12 
 
 Ordinary 
 
 output 
 
 per hour 
 
 Doten 
 11 -14 
 6i-ll 
 2k- 4 
 11-2 
 U- 2J 
 2i- 4 
 2-4 
 2-4 
 
 2-5 
 
 Usual 
 earnings 
 per hoiur 
 
 )H 
 
 CenU 
 
 14-26 
 
 17-24 
 
 13-18 
 
 11-24 
 
 14-24 
 
 16-22 
 
 16-22 
 
 13-22 
 
 15-24 
 
I 
 
 ^^1' 
 
 li' 
 I 
 
 il 
 
 ii 
 
 188 
 
 Appendix IV — Wage IjrrKsriGATiON 
 
 Hand starching, which is mostly women^s work, is usually paid 
 at the rate of 5 cents or 10 cents per dozen shirts according to 
 the amount of surface stiffened. If cMily the neckband is to be 
 starched, less is paid. If an elaborate bosom is to be stiffened, 
 more than the amounts quoted is given. 
 
 Hand ironing is ordinarily paid at the rate of 4 cents to 10 
 cents per garment according to the amount of starched surface 
 to be smoothed. An average male ironer will turn out two or 
 three garments an hour and on the better grade of work will 
 ordinarily earn from 20 cents to 30 cents per hour. 
 
 The highest and lowest skilled work is ordinarily paid upon 
 a time basis although even cutting and packing are occasionally 
 at piece rates based on the usual or expected output per employee. 
 
 It will be noted at once that rates in general are higher in Troy 
 than in New York City. This is due to several reasons: First, 
 the class of goods manufactured up-state is of finer quality as a 
 whole. Secondly, the class of labor is somewhat different, being 
 composed in the main of native stock with certain well established 
 standards of living. 
 
 It is true also, that rates for the same operations are lower in 
 small towns than in Troy. This is true in factories of the same 
 concern and is probably due to the reasons above given. The 
 employers themselves admit that they have located some of these 
 outlying factories because labor is cheaper in small places and 
 there is less danger of strikes. In some cases these small factories 
 were the property of sub-contractors and were taken over by the 
 larger concerns in order to have complete control. 
 
 In some of the factories, where finer grades of goods are made, 
 we find that there is a guarantee of a minimum amount per week 
 for the more skilled operatives. This is in order to prevent their 
 leaving the employ of the firm by assuring them a certain amount 
 of work throughout the year. 
 
 The Shirt Industry 
 
 189 
 
 Week Rates 
 
 We secured weekly rates for over 4,000 persons classified ac- 
 cording to occupation. The following table shows the distribution 
 of these according to wage groups. (See Table XII, pp. 190-1.) 
 
 To summarize these figures, we may say that most markers 
 range from $16 to $25 and cutters from $11 to $18. The majority 
 of trimmers vary frc«n $8 to $14. Practically all of the persons 
 in these three occupations are males. Both boys and girls act as 
 helpers in the cutting department, the young men usually receiv- 
 ing from $5 to $9 per week, and the girls from $4.50 to $7. 
 
 Foremen and forewomen are perhaps the best paid as a class. 
 The men usually receive from $15 to $25 a week, and women in 
 this capacity get from $9 to $12. The great mass of operators 
 are women, of whom more than half receive between $5 and $9 a 
 week. Men ordinarily get from $8 to $15. For the rougher kind 
 of floor work, $4 to $7 is the usual range. 
 
 In the laundry, the majority of male helpers get from $7 to 
 $12 and women, from $5 to $8. Most of the ironers are on piece 
 rates, but those men who are paid by the week usually range 
 from $7 to $10 and women, from $6 to $8. 
 
 The majority of male examiners range from $7 to $15, while 
 most women get from $5 to $8 for similar work, and about the 
 same for packing. Folders are the lowest paid, the majority of 
 girls ranging from $3 to $6 a week, while the few young men 
 engaged, ordinarily run from $6 to $11. 
 
 To sum up the whole matter, over one-half of the male em- 
 ployees in shirt factories in this State where weekly rates are 
 quoted, are paid less than $12 a week, and one-half of all the 
 women and girls receive less than $6.50. 
 
 I 
 
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 190 
 
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192 
 
 Appendix IV— Wage Investigation 
 Actual Weekly Earnings 
 
 As we have seen, most of the semi-skilled operatives of both 
 sexes are on a piece rate basis. It is therefore impossible to esti- 
 mate their ordinary income without discovering the amounts in 
 their pay envelopes for a typical week. This we did by copying 
 from the books the sums credited to all employees in the ^New York 
 City factories for a week in December and January last, and for 
 the establishments up-state during a week in :May or June. Win- 
 ter is ordinarily a busy season in the Xew York City shops, while 
 in late spring, the majority of up-state factories usually begin to 
 slacken their work. It should be noted, however, that last year, 
 business was slow throughout the State, and several large manu- 
 facturers about Troy assured us that their season had been un- 
 usually dull. Three establishments in that vicinity were in 
 financial difficulties, and the factories were running on reduced 
 time. With this understanding of the general situation, we 
 present the following table showing for the main occupations 
 the number of persons of each sex who actually received given 
 amounts for a week's work. Although these amounts are prob- 
 ably not the maximum, neither are they minimum payments, and 
 so may be regarded as fair representative data. (See Table XIII, 
 pp. 194-5.) 
 
 At first glance this table appears very like the preceding one 
 on weekly rates. A brief examination shows, however, that 
 nearly three times as many persons are included, the earnings of 
 piece workers being here entered. The numbers earning both 
 high and low amounts are, therefore, much larger. But the 
 proportions of all those recorded in each table under given 
 amounts vary. For instance, the middle 50 per cent of male 
 operators are quoted at rates between $8 and $15, but most of 
 those for whom weekly earnings are given, range from $7 to 
 $14, or a dollar less. On the other hand, representative rates 
 for men ironers vary from $7 to $10 a week, but actual earnings 
 for that occupation center between $7 and $14 — a decided in- 
 crease. For women laundry helpers, starchers and folders, the 
 amounts received by the middle 50 per cent range from $2 to 
 $4 above the usual rates quoted. 
 
 The Shirt Industry 
 
 193 
 
 Such variations alter the percentage of all who receive more or 
 less than given amounts, as compared with those given for rates. 
 For example, only 20 per cent of male employees for whom 
 weekly rates are quoted were entered at less than $7 ; but more 
 than 24 per cent for whom earnings are given actually got less 
 during the week in question. Twenty-nine per cent might have 
 been expected to get $15 or more, but only 221^ per cent actually 
 received so much. In the case of women and girls, 8 per cent 
 were entered at rates under $4, but 14 per cent of all received 
 less for a week's work. On the other hand, according to the pre- 
 vious table, only 8 per cent of the women might have been ex- 
 pected to earn $10 or over; whereas 16 per cent actually received 
 these higher wages. This is of course due to the fact that most 
 skilled operatives are on a piece basis, and no time rates are 
 quoted. The following graph, for New York City factories only, 
 shows how the lines for earnings are above those for rates at both 
 ends of the curves for each sex. (See Plate A, p. 196.) 
 
 In a trade where piece rates prevail, actual earnings furnish 
 the only available standard for estimating the income of em- 
 ployees. According to the receipts for the weeks in question, 
 more than half of the male employees in shirt factories through- 
 out the State, get less than $11 for a week's work, and more than 
 half the women and girls fall below $7. iN'early two-thirds of 
 the female employees receive less than $8 and more than one- 
 fourth less than $5. We here present a graph (Plate B) which 
 shows at a glance the proportion of all men and women who re- 
 ceived wages classified by $5 groups. (See p. 197.) 
 
 Vol. II — 7 
 
194 
 
 
 Appendix IV — Wage Investigation 
 
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 The Shirt Industey 
 
 
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 Appendix IV — Wage Investigation 
 
 The following table shows typical outputs and earnings for 
 some more important sewing trades: 
 
 TABLE XIV 
 TrncAL WnxLT Output and Eahkinob for RanuH 
 
 BBNTATITK SSWINO OpKRATIONS Bt FSMAIiB Em- 
 
 pLOTsas IN Tbot Factorixs 
 
 Opbbations 
 
 Moti usual 
 ou^ut 
 
 Repreeenta* 
 tive earnings 
 
 ButtoDhoUng , ,,,...,.,.. 
 
 DoMm 
 100-200 
 
 60-100 
 150-200 
 
 60-100 
 
 60-100 
 150-200 
 150-200 
 100-160 
 
 90-150 
 
 $6-110 
 
 Bosom banding 
 
 7- 8 
 
 Sleeve facing 
 
 8- 11 
 
 Cuff attaching 
 
 fh 11 
 
 Neckband attaching 
 
 Joining front and back 
 
 Sleeving in 
 
 0- 11 
 6- 9 
 
 a- 11 
 
 Felling side seams 
 
 6- 10 
 
 Hemming skirt 
 
 &- 10 
 
 In certain of these lines we find outputs half the minimum 
 and twice the maximum, here quoted. The number of dozens 
 here given, however, and the wages to the workers in these 
 special lines show what is to be expected in a well organized 
 factory. 
 
 Judging from the returns of one representative plant, we 
 should say that the earnings of a female operator during a busy 
 season will average about 18 cents an hour. This makes it 
 possible for a steady operator working full time, to make as 
 much as $12 a week; but this amount is not regularly attained 
 by sewing women. They work less than the maximum hours 
 and earn ordinarily between $8 and $9 in the better factories. 
 One reason for loss is the impossibility of always getting work. 
 The amount to be done depends upon *the orders that have come 
 in, or the speed of operators who manipulate the goods before 
 they come to those who do the latter sewing operations. 
 
 In a few plants in Troy, we find that rent is charged for the 
 sewing machines, although they are practically all the property 
 of the employers. This is a relic of the time when the women 
 owned their foot-power machines and brought them to be located 
 in the factory. We also find in some cases that the thread used 
 is charged for. This it is said reduces waste and prevents 
 operators from carrying off odd spools. At the same time it 
 
 ) 
 
 ,1 
 
 The Shirt Industry 
 
 199 
 
 must be said that in most of the factories this usage no longer 
 prevails. The same thing holds with regard to needles. In 
 order to insure care in some places, needles are charged for. In 
 one place we find that a small sum is deducted from the wages 
 of operatives for the ice water which is furnished them in the 
 workroom. This is, of course, an exceptional case, but serves to 
 illustrate the fact that one cannot always gauge the earnings of 
 a worker even when knowing how many pieces were turned out 
 and at what rate these are paid. 
 
 Wage and Age 
 
 Earnings, of course, depend partly upon the maturity and ex- 
 perience of the worker. There is no regular apprenticeship in 
 the shirt trade, unless it be in cutting. There, a person must 
 work for several years until he is competent to lay out and cut a 
 pattern. The ordinary operatives are able to do the sewing and 
 laundry work after a short term of practice. 
 
 We have seen that most of the operatives, especially the 
 women, are young. The following table shows how rates and 
 earnings are correlated with age groups. This table shows the 
 main tendency only. For the complete distribution of each age 
 period, we refer the reader to Tables Xos. 91 and 9^ in the 
 statistical appendix. 
 
 TABLE XV 
 Median Rates and Earnings bt Aob and Sex 
 
 Aoa 
 
 Number 
 
 14-15 
 
 16-17 
 
 18-20 
 
 21-24 
 
 25-29 
 
 30-34 
 
 35-39 
 
 40-44 
 
 45-54 
 
 55-64 
 
 65 + ... 
 
 All ages 
 
 28 
 180 
 412 
 468 
 512 
 371 
 349 
 228 
 219 
 
 48 
 8 
 
 Cumu- 
 lative 
 percent 
 
 2.823 
 
 1. 
 7.4 
 22. 
 38.5 
 56.7 
 60.8 
 82.2 
 90.3 
 98.1 
 99.8 
 100. 
 
 Median 
 rate 
 
 $4 58 
 5 80 
 8 07 
 
 12 10 
 
 14 19 
 
 15 82 
 15 95 
 15 00 
 
 13 80 
 12 00 
 10 00 
 
 Median 
 earnings 
 
 female 
 
 Number 
 
 U 67 
 
 5 79 
 
 8 08 
 10 62 
 12 08 
 12 51 
 12 95 
 12 39 
 10 64 
 
 9 50 
 
 6 50 
 
 Cumu- 
 lative 
 per cent 
 
 174 
 
 1,447 
 
 2.654 
 
 1.729 
 
 1,007 
 
 593 
 
 546 
 
 312 
 
 323 
 
 82 
 
 17 
 
 100. 
 
 $11 10 I $10 54 I 8.984 
 
 1.9 
 18.4 
 47.8 
 66.6 
 77.8 
 84.4 
 90.8 
 94.3 
 97.9 
 98.8 
 100. 
 
 Median 
 rate 
 
 $3l97 
 
 5 36 
 
 6 73 
 
 7 78 
 
 7 58 
 9 00 
 
 8 17 
 7 37 
 7 36 
 6 44 
 
 9 50 
 
 Median 
 earnings 
 
 100. 
 
 $3 24 
 
 5 21 
 
 6 58 
 
 7 37 
 
 7 95 
 
 8 25 
 8 19 
 7 35 
 6 90 
 5 41 
 4 62 
 
 $6 48 
 
 $6 72 
 
200 
 
 Appendix IV — Wage Investigation 
 
 It is clear from the table and from the accompanying chart 
 (Plate C) which shows the same facts graphically, that one-half 
 the men never rise to a $16 rate and that their actual earnings in 
 the prime of life do not touch $13. For women, of course, the 
 amounts are less. The highest regular rate achieved by half the 
 women between 30 and 35 years of age is $9, while the highest 
 earning for the majority is $8.25. In general, the earnings are 
 lower than the rates, although the largo number of skilled 
 operatives for whom no rates are quoted, bring the general level 
 up somewhat But, as we have already seen, neither rates nor 
 earnings touch $7, so far as the majority of all female em- 
 ployees are concerned. 
 
 The extreme cases are, of course, not shown in this general 
 table. We find on referring to the detailed table, that 248 adult 
 men, that is, 11 per cent of all the males 21 years and over, re- 
 ceived less than $6 for the week when their shop was investi- 
 gated, and 2,394 women over 18 years of age, that is, nearly one- 
 third of all the females 18 years and over, received less than $6. 
 Whatever the conditions of the trade may be, it is obvious that a 
 very large proportion of the workers do, at one time or another, 
 receive less than is usually considered sufficient to maintain per- 
 sons independently. 
 
 The Shirt Industry 
 
 201 
 
 ' 
 
) t 
 
 : I 
 
 li 
 
 l''t 
 
 202 
 
 Appendix IV — Wage Investigatio!^ 
 
 EXPEEIENCE 
 
 The following table shows for each sex by age periods the 
 mean number of years worked for wages, as well as length of 
 time in the shirt business and with the firm where recorded. 
 The figures give us a picture of the representative male employee 
 as a man of 28 years, who has been a wage earner 10^^ years, 
 of which time over half (5 years, 8 months) has been spent in 
 the shirt trade, but only a trifle over 2 years with the last firm. 
 The typical woman is just past 21, having worked nearly 4^^ 
 years, of which time half has been in the shirt trade, but less 
 than two with the firm. The table shows interesting variations, 
 especially in the higher age groups, where some have stayed on 
 for years but others have drifted into the business late in life. 
 The latter tendency is especially true of immigrants. Twenty 
 years seems to be the ordinary limit of time in the trade, and 
 eleven years the longest term with the firm. We have one case 
 of a woman who has been in one establishment over 45 years. 
 
 The Shirt Industry 
 
 203 
 
 
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204 
 
 Appendix IV — Wage Investigation 
 
 The Shirt Industry 
 
 205 
 
 It is interesting to note from the personal interviews held with 
 employees that out of 311 women and girls who answered regard- 
 ing length of service, 180 (58 per cent) had worked in the shirt 
 trade only; 94 (30 per cent) had tried their hands at two; while 
 5 within a few years had drifted into four or five lines. 
 
 The following tables show the relation between experience and 
 earning. From Table XVII, it appears that over one-eighth of 
 the males had been in the shirt trade for less than a year; that 
 one-half had been engaged in such work less than six years; and 
 that less than one-sixth had been in this business over fifteen 
 years. With regard to females, over 2,000 had been in the trade 
 for less than a year; over one-half, less than three years, and 
 only 7 per cent had been in the trade fifteen years or more. 
 
 TABLE XVII 
 Wbeklt Earninob and Tradc Etpbki«hc» 
 
 Years in Trade 
 
 UASM 
 
 rWMKlM 
 
 Number 
 
 Cumu- 
 lative 
 percent 
 
 Median 
 earnings 
 
 Number 
 
 Cumu- 
 lative 
 per cent 
 
 Median 
 earning* 
 
 l^fi^i th«n 1 
 
 383 
 259 
 233 
 184 
 203 
 208 
 117 
 146 
 143 
 103 
 370 
 221 
 156 
 48 
 17 
 17 
 
 13.7 
 22.9 
 31.2 
 37.7 
 45. 
 52.4 
 56.6 
 61.8 
 66.9 
 70.6 
 83.8 
 91.7 
 97.2 
 98.9 
 99.5 
 100. 
 
 16 04 
 8 10 
 8 76 
 
 10 45 
 
 11 02 
 10 52 
 
 12 34 
 12 71 
 
 12 72 
 
 13 28 
 
 13 12 
 
 14 79 
 
 13 73 
 
 14 00 
 
 15 83 
 18 50 
 
 2.032 
 
 1.370 
 
 1.166 
 
 787 
 
 780 
 
 4»4 
 
 386 
 
 286 
 
 273 
 
 136 
 
 619 
 
 318 
 
 194 
 
 92 
 
 43 
 
 20 
 
 1 
 
 22.8 
 38.3 
 51.5 
 60.4 
 66.6 
 74.2 
 78. 
 81.2 
 84.3 
 85.8 
 92 8 
 96.4 
 98.6 
 99.3 
 99.8 
 99.9 
 100. 
 
 $4 91 
 
 1 
 
 6 95 
 
 2 
 
 6 64 
 
 3 
 
 7 32 
 
 4 
 
 7 56 
 
 6 
 
 8 13 
 
 e 
 
 8 18 
 
 7 
 
 8 17 
 
 8 
 
 8 57 
 
 9 
 
 8 84 
 
 10-14 
 
 8 57 
 
 15-19 
 
 8 81 
 
 20-24 
 
 8 82 
 
 26-29 
 
 7 62 
 
 30-34 
 
 6 87 
 
 35-44 
 
 8 50 
 
 45 + 
 
 13 50 
 
 Total. 
 
 2,808 
 
 100. 
 
 $10 53 
 
 8.887 
 
 100. 
 
 •6 63 
 
 The term of employment with firm is naturally briefer than 
 that in the trade, as shown by Table XVIII. Approximately one- 
 third of all employees had been in the establishment where they 
 were registered for less than a year, and one-half for less than 
 two years, while less than 10 per cent had been employed for ten 
 vears. 
 
 H 
 
 TABLE XVIII 
 Wekklt Earnimos and Term of Employment 
 
 Ybaiw With Firm 
 
 iMitiiaa 1 
 
 920 
 
 455 
 
 292 
 
 220 
 
 185 
 
 176 
 
 102 
 
 99 
 
 77 
 
 44 
 
 158 
 
 56 
 
 18 
 
 10 
 
 2 
 
 » 
 
 1 
 
 2 
 
 3 
 
 4 
 
 S 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10-14 
 
 15-19 
 
 20-24 
 
 25-29 
 
 30-34 
 
 35-44 
 
 45+ 
 
 
 
 Total 
 
 2.816 
 
 MALE 
 
 Number 
 
 Cumu- 
 lative 
 per cent 
 
 32.2 
 48.9 
 59.3 
 67.1 
 73.7 
 80. 
 83.6 
 87.1 
 89.9 
 91.5 
 97.1 
 99.1 
 99.7 
 99.9 
 99.9 
 100. 
 
 100. 
 
 Median 
 earnings 
 
 $7 97 
 9 65 
 10 88 
 12 24 
 12 42 
 
 12 56 
 
 13 89 
 
 12 12 
 
 13 50 
 13 80 
 13 45 
 
 15 33 
 12 67 
 
 16 00 
 19 00 
 15 00 
 
 810 53 
 
 FEMALE 
 
 Number 
 
 3.126 
 
 1.571 
 
 990 
 
 705 
 
 620 
 
 429 
 
 253 
 
 268 
 
 192 
 
 99 
 
 392 
 
 175 
 
 103 
 
 46 
 
 14 
 
 6 
 
 1 
 
 8.990 
 
 Cumu- 
 lative 
 per cent 
 
 34.7 
 52.1 
 63.2 
 71. 
 77.9 
 82.7 
 85.5 
 88.5 
 90.6 
 91.7 
 96.1 
 98. 
 99.1 
 99.6 
 99.8 
 99.9 
 100. 
 
 Median 
 earnings 
 
 $5 38 
 6 32 
 6 92 
 
 7 
 
 7 
 8 
 
 7 
 
 71 
 85 
 19 
 80 
 
 8 31 
 
 9 00 
 8 68 
 8 71 
 8 31 
 
 8 12 
 7 75 
 
 9 00 
 9 50 
 
 13 50 
 
 100. 
 
 86 69 
 
 The length of experience counts in earnings, as the columns 
 in the preceding table show. In this respect, training in the 
 trade is more valuable than mere maturity of age, as is seen by 
 comparing the preceding table with Table XV. Sticking with 
 the firm pays better than drifting from one factory to another, 
 especially for older hands. At the same time it must be remem- 
 bered that those who stay or are retained are naturally the better 
 operatives, and so we should expect them to be able to earn more. 
 This experience seems to be worth less than $1 a year advance- 
 ment for the first ten years, and then proceeds even more slowly. 
 Over half the men in the trade fail to rise to $15 a week and 
 only those who stay with the same firm for fifteen years attain 
 this level. Women rise less rapidly than the men. The 
 majority of female employees get $8 or over after five years of 
 work, but after ten or fifteen years in the business, they begin to 
 decline and drop to $7 or less, except the few old retainers who 
 have risen to better paying positions. (See Plate D.) 
 
206 
 
 Appendix IV — Wage Investigation 
 
 The Shirt Industry 
 
 207 
 
 hi 
 I' 
 
 i; 
 
 i 
 
 Out of 86 female workers up-state, 31 had been with one firm 
 only, 43 had been with two, and the other 12 had worked with 
 three or four. 
 
 As to various lines in the trade, we have returns for 310 
 women and girls both up-state and in New York City. One 
 hundred and ninety-five (63 per cent) had done only one kind 
 of work; 83 (27 per cent) had been engaged in two kinds; and 
 the rest had tried their hand at several. Fourteen women said 
 they had done about all the sewing operations. These figures 
 serve to give some idea of the degree of specialization in the 
 trade. 
 
 It may strike the careful reader that the conclusions drawn 
 above are vitiated by the fact that all sorts of workers are in- 
 cluded. We have, therefore, made a study of 1,000 female 
 operators, selected according to the relative weight of their age 
 groups in the different localities, and also 229 male cutters, prac- 
 tically all in this occupation found in the State. 
 
 table XIX 
 ExpERncNcs AKo Earninqb in Specitied Occupations 
 
 Years in Trade 
 
 Less than 1 
 
 1 
 
 2 
 
 S 
 
 4 
 
 6 
 
 e 
 
 7 
 
 8 
 
 » 
 
 10-14 
 
 16-19 
 
 ao-24 
 
 25-29 
 
 30-34 
 
 36-44 
 
 45 + 
 
 Total. 
 
 1,000 
 
 PBMALE OPERATORS 
 
 Number 
 
 186 
 
 164 
 
 143 
 
 89 
 
 84 
 
 64 
 
 40 
 
 42 
 
 24 
 
 12 
 
 76 
 
 31 
 
 25 
 
 10 
 
 6 
 
 4 
 
 1 
 
 Median 
 earnings 
 
 S5 10 
 
 5 96 
 7 28 
 
 7 41 
 
 8 15 
 8 50 
 7 83 
 7 30 
 7 20 
 
 7 75 
 
 8 00 
 8 25 
 5 87 
 
 5 75 
 8 50 
 
 6 75 
 13 50 
 
 229 
 
 MALE CUTTERS 
 
 Number 
 
 1.000 
 
 $6 76 
 
 7 
 18 
 
 7 
 12 
 18 
 
 8 
 14 
 25 
 
 6 
 60 
 25 
 12 
 
 9 
 
 4 
 
 4 
 
 Median 
 earnines 
 
 98 75 
 
 9 00 
 9 75 
 11 67 
 10 50 
 15 50 
 13 50 
 
 13 62 
 15 67 
 15 50 
 
 18 30 
 
 15 50 
 
 16 50 
 
 14 00 
 
 19 00 
 
 229 
 
 $14 29 
 
 Table XIX shows that the earnings of sewing women increase 
 for the first six years and then drop off. Medians for five year 
 periods, however, show some advancement up to twenty years, 
 but a moving average or a smooth curve shows a gradual decline 
 
208 
 
 A^^E^Dlx IV — Wage Investioation 
 
 in the later years. Those cases of thirty years of experience or 
 more are too few to have much statistical weight. Of the 
 twelve women who earned $15 or over, none had worked at the 
 trade for as long as fifteen years, and one of them had been at 
 the work for less than a year. Two who earned $18 had worked 
 two and six years respectively. 
 
 The character of these returns leads us to believe that the 
 majority of female operatives attain their maximum earning 
 capacity within comparatively few years. Youth and dexterity 
 are assets. Only the more able or necessitous stay on. These 
 pull up earnings for later years, but there is a steady decline 
 after the first ten vears of work. 
 
 The returns for the cutters show that earnings increase steadily 
 up to $15 and $18 after 10 or 20 years' experience. Then they 
 fall off rapidly. Again the few cases of men at work over 35 
 years are not nimierous enough to establish any well marked 
 tendency. We found a dozen men of ten years' experience or 
 more, earning weekly wages of less than $10, doubtless because 
 of the state of the trade. But such vicissitudes must be 
 reckoned Avith in estimating the average returns of workers. 
 
 Days Worked 
 
 The time worked establishes the pay for both piece and week 
 workers. It is, therefore, essential to know the number of days 
 during which employees were engaged. Table XX shows the 
 facts for 6,900 persons throughout the State. 
 
 TABLE XX 
 Datb Worked in One Week 
 
 
 Persons 
 
 Days Per Week 
 
 
 Days 
 
 —1 
 
 1 
 
 2 
 
 3 
 
 4 
 
 ft 
 
 6 
 
 7 
 
 Average 
 
 Male 
 
 Female 
 
 1,802 
 5.136 
 
 10,173 
 28,663 
 
 1 
 1 
 
 8 
 16 
 
 19 
 60 
 
 50 
 137 
 
 81 
 266 
 
 217 
 887 
 
 1.415 
 3.767 
 
 11 
 2 
 
 5.6 
 5.6 
 
 Total . . 
 
 6.938 
 
 38.836 
 
 2 
 
 24 
 
 79 1 187 1 347 
 
 1.104 
 
 5.182 
 
 13 
 
 5.6 
 
 This table shows that 75 per cent of the employees worked 
 six days. The rest lost a day or more and a few worked on 
 Sunday too. The latter were all in New York City. Up-state 
 
 ! 
 
 
 The Shirt Industby 
 
 209 
 
 the loss of time was greater, the average number of days worked 
 there being about five a week. More women lost some time than 
 men, but their absence was for shorter periods. 
 
 Hours 
 
 There is not much point in recording the number of hours 
 usually worked by given plants, if they were not running accord- 
 ing to schedule at the time for which the earnings of operatives 
 are given. We have said that although the time selected for 
 investigation is ordinarily the busy season, many establishments 
 up-state were not working full time because of the peculiar 
 national and international conditions then existing. Neverthe- 
 less it may be said that a 54 hour week, with a 9 or 10 hour dav, 
 60 minutes for lunch and Saturday afternoons off in summer, is 
 the usual practice. 
 
 The number of hours worked by operatives whose wages for 
 the period are given is a more important matter. Naturally, 
 since earnings depend upon time worked, we must know how 
 long these people labored to make the sums recorded. The fol- 
 lowing table shows for over 5,000 persons, the hours worked in 
 one week. 
 
 TABLE XXI 
 Hours Worked in One Week 
 
 
 AOB QROUPS 
 
 TOTAL 
 
 PERCENT 
 
 
 14-15 
 
 16-17 
 
 18 and over 
 
 
 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fe- 
 male 
 
 Male 
 
 Fo- 
 
 mald 
 
 Totals 
 
 22 
 
 128 
 
 122 
 
 683 
 
 1.295 
 
 2.637 
 
 1,439 
 
 3.748 
 
 100. 
 
 100. 
 
 
 Hour$ 
 48 and leas 
 
 16 
 3 
 3 
 
 105 
 23 
 
 • • • • 
 
 27 
 
 63 
 
 25 
 
 6 
 
 1 
 
 194 
 421 
 
 68 
 
 334 
 
 400 
 
 521 
 
 22 
 
 13 
 
 5 
 
 937 
 
 1,750 
 
 249 
 
 1 
 
 • • • • 
 
 377 
 466 
 .'S49? 
 
 28^ 
 
 H; 
 
 5 
 
 X 
 
 1.236 
 
 2.194 
 
 317 
 
 1 
 
 26.2 
 
 32.4 
 
 38.1 
 
 1.9 
 
 1.0 
 
 .4 
 
 33. 
 
 £8.8 
 8.4 
 
 Orcr 48. including 54 . 
 Over 54. including 60. 
 Over 60. including 66. 
 Over 66. including 72. 
 Over 72 
 
 
 
 
 
 
 > ■ . . 
 
 .... 
 
 
 By no means all factories record working hours. Many do 
 not do so for employees on piece rates. In the better organized 
 plants we found records for both. The data given above are from 
 
m 
 
 1 
 
 1^^: 
 
 210 
 
 Appendix IV — Wage Investigation 
 
 the books of the companies. It may be added that where such 
 records are found, the management is apt to be businesslike in 
 other respects. 
 
 From these entries it appears that most women worked 54 
 hours or less, and most men 54 hours and over. It is clear that 
 the 48 hour law for children was violated in 29 cases during a 
 week; the 54 hour law for women in 318 cases, and the same 
 regulation for males under 18 years in 32 instances. It is only 
 fair to state that most of these infractions were in New York 
 City during a busy period. 
 
 Putting together the legal violations of women and children 
 and hours beyond the usual working time for men in the estab- 
 lishments investigated, we have the following exhibit of over- 
 time: 
 
 TABIJE XXII 
 Persons Working OvERTtME in One Week 
 
 TVmnnvR 
 
 HOURS OVER 
 
 
 —1 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7-9 
 
 10-12 
 
 13-15 
 
 1*-18 
 
 19 + 
 
 Total 
 
 Male 
 
 Female 
 
 1 
 
 211 
 
 6 
 32 
 
 4 
 
 55 
 
 7 
 16 
 
 27 
 5 
 
 3 
 4 
 
 9 
 13 
 
 11 
 
 1 
 
 9 
 
 5 
 
 4 
 
 1 
 
 87 
 337 
 
 Total 
 
 212 
 
 38 
 
 59 
 
 23 
 
 32 
 
 7 
 
 22 
 
 12 
 
 9 
 
 5 
 
 4 
 
 1 
 
 424 
 
 These instances are taken from the records of 43 firms 
 throughout the State. The total number of persons employed 
 by them was 4,017. In other words, incidentally to our ex- 
 amination of wage data, we noted 379 violations of the labor 
 law and 45 cases of unusually long hours. Over 10 per cent of 
 the persons in the plants in question worked overtime periods, 
 averaging only a little over an hour a week in the case of women 
 and girls; but over an hour a day in the case of men. 
 
 The Shirt Industry 
 
 Fluctuation of Employment. 
 
 211 
 
 i 
 
 The chart presents a comparison of the data obtained for 33 
 firms located in New York City and 24 firms up-state. Both 
 sets of curves show clearly the relative steadiness of the numbers 
 employed, which is a reflection of the fact that employment in 
 this industry is predominantly at piece rates. It would appear 
 
H 
 
 b 
 
 y 
 
 f 
 
 
 
 l^i J 
 
 212 
 
 Appendix IV — Wage Investigation 
 
 that, regardless of fluctuation in earnings, the workers do not 
 largely seek, nor readily obtain, alternative employment during 
 the duller periods. 
 
 In New York City, the factories represented make a great 
 variety of products, ranging from the cheapest work shirts to 
 elaborate negligees, but the output is overwhelmingly of the low- 
 priced grades, for the jobbing trade. Production in these lines 
 has little to do with changes of style or with seasonal demand, 
 and orders are taken far in advance of delivery. The curves 
 show what there is of a busy season is distributed over a large 
 portion of the year. During practically half the time (28 
 weeks) earnings are above the average for the year, though only 
 moderately, with no sharp fluctuations. The number of em- 
 ployees, compared with the annual average, is increased by 8 
 per cent at the period of greatest employment, and decreased 
 8.5 per cent at the time of minimum employment. Earnings, 
 likewise, show an increase of 9 per cent, and a decrease of 11 
 per cent. 
 
 The very different character of the up-state section of the in- 
 dustry is clearly shown in the chart, despite the fact that the 
 curves are a composite of data for factories of different localities 
 and products. The variations are not only greater, but they are 
 also more frequent and spread throughout the year, owing to 
 the fact that piece rates are much more prevalent up-state than 
 in New York City. The summer months are distinctly the dull 
 period. The fact that much of the product goes direct from 
 manufacturer to retailer results in concentrated operation; but 
 the periods are not always the same for different factories. The 
 earnings are above the annual average during a period of 33 
 weeks, and for most of this time the increase is very marked. 
 Compared with the average for the year, the number of em- 
 ployees at the height of employment is increased by 6 per cent; 
 and at the lowest point is decreased by 27.3 per cent. The 
 corresponding figures for the variations in earnings are an in- 
 crease of 12 per cent and decrease of 32.6 per cent. It should 
 be noted, however, that the large decreases are for short periods 
 only. The greatest decrease occurs during July and August, 
 when some factories close almost altogether for a period of about 
 
 The Shirt Industry 
 
 213 
 
 two weeks. The minor sharp but brief decreases are accounted 
 for, as usual, by the occurrence of holidays. 
 
 The adjoining table presents briefly the salient facts indicated 
 by the chart 
 
 table XXIII 
 Employment and Waobs 
 
 Average number of employees , 
 
 Maximum number of employees 
 
 Minimum number of employees 
 
 Increase of maximum over average 
 
 Increase of maximum over minimum 
 
 Decrease of minimum below average 
 
 Average amoimt of weekly wage payments . . 
 Ma x i m u m amount of weekly wage payments 
 Minimum amount of weekly wage payments. 
 
 Increase of maximum over average 
 
 Increase of maximum over minimum 
 
 Decrease of minimum below average 
 
 3.873 
 
 4.184 
 3.549 
 8. 
 18. 
 
 % 
 % 
 
 8.5% 
 
 S30.551 
 33.433 
 27.151 
 9. 
 23. 
 11. 
 
 % 
 % 
 % 
 
 5,643 
 5.966 
 4,108 
 6. 
 31. 
 
 % 
 % 
 
 27.3% 
 
 $45,043 
 50.395 
 30,328 
 12. 
 66. 
 
 % 
 % 
 
 32.6% 
 
 These seasonal or occasional fluctuations in business not only 
 cause variations in the total payroll, but also affect the earnings 
 of individuals retained. One method of avoiding a complete 
 shut-down is to work short hours every day or only on certain 
 days of the week. This, of course, reduces the pay of both time 
 and piece workers. The latter are frequently given a small 
 number of sections sufficient to keep them going part of a day. 
 In this way, receipts fall below the usual level. On the other 
 hand, in a busy season or in view of a rush order, all hands may 
 be speeded up and some work overtime, as we have seen. 
 
 For 197 female employees interviewed in New York City 
 factories, $6.07 was found to be the average wage under normal 
 conditions of the trade. In rush seasons this rises to $7.39, and 
 falls to $5.13 in dull periods, that is, a variation from 10 per 
 cent above normal to 22 per cent below. An oscillation amount- 
 ing to nearly one-third of the ordinary income must cause grave 
 uncertainty among persons who expect to live on less than $7 a 
 week. 
 
 Up-state our agents questioned 85 women and girls upon this 
 matter. In this number they found fourteen who reported no 
 marked variation in wages from season to season. Of these, 3 
 
f 
 
 I I 
 
 I: f 
 
 I'' I 
 
 214 
 
 Appendix IV — Wage Investigation 
 
 were receiving less than $5 a week at the time of the investiga- 
 tion, and the otlier 11 from $6 to $12. The median wage for 
 the remaining 71 according to our records was $6.87. Accord- 
 ing to their own statements, their median wage at other seasons 
 fell to $6.03. In individual cases the fluctuations are very 
 wide — in one instance from $3 last spring to $10 in other sea- 
 sons. In another case it was from $12 down to $5. But the 
 net result of these variations was to reduce the mean weekly 
 earnings 12 per cent below the level reported when the investi- 
 gation was under way. 
 
 Shift 
 
 Of course this variation in the total number of persons em- 
 ployed results in the displacement of many workers. But be- 
 yond this rise and fall due to trade conditions, we find that many 
 individuals change their positions. In one factory whose pay- 
 rolls were checked for a year, we found that out of a total of 415 
 persons who had been employed during twelve months, 69 (17 
 per cent) stayed from one to four weeks; 101 (24 per cent) 
 from ^ve to sixteen weeks; and only 122 (29 per cent) forty- 
 nine weeks or over. In the case of 93 persons their period of 
 employment had been divided between two branches of the busi- 
 ness. This internal shifting without doubt enabled some to re- 
 main longer than would have been the case had they been en- 
 gaged in the manufacture of only one product, because slack 
 work in one department could be partly offset by turning a part 
 of the force into the other shop. 
 
 Naturally, such moving about causes loss of time between jobs. 
 Of 94 women workers up-state who made definite statements re- 
 garding this matter, only 10 reported no time lost during the 
 preceding year. Forty-five lost from one day to two weeks from 
 slack work or closing of the factory, averaging 11 days apiece. 
 Forty-one lost from a day to two months from illness, sick- 
 n^s in the family or other personal causes — an average of 18 
 days each. Some had experienced losses from both industrial 
 and personal reasons. Of 7 who specified loss from all causes, 
 the average time away from work during the year amounted to 
 22 days for each one. This does not include holidays nor vaca- 
 tions. Six holidays during the year were paid for in 41 cases 
 
 The Shirt Industry 
 
 215 
 
 and unpaid in 16 instances. Vacations of one or two weeks 
 were reported with pay in four cases; without in sixteen. Most 
 factory workers are not given regular vacations, unless periods of 
 enforced absence from work be considered in this way. Of 
 course piece workers lose when they do not produce. 
 
 We have the testimony of 177 female employees in New York 
 City, concerning their vicissitudes during the year 1913. Some 
 of them had not been in the shirt trade for the entire twelve 
 months preceding, but their experience is pertinent to the in- 
 quiry regarding general conditions, which such persons must 
 meet. We may briefly summarize our findings in a few remarks. 
 
 Eighteen persons had been out of a job entirely from one week 
 to six months. Seventy had lost from one week to four months 
 because of slack work. For 102 women who reported loss from 
 industrial reasons, the average time out was over 34 days apiece. 
 Fifty-two lost from a few days to three months because of per- 
 sonal illness, averaging 15 days each, and 111 were out because 
 of sickness or other trouble in the family. In short, 152 women 
 (86 per cent of all) reported the loss of 5,502 days during the 
 past year, or more than a month each. 
 
 Annual Earnings 
 
 Having presented this summary account of general conditions 
 in the trade and of the experience of typical workers, we may 
 now attack the difficult problem of estimating the annual earn- 
 ings of a shirt maker. We could be sure of this only by follow- 
 ing a large number of workers through the trade for a year. 
 This is a difficult matter, not only because the workers shift, 
 but because in many factories the records are incomplete. :N^ever- 
 theless we have succeeded in recording the earnings of 1,647 em- 
 ployees on the payrolls of up-state factories, back for as many 
 weeks as they were entered within the preceding year. I^eed- 
 less to say, factories where such records are available are usually 
 the best managed, and the persons remaining on their rolls are in 
 general the most competent workers. 
 
 The following table shows the average wage of employees by 
 sex, according to the number of weeks worked in the factories 
 previous to the investigation: 
 
u 
 
 I 
 
 l)i 
 
 i 
 
 
 i 
 
 : 
 
 
 21G 
 
 Appendix IV — Wage Investigation 
 
 TABLE XXIV 
 Average Weekly Wage by Time Worked 
 
 Up-state Shirt Factories 
 
 
 
 MAUB 
 
 
 
 rBMALB 
 
 
 Wesxs Worked 
 
 Number 
 
 Per cent 
 
 Average 
 wage 
 
 Number 
 
 Per cent 
 
 Average 
 wa«6 
 
 1- 4 
 
 15 
 
 11 
 
 4 
 
 3 
 
 5 
 
 10 
 
 6 
 
 8 
 
 14 
 
 13 
 
 13 
 
 27 
 
 158 
 
 5.2 
 3.8 
 1.4 
 1 
 
 1.7 
 3.5 
 2.2 
 2.8 
 4.9 
 4.5 
 4.5 
 9.4 
 55.1 
 
 $11 37 
 
 7 25 
 15 50 
 
 9 50 
 
 8 50 
 10 67 
 12 50 
 
 9 50 
 10 50 
 
 9 75 
 10 50 
 12 75 
 14 08 
 
 49 
 53 
 SS 
 51 
 42 
 61 
 72 
 
 a9 
 
 37 
 
 50 
 
 77 
 
 167 
 
 630 
 
 3.6 
 3.9 
 2.4 
 3.7 
 3.1 
 8.7 
 5.3 
 2.9 
 2.7 
 3.7 
 5.7 
 
 12.3 
 
 47. 
 
 $5 56 
 
 5- 8 
 
 6 69 
 
 g-12 
 
 6 29 
 
 13-16 
 
 6 87 
 
 17-20 
 
 6 60 
 
 21-24 
 
 6 42 
 
 25-28 
 
 10 50 
 
 29-32 
 
 76 
 
 33-36 
 
 6 42 
 
 37-40 
 
 6 SO 
 
 41Ht4 
 
 6 47 
 
 45-^S 
 
 7 42 
 
 49-52 
 
 7 84 
 
 
 
 Total 
 
 287 
 
 100 
 
 $12 70 
 
 1,360 
 
 1 100 
 
 $7 46 
 
 From this table there appears to he some correlation between 
 weeks worked and average earnings. The relation is uncertain 
 from these figures, however, because all occupations are massed. 
 It is partly due to the fact that the kinds of workers taken on 
 varv somewhat with the season. Table 191 in the statistical ap- 
 pendix shows the distribution according to the work done. Here 
 we may simply point out that tlie persons in question averaged 
 higher than the trade as a whole, as might have been expected. . 
 
 Taking the earnings for those who had worked 43 weeks or 
 over within the preceding twelve months we have the following 
 exhibit: 
 
 TABLE XXV 
 ANNirAt Earnings — Up-state Shirt Pactortes 
 
 
 MALE 1 
 
 FBMAUC 
 
 Amounts 
 
 Number 
 
 Cumu- 
 lative 
 per cent 
 
 Number 
 
 Cumu- 
 lative 
 per cent 
 
 Ix?8.s than $200 
 
 3 
 6 
 S 
 5 
 
 2 
 
 12 
 4 
 13 
 11 
 19 
 26 
 24 
 15 
 26 
 13 
 13 
 
 1.2 
 42 
 6.2 
 7.8 
 8.8 
 15. 
 17. 
 24. 
 29.5 
 39.5 
 52.4 
 64.8 
 72.5 
 86. 
 92.7 
 100. 
 
 37 
 
 48 
 
 97 
 
 129 
 
 142 
 
 130 
 
 81 
 
 62 
 
 63 
 
 28 
 
 12 
 
 11 
 
 3 
 
 2 
 
 2 
 
 1 
 
 4.4 
 
 $200-$249 
 
 10.2 
 
 250- 299 
 
 21.7 
 
 300- 349 
 
 37.2 
 
 350- 399 
 
 64. 
 
 400- 449 
 
 60.5 
 
 450- 499 
 
 79.2 
 
 500- 549 
 
 86.6 
 
 550- 599 
 
 92.8 
 
 600- 649 
 
 96.5 
 
 650- 699 
 
 97.6 
 
 700- 749 
 
 99. 
 
 750- 799 
 
 99.4 
 
 800- 899 
 
 99.7 
 
 900- 999 
 
 99.9 
 
 1,000 + 
 
 100. 
 
 The Shirt Industby 
 
 217 
 
 Again we refer the reader to Table 192 in the appendix for 
 the distribution according to occupations. It is sufficient here 
 to emphasize the fact that over half of the best paid steady male 
 workers in these factories earned less than $700 in ten months or 
 over, and that over half the women and girls failed to get as 
 much as $400. One hundred and eighty-two female employees 
 could not make $300 within this period. If we calculate the 
 earnings of the women and girls on the basis of their average 
 weekly earnings, over half of them would fall below $400 for 52 
 weeks' work. But nearly 40 per cent of these female employees 
 had worked in their present positions less than ten months pre- 
 vious to the time they were enumerated. These facts give us 
 some idea of the effects of fluctuating wages on annual income. 
 
 Home Work 
 
 Our agents found homeworkers listed on the payrolls of several 
 factories. Sixteen of these in the Troy section were visited by 
 Miss Alice S. Cheyney, from whose report the following para- 
 graphs are quoted: 
 
 " The home work done on shirts is now practically confined to 
 what is known as ' turning ' of neck bands, cuffs, and the now 
 only occasionally made wrist bands. This so-called 'turning' 
 really involves two processes. The band, or cuff, is usually of 
 three layers, the outside, the facing and the stiffening. These are 
 cut in the factory and stitched together around three sides. In 
 the case of the neck band, the piece w^hich is to form the fly pro- 
 tecting the collar button is stitched with them. They must then 
 be turned, with the raw edge inside, creased with the fingers when 
 turned and then pressed with a hot iron before they are in shape 
 to receive the final or 'top-stitching' which is visible on a 
 finished band or cuff. 
 
 The old fashioned, round cornered cuffs, could be turned 
 over a blade of steel, with a rounded end. This was very easy. 
 The square cornered cuffs, now almost exclusively made, and the 
 neckband, must, after the turning proper, be picked square at the 
 comers with an awl. They are then quickly run through the 
 fingers for creasing and laid aside to press. The rather coarse 
 goods can be pressed almost without looking. Pique must follow 
 
 I. 
 
 <! 
 
|! I 
 
 218 
 
 Appendix IV— Wage Investioat 
 
 ION 
 
 <li'i 
 
 • I 
 
 i 'v 
 
 ll'i" 
 
 'i I 
 
 I < 
 v 
 
 11^ 
 
 tl7 Jr '^ """^ ^^ ^^^"^ «*>'**«! and 80 requires 
 
 great cam S.Ik .s even more difficult as it creeps under thl i.^ 
 and stretches readily. Many people refu^ ^Se it, especiaUy 
 
 WnnT ^ ^ ..'' "''" " '"^*'* •^'^^'^"•^ i" *« difficult in 
 
 tu7n^ f "*": according to whether the facing or outside is t^ be 
 turned away from the other two parts. In the one case a fold at 
 the imstitched edge must be kept intact; in the other, not 
 
 The pay varies with the difficulty of the work, but as the 
 
 v^rTjT'^KT' "^T ""'^ '"''^ *^'"' *« «-PJ«. opinions 
 vy as to which pays best in the end and there is pr;bably no 
 
 d.ffer^ce except such as arises from the particular aptitudes of 
 mdmduals. One firm returns imperfect work to be corrj^^^ed 
 ^3r"lt ^ be among the homeworkers, general ignorance in 
 
 t? r f. 1 '^'"" **^ "''" *^^ ^"'^ They work upon a cer- 
 tain sort of band or cuff, acquire some facility in handlbg it Td 
 concern themselves with no other. A few of'the more ente^ri' 
 mg, of course, make a point of doing all sorts and grades of Tork 
 and by so doing are more continuously busy 
 
 " ^''%"«^f^ P"«« fo' collar bands is 21/4 cents a dozen, or as 
 
 iZrt V- """'" ^'' *' ^"""'^ ^^ 2 dozen. An esp;cially 
 simple sort brings 4 cents a bunch, and dress shirt bands^hich 
 a. real y a pair of bands (to allow for openings back and fl J 
 bnng 31/8 cents per bunch. One woman reports working for a 
 
 ep :rr"' '"^ ^^^^ - ^'^^" ^-^- «"^ ^-^' ^^^^^ 
 
 " The simplest cuffs are 5 cents a bunch. If the fold mentioned 
 above must 1. kept they are 6 cents. Silk cuffs are 7 eZZf, 
 
 Le rT'.f ^,7*""'"' ^^""^ *""'"^ ^"^^ *•>« C!ohoes factory at 
 the rate of 4% cents for a bunch of 4 dozen of the old r^nd 
 
 comer cuffs which are still made there. The book r^<.ding tJe 
 
 work that th^ are not commensurate enough to confirm each 
 Lmed ^ ff ''"P-^Pt^d^ estimates, however, of what can be 
 T^ J. , *^ "'■ ^^'^ "" ^^^ eaol" other out yery closely 
 indeed. With one exception the women spoken withTnd S 
 they mentioned did .ome house work, but thVt need not J^ve b^ 
 
 The Shiet Industey 
 
 219 
 
 more than is done by the housekeeping factory workers. Their 
 day is extended far into the evening in unbroken hours on shirt 
 work and begins again very early in the morning. The universal 
 statement was ' a dollar a day is doing well \ This means gross 
 earnings without the deduction made for delivery of work. One 
 woman had occasionally made $8 by letting her house work go 
 aiid working morning, noon and evening, but she could not con- 
 tinue the pax^ for many successive weeks. Another had made 
 $8 a week for two or three weeks before Christmas but she had 
 to pay her extra earnings to the doctor. One especially favored 
 young woman who is the daughter of the forelady in the Cohoes 
 factory, has made $7 a week when sending out her washing. 
 
 " Out of these earnings must be paid the charge for bringing 
 the work. In Cohoes the women make their own arrangement, 
 either sending a small boy or some member of the family. In 
 Troy only two women report bringing the work themselves, and 
 these are evidently for some reason exceptionally favored. The 
 others are all under the impression that, to avoid confusion, they 
 must take it through the authorized deliverers. These men have 
 r^ular routes which they cover each day and though authorized 
 by the factory and delivering the pay envelopes to all the home 
 workers, their income comes from the latter, and not from the 
 factory. In Troy the charge is 50 cents a week with a deduction 
 of 10 cents for every day on which there is no occasion to call. 
 In Green Island (to which there is a bridge toll) the rate is 10 
 cents a day and 60 cents a week ; and when there is no work the 
 man collects and leaves empty baskets and charges just the same. 
 One woman got, in a poor week, Y2 cents worth of work and 
 paid out 60 cents for this delivery farce. The answer of the 
 deliverer is that he works, not for the factory, but for the home- 
 workers and must have his income if he is to be there when work 
 comes again. The heating of the irons involves, in summer, 
 another expense directly chargeable to the work. 
 
 "A few women reported periods in their own or their neighbors' 
 lives when homework had been their sole source of income, but no 
 one could imagine any one relying on it now. Formerly, button- 
 holing was done by motor machines at home and banding, to some 
 extent, and women even did stitching on foot power machines. 
 
 I 
 
I 
 
 
 r> <' 
 
 f'l ■. 
 
 f.; 
 
 220 
 
 Appendix IV — Wage Investigation 
 
 Girls who had worked iu the factories when the employees had to 
 own their machines had taken them home with them and when 
 they married had continued working or sold them to others. This 
 has practically all gone out and only a few, who have done such 
 work for years, are allowed to continue with it. 
 
 " Until two years ago homework on shirts afforded a reliable, 
 if none too generous, source of income. For the last two years 
 work has been irregular. Last summer there was a time when 
 it practically stopped for two months. Since this Christmas it 
 has been very slack and is threatening now to stop again, having 
 for some people already stopped altogether. No one knows when 
 a slack time is coming. Quite without warning the basket will 
 contain only half the usual amount, or be empty for three days 
 in a week, or a whole week at a time and then, equally suddenly, 
 the work will begin again. Work is supposed to be retained no 
 longer than two days and, while there seems to be no system of 
 compulsion, people are urged to come to time and every effort is 
 made to return the work promptly for fear of falling from grace 
 with the dispensers. Occasionally, a pink card will announce 
 that an order must be rushed and much more than the day's work 
 must be crowded in before the wagon calls the next morning. 
 One woman reported having had these orders two or three times 
 this spring but considers them to be less frequent than formerly 
 on account of the greater proportion of work being handled in the 
 factory. Others report that boys used to call for rush orders as 
 soon as they were ready, but now all such very hurried work is 
 handled ^ inside '. Many can remember the time when the fac- 
 tories were sending around notes asking people to do homework, 
 but now the people are begging for the work. Women now come 
 to the collar factories and coax for * just enough to pay for the 
 day's milk ' but there is not enough work for the regular workers. 
 The factory hires a lot of people to work inside on the big orders 
 and then drops them. The work in the factory also is now, of 
 course, very slack. 
 
 " The work itself is simple and scarcely requires any skill. 
 It can be taken up and laid down and done anywhere. Only a 
 couple of those seen report it as especially wearing. These have 
 become nervous with the hurry and monotony. It seems to be a 
 
 I 
 
 i] 
 
 The Shirt Industry 
 
 221 
 
 bona-ffde instance of the proverbial homework claimed not to 
 need to pay a living wage since it gives some earning to persons 
 tied at home and already partly provided for. One worker owns 
 a house, lives in part of it and rents the rest; another has a pen- 
 sion ; two live with grown sons and only want to pay their more 
 personal expenses. The rest with one exception are members of 
 families where the lion's share of responsibility is borne by some 
 outside worker or workers. All but two of the women seen are 
 native Americans and far too intelligent and well trained to 
 spend their time turning things right side out. Of the two not 
 Americans, one is a bright French girl working at home while 
 her sisters are in the factory; the other is a Polish woman (the 
 above mentioned exception) who depends entirely on homework. 
 Twelve years ago she and her husband and three half grown 
 children used to make $5 and $6 a day all working together up 
 to 10 o'clock at night. They sent to Poland the money they did 
 not need. The two girls are now married and the boy has died, 
 but there are three or four younger children, the older of whom 
 help, by bunching and tying the lots after school. The work is 
 now so poor that there is not enough to keep one person busy and 
 the woman makes just enough to keep the family from day to 
 day, on 20 bunches of cuffs at 5 cents a bunch. The husband has 
 gall-stones and cannot do any heavy work ; she has a bad ear but 
 has no money to go to the doctor, for the basket has not come at 
 all for the last few days. Their only thought now is to get back to 
 Poland. She has tried to teach other Polish women to do the 
 work but they have soiled it or scorched it or sent it back crooked* 
 and for one reason or another, have not been trusted with more. 
 The appearance of the houses where unsuccessful attempts were 
 made to find two other Polish women made this seem a very 
 likely story. Theirs were the only distinctively foreign names 
 appearing on the list of homeworkers and no one had heard recent 
 reports of foreigners doing this work. 
 
 " From the report of all these persons, it appears that the work 
 is not merely temporarily slack, and that it will continue to be 
 absorbed into the factory unless some new counter current should 
 arise. There is but one very young woman among those seen — 
 the married daughter of the forelady. Of contractors, such as 
 
222 
 
 Appendix IV — Wage Investigation 
 
 there are on the collar work, there was no rumor. There were tales 
 of Armenian contractors making buttonholes and if this business 
 persists, it would seem likely they also work on shirts, but they 
 are only reported in connection with collar work. One can hear 
 of girls working in the factory all day and taking home collar 
 work to do at nighty but they never seem to be shirt workers* 
 And one hears of persons and families galore living by home- 
 work on collars but never by homework on shirts. Even the men 
 delivering the work are on collar routes and merely carry shirt 
 work with the collars. The current of the industry is evidently 
 toward the factories and it is not merely bad times that makes 
 everyone refer to the homework as of constantly decreasing pro^ 
 portions and importance." 
 
 From the records of the firms we derived the following in- 
 formation concerning the age, conjugal condition, term of employ- 
 ment and earnings of homeworkers in the Eastern District up- 
 state. 
 
 Of 51 women whose ages were recorded, 14 were between 21 
 and 40 years of age, 13 were between 40 and 45, 12 between 45 
 and 55, 10 between 55 and 65, and 2 over 65. The median is 44 
 years and 5 months. The business therefore seems to be in the 
 hands of middle aged women. 
 
 Of 75 whose conjugal condition was noted, 15 were single, 48 
 were married, 11 widowed, and 1 divorced. According to these 
 returns nearly two-thirds of those who work at home are married. 
 
 Of 50 whose term of employment with the firm during the 
 previous twelve months was given, 13 had received work from 
 one to twenty weeks in the year, 10 from twenty-one to thirty-six 
 weeks, 9 from thirty-seven to forty-eight weeks, and 18 had been 
 employed more than forty-nine weeks. The median term is 44 
 weeks. The work appears to be comparatively steady for these 
 persons. 
 
 As to earnings, the following table shows the weekly payment 
 for 100 cases. 
 
 The Shirt Industry 
 
 223 
 
 table XXVI 
 
 Webklt Eabninos of 100 Home Wokkrrs 
 
 Up-State Shibt Factohies — Eastebn District 
 
 Amounts 
 
 Leas than $3 00. 
 S3 00-$3 49.... 
 
 3 50- 3 99 
 
 4 00- 4 49 
 
 4 50- 4 99 
 
 5 00- 6 49 
 
 5 50- 5 99 
 
 6 00- 6 49 
 
 6 50- 6 89 
 
 7 50- 7 99 
 
 8 00- 8 99 
 
 9 00- 9 99 
 
 12 00-12 99 
 
 14 OQ-14 99 
 
 16 00-17 99 
 
 18 00- 19 99 
 
 20 00-24 99 
 
 Number 
 of persons 
 
 Median. $3.23. 
 
 45 
 11 
 12 
 4 
 3 
 3 
 3 
 4 
 4 
 2 
 2 
 2 
 1 
 1 
 1 
 1 
 1 
 
 This table shows that over half the women earned less than 
 $3.50 for a week^s work. How many dozen pieces or how many 
 hours' time this represents, we are unable to state. Neither can 
 we be sure that only one person did all the work. In the case 
 of the high amounts we are led to believe that members of the 
 family or other persons helped to turn out the batch. 
 
 With this caution as to the value of the returns, we may add 
 that for 18 women who worked over 49 weeks during the twelve* 
 months preceding the investigation, the median weekly earnings 
 were $7. Here we seem to find a moderately lucrative employ- 
 ment Doubtless these persons are the most skilled operatives 
 known to their employers. For the others who work occ^ionally 
 the income is low and precarious, as before indicated. Extensive 
 competition for this kind of work would doubtless tend to lower 
 the wages of regular factory employees. 
 
 Wages and Conjugal Condition 
 The mention of homework at once suggests a comparison of 
 earnings according to marital condition. Table No. 95 in the 
 appendix shows in detail the distribution of weekly amounts re- 
 ceived by each class of persons. We may here summarize it for 
 purposes of comparison in the following form : 
 
J 
 
 224 
 
 Appendtx IV — Wage Investigation 
 
 TABLE xxVii 
 Median Wbeklt Eabninqs bt Conjvoai. ConrDmoMS 
 
 The Shibt Ijstdustey 
 
 225 
 
 
 Single 
 
 Married 
 
 Widowed 
 
 and 
 divorced 
 
 Male 
 
 $8 65 
 
 6 56 
 
 $12 45 
 7 00 
 
 $13 25 
 
 Female 
 
 7 53 
 
 
 
 As might have been expected, the majority of those who are 
 or have been married earn more than single persons, because the 
 latter are generally younger and less experienced in the work, 
 Nevertheless, we note that 479 married men (one-third of the 
 entire number) received less than $10 for one week's work, and 
 176 widowed and divorced women (one-third of this class) got 
 less than $6. Of course we do not know how many of these per- 
 sons had relatives who added to their earnings; but their 
 general status suggests that the women were working to sustain 
 themselves and the men were responsible for the support of others. 
 Such cases show where economic stress is liable to fall. 
 
 Earnings and Nativity 
 
 Not all homes are run on the same standards. Particularly 
 in the foreign sections of our large cities we find groups of people 
 with notions of living more primitive than those which prevail 
 among native Americans. Many of these people are seeking a 
 foothold in an entirely different kind of economy from the simple 
 one to which they have been accustomed. They are obliged at 
 once to earn a living or return to the rigors of their former homes. 
 They seek any unskilled or semi-skilled occupation to tide them 
 over the period of settling down, and may have to accept almost 
 any wage offered for their work. Frequently their own ambitious 
 countrymen " sweat the greeners " to rise to the standards of the 
 new home. This sort of exploitation is common in the sweat 
 shops of New York city. 
 
 Russian, Polish and Austrian Hebrews have recently entered 
 the clothing trades in great numbers. Even more recently 
 Italians have come in, and a few Armenians are beginning to 
 appear. Unquestionably this flood of half skilled labor has filled 
 the market with cheap help, which, by its competition, has held 
 
 down the level of wages in certain trades. Unionization among 
 people speaking different languages is difficult, and among girls 
 and women, doubly so. The result has been that foreigners as a 
 whole have been pushed into the less skilled occupations and have 
 been obliged to work for low wages. How this is shown in the 
 shirt trade, the following table makes plain: 
 
 TABLE XXVIII 
 Median Weekly Eabxinos by NATivrrY and Sex 
 
 
 Native 
 
 Foreign 
 
 Male 
 
 $11 26 
 6 75 
 
 $10 19 
 6 56 
 
 Female 
 
 
 For the full distribution, the reader is referred to Table No 
 96 in the appendix. The figures above make it plain that the 
 wages of both men and women who were born abroad are gener- 
 ally lower than those of natives, and this despite certain differ- 
 ences m age, which have been pointed out in an earlier section 
 of this report. The difference is reflected in local wage levels 
 Troy manufacturers have told us that they find the competition 
 of the East Side shops of New York City in the cheaper lines 
 of goods difficult to meet, because the cost of hiring Irish American 
 girls IS greater than that for Polish and Italian women. 
 
 Pkison-Made Work Shirts 
 The employees in a shirt factory are subject not only to the 
 competition of homeworkers and foreign labor, but in the cheaper 
 grades of garments they must also meet the level set by contractors 
 with prison labor in other States. Sixteen State ' institutions 
 reported to have contracts for prison labor on work shirts, wer^ 
 asked to give an account of conditions and wages in their shops. 
 
 blw- ^^''^ '""°^'" ^^^ ^'"' ^^^ ^^'*' summarized 
 
 1. They employ 1,083 men and 25 women, or a total of 1 108 
 persons. ' 
 
 2. The hours of labor are usually nine per day and from 49 to 
 64 per week. 
 
 3. The rates paid by contractors vary in method of payment 
 a^d in amount Some pay by the dozen, others by the worker. 
 Ihe rates paid by the dozen vary from 36 cents to 50 cents. The 
 rates by the worker vaiy from 45 cents to 66% cents per day 
 
 Vol, ir— 8 
 
226 
 
 Appendix IV — Wage Investigation 
 
 The Shirt Industry 
 
 227 
 
 I 
 
 &. 
 
 \\ 
 
 ii 
 
 4. Out of the 1,108 employees involved, 585 earned at the rate 
 of $73.69 per full year, or at the rate of $6.14 per month. Such 
 amounts are allowed reasonably good workers. Others work at 
 the rate of $2 per month, and still others at the rate of 5 cents 
 per day. In all cases recorded, they are paid for " overtasks." 
 
 5. The State usually furnishes the light, heat, water, shop 
 room, care of plant, power, and guards necessary for the manu- 
 facturing. One State furnishes the machinery too. 
 
 6. Two of the State prisons manufactured a total of 126,455*^ 
 dozens of shirts in 1913, which brought in a receipt of $58,597.48 
 or at the rate of 46 cents per dozen. 
 
 7. The work done usually consists of cutting, sewing, pressing 
 and packing. 
 
 It will be seen from these figures that the cost of making shirts 
 in prison is less than the wages of free labor for sewing alone. 
 Practically all overhead charges except the maintenance of 
 machinery are paid by the State, and steadiness is enforced by 
 guards. 
 
 It is frequently stated that the efficiency of prison labor is less 
 than that of free working men. This may be true, but the com- 
 petition of goods made at such low rates affects the market in 
 which the factory owner must compete and obliges him to cut 
 wages accordingly. 
 
 This traffic is a serious matter in New York, because goods 
 can be shipped here from Maryland, Ehode Island and Vermont 
 The State law prohibiting the sale of prison made goods is not 
 effective for those brought in from other commonwealths. A 
 national law is necessary in order to make such a measure con- 
 stitutional. 
 
 Labor Cost 
 
 The foregoing data regarding wages lead us finally to consider 
 the proportion that labor cost bears to other items of expense in 
 the shirt trade. For this purpose we may here present statements 
 from representative manufacturers regarding typical garments 
 made in their establishments. We have few complete financial 
 accounts so as to be sure of the element of profit The following 
 -samples may, however, serve to indicate the basis upon which 
 certain firms do business. 
 
 Let us take as our first instance a blue chambray work shirt, 
 double stitched, witli a soft collar and cuffs attached, one pocket| 
 
 sleeve facings and seven pearl buttons. The following analysis 
 shows the principal items of expense for making a dozen gar- 
 ments. It does not show the cost of trimmings. 
 
 34 yarda " Defiance " 3.8 twenty-cight-inch cloth, at 6ic $2 21 
 
 C"'^°« 08J 
 
 To contractor for sewing o^ 
 
 ^"« y^y^y^'^'^'.'^'.'.'.'.'.'. 04 
 
 Packing and shipping q?* 
 
 Factory overhead charges 02* 
 
 Cost to manufacturer #3 271 
 
 These shirts are sold to jobbers at $3.50 a dozen, leaving the 
 manufacturer about 20 cents above the expenses noted. They 
 retail at 50 cents a piece. 
 
 For work shirts such as we have just described and similar 
 garments of somewhat inferior grade, which sell to the trade for 
 $3 per dozen, the cost of sewing and finishing varies from 65 
 cents to 85 cents a dozen, according to the style and quality of 
 workmanship. From 70 cents to 75 cents a dozen was the usual 
 price for a $3 grade in the shops last winter. The material used 
 was worth less than that specified above, so that the manufac- 
 turer's cost was about $2.85 a dozen garments. The following 
 analysis of the items of expense for making a dozen such shirts 
 is taken from the accounts of an East Side factory. 
 
 Material $1.8600 
 
 To contractor .7248 
 
 Cutting and packing , logy 
 
 Other manufacturing costs .0155 
 
 Selling and delivery , 1277 
 
 Office expenses .0126 
 
 General expenses .0090 
 
 Profit. 
 
 .1437 
 
 Total $3.00 
 
 The financial statement of the firm referred to for the 
 ending December 31, 1912, is summarized below: 
 
 year 
 
 b: 
 
 iTBiia 
 
 Per cent 
 of sales 
 
 Cost of material 
 
 fil OA 
 
 Paid to contractor 
 
 24 1A 
 
 Labor of cutting and packing 
 
 3 55 
 
 Other manufacturing costs 
 
 S2 
 
 Selling and delivery 
 
 4 2A 
 
 Office expenses 
 
 42 
 
 General expenses 
 
 90 
 
 Net profit 
 
 4 ft9 
 
 
 
 Total 
 
 100 
 
I 
 
 II 
 
 I 
 
 228 
 
 Appendix IV — Wage Investigation 
 
 As already indicated, much of the sewing is done in the shops 
 of contractors. Especially in New York City we found estab- 
 lishments that sublet practically all of this work, only cutting 
 being done in the firm's own plant The work of the contractors 
 is, therefore, practically uniform, and may profitably be further 
 analyzed. The cost of making up a dozen work shirts which are 
 sold by the manufacturers at $3.25 to $3.50 per dozen, is itemized 
 as follows by an East Side firm : 
 
 Itum 
 
 Labor 
 
 Material (thread, etc.) 
 
 Other manufacturing costs 
 
 Delivery 
 
 Office expenaes 
 
 General expenaes 
 
 Admin'atrative salaries. . . 
 Net profit 
 
 Total 
 
 Per dosen 
 shirts 
 
 SO. 5033 
 .0617 
 .1055 
 .0206 
 .0056 
 .0081 
 .0624 
 .0241 
 
 ♦10.7913 
 
 The financial summary of this firm for the year 1912 is added 
 for comparison. 
 
 Its 
 
 Cost of labor in manufacture 
 
 Cost of material 
 
 Other manufacturing costs . . 
 
 Delivery 
 
 Office expenses 
 
 General expenses 
 
 Administrative salaries 
 
 Net profit 
 
 Total 
 
 Per cent of 
 proceeds 
 
 63.60 
 7.80 
 
 13.34 
 2.60 
 .71 
 1.03 
 7.89 
 3.03 
 
 100 
 
 To sum up this analysis of costs for low grade shirts in New 
 York City, it appears that the materials in a 50 cent work shirt 
 cost less than 20 cents and the labor of making it about 5 cents. 
 The contractor and manufacturer each make about 5 per cent 
 profit, and the rest is absorbed by jobbers and retailers. The cost 
 of materials and labor is somewhat higher for the better grades 
 of work shirts, but the total cost in relation to the selling price is 
 
 * C mtr ( ;t p 'ic3 par dos9n. 
 
 The Shirt Industry 
 
 229 
 
 proportionately less, leaving a larger margin of profit to makers 
 and dealers. What per cent the makers earn upon their invest- 
 ment we do not now know, because capital accounts and inven- 
 tories to show annual turnover were not available. Neither could 
 we ascertain with certainty the extent of trade discounts for this 
 class of goods. We were informed, however, that considerable 
 speculation in the prices of both materials and finished products 
 exists. 
 
 Turning next to the standard grades of negligee and dress 
 shirts produced in the Albany-Troy district, we offer for in- 
 spection the following analysis of costs for three ordinary gar- 
 ments as presented by three representative firms in that region. 
 
 Material and trimmings. . 
 
 Cutting 
 
 Making and examining. . . 
 
 Factory overhead 
 
 Laundering and boxing . . . 
 
 Total cost of manufacture 
 
 Selling price 
 
 Retail prioe 
 
 Firm A 
 
 Coat negliKcc 
 with nockrt and 
 launaered cufTs 
 
 Firm B 
 
 $3 58 per dox. 
 
 17 " " . 
 
 1 12 " * . 
 
 37 « « . 
 
 1 38 " " . 
 
 $6 62 per dos. 
 
 *6 72 " " . 
 
 1 00 a piece . 
 
 Coat n*"glipee, 
 
 plain front, 
 
 soft cuffs 
 
 $6 21 per dox 
 
 25 " " 
 
 1 59 " " 
 
 1 16 - « 
 
 1 28 " « 
 
 SIO 49 per dox 
 *12 69 " " 
 1 50 a piece 
 
 Firm C 
 
 Coat negliRce, 
 
 Elait^d bosom, 
 sundered cufT.s 
 
 So 76 i>er doz. 
 36 " " . 
 
 1 54 
 46 
 
 2 20 
 
 u 
 
 m 
 u 
 
 $10 32 per dox. 
 15 00 " « . 
 2 00 a piece 
 
 The feature of this table that strikes one at first sight is the 
 wide variation between total cost and selling price. Firm A 
 cA^idently sells this garment on a very small margin of profit, 
 whereas the other two appear to net a very large percentage. It 
 may be stated that some firms deal with retailers direct, whereas 
 others sell through wholesale houses. The expenses of selling 
 naturally vary according to the method used. We are also in- 
 formed that certain lines of goods are sold almost at cost in 
 order to attract the trade to the firm's more expensive specialties. 
 The discounts quoted vary from 3 per cent to 6 per cent. Old 
 styles have to be marked down and closed out periodically. 
 
 Another noteworthy point about the foregoing table is the very 
 wide range in the proportion that overhead charges bear to all 
 factory costs. Different methods of accounting locate various 
 
 * Less discount. 
 
230 
 
 Appendix IV — Wage Investigation 
 
 lii. 
 1 1 ' 
 
 1 
 
 i! 
 
 \\ 
 
 |H 
 
 ill 
 
 items under this head. We are inclined to believe that in most 
 instances it is a very rough pro rata charge on any particular 
 line of goods. 
 
 On the other hand the proportion of costs for cutting, sewing, 
 and finishing shirts does not seem to differ so widely in the three 
 instances, as might have been expected. We should expect the 
 laundry bills to vary because of the different amount of labor re- 
 quired in starching and ironing the garments in question. The 
 difference in cost of materials needs no comment 
 
 A shirt salesman informed us that an ordinary garment which 
 retails for $1 costs the dealer about 70 cents and the manufac- 
 turer approximately 64 cents. Of the prime cost, probably 23 
 cents goes for material and 28 cents to 30 cents for the labor of 
 preparing it for the market According to our figures, this esti- 
 mate appears to be low for materials and high for labor. 
 
 The Federal Census of Manufactures for 1905 gives the fol- 
 lowing proportions : 
 
 
 UNITED STATES 
 
 raw TOBK tTAn 
 
 
 Amounts 
 
 Per cent of 
 expenses 
 
 Amounts 
 
 Per oent of 
 expen: e* 
 
 Coet of materials 
 
 $25,639,402 
 
 11.233.392 
 
 6.451.006 
 
 fi9 
 26 
 15 
 
 $9,997,425 
 3,715.030 
 3,902,000 
 
 
 Wages of labor 
 
 $7 
 
 Miscellaneous expenses 
 
 SI 
 
 
 ss 
 
 Total expenses recorded 
 
 $13,323,800 
 
 100 
 
 $17,614,464 
 
 
 
 100 
 
 Value of products 
 
 $50,971,105 
 
 118 
 
 $20,241,670 
 
 115 
 
 According to these figures, New York State paid 39 per cent 
 of the national bill for shirt materials, 33 per cent, of all wages 
 to workers, 60 per cent of the miscellaneous expenses, and turned 
 out 40 per cent of the product. It is noteworthy that her propor- 
 tion for wages was low, when her share in miscellaneous ex- 
 penses was so high. The latter item is made up mostly of pay- 
 ments for contract work, rent of offices and interest In other 
 words, subcontracting had apparently put much of the business 
 into the hands of jobbers, with a tendency to encourage specula- 
 tion and to drive down wages. That these features can be found 
 in the trade to-day we have shown above. 
 
 IV. THE PAPER BOX INDUSTRY 
 
 I. WAGES IN THE PAPER BOX INDUSTRY 
 
 Charactee of Shops 
 
 For this investigation, the payrolls of 238 factories in 19 cities 
 and villages throughout the State were examined. They varied 
 in size from a shop employing 6 persons, to one with 320 hands. 
 These comprise three-quarters of all shops listed by the Labol- 
 Department Naturally the character of such places differs 
 widely. Some of the small concerns were located in dingy base- 
 ments and old loft buildings, where working conditions were very 
 bad from lack of proper light and ventilation. Other factories 
 were in modem new plants. 
 
 Personnel 
 Our agents investigated the wages of 11,783 persons employed 
 in all branches of the paper box industry in New York State. 
 Nearly two-thirds of these are women and girls, and about one- 
 half of all are minors. Considering factory workers alone, 72 
 per cent are females. The proportion of factory workers in 
 eack age group is shown in Table I. Throughout this report the 
 figures given are for factory workers in New York State, unless 
 otherwise specified. 
 
 TABLE I 
 Number and Per Cent or All Factort Workers, bt Age and Sex 
 
 Total 
 
 14-15 
 
 1«-17 
 
 18-20 
 
 21-24 
 
 25-29 
 
 30-34 
 
 35-39 
 
 40-44 
 
 45-54 
 
 55-64 
 
 55 and over. . . 
 Not reported . . 
 
 TOTAL 
 
 Number 
 
 10,376 
 
 567 
 
 1,945 
 
 2,783 
 
 2.042 
 
 1.123 
 
 651 
 
 470 
 
 312 
 
 314 
 
 113 
 
 12 
 
 44 
 
 Per cent 
 
 100. 
 
 MALE 
 
 Number 
 
 2,920 
 
 5.5^ 
 18.8] 
 26.8* 
 19.7 
 10.8 
 
 6.3 
 
 4.5 
 
 3. 
 
 3. 
 
 1.1 
 .1 
 .4 
 
 Per cent 
 
 28. 
 
 85 
 
 290 
 
 534 
 
 591 
 
 487 
 
 319 
 
 212 
 
 148 
 
 159 
 
 69 
 
 11 
 
 15 
 
 rs 
 
 2.8 
 
 5.1 
 
 5.7 
 
 4.7 
 
 3.1 
 
 2. 
 
 1.4 
 
 1.5 
 
 .7 
 
 .1 
 
 .1 
 
 FEMALE 
 
 Number 
 
 7.456 
 
 482 
 
 1,655 
 
 2,249 
 
 1,451 
 
 636 
 
 332 
 
 258 
 
 164 
 
 155 
 
 44 
 
 1 
 
 29 
 
 Per cent 
 
 72. 
 
 4.7 
 
 16. 
 
 21.7 
 
 14. 
 6.1 
 S.2 
 3.S 
 1.6 
 l.S 
 .4 
 
 £231] 
 

 t '1 
 
 uf 
 
 Appendix IV— Wage Txvestioation 
 
 Less than one-third of the workers were born abroad, and 
 many more had foreign parents. The proportion of foreigners 
 18 slightly higher in New York City where over three-eighths 
 of the factory workers are foreign bom. According to the 
 following table, Russians lead in number; English speaking 
 immigrants are not largely represented in the trade ; the Jewish 
 element predominates. In Xew York City the same statement 
 holds, except that the percentage of English speaking immigrants 
 is even smaller. 
 
 TABLE II 
 Nativity or Workers, bt Sex 
 
 Total. 
 
 Native . 
 Foreign . 
 
 Russia 
 
 Italy 
 
 Austria 
 
 Germany . . . . 
 
 England 
 
 Ireland 
 
 Canada 
 
 Poland 
 
 Roumania. . . 
 Hungary . . . . 
 Scotland .... 
 
 Holland 
 
 Turkey 
 
 Greece 
 
 France 
 
 Other foreign . 
 Not reported. 
 
 Male 
 
 2,920 
 
 1,399 
 1.509 
 
 701 
 425 
 101 
 91 
 33 
 20 
 15 
 
 8 
 18 
 13 
 12 
 
 8 
 21 
 17 
 
 2 
 24 
 12 
 
 Female 
 
 7,456 
 
 5.621 
 1.811 
 
 Total 
 
 10.376 
 
 7,020 
 3,320 
 
 Per cent 
 of all 
 
 100. 
 
 67.5 
 32.2 
 
 865 
 
 244 
 
 229 
 
 99 
 
 79 
 
 77 
 
 55 
 
 39 
 
 29 
 
 20 
 
 18 
 
 18 
 
 1 
 
 2 
 
 11 
 
 25 
 
 24 
 
 1.566 
 
 669 
 
 330 
 
 190 
 
 112 
 
 97 
 
 70 
 
 47 
 
 47 
 
 33 
 
 30 
 
 26 
 
 22 
 
 19 
 
 13 
 
 49 
 
 36 
 
 15.1 
 
 6.5 
 
 3.2 
 
 1.8 
 
 1.1 
 
 .§ 
 
 .7 
 
 .5 
 
 .5 
 
 .Z 
 
 .s 
 
 .s 
 
 .1 
 
 .3 
 .1 
 
 .1 
 
 Young women of native birth constitute the largest group of 
 the industry, both in New York State and in New York City. 
 On the other hand in New York City foreign men outnumber 
 native adult males three to two, while in New York State a more 
 nearly equal proportion of native and of foreign males is em- 
 ployed. In the following table the number and percentage of all 
 children, young persons and adults in paper box factories is 
 shown according to nativity and sex. 
 
 The Paper Box Industry 
 
 233 
 
 > ' 
 
 TABLE III 
 
 NaTIVITT bt AOI AMD SBX NOMBBB AMD PbR CsVT OF \VL FaCTORT WoHKBRS 
 
 
 TOTAL 
 
 NATIVK 
 
 FOREIGN 
 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Ptr 
 cent 
 
 Total... 
 
 2.905 
 
 28.2 
 
 7.427 
 
 72.1 
 
 1.392 
 
 13.5 
 
 5.604 
 
 54.3 
 
 1.509 
 
 14.7 
 
 1.805 
 
 17.6 
 
 Ag€ 
 14-15... 
 1(^-20... 
 21 and 
 over 
 
 85 
 824 
 
 1,996 
 
 .8 
 8. 
 
 19.4 
 
 482 
 3.904 
 
 3.041 
 
 4.7 
 37.9 
 
 29.5 
 
 68 
 430 
 
 894 
 
 .6 
 4.2 
 
 8.7 
 
 411 
 
 2.836 
 
 2.357 
 
 4. 
 
 27.6 
 
 22.9 
 
 17 
 393 
 
 1.099 
 
 .2 
 3.8 
 
 10.7 
 
 71 
 1.058 
 
 676 
 
 .7 
 10.3 
 
 6.6 
 
 The next table shows the number and per cent of all factory 
 workers divided by sex according to marital condition. Here 
 again we note the large number of single persons, especially of 
 women. As stated in connection with the confectionery industry, 
 this unusual proportion of unmarried persons is due to the pre- 
 ponderance of young women. But that 88 per cent of all girls 
 and women in this trade are single appears remarkable when we 
 compare this figure with recent census returns. In 1910, only 
 36 per cent of all females over 15 in New York City were un- 
 married. The special Federal report on Women at Work gave 
 65 per cent of all female breadwinners over 16 as single. Our 
 exhibit shows the local paper box industry as a great field for 
 matrimonial prospecting. ^Seriously, many girls regard mar- 
 riage as the only way out of the monotony of the work. 
 
 TABLE IV 
 Conjugal Condition — Number and Per Cent op All Factory Workers 
 
 
 total 
 
 binqle 
 
 married 
 
 WIDOWED OR 
 DIVORCEO 
 
 NOT REPORTED 
 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Nirni- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Male 
 
 Female 
 
 2.920 
 7,466 
 
 28 
 72 
 
 1.707 
 6.55fi 
 
 16.4 
 63.3 
 
 1.138 
 567 
 
 10.9 
 5.5 
 
 34 
 
 286 
 
 .3 
 
 2.8 
 
 41 
 45 
 
 .4 
 .4 
 
 Both 
 
 10.376 
 
 100 
 
 8.265 
 
 79.7 
 
 1.705 
 
 16.4 
 
 320 
 
 3.1 
 
 86 
 
 .8 
 
 Occupations 
 
 The following table shows the main divisions of the industry 
 according to the general character of the work performed: 
 
234 
 
 i: 
 
 
 Appendix IV— Wage Investigation 
 
 Divisions of the iKorsTRr 
 
 Male 
 
 Female 
 
 Paper box making 
 
 2.920 
 482 
 634 
 119. 
 
 7,456 
 22 
 
 Shipping and delivery 
 
 Plant help 
 
 Office 
 
 41 
 
 
 209 
 
 Total 
 
 r — 
 
 4,055 
 
 7,728 
 
 As before mentioned, we shall here consider primarily only 
 those persons engaged directly in the making of boxes, leaving 
 clerks, engineers, delivery men, etc. for separate sections of the 
 report. Occasionally, however, we shall indicate the tendency 
 of the trade as a whole, since factory workers constitute so large 
 a proportion of the entire number, and because some shifting 
 from one department to another is not impossible. 
 
 Paper Box Making 
 The various kinds of boxes - large and small, round and 
 square, solid and folding-- require some specialization in 
 manufactura Certain fancy varieties are made almost entirely 
 by hand ; other standard shapes are turned out practically com- 
 plete by machinery. The making of an ordinary shoe box may 
 however, serve to illustrate the essential processes. The card 
 board IS first cut into correct sizes for top and bottom, the corners 
 are next cut out and the flaps are scored so as to bend up and 
 make the sides. These are then fastened together with glued 
 tabs by a " corner staying - or " ending " machine. Making the 
 pasteboard frame so far is usually men's work. Then girls turn 
 the box on a block and wind around the sides a strip of pasted 
 paper, which is turned over the edges by helpers. Others put 
 on the top or bottom covering. The box is then practically com- 
 pleted, unless a lining or tape is to be put in. After that, the 
 hds are put on and the boxes are tied up or piled ready for stor- 
 mg or shipping. 
 
 The conditions under which these operations are performed 
 naturally differ with the plant considered. Cutting is usually 
 done by one or two competent men. But occasionaJly we find 
 boys and even girls helping miinipulate dangerous machinery. 
 Corner staying and ending machines, as well as special mechan- 
 
 The Paper Box Industry 
 
 235 
 
 isms for punching, counter sinking, etc., are very generally run 
 by young women. Many firms furnish safety devices to prevent 
 crushed fingers; but frequently employees do not use the guards, 
 because they hamper rapid manipulation. In the case of the 
 shield for the staying machine, several workers reported that it 
 increases the danger by presenting a wider surface to catch the 
 hand.* 
 
 Most women machine operators and strippers sit at their work. 
 Top labellers and table hands generally stand. The smell of 
 glue is rather distasteful in a close room; and working clothes 
 have to be changed or aprons worn in order to avoid smearing 
 with pasta The pace in a busy factory is pretty fast as many 
 of the skilled operatives are on piece rates, and one process fits 
 into the next 
 
 We must now define more clearly what kind of persons per- 
 form the various lines of work. Cutting is a skilled men's trade, 
 requiring some ability to figure out the dimensions required with 
 as little waste as possible, and demanding care in the manipula- 
 tion of dangerous machinery. Chopping out the corners, scoring, 
 punching in rivets or eyelets, corner staying or ending, require 
 less skill, but demand dexterity to insert and remove material 
 quickly in operating the machines. Both young men and women 
 operate punching and staying machines in the general process 
 of setting up. The making and use of glue on heavy card board 
 are also men's occupations, requiring some deftness and judg- 
 ment. Covering the sides and tops of boxes with paper (strip- 
 ping and top-labelling) as well as making and finishing finer 
 boxes (table work) is generally a skilled trade for women, de- 
 manding dexterity and neatness. Girls begin by turning in for 
 older hands who do stripping, and thus learn the latter opera- 
 tion. Closing and tying require only an eye for defects and dis- 
 patch in assembling parts. Floor work is simply fetching sup- 
 plies and carrying away finished goods. There are also several 
 miscellaneous or supplementary occupations, such as nailing 
 wooden frames, printing and embossing labels, which need not 
 concern us here. The following table shows the age and sex of 
 persons engaged in the principal factory occupations. 
 
 beloS^ apedal report by Marie S. Orenstein on Accidents in the Paper Box Industry, p. 271. 
 
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 Appkndix IV— Wage IxNvestigation 
 
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 The Paper Box Industry 
 
 23' 
 
 As before stated the great majority of women are engaged in 
 covering and table work — the younger girls as turners-in; the 
 older hands as table workers. The more experienced men run 
 the heavy cutting machinery; the boys serve as their helpers or 
 learn glue work by doing various tasks. There is no regular 
 apprenticeship, but experience in helping cutters or coverers leads 
 toward these more skilled occupations. 
 
 Native workers predominate in all lines except glue work, the 
 greatest proportion being employed in the women's occupations 
 of covering and table work. In Xew York City, where also the 
 greatest proportion of native workers are employed in these 
 women's lines, foreigners tend to predominate in occupations 
 filled by men — glue and machine work, and in unskilled tasks 
 on the floor. This tendency has been remarked in the confec- 
 tionery industry, where native girls and foreign men are working 
 together in low skilled hand and machinery industries. The 
 accompanying table shows the distribution of 10,261 persons by 
 percentages according to nativity and occupation. 
 
 TABLE VI 
 
 OcCfTPATIONS BT NATtVITT — Per CeVT OF All FaCTORT WORKERS 
 
 
 ToUl 
 
 Fore- 
 men 
 and 
 fore- 
 women 
 
 Cut- 
 ting 
 
 Glue 
 mak- 
 ing 
 
 Set- 
 ting 
 up 
 
 General 
 
 machine 
 
 work 
 
 Glue 
 table 
 work 
 
 Cover- 
 ing 
 
 Table 
 work 
 
 Clos- 
 ing 
 and 
 
 tying 
 
 Floor 
 work 
 
 NaUve 
 
 Foreign .... 
 
 68 
 32 
 
 2.7 
 .7 
 
 5.3 
 3.7 
 
 • • • • 
 
 .1 
 
 4.4 
 2.4 
 
 5.9 
 2.7 
 
 .3 
 1.2 
 
 23.4 
 
 7.8 
 
 19. 
 9.5 
 
 3.2 
 1.4 
 
 3.8 
 2.5 
 
 Total... 
 
 100 3.4 
 
 9. 
 
 .1 
 
 6.8 
 
 8.6 
 
 1.5 
 
 31.2 
 
 28.5 
 
 4.6 
 
 6.3 
 
 Rates of Wages 
 
 In few factories is there any exact record of production of 
 time workers. The weekly rates are therefore generally fixed by 
 guesswork, and vary considerably within the same establishment 
 without apparent reason. Neither is there often a systematic 
 determination of piece rates, although in a few places some at- 
 tempt has been made to standardize piece rates, or at least to get 
 the employees to take an intelligent part in the process. Thus, 
 one factory, whose product is to a large extent stable, varies its 
 piece rates according to the price it obtains for the product In 
 
 I 
 
 4 
 
I 
 
 
 
 ^ ' 
 
 I 
 
 [ 
 
 238 
 
 Appendix IV — Wage Investigation 
 
 another factory, whose operation is very steady, but whose prod- 
 ucts vary greatly, new articles are given to three workers chosen 
 as slow, ordinary, and speedy operators. Their production for 
 a given time is averaged, and the piece rate is set on the basis of 
 this average. This method seems to work very satisfactorily. 
 
 One undesirable feature found in a large number of factories 
 is partnership and sub-contract work. In one factory more than 
 one hundred employees had one or more helpers each, the latter 
 being paid not directly by the firm, but by the " box maker," who 
 received his gross pay on a piece basis. One reason assigned for 
 the prevalence of this practice is the desire of employers to avoid 
 the trouble of keeping the working force recruited up to the 
 needed strength. By the device of paying one person for him- 
 self and his helpers, the total wage payment is often reduced, 
 though apparently at the expense of the helpers ; and in addition 
 the firm is more assured of its product 
 
 Of the 2,920 male factory workers, 480, or 16 per tent, were 
 piece workers; while of the 7,456 women and girls, 3,250, or 
 about 44 per cent, were on piece rates. These operatives in- 
 clude some of the most skilled hands, so we must first indicate 
 typical rates in order to estimate the amount of work required to 
 earn weekly the sums later to be considered. Naturally the rates 
 vary widely according to the size and quality of the product 
 They also depend upon whether the box is built by hand or put 
 together by specialized machinery. We shall here mention only 
 a few figures for th principal operations to show the ordinary 
 basis of wage payment. For this purpose we give the middle 
 range of rates quoted in the factories investigated in New York 
 City, where the greatest proportion of workers are employed. 
 
 Operation 
 
 R*t« per 
 hundred 
 
 Setting up — corner staying, ending, etc 
 
 General machine work 
 
 Stripping 
 
 labelling — aU kinds ..'!!.........!!!!."! 
 
 Table work — putting in laoe paper, ti^Ms and general hand 
 
 finishing 
 
 Closing and tying 
 
 CenU 
 
 2-15 
 6-25 
 6-10 
 
 6-10 
 2- 6 
 
 I 
 
 t\ 
 
 The Papee Box Industry 
 
 239 
 
 The reader must be cautioned against taking these figures as 
 giving the upper and low limits for the payment of piece work. 
 They merely represent typical rates obtained in several of the 
 local plants. They also show that if a girl is getting 10 cents a 
 hundred for covering boxes she must turn out 6,000 a week in 
 order to make $6; that is, one about every 30 seconds for 54 
 hours. This figure gives some idea of the speed and deftness re- 
 quired. 
 
 Table VII shows the weekly rates quoted for 6,202 employees, 
 classified according to the principal occupations in the trade. 
 Summarizing the data briefly, we may say that from $10 to $16 
 are the most common rates for men. Five and six dollars are 
 the figures most often quoted for all female employees. The 
 majority of men and boys may hope to earn between $8 and $16 ; 
 more than half the women and girls, between $5 and $9. Over 
 half the male help is rated below $12, and the majority of 
 females, under $6.50. 
 
 More specifically, the run of foremen are hired for from $16 
 to $25 ; forewomen, from $9 to $12. Most male cutters receive 
 from $10 to $18; women, $5 to $7.50. Men who do corner stav- 
 ing and ending usually ask from $8 to $15 ; women are to be 
 had for similar work from $5 to $10. Male glue table workers 
 ordinarily range from $10 to $14; most women table workers 
 who do pasting and finishing, from $5 to $10. Covering, i. e., 
 stripping and labeling, which is pre-eminently a woman's trade 
 requiring some skill, usually brings from $6 to $10. Turners-in, 
 who are generally girls learning the trade, are quoted at from 
 $4.50 to $6.50. Closing and tying ordinarily brings from $6 to 
 $9 for males and from $4.50 to $6 for girls. Floor work as a 
 rule brings from $5 to $10 for men and boys; $5 to $7 for girls. 
 
 Plate A shows the proportion of wage earners of each sex who 
 receive a given number of dollars per week. (See p. 242.) 
 
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 Appendix IV— Wage Investigation 
 
 
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 The Paper Box Industry 
 
 8$85g5g$g«ggggggg«gggggggS. 
 
 241 
 
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 Appendix IV — Wage iNVESTiaAXiow 
 
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 The Papek Box Industry 
 
 243 
 
 As before remarked these rates vary greatly according to the 
 character of the work. Location is evidently an important factor 
 when time in transit and carfare to work have to be reckoned in 
 calculating weekly earnings. But even within the same im- 
 mediate locality there are wide divergencies in rates paid for 
 similar work. For instance, one Brooklyn factory pays its 
 cutters $10 to $15; another $15 to $20. The product in both 
 instances is of the same class. These discrepancies are found 
 throughout the trade. Sometimes steadiness of work, type of 
 management or character of employees will help explain the dif- 
 ferences. In other cases they appear to be due to relative 
 knowledge and skill in bargaining on the part of employer and 
 employee. Even those who do the same work in a shop are 
 sometimes on a different scale of wages. 
 
 Difference in age sometimes accounts for such variations. 
 Table VIII and the accompanying graph (Plate B) show the 
 rise and fall of earning power with advancing years for all 
 factory workers. 
 
 TABLE VIII 
 Median Wbeklt Ratm and Eabwinob of Factobt Wobkeiw, bt Agb and 
 
 Sex — New Yobk State 
 
 
 
 
 
 
 Am 
 
 MALE 
 
 FEMALE 
 
 
 Rates 
 
 Earnings 
 
 Rates 
 
 Earnings 
 
 14-15 
 
 $4 78 
 6 14 
 8 46 
 
 12 30 
 
 14 73 
 
 15 17 
 15 21 
 15 73 
 15 60 
 12 72 
 10 50 
 
 S4 56 
 
 5 54 
 
 8 41 
 
 11 88 
 14 01 
 14 75 
 14 69 
 14 38 
 14 50 
 
 12 05 
 
 9 50 
 
 $4 80 
 
 5 11 
 
 6 63 
 8 17 
 
 8 98 
 
 9 14 
 9 28 
 9 35 
 
 8 90 
 
 9 00 
 
 7 25 
 
 
 ie-17 
 
 S4 35 
 
 18-20 
 
 5 39 
 
 21-24 
 
 6 72 
 
 25-29 
 
 7 87 
 
 30-34 
 
 8 54 
 
 35-39 
 
 8 55 
 
 40-44 
 
 8 51 
 
 45-54 
 
 8 71 
 
 55-64 
 
 7 48 
 
 W and over 
 
 6 94 
 
 
 
 5 25 
 
 := > 
 
 i 
 
244 
 
 AiTEXDix IV — Wage Investigation 
 
 I' t 
 
 II- i 
 
 The Paper Box Industry 
 
 245 
 
 i 
 
 
 It will be noticed that both men and women reach the top of 
 their earning capacity between 40 and 45 years. It must be 
 remembered, however, that many of those who remain in the 
 trade so long are apt to be the better operatives who find it 
 profitable to use acquired skill. In general, we may say that 
 the majority of boys under 18 are hired for less than $6 a week • 
 the majority of girls of tlie same age for less than $5.50; most 
 women operatives over 18 fall below $8; and the majority of 
 men over 21 years are rated under $14. 
 
 Actual Eaenings 
 The weeUy earnings of all employees in box factories in New 
 York City were secured in the manner already indicated, for a 
 week in November, 1913, and those for persons in up-state 
 establishments, for a week in May or June, 1914. This was at 
 a season when the industry in the metropolis had recovered from 
 the summer depression and was again busy with the briskness 
 preceding the Christmas holidays. Table IX shows in detail 
 
 the earnings of factory employees according to occupation and 
 sex. 
 
 A comparison of these data with those presented in Table VII 
 shows that rates quoted are as a rule above earnings received 
 For instance, less than 10 per cent of all male employees for 
 whom rates were quoted were supposed to receive less than $6 a 
 week. As a matter of fact, during the week for which we took 
 earnings, more than 13 per cent of the men and boys for whom 
 we have returns actually got less than this amount in their pay 
 envelopes. In the case of girls and women, the rates of 16 per 
 cent were below $5, the weekly earnings of 22 per cent were less. 
 
 More than 2,900 women, or 56 per cent of all over 18 years 
 of age in the shops, earned less than $8 for a week's work. Nine 
 hundred and fifty-one under 18, or 44 per cent of those below 
 this age, earned less than $5. Four hundred and fifty men 
 operatives, or 23 per cent of the adult males, earned less than 
 $10 in a week. Nearly half of all male minors rejeived less 
 than $7.* 
 
 
 • See S^aluiu-al Appeadiz, Table No. 107 
 
l": 
 
 246 
 
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 The Paper Box Industry 
 
 247 
 
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 Appendix IV — Wage Investigation 
 
 Days Worked 
 For both time and piece workers, the time made establishes 
 the weekly earnings. Table X shows the days worked in a week 
 by 7,685 employees. 
 
 TABLE X 
 Days Worked in Onc Year 
 Number and prr cxnt or Factory Workers — Nbw York Scaim 
 
 
 TOTAL 
 
 NUMBER or PERBONS WORKING GIVEN 
 NUMBER OF DAYS 
 
 Average 
 
 Dumber 
 of days 
 
 per 
 person 
 
 
 PcraoDS 
 
 Days 
 
 Leas 
 thanSl 
 
 1 
 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 50 
 211 
 
 6 
 
 6 
 
 7 
 
 Male 
 
 Female 
 
 2.248 
 5,437 
 
 13,009 
 30.818 
 
 G 
 24 
 
 23 
 56 
 
 20 
 85 
 
 228 
 809 
 
 1.884 
 4.208 
 
 3G 
 41 
 
 6.77 
 6.08 
 
 Total . 
 
 7.G85 
 
 43.827 
 
 4 
 
 30 
 
 79 
 
 105 
 
 201 
 
 1.037 
 
 0,092 
 
 77 
 
 6.72 
 
 Per rent of a 
 
 U workers 
 
 .... 
 
 0.4 
 
 1.0 
 
 1.4 
 
 3.4 
 
 13.5 
 
 79.3 
 
 1.0 
 
 
 
 
 
 
 
 
 It will be noted that while 82 per cent of the males and 78 
 
 per cent of the females worked a full week, nearly 20 per cent 
 
 of all operatives lost a day or more. It is true that in New 
 
 York City a holiday season fell within the weeks covered by 
 
 this investigation, but payrolls including holidays were avoided 
 
 whenever possible. It should also be remarked that 76 persons 
 
 in that city worked 7 days in a week. Women from 10 firms 
 
 there report Sunday work. This is pretty good evidence that 
 
 trade was brisk. ^r 
 
 Hours 
 
 An attempt was made to ascertain the eflFoct of the 54-hour 
 law that has been a part of the labor code since October 1, 1912. 
 That overtime has not ceased because of the legal prohibition has 
 been made evident from the records of the firms, badly defective 
 as they are in general regarding work hours. Little evidence 
 could be obtained that there had been any general reduction of 
 weekly rates as a direct result of the law. A more decided and 
 widespread effect of the law has been the encouraging of the ex- 
 tension of piece work, and in some cases it has led to the further 
 use of machinery in order to maintain the rate of production. 
 There was agreement on the part of the manufacturers that the 
 demand for many lines of paper boxea was so irregular and, 
 worst of all, of an urgent nature, that it was difficult if not im- 
 possible to so organize a force, on the basis of weekly rates and 
 fixed hours, as to work continuously and regularly. 
 
 { 
 
 The Papee Box Industry 
 
 249 
 
 Practically all factories run from 50 to 60 hours a week, cen- 
 tering at about 54 on account of the female help. Only one 
 plant, out of 239 where time of operation was noted, ordinarily 
 ran over 60 hours. But changes in the season cause wide varia- 
 tion from the regular schedule. 
 
 With six exceptions, the usual working day for men is from 9 
 to 10 hours; for women, 8I/2 to 9Vo or 10 hours; and for chil- 
 dren, 8 hours. Out of 226 firms reporting, 152 gave a short 
 day varying from 4 to 8 hours. The longer regular working? div 
 for women in New York State, outside of New York City, is off- 
 set by a short day of from 4 to 5 hours in almost all cases. 
 
 Ihe ordinary lunch period in 146 plants is 30 minutes; in 24 
 It .8 45 minutes; and in 62 it is an hour; in 3 cases, over an hour' 
 Ihe number of persons working a given number of hours a 
 week IS shown in the following table. This includes 6,396 per- 
 sons in 234 plants. For many piece workers the hours are not 
 recorded. 
 
 TABLE XI 
 H0UB8 Worked per Week 
 NoM»E« AND PehOent or Factokt Workehs. bt Aoe and Sex - New York Stat. 
 
 Total. 
 
 How$ 
 
 48 and under 
 Over 48 to 54 
 Over 54 to 60 
 Over 60 to 66/ 
 Over 66 to 72. 
 Over 72 
 
 It will be soon that, according to these figures, 44 children 
 (11 per cent of all those under 16), 67 youths (31 per cent of 
 a males 16 to 18) and 262 women and girls (6I/2 per cent of 
 all females over 16) worked more than the 48 or 54 hours 
 allowed by law. All but six of the cases of overtime work were 
 reported from New York City during the busy fall season. 
 
 The actual number of hours overtime is shown in Table XII 
 To obtain these figures, the legal hours for women and minors 
 and the regular hours for men were used. The data cover 193 
 plants employing 5,641 female and 2,259 male factory workers. 
 
 I 
 
.Hi 
 
 .\> 
 
 250 Appendix IV — Wage Ini? estiq ation 
 
 TABLE XII 
 Pkkbonb WomKiKQ Otbktimb 
 Number and Per Cent or Workers Noted — New York Statb 
 
 
 
 
 
 BOUBB 
 
 OTCKTIMB 
 
 
 
 
 Total 
 per- 
 sons 
 
 Less 
 than 1 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7-9 
 
 10-12 
 
 13-16 
 
 16-18 
 
 10 and 
 over 
 
 Male 
 
 Female 
 
 Both 
 
 393 
 371 
 764 
 
 18 
 33 
 51 
 
 51 
 
 58 
 
 109 
 
 62 
 
 89 
 
 151 
 
 22 
 61 
 83 
 
 68 
 
 33 
 
 101 
 
 20 
 
 20 
 40 
 
 30 
 10 
 49 
 
 65 
 
 48 
 
 113 
 
 28 
 10 
 38 
 
 10 
 
 8 
 
 18 
 
 8 
 1 
 9 
 
 2 
 
 a 
 
 Per cent of a* 
 
 100 
 
 6.7 
 
 14.3 
 
 19.8 
 
 10 9 13.1 
 
 5.2 
 
 6.4 
 
 14.8 
 
 5 . 
 
 2.3 
 
 1.2 
 
 o.s 
 
 According to these figures, about 3,340 hours overtime were 
 worked by 764 persons in one week. The males averaged over 
 5 hours a week; the females 3.6 hours. 
 
 Seasonal Fluctuations 
 
 The busy season for the trade as a whole comprises the five 
 months beginning about Labor Day. The two or three months 
 preceding are dull. An important point to remember is that, 
 as the workers are largely on a piece basis, there is no great 
 difference in the number of employees, but the differences in 
 earnings reflect trade conditions. The general practice is to 
 retain as nearly as possible the full force during the slack season, 
 in order to have the force ready not only when the busy season 
 comes, but also for the spasmodic orders that may be obtained. 
 Very few of the establishments make goods for stock. The cost 
 and difficulty of handling and storage discourages even those who 
 make stable lines from attempting to make goods ahead. In the 
 busy season recourse is generally had to overtime work. Dur- 
 ing the year taken for this study there w^ practically no pros- 
 perous factory that did not to some extent work overtime. Some 
 factories were in operation all the seven days of the week. 
 
 The accompanying chart (Plate C) shows the fluctuation in 
 number of employees and total wages paid throughout a year. 
 The solid curve for all employees is plotted on a scale of 500 
 persons to every horizontal line, as shown on the left of the 
 diagram. We probably cannot trust the data for the first and 
 last few weeks, because of some lack of correspondence in all 
 the payroll periods. 
 
 The Paper Box Industry 
 
 251 
 
252 
 
 Appendix IV — Wage Ixvestujation 
 
 11 
 
 If 
 
 Beginning in the middle of November, 1912, the number of 
 employees in the 147 factories scheduled was over 10,100. It 
 fell to 9,500 after Christmas, but rose again to over 10,000 in 
 March, 1913. From that time there was a steady decline until 
 July, when the lowest number, 9,400, was reached. For the 
 remainder of the year, the curve shows a continuous rise until 
 October, the period of maximum employment, with almost 10,400 
 persons on the payrolls. Twice, therefore, in the course of 
 the year, there was a distinct displacement of 10 per cent of 
 employees, most of whom, as is generally the case, were the 
 lower paid factory workers. 
 
 As this chart is a composite of many lines, as well as of dif- 
 ferent localities, we cannot explain all its variations. The de- 
 mand for some goods, such as boxes for standard brands of 
 cigarettes, is remarkably steady. For other kinds, like holiday 
 candy boxes, there is a seasonal market. Easter and the fall 
 clothing trade each call for special supplies. The box business 
 thus follows, or ratlier precedes, the high season for goods that 
 are put up in pasteboard. 
 
 The broken line shows the total amount of wages paid week by 
 w^eek to all employees. The striking feature of this curve is the 
 great degree of fluctuation with seasons and holidays. However, 
 because of the extreme diversification of the industry, the curve 
 gives the impression that earnings are much more regular than is 
 actually the case. Thus, both the numbers employed and 
 amounts paid in wages are much more steady in the up-state 
 factories than in ]Xew York City. These constitute about one- 
 third of the total in this study. The New York City establish- 
 ments are much more closely related to the seasonal industries. 
 
 To quote from the preliminary report on the industry in New 
 ^%>rk City: "These oscillations [in wages] involving from 
 $10,000 to $15,000 within a brief time must seriously affect 
 the weekly incomes of about 6,300 persons. The piece workers 
 especially are well paid in a busy season, but fall far below 
 their average at a slack time. For example, the average wage 
 of all employees for the third week was $8.66; for the tenth, 
 it was $7.08, a difference of $1.58. In the twenty-third week 
 
 The Papek Box Industey 
 
 253 
 
 the average rose again to $8.76; fell off $1.35 in the next three 
 months; and then rose again to $8.89. Obviously for a 
 worker with an average wage of $8.30, a 10 per cent or 15 
 per cent reduction is no slight matter. It must make a standard 
 of living either pretty simple or very elastic. For 194 women 
 operatives questioned as to seasonal wages, $7.36 was found to be 
 the average ordinary week's pay; but in rush season it was $8.13 
 and in dull periods $5.68. That is a variation from 10 per cent 
 above the usual earnings to 23 per cent below." * 
 
 Shifting 
 
 The fluctuation of the box trade as a whole gives a very in- 
 adequate idea of the amount of shifting from one establishment 
 to another. We were unable to follow all employees for an entire 
 year within the industry, l)ecause of the enormous task of tracing 
 names and addresses. The following: table shows the length of 
 time 2,295 persons stayed in nine New York City plants during 
 twelve montlis preceding the investigation. These places ordi- 
 narily employed al)out 792 hands. 
 
 The accompanying graph shows the same data in a form more 
 easily appreciated by the eye. It is plain that women were more 
 rapid in their transit than men. Both sexes appear to be divided 
 into two well marked groups. About one-half stayed less Uian two 
 months ; about one-sixth stayed practically the whole year. The 
 others straggled in and out at such a rate that several times as 
 many people as the plants ordinarily employ were added and 
 dropped during twelve months. The less skilled and lowest paid 
 workers shift most rapidly. 
 
 ♦Sea Third Report of the Factory Commission, pp. 130-131. 
 
 f 
 
 4 
 
254 
 
 ArrEKDix IV — Wage Investigation 
 
 II 
 
 I 
 
 :» 
 
 I'.! 
 
 TABLE XIII 
 
 Wbkks Wobkcd in 0ns Ybab 
 
 Number and Feb Cent or Factobt Wobkebs Wobkinq SpECinsD Numbbb or Wbbkb ni 
 
 Omb Ybab — New Yobx Crrr 
 
 
 Male 
 
 Female 
 
 Both 
 
 Cumu- 
 
 latiw 
 
 per cent 
 
 of all 
 
 Total 
 
 633 
 
 86 
 
 134 
 
 73 
 
 56 
 
 31 
 
 34 
 
 20 
 
 24 
 
 14 
 
 14 
 
 18 
 
 5 
 
 12 
 
 122 
 
 1.662 
 
 262 
 
 432 
 
 202 
 
 117 
 
 80 
 
 63 
 
 46 
 
 37 
 
 36 
 
 32 
 
 23 
 
 29 
 
 38 
 
 256 
 
 2.295 
 
 348 
 
 566 
 
 275 
 
 173 
 
 120 
 
 87 
 
 66 
 
 61 
 
 50 
 
 it 
 
 41 
 
 34 
 
 50 
 
 378 
 
 
 ^ WBEKn 
 
 15.2 
 
 1 to 4 
 
 29.0 
 
 5 to 8 
 
 51.0 
 
 9 to 12 
 
 50.6 
 
 13 to 16 
 
 64.7 
 
 17 to 20 
 
 68.5 
 
 21 to 24 
 
 71.4 
 
 25 to 28 
 
 74.1 
 
 29 to 32 
 
 76 S 
 
 33 to 36 
 
 78.3 
 
 37 to 40 
 
 80.0 
 
 41 to 44 
 
 81.6 
 
 45 to 48 
 
 83.7 
 
 49 to 52 
 
 100.0 
 
 
 
 The Paper Box Industry 
 
 255 
 
 Ml 
 
 a 
 o 
 
 € 
 
 m 
 t 
 
 3 
 
 W^JK9^^^^ ^m ttMlt^Of^ ^ 
 
25C 
 
 Appendix IV — Wage Investigation 
 
 P, \ 
 
 'I 
 
 
 \u 
 
 The rapid taking on and laying off of help is shown by the 
 accompanying table which gives for the same nine factories the 
 number of additions to the working force and subtractions there- 
 from during twelve months. 
 
 TABLE XIV 
 Additions and Subtractions in Working Force, for One Year — Nbw Yore Citt 
 
 Fnu 
 
 Average 
 
 number 
 
 of 
 
 employees 
 
 added during tear 
 
 dropped during tear 
 
 persons counted 
 more than once 
 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 A 
 
 281 
 61 
 43 
 11 
 
 186 
 68 
 22 
 66 
 64 
 
 276 
 
 2 
 
 4 
 
 12 
 
 67 
 
 7 
 
 22 
 
 14 
 
 20 
 
 910 
 
 6 
 
 13 
 
 24 
 
 143 
 38 
 13 
 6U 
 46 
 
 261 
 
 7 
 14 
 58 
 
 8 
 22 
 16 
 23 
 
 843 
 
 14 
 
 25 
 
 150 
 
 37 
 
 12 
 
 30 
 61 
 
 15 
 
 2 
 1 
 
 • 
 
 3 
 
 
 B 
 
 52 
 
 
 
 C 
 
 
 
 
 D 
 
 
 E 
 
 2 
 
 F 
 
 11 
 
 G 
 
 2 
 
 H 
 
 1 
 
 I 
 
 S 
 
 Totals. . . 
 
 792 
 
 414 
 
 1.243 
 
 409 
 
 1.162 
 
 27 
 
 71 
 
 Per eent oi 
 avera{(e forct 
 
 100% 
 
 209% 
 
 198% 
 
 12% 
 
 It will be seen from this table that about twice as many 
 persons flowed through the plant as were retained. That means 
 in order to maintain an average working force of less thaii 800 
 persons, the services of more than 2,300 people were used, two- 
 thirds of whom were only temporarily employed. Nearly 100 
 persons were taken on and laid off more than once during the 
 year. 
 
 Time Lost 
 This shifting and laying off entails loss of time between jobs 
 for tlie floaters. But even the steady workers are affected by slack 
 seasons, sickness and other reasons, that cause them to stay out 
 or diange employers. Among 229 women operatives interviewed 
 in New York City, it was found that on the average nearly five 
 weeks apiece had been lost during the previous year, in amounts 
 varying from less than one day to ten months. Three weeks were 
 accounted for by industrial reasons and two by personal causes. 
 For the 115 who were out from slack work, 19 working days, 
 or a little over 3 weeks, was the average; and for the 54 altogether 
 out of a job, 2C working days, or something over 4 weeks, was 
 the average. Sickness in 92 cases aggregated 1,837 days loss. 
 
 The Paper Box Industry 
 
 257 
 
 Vacations with pay among the operatives are very rare. Thirty- 
 three women out of 283 reported a week or two in the dull season. 
 Holidays vary with the character of the establishment. Native 
 firms keep most important legal days; Jewish workers observe 
 their religious celebrations. It is plain from Plate C that pay 
 envelopes do not benefit from cessation of work, although tired 
 bodies may. 
 
 Annual Earnings 
 With this understanding of trade conditions, we may now turn 
 to the problem of annual earnings. It must be remembered that 
 the time required to follow a great number of workers through 
 fifty-two weeks was not at the disposal of the Commission ; and 
 if it had been, the books in many places did not permit it. Pay- 
 rolls were sometimes kept in the boss's pocket memoranda. It will 
 be clear from this remark that the places where adequate accounts 
 are kept are generally the better plants, and usually pay a fair 
 scala Moreover, as has before been noted, the operatives who 
 stay ten months or more with the firm are, as a rule, the more 
 skilled and reliable hands. So we may expect to find the annual 
 earnings quoted above the general level for the trada 
 
 Table XV shows annual earnings for 446 persons employed 
 with 15 representative firms for 43 weeks or more during the 
 previous 12 months. (See pp. 258-9.) 
 
 It will be noted that the numbers are not very large, especially 
 in the low-skilled lines. We have also used cumulative percentages 
 to make the comparison of proportional parts easy. 
 
 The returns for males are scattering, centering below $350 for 
 less skilled occupations, below $550 for setters up, below $650 
 for ordinary machine operatives, and under $700 for cutters. 
 For females, covering and table work outweigh all other occu- 
 pations, and fix annual receipts for over three-fourths of the 
 women under $450. The median annual receipt for women is in 
 the $350 group. 
 
 Upon this basis, average earnings for weeks actually worked 
 during the year are shown in Table XVI. According to this, over 
 half the males receive less than $11, and the majority of females 
 under $6 a week. (See pp. 260-1.) 
 
 Vol. II — 9 
 

 258 
 
 i i 
 
 V i 
 
 II 1 
 
 h\ 
 
 Appendix IV — Wage Investigation 
 
 The Paper Box Industry 
 
 259 
 
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 Actual Annual 
 Earnings in Dollabs 
 
 oaeA0999oao>Aa>Q»e> 
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 250- 
 
 300- 
 
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 4) 
 
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 3X 
 
 GENERAL 
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 299 
 
 oi « oi 
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 05-5'»'*5'<»«»*e 
 
 1,099 
 
 1.199 
 
 1.299 
 
 1.399 
 
 1.499 
 
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 1.999 
 
 J.499 
 
 ad over 
 
 lal 1 
 
 
 i3 
 
 i ^ ^ S 8 s^ i i i ^ i i i ^ 
 
 1.000-] 
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 To 
 
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 Appendix IV — Wage Investigation 
 
 
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 00 
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 Atbraob Actual 
 
 Wbbklt Earnincm 
 
 IN Dollars 
 
 
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 ^cjeo^^io»o<©«»r*r*«o>o.HNeo-*io®ooo«oo«OQ^ 
 
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 r 
 
 262 
 
 Appendix IV — Wage Investigation 
 
 Experience 
 
 Table XVII shows for all employees, length of experience in 
 the trade and with the firm where enumerated. Our query as to 
 how long these persons had been at work for wages brought out 
 the response that practically all had begun as soon as the law 
 allowed and had been at it with few interruptions ever since. But 
 as to the box industry, our figures show a lagging, which indicates 
 that other trades had claimed some years. Among 352 women 
 investigated, who had worked from less than one year to more 
 than 35, we found that 123 had been in some other line; 32 had 
 been in two others; and 16 had been in three or four. So the 
 box maker is not necessarily a specialist by training. 
 
 table XVII 
 Ybabs or ExPERiENCK (Median), bt Aoe — All Factobt Workers 
 
 Nbw York Stats 
 
 
 TRAR8 IN TRADR 
 
 TRARS WITH WIBU 
 
 Aa 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 
 Yean Months 
 
 Years 
 
 Months 
 
 Years 
 
 Months 
 
 Years 
 
 Months 
 
 14-15 
 
 
 10.3 
 10.5 
 11.2 
 
 3.5 
 
 2.2 
 11. 
 
 7.5 
 
 8. 
 10.8 
 
 2. 
 
 3. 
 
 1 
 
 3 
 
 6 
 
 9 
 
 13 
 
 16 
 
 22 
 
 21 
 
 27 
 
 17 
 
 8. 
 0.9 
 1.1 
 2.2 
 8.6 
 9. 
 
 11.8 
 1.4 
 6. 
 
 6. 
 
 1 
 2 
 S 
 4 
 6 
 6 
 8 
 11 
 
 9.4 
 
 9.1 
 11.7 
 
 8.3 
 10. 
 
 3.2 
 
 3.4 
 
 9. 
 11. 
 
 3. 
 
 3. 
 
 1 
 3 
 4 
 6 
 6 
 8 
 7 
 12 
 17 
 
 7.6 
 
 l(^-17 
 
 
 10. 
 
 18-20 
 
 1 
 5 
 9 
 12 
 16 
 18 
 26 
 24 
 16 
 
 10 6 
 
 21-24 
 
 6.7 
 
 26-29 
 
 11.8 
 
 30-34 
 
 0.4 
 
 35-30 
 
 6.8 
 
 40-44 
 
 4.6 
 
 45-64 
 
 4.6 
 
 66-64 
 
 6. 
 
 05 and over 
 
 6. 
 
 Years with the firm, as shown by the last column, are few 
 indeed. This further emphasizes the shifting nature of the force. 
 Little more than 7 per cent of the women workers had been with 
 the firm 10 years or more, and but 20 per cent of the men had 
 remained over five years. 
 
 Naturally a worker expects to capitalize such experience in the 
 form of greater earning capacity. Table XVIII shows that for 
 only a short time does a man's work for a year put a dollar a week 
 more into his pa\ envelope. After 10 years' experience in the 
 business the representative male worker is able to make $15 ; and 
 after 30 years, he attains to $17.24 — the high water mark. Half 
 of the women rise to $8 after 5 years of work and to $9 after 9 
 years. The majority never touch $10. 
 
 'f 
 
 The Paper Box Industry 
 
 263 
 
 table xviii 
 
 Earnings and Trade Experience 
 
 Number and Per Cent op All Emplotees, dt Years in Trade and Median Wbeklt 
 
 Earnings — New Yokk State 
 
 Years of Experience 
 
 MALE 
 
 FEMALE 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Less than 1 
 
 602 
 
 296 
 
 205 
 
 177 
 
 134 
 
 130 
 
 153 
 
 117 
 
 121 
 
 71 
 
 340 
 
 207 
 
 123 
 
 76 
 
 62 
 
 33 
 
 4 
 
 21.1 
 31.5 
 38.2 
 45. 
 49.7 
 54.3 
 59.7 
 63.7 
 67.9 
 70.4 
 82.6 
 89.6 
 93.9 
 98.6 
 98.7 
 99.9 
 100. 
 
 $6 50 
 7 73 
 9 22 
 
 10 88 
 
 11 92 
 
 12 18 
 
 12 48 
 
 13 39 
 
 14 16 
 13 95 
 
 15 13 
 
 16 07 
 16 65 
 
 16 29 
 
 17 24 
 17 00 
 17 00 
 
 1.797 
 
 911 
 
 837 
 
 713 
 
 516 
 
 434 
 
 365 
 
 309 
 
 225 
 
 144 
 
 521 
 
 239 
 
 162 
 
 92 
 
 40 
 
 24 
 
 1 
 
 24.5 
 36.9 
 48.4 
 58.1 
 65.2 
 71.1 
 76.1 
 80.3 
 83.4 
 85.4 
 92.5 
 95.7 
 97.9 
 99.1 
 99.7 
 99.9 
 100. 
 
 $4 95 
 
 5 80 
 
 6 45 
 
 7 09 
 
 7 53 
 
 8 20 
 8 54 
 8 57 
 
 8 84 
 
 9 21 
 9 12 
 9 17 
 
 8 80 
 
 9 10 
 8 75 
 8 00 
 6 75 
 
 1 
 
 2 
 
 3 
 
 4 
 
 6 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10-14 
 
 15-19 
 
 20-24 
 
 25-20 
 
 30-34 
 
 35-44 
 
 45 and over 
 
 
 Total 
 
 2.851 
 
 
 
 7,330 
 
 
 
 TABLE XIX 
 
 Earnings and Term op Employment 
 
 NcMBER and Per Cent op All Employees, by Years with Firm, and Medi.in Weekly 
 
 Earnings — New York State 
 
 YSAIUI WITH F^RM 
 
 MALE 
 
 FEMALE 
 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 eamings 
 
 Less than 1 
 
 1.045 
 
 451 
 
 300 
 
 216 
 
 143 
 
 136 
 
 90 
 
 80 
 
 58 
 
 36 
 
 158 
 
 59 
 
 43 
 
 28 
 
 22 
 
 7 
 
 36.4 
 52.1 
 62.6 
 70.4 
 75. 
 80. 
 83.1 
 85.9 
 87.9 
 89. 
 94.5 
 96.6 
 98.1 
 99.1 
 99.8 
 100. 
 
 $8 17 
 
 10 14 
 
 11 33 
 13 00 
 
 12 69 
 
 13 93 
 
 13 25 
 
 14 63 
 
 15 17 
 13 50 
 
 15 08 
 
 16 54 
 15 35 
 
 17 50 
 20 71 
 17 00 
 
 2.774 
 
 1.130 
 
 874 
 
 628 
 
 431 
 
 347 
 
 221 
 
 206 
 
 130 
 
 94 
 
 329 
 
 92 
 
 67 
 
 30 
 
 15 
 
 6 
 
 7 
 
 37.5 
 53. 
 64.9 
 73.4 
 79.2 
 83.9 
 87. 
 89.7 
 91.4 
 92.7 
 97.1 
 98.3 
 99.2 
 99.6 
 99.8 
 99.9 
 100. 
 
 $5 38 
 
 6 32 
 
 7 18 
 7 46 
 
 7 80 
 
 8 31 
 8 28 
 8 38 
 8 81 
 8 80 
 
 8 68 
 
 9 19 
 
 8 77 
 
 9 20 
 8 17 
 7 25 
 7 25 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10-14 
 
 16-19 
 
 20-24 
 
 25-29 
 
 30-34 
 
 35-44 
 
 45 and over 
 
 
 
 Total 
 
 2.872 
 
 
 7.381 
 
 
 
264 
 
 Appendix IV — Wage Investigation 
 
 o 
 
 z 
 u 
 
 X 
 
 y 
 
 fi^ 
 
 X 
 
 o 
 
 CD y 
 
 < 
 
 5 
 
 » 
 
 >- a 
 
 S«V1-|0Q Nl SONINVVa AlMliA 
 
 The Paper Box Industry 
 
 265 
 
 As for sticking to the firm, Table XIX shows how that pays. 
 As compared with the same length of service in the trade, ordinary 
 men who stay in one place get two or three dollars a week more 
 for the first few years ; but this difference gradually dwindles to 
 a dollar or less — not. much of a premium for steadiness. For 
 women there is little difference. Plate E shows the comparative 
 progress in graphic form. 
 
 In considering progress in the trade, the number of lines or 
 occupations worked at may give some idea of the chances of 
 promotion and of the extent of specialization. Of 351 women 
 operatives reporting on this point, 204 (58 per cent) had worked 
 at one line only. Of these, 37 had been in the business 10 years 
 or more. One hundred and twelve had worked at two lines, and 
 34 had tried their hands at three or four operations. 
 
 Table XX shows that 15 per cent of the workers in nine fac- 
 tories in New York City received an advance in wages during the 
 course of a year. For two-thirds of all males raised and for 
 seven-eighths of the girls and women, this amounted to 50 cents 
 or $1 a week. Other details are shown in the table. 
 
 TABLE XX 
 Wage Increase in One Yeab 
 
 NUMBEB AWD FeE CbNT OF AlL WeEK WoBKEBS IN NiNE FaCTOBIES IN 
 
 New Yobe Cmr, with Amottnt or Advance in Weeklt Rates — bt Sex 
 
 
 Male 
 
 Female 
 
 Both 
 
 Per cent 
 of aU 
 
 Total number employed. . . 
 
 631 
 
 1.236 
 
 1,867 
 
 100. 
 
 ii mount o/ Advance 
 No Bdvanoe 
 
 498 
 
 1,083 
 
 1,581 
 
 84.5 
 
 
 •0 25-10 49 
 
 1 
 
 26 
 
 63 
 
 7 
 
 27 
 
 5 
 
 1 
 
 2 
 
 *2 
 
 2 
 
 108 
 
 27 
 
 7 
 
 8 
 
 1 
 
 3 
 
 133 
 
 90 
 
 14 
 
 35 
 
 e 
 1 
 
 2 
 
 2 
 
 0.2 
 7.1 
 4.8 
 0.7 
 1.9 
 0.3 
 0.1 
 0.2 
 0.2 
 
 50- 99 
 
 1 00- 1 40 
 
 1 50- 1 99 
 
 2 00- 2 99 
 
 8 00- 3 99 
 
 4 OO- 4 99 
 
 5 00- 5 99 
 
 6 00- 6 99 
 
 
 Total number advanced . . . 
 
 133 
 
 153 
 
 286 
 
 15.5 
 
 In order that the relation between wages and experience may 
 not be confused by including all kinds of workers, we here present 
 a schedule of t he median weekly earnings of 794 male cutters 
 
 . Of these, one was advanced $8.00. 
 
200 
 
 Appexdtx TV — Wage iNVESTin.vTioN 
 
 and 1,810 female strippers classified by length of time in the 
 trade. 
 
 TABLE XXI 
 
 CUTTEHS AND StRIPPERS 
 
 Weekly Eaknino8 by Tr.*.de E.xpehience — Number and Per Cent op Wohkf.rh by Year* 
 IN Trade, and Median Weekly E.vrnings — New York Statb 
 
 Years in Trade 
 
 CUTTERS (male) 
 
 STRIPPERS (female) 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Leas than 1 
 
 105 
 61 
 58 
 50 
 
 13.2 
 20.9 
 28.2 
 34 6 
 38.8 
 43. 
 48.2 
 52.1 
 56. 
 68.1 
 73. 
 82.7 
 89 1 
 93.4 
 97.5 
 99.8 
 100. 
 
 $7 16 
 9 25 
 9 89 
 
 12 00 
 
 12 43 
 
 13 17 
 
 12 50 
 
 14 63 
 
 15 83 
 
 13 50 
 
 16 32 
 16 55 
 18 42 
 
 16 00 
 
 17 00 
 
 16 00 
 
 17 00 
 
 171 
 
 168 
 
 241 
 
 267 
 
 193 
 
 176 
 
 139 
 
 103 
 
 89 
 
 46 
 
 154 
 
 36 
 
 14 
 
 7 
 
 4 
 
 2 
 
 9.4 
 
 18.7 
 32. 
 46.8 
 67.5 
 67.3 
 74.9 
 80.6 
 85.5 
 88.1 
 96.6 
 98.6 
 99.3 
 99.7 
 99.9 
 100. 
 
 t6 29 
 
 1 
 
 6 39 
 
 2 
 
 3 
 
 7 19 
 7 83 
 
 4 
 
 34 
 
 8 21 
 
 5 
 
 33 
 41 
 31 
 31 
 17 
 118 
 77 
 51 
 34 
 33 
 18 
 2 
 
 9 16 
 
 6 
 
 12 
 
 7 
 
 9 24 
 
 8 
 
 9 32 
 
 
 
 9 
 
 10 25 
 
 10-14 
 
 9 45 
 
 15-19 
 
 9 86 
 
 20-24 
 
 8 00 
 
 25-29 
 
 10 75 
 
 30-34 
 
 10 50 
 
 35-44 
 
 9 00 
 
 45 and over 
 
 
 
 
 Total 
 
 794 
 
 
 
 1.810 
 
 
 
 
 
 It will be noted that in these relatively skilled occupations, 
 the majority of men rise to $18 only after 20 years of ex- 
 perience, and then fall off. Kepresentative women attain the $10 
 level after 1) years at work in the trade. Although some of the 
 12 per cent who continnue more than 10 years keep up to this 
 level, the majority drop out, and moi'e than half of them never 
 make as much as $11. Botli men and women in these lines ap- 
 proximate their high water mark after 10 years of work. The 
 few able survivors are not numerous enough to overbalance the 
 general tendency for the earnings of men to fall after 25 years 
 of labor. In the case of women, diminishing returns appear even 
 
 sooner. ^t ttt 
 
 Home Work 
 
 Our investigators found stime home work, l)f>th in fine and 
 
 course grades of go^xls. Elaborately decorated cardboard 1 Mixes 
 
 and favors are done in this way. Occasionally a factory worker 
 
 takes mater ir.l home to finisli herself, or has otlior members of 
 
 the family h(»lp. CV^rtain tasks, as fitting partes together, can l)e 
 
 done perfectly well by out-workers, and some of these have been 
 
 > 
 
 The Paper Box Txdi stry 
 
 267 
 
 found. Their connection with a factory is apt to be uncertain 
 and their earnings very small. Such work is usually regarded as 
 furnishing a supplementary wage to housewives. The following 
 list taken from one factory shows one week's earnings and the 
 length of time the home worker had been on the firm's payroll. 
 
 Worker 
 
 Week's 
 earnings 
 
 J 
 
 Weeks 
 
 with firm 
 
 L. S 
 
 $0 25 
 25 
 25 
 40 
 60 
 2 50 
 
 2 50 
 
 3 00 
 5 00 
 
 1 
 3 
 10 
 2 
 1 
 
 1 
 16 
 
 5 
 41 
 
 W. S 
 
 W. MoD 
 
 
 N. F.... 
 
 
 v. G 
 
 Mrs. M 
 
 G. D'A 
 
 Mrs. K 
 
 L. W 
 
 
 Total 9 
 
 J14 75 
 
 80 
 
 
 
 Average 
 
 $1 64 
 
 9 
 
 These meagre data indicate that few persons could live on such 
 precarious earnings, and that extensive competition bv home 
 workers would be disastrous for the trade. We have not attempted 
 to investigate the extent of such work, but we believe its continua- 
 tion in connection with containers for food has an important sani- 
 tary side as well as an economic bearing. 
 
 AVages and ^f arriage 
 
 We have remarked that the number of young single women in 
 the paper box trade is very large. Alen who enter the business 
 must compete on a general wage scale that is established largely 
 by the earnings of this kind of help. Indeed, although marrieil 
 people are usually steadier than those without direct domestic 
 responsibilities, it is questionable whether tlie support of a family 
 is generally the basis for fixing wages. 
 
 The following table shows the amount of weekly earnings 
 l)elow which half the persons in each marital group are found. 
 
 TABLE XXII 
 Median Weekly Earxinqs by Conjugal Condition 
 
 
 Male 
 
 Female 
 
 Single 
 
 $9 11 
 14 56 
 12 83 
 
 $0 52 
 7 24 
 7 95 
 
 Married 
 
 Widowed or divorced 
 
 I 
 
268 
 
 Appendix IV — Wage Investigation 
 
 The Paper Box Industry 
 
 269 
 
 Earnings and Nativity 
 As already indicated, immigrants tend to fill in the less skilled 
 occupations and therefore as a rule are paid lower than natives. 
 We have also remarked that foreign men enter lines where native 
 women and boys do much of the work. Tlie following table shows 
 that the recompense for men born abroad is less than that for 
 native males, but that foreign women range slightly higher than 
 native girls. The differences are due in part to the age of 
 operatives and also to the character of their work. 
 
 table xxiii 
 
 Median Weekly Earnings bt Nativitt 
 
 
 Male 
 
 Female 
 
 Native 
 
 $11 39 
 11 04 
 
 $6 60 
 
 Foreign 
 
 c 
 
 6 74 
 
 =3 
 
 Status of the Trade 
 The question now arises, What can the trade afford to do? 
 Unquestionably the business is growing. Our accountant was able 
 to secure financial statements from the books of ten representative 
 firms. Wherever possible these were checked up from the original 
 records. There were many differences noted in the distribution 
 of various items by certain firms. The estimation of overhead 
 charges and their calculation of profits are subject to correction. 
 The following comparative and summary schedule shows the 
 analysis of accounts for the fiscal year of 1912. 
 
 Pbrcsntaqbs op Expbnsbs and RacaiPTs, Bascd on Nbt Sauds 
 
 Factory 
 number 
 
 Cost'of 
 material 
 used in 
 manu- 
 facture 
 of goods 
 sold 
 
 Wages of 
 
 em- 
 ployees 
 engaged 
 directly 
 in manu< 
 facturiog 
 
 Other 
 manu- 
 facturing 
 ooets 
 
 Sel- 
 ling 
 and 
 deliv- 
 ery 
 
 Office 
 
 Gen- 
 eral 
 ex- 
 pense 
 
 Adminis- 
 trative 
 salaries 
 
 Net 
 
 profits 
 
 on 
 
 sales 
 
 Other 
 
 in- 
 come 
 
 ToUl 
 
 net 
 profit* 
 
 206 
 232 
 252 
 274 
 282 
 283 
 322 
 323 
 354 
 3&5 
 
 38.80 
 37.90 
 28.17 
 35.85 
 29.50 
 30.41 
 32.43 
 45.99 
 32.63 
 40.90 
 
 26.62 
 22.50 
 33.14 
 30.71 
 39.00 
 16.78 
 30 .-44 
 18.65 
 22.10 
 24.93 
 
 8.70 
 
 11.90 
 
 24.01 
 
 9.05 
 
 6.10 
 
 24.25 
 
 6.63 
 
 5.93 
 
 7.61 
 
 13.40 
 
 9.13 
 
 19.30 
 
 10.13 
 
 7.53 
 
 5.20 
 
 12.61 
 
 4.74 
 
 4.81 
 
 5.82 
 
 7.54 
 
 2.85 
 2.20 
 
 3.69 
 2.90 
 3.31 
 0.74 
 1.61 
 1.40 
 1.34 
 
 0.93 
 2.50 
 ♦8.62 
 3.15 
 2.60 
 2.66 
 
 0.42 
 3.05 
 2.96 
 
 6.05 
 
 2 30 
 
 * 
 
 5.80 
 
 12.50 
 
 6.40 
 
 11.90 
 5.01 
 2.04 
 
 6.92 
 
 1.40 
 
 t--l.07 
 
 4.22 
 
 2.20 
 
 4.58 
 
 25.02 
 
 10.63 
 
 22.38 
 
 6.89 
 
 1 77 
 
 0.77 
 0.45 
 0.30 
 0.87 
 
 2.11 
 
 8.69 
 
 1.40 
 
 t— 3.30 
 
 4.67 
 
 2.50 
 
 5.46 
 
 25.02 
 
 10.63 
 
 22.38 
 
 9.00 
 
 Av^age.. 
 
 35.25 
 
 24.83 14.73 
 
 9.84 
 
 2.47 
 
 2.25 
 
 4.30 
 
 6.40 
 
 1.00 
 
 7.40 
 
 * The amount chargeable to the paper box manufacturing branch of thb bu^nesd for offio> and 
 general expenses and administ 'ative salaries id estimated and charged in a lump sum. The details 
 oould not be obtained. 
 
 t Leas. 
 
 This represents sales amounting to over $1,347,000. A notable 
 feature is the large item for miscellaneous costs. Paper boxes 
 are awkward to handle and expensive to store, so that rent and 
 delivery charges also figure large. The labor cost is about one- 
 fourth of the value of the marketed product. Net profits do not 
 appear to be excessive, if these figures can be trusted. 
 
 It is remarkable how greatly the labor cost varies. Thi^ of 
 course is in part due to the amount of machinery and supple- 
 mentary or "non-productive" labor used. Still a variation of 
 nearly 100 per cent (from 17 per cent to 39 per cent) leads 
 one to believe that the economy of the business is by no means 
 standardized. 
 
 Paper boxes are probably cheap enough considering the human 
 labor that enters into their manufacture. According to our 
 figures, an increase of 10 per cent in the general level of wages 
 would not necessarily raise the price 2.5 per cent nor reduce 
 profits by the same amount. That is, adding 10 per cent of 
 24 per cent to the cost could be met in either of these ways, or by 
 reducing the force and paying more to those retained. 
 
 The following analysis of the accounts of a representative 
 plant shows the distribution of amounts in making 1,000 collar 
 boxes: 
 
 Items 
 
 Amounts 
 
 Per cent 
 of cost 
 
 Merchandise and matoriaU 
 
 $14 30 
 8 64 
 3 39 
 3 36 
 2 56 
 
 44.3% 
 16.8 
 10.5 
 10.4 
 8. 
 
 Productive labor 
 
 Non-productive labor 
 
 General manufacturing expenses 
 
 Administrative charges 
 
 
 Total cost 
 
 $32 25 
 35 26 
 
 100. % 
 109.3% 
 
 Selling price 
 
 
 Net profit 
 
 $3 01 
 
 0.3% 
 
 So much may serve to give an idea of the economy of the trade 
 and of the proportionate reward of labor. 
 
 l'^ 
 
 1 
 
 I 
 
I 
 
 I 
 
 I 
 
 I 
 
 1 
 
 ( 
 
 h 
 
 i 
 
 2. REPORT ON A HUNDRED ACCIDENTS IN THE PAPER 
 BOX INDUSTRY OF GREATER NEW YORK 
 
 By Marie S. Obenstein. 
 
 Introduction 
 
 When we realize that 22.4 per cent of the workers in the paper 
 box industry of this city are tending machines, the exposure to 
 accidents is obvious.* To be sure, the inherent hazards in these 
 machine vary from the harmless stripping and labeling machines 
 to the actively dangerous stamping and cutting machines, such as 
 tlie paper cutter with a knife pressure of 2,200 pounds, or the 
 corner stayer. A remark common to the trade is: " You ain't 
 considered a good setter-up (operator on a comer stayer) unless 
 you've bin caught." The New York Labor Law in its prohibition 
 of employment of minors in dangerous trades includes paper 
 cutting and comer staying machines. The Federal Department 
 of Labor, rates the paper box industry the fourth in the number 
 of accidents to women and minors.^ 
 
 For the year ending September 30, 1913, the Xew Y^ork State 
 Labor Department reports 679 injuries in this trade, that is, an 
 accident rate of 4.6 per 100 employees. If anything, these figures 
 are too consen^ative, for thev are based almost exclusively on 
 reports of manufacturers to the Labor Department. The legal 
 provision is: " that within 48 hours after the time of the accident, 
 death or injury, a report thereof shall be made in writing to the 
 Commissioner of Labor." Without any dishonorable intentions, 
 proprietors may omit reporting certain accidents because they are 
 not of much consequence. A case in point is firm A, where the 
 reports to a liability company for a period of three months covered 
 18 minor accidents, 6 more serious ones — among the latter three 
 on power punch presses, two on tube rolling machines — yet they 
 had reported only four injuries to the Labor Department for the 
 past year. 
 
 In the present study of one hundred accidents taken at random 
 from paper box establishments in Greater New York, no uni- 
 formity as to time has been observed. Fifty-six of the accidents 
 
 •Third Report of The Factory Commission, Appendix II, Report on Paptr Box Industry in 
 N«w York City. m *^ 
 
 •Vol. XI, Employment of Women in the Metal Trades, p. 77. 
 
 [271] 
 
 \ 
 
272 
 
 M! 
 
 l¥ 
 
 ft 
 
 '.'.( 
 
 IV 
 
 A r I • K M H X IV W AG E 1 N \' ESTIG ATION 
 
 occurred within one year of the date of inquiry ; seventeen more 
 than in five years. Records of injuries dating back several years 
 and occurring at other firms than those at present employing the 
 workers were obtained, since no conclusion as to frequency of 
 accidents is sought. Hut answers to these questions were sought 
 by the survey. To what degree, if any, are the earnings of these 
 workers affected by accidents? Are certain processes inherently 
 hazardous, and if so, is there a recognition of, and coinpensation 
 for this factor in the wage pay '( 
 
 Scope 
 
 The twenty-four establishments visited employ from 6 to 
 2,200 persons and are located in Brooklyn, in the lower and upper 
 east side and also in the west side of New York City. They 
 manufacture practically every variety of carton from the ordinary 
 hat, shoe, cigarette and phannaceutical 1k)x to the cornigated and 
 roimd boxes, tubes and paper sjKH'ialtics. The group of acci- 
 dents obtained, though limited in number, are fairly representa- 
 tive of the kind of injuries from which paper box operatives 
 suffer. Selection has been exercised onlv in so far that, accidents 
 not due to machines and processes peculiar to this trade, such as, 
 incidental risks to which all factory workers are exposed, were 
 eliminated. 
 
 Methods 
 
 To locate injured o|)eratives the list of factories reporting acci- 
 dents to the Labor Department was used as an indicator. In 
 addition, factories in the paper box locality were visited indis- 
 criminately. The hands of practically all machine tenders in 
 these shops were examined, and workers interrogated. The em- 
 ployees were asked to demonstrate and carefully explain just 
 how, where and why they were hurt. Foremen, employees, and 
 all available records were consulted, wherever possible. 
 
 Status of Workers 
 
 TABLE I 
 
 SbX and AoE of EMrLOTBBS 
 
 ■ ' nIr. 
 
 Male... 
 Female. 
 
 Totil 
 
 Total 
 
 14-15 
 
 16-17 
 
 lS-20 
 
 21-24 
 
 25-29 
 
 30-34 
 
 35-39 
 
 40-44 
 
 45-54 
 
 55-64 
 
 65 + 
 
 51 
 49 
 
 1 
 
 3 
 
 8 
 
 10 
 15 
 
 14 
 14 
 
 7 
 8 
 
 11 
 
 4 
 
 2 
 
 
 2 
 
 1 
 
 
 lO 
 
 1 
 
 11 
 
 25 
 
 2S 
 
 15 
 
 15 
 
 2 
 
 
 2 
 
 1 
 
 
 ^ 
 
 ii h 
 
 WW 
 
 ; 
 
 The Paper Box 1?sdustry 
 
 273 
 
 A glance at Table I shows that of the group of injured workers, 
 49 were women and 51 were men. Women comprise over two- 
 thirds of the paper box workers in New York City,^ and about 
 the same proportion holds for the 24 specific establishments 
 covered. But over one-half of the men and less than one-tenth of 
 the women are machine hands. Consequently the number of men 
 injured in the industry, tends to exceed that of women. Over 
 one-half of the men and women are between 18 and 24 years of 
 age, while more than one-third of the men and only one-fourth of 
 the women are between 25 and 34. There are no women over 34, 
 but 3 men are between 45 and 64. That is, the age of the males 
 is on the whole higher than that of females. The small repre- 
 sentation of 8 girls and 4 boys between 14 and 17 years is very 
 probably due to the legal prohibition, since in the Federal Report 
 the accident rates for females under 16 in the paper box trade 
 is given as 10.14 per cent per 100 operatives.* 
 
 table II 
 Sex bt Nativity and Parentage 
 
 Nativity 
 
 Male 
 
 Female 
 
 Both 
 
 Native bom of native parentage 
 
 Native born of foreign parentage 
 
 Foreign bom of foreign parentage 
 
 6 
 14 
 31 
 
 16 
 
 28 
 
 5 
 
 n 
 
 42 
 
 m 
 
 Total 
 
 51 
 
 49 
 
 100 
 
 It will be observed in the table above that foreign bom men 
 of foreign parentage outnumber native bom of native or foreign 
 parentage nearly two to one. In the trade for the city, foreign 
 men outnumber native bom males, three to two.'* The natural 
 conclusion might follow that here is a flagrant exploitation of the 
 ignorant foreigner, who because of his " greenness " and conse- 
 quent helplessness is placed on the dangerous machines at per- 
 haps a lesser compensation than would be acceptable to a native. 
 However, this first impression is invalidated by the negligible 
 number of men who had been in this country less than a year 
 when the accident befell them. Turning to the women, it ap- 
 
 •Third Reoort of the Factory Commission, Appendix II. Report on the Paper Box Industry in 
 New York City, p. 109. " Considering factory workers alone, females comprise over 71 % of the 
 hands." 
 
 ♦ Volume XI. Employment of Women in the Metal Trades, page 73. (Report on Woman i»nd 
 Child Wage-earners.) « , j • xt 
 
 • Third Report of the Factory Commission, Appendix II. Report on Paper Box Industry in New 
 York City, pag* HI. 
 
 I 
 
I 
 
 r • 
 
 V' 
 
 i;; 
 
 274 
 
 Ari'KNDix iV — Waue Investigation 
 
 pears that nearly nine-tenths are native born of either native or 
 foreign parentage. This again parallels with the trade as a whole. 
 ** Young women of native birth constitute the largest group in 
 the industry."^ In this trade as in most others, the native bom 
 women occupy the skilled positions, although the technical work 
 of men is not so limited. 
 
 Experience and Occupation 
 
 The number of years in the trade and the specific (xjcupation at 
 the time of accident are shown in the following table. 
 
 The machines operated by this group can be roughly divided 
 into three classes: cutting machines, stamping machines, and 
 machines that combine stamping and cutting. The corner stayer, 
 which is the best representative of the latter class, is responsible 
 for one-half the number of women and over one-half the number 
 of men hurt in this group. A brief description, therefore, of 
 its mechanism and operation is pertinent. 
 
 The comer stayer is a machine in which the comers of a paper 
 box are fastened by glued strips of paper. As the operator turns 
 successively each comer of the bent up box over a right angled 
 form called an anvil, he or she presses a foot lever setting the 
 machinery in motion. At one operation the glued strip is drawn 
 over the corners, is cut off by a vertical knife at the back of the 
 machine and is fastened around the corners of the box by the 
 descent of the plunger or head, a reverse form fitting closely over 
 the lower form. Thus the box comers are closed and reenforced. 
 Its danger comes in two ways. The strips sometimes do not come 
 forward properly. When this occurs the operative " instead of 
 getting the picker which has been provided, but takes more time, 
 puts her finger on to the anvil to take off the bit which has adhered 
 and with involuntary motion — she puts her foot on the treadle 
 and down comes the head and off goes the end of her finger." 
 Secondly, in the hurry of operation, the worker allows his or her 
 finger to slip beneath the plunger when " flipping " the box. 
 
 • Appendix II Report on Paper Box Industry in New York City, page 111. 
 
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 ArrENDix IV — Wage Investigation 
 
 
 
 iv 
 
 
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 'S'S'S'S'S'S'S'S'S 
 
 The Paper Box Industry 
 
 277 
 
 
 
 
 The Federal Report rates corner stayers secoud to presses among 
 machines causing injuries to workers/ In the figures of the 
 New York State Labor Department, for 1913, 35 per cent the 
 largest single group of accidents in the paper box trade, is reported 
 due to corner stayers. This machine caused 51 per cent of the 
 accidents studied. Power presses were responsible for the next 
 largest percentage of accidents, injuring almost one-eighth of 
 the operatives reported in this group. 
 
 It should be stated that in the above table " years in trade/' 
 are not synchronous with the length of time the injured workers 
 had been employed upon the kind of machine at which the accident 
 occurred. Therefore, in tracing the relationship between injury 
 and trade experience, we get a general tendency rather tba^i 
 absolute accuracy. To illustrate, one man at the end of three 
 years' experience was placed by a new employer on a comer stayer. 
 With no instruction of the ever present risk, at the end of his 
 first half hour's work on the new machine, the man left the first 
 joint of his index finger on the anvil. Reviewing the figures on 
 " years in trade," it appears that over one-half the injured women 
 and less than one-third of the men had been in the trade one year 
 and less when injured. At the most, about one-eighth of the 
 total have been hurt during their first few days at new machines, 
 as witness the girl who lost two joints on a power punch press at 
 the end of her first day's work who said : " and I was so careful be- 
 cause I was so afraid." The table, in a general way, indicates 
 that in the case of men, short trade experience is neither as im- 
 portant nor as direct a factor in the accidents, as with women. 
 This might be ascribed to the inherent sensitiveness of woman's 
 nervous system which subjects her to greater danger during the 
 initiatory period, and to the fact that while a boy is brought up 
 with tools, a girl, as a rule, has little familiarity with them. 
 Though few workers found some connection between their 
 novitiate and injury, one woman's comment is expressive of the 
 general attitude: "And here was me settin-up ten years. Then 
 one day me finger slips in and I lose a joint off it It just ain't 
 any use, if its goin' to happen to you its goin' to, no matter how 
 careful you are or how long you've ben at it. Nobody can be too 
 smart, or in this business too long but what they will some day 
 get caught" 
 
 1 Employment Women in the Metal Trades.p, SI 
 
l\- 1 
 
 r t 
 
 I 
 
 278 
 
 Appendix IV— WvrjK Investigation 
 
 Nature and Location of Accident 
 Table IV shows the mnnber of persons involved in onoh specifi.> 
 kind of accident and the place of ac5cident. It is quit© patent 
 that the character of these machines confines injuries, varying in 
 degree of severity, almost wholly h, fingers and hands. Over one- 
 half the injuries are bruises. They range from a slight abra- 
 sion to very ugly crushed fingers and nails. It is not uncom- 
 mon for an operator to have his or her nail toni off and left on 
 tlie anvil of the corner-stayer or the die of an ender. Lacera- 
 tions also differ in gravity from slight cuts to instances where a 
 punch press operator had her entire finger cut open and a setter- 
 up had a piece sliced out of her finger by the vertical knife of 
 a corner staver. 
 
 The few who suffered trauma lost part of the bone but the ap- 
 pearance of the finger was very slightly altered. One setter-up 
 told me how two doctors put him under ether and scraped part 
 of his bone, then sewed up his finger. 
 
 Over one-sixth of the workers lost one or two joints, one-third 
 of these losses occurring on comer-stayers and over one-half on 
 cutting machines and punch presses. Some of the details are 
 rather gruesome. One man relates that when the head of the 
 eomei-stayer stnick his finger, the concussion threw off the belt. 
 When it was replaced and the plunger lifted a finger joint 
 dropped to the floor. A punch press operator described how her 
 finger joint, when taken from l)etween the dies, was hanging on 
 by a bit of flesli. She was hurried to the hospital where the 
 bone was completely removed and the finger sewn up. 
 
 Perhaps the most terrible accident befell Hans S., a man 60 
 years old at the time, and a paper cutter of many years' experi- 
 ence. An over-cut knife with a pressure great enough to cleave a 
 horse in two, descended upon his right hand completely severing 
 *t a little above his wrist 
 
 The Paper Box Industry 
 
 279 
 
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 Appendix IV— Wacje Investigation 
 
 1' 
 
 It has been stated above that the corner-stayer is responsible 
 for more accidents than any other one machine in this trade. 
 This may be partly accounted for by its being used in greater 
 numbers than the more dangerous cutting and press machines, 
 and since its operation requires dexterity rather than skill, 
 younger and less experionced workers are employed.* Also 
 since the consequences are not as dire (for in this group one- 
 tenth of " setters-up '' as compared with almost half of the force 
 on cutting and press machines lose members) neither employer 
 nor employee exercises the necessary caution. 
 
 From the foregoing table not much more than a speculation 
 can be made — because the figures are too small — on the com- 
 parative hazards to men and women who are working in this 
 occupation and are subjected to the same dangers. On corner- 
 stayers there were nearly one-third more men than women hurt, 
 but on punch presses the women doubled the men. The Federal 
 Report reads: " The evidence seems conclusive that among press 
 hands at least, women nin a much greater risk of injury than 
 
 yy 9 
 
 men. 
 
 An analysis of the records shows that in about three-quarters of 
 the cases right hands were hurt, and nearly always the first 
 joints were affected, and over one-third of the injured members 
 were index fingers. This proves, beyond doubt, that the acci- 
 dents happened in the processes of feeding machines. Approach- 
 ing this subject from a different angle, we find that 84 per cent 
 of the injuries occurred at the point of operation, while 16 per 
 cent were at the driving mechanism. This very closely approxi- 
 mates the New York Labor Department figures for 1913, which 
 show that for this trade 89 per cent of the casualties were due to 
 the machine per se, and 11 per cent to gearings, belts, etc. It 
 might here be said that one of the severest accidents befell a man 
 on the cog wheels of a paper cutting machine. While the 
 operator was fa stening a nut underneath the machine, the driv- 
 
 A r . ^"""'y lo worK wun a variety of tools but also the power to think, that ia to iudce 
 and select and decid»«: it presupposes a background of technical k^^wledge. Deiterity « maSoi- 
 •Uve skill and is habitual. Skill is manual knowledge and is formative/' ^^"^"^^ " mampu 
 
 Alice Barrows Fernandes, 
 
 • r 1 . r ™t ... ^ Director Vocationsl Educatioo Sarvey of New Y»k 
 
 • Employm-nt of Woooea in Metal Trades, p. 85. >^^y^y o «cw i :n. 
 
 in 
 
 The Paper Box Industry 
 
 281 
 
 wheel caught the man's sleeve and his left arm was drawn in. 
 His forearm was terribly crushed and four inches of the splin- 
 tered ulna were removed. The arm and hand are of practically 
 no value to the man, for there is a complete immobility of the 
 forearm and a limited action of the wrist and hand. In speaking 
 of this miserable time the man said : " When I called for help the 
 men were afraid to touch mo or the machine. I had to stop its 
 action and extract my arm myself. Then I went up to the office 
 
 and told them to call up Hospital . I was particular 
 
 as to where I should be treated." On the basis of the above datn 
 one may justly assert that machine guards in this industry are 
 on the whole inadequate. But this subject will b3 further pur- 
 sued under the following paragraphs regarding causes of acci 
 (lent and place of accident. 
 
 Cat'se and Place of ArciDENT 
 
 In the discussion of causes of accident, account has been taken 
 of both the human and the non-human machines. Each of the 
 100 persons was carefully questioned as to just how the accident 
 happened, so that the direct and contributory causes might be 
 ascertained in every case. However, al>solute exactness is im- 
 possible, because personal equation and circumstarces, perhaps 
 not mentioned, intrude constantlv. Also, time mav have dimmed 
 the memory of some of the people. 
 
 The large group of unclassified in the following taWe indicates 
 the difficulty besetting any effort to appraise these factors. Here 
 the evidence as to cause of accident was either vague or in- 
 sufficient 
 
i! 
 
 v» 
 
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 W i! 
 
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 282 
 
 ArrKNDix IV — Wa(;e Invesikjation 
 
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 The Paper Box Industry 
 
 283 
 
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284 
 
 Appendix IV — Waue Investigation 
 
 The Paper Box Industry 
 
 285 
 
 1- 
 
 (I 
 
 l! ' 
 
 Those machines were classified as unguarded on which it is 
 ordinarily considered practicable to have guards and where 
 guards, though supplied, were made ineffectual by employer or 
 employee. In analyzing the table, wc find that the direct cause in 
 over half the accidents was unguarded machinery. Guards are 
 reported as ineffectual in one-quarter of these cases — as for ex- 
 ample when lifted aside on the comer-stayers or when metal 
 thimbles provided by the firm were not used. In three-quarters 
 of the instances there were no guards. It might be argued that 
 it is hardly fair to ascribe so many injuries to the unguarded 
 state of machines, since one of the accidents records dates back 
 fifteen years. However, three-quarters of the total were hurt 
 less than five years ago. When the Knowlton guards — two 
 shields on either side of the head of the comer-staver — were on 
 the market, press and cutting machine guards had also made their 
 way into the shopsw Nearly two- thirds of the comer-stayers and 
 nearly one-half of the press machines were unguarded at the time 
 of accidents. In several instances drive wheel?, cog wheels and 
 other moving parts were also unguarded. 
 
 The merit of the prevailing corner staying machine guard i? 
 rather questionable. The 18 accidents were traced directly to 
 guarded stayers, and that in addition 18 accidents occurred on 
 stayers with guards made useless — a total of 31 machines with 
 guards out of 51 — is a poor recommendation for the safe-guards. 
 Mr. Sedgwick, His Majesty's Factory Inspector, in testifying for 
 the British Industrial Commission said: "The American ma- 
 chines (comer-stayers) have appliances on each side, which in 
 my opinion are no guards at all. They are placed to keep fingers 
 from getting between the head and the anvil, but they do not do 
 anything of the kind." ^* The evidence of the workers is not reas- 
 suring. One woman showed that in her case the guard not only 
 did not protect but caused a more terrible injury by holding her 
 finger down and breaking it at the joint, while the head of the 
 machine crushed the top of it. Mr. Von Schaak spe ks very 
 highly of the metal thimbles. But operators and employers ap- 
 pear to hold conflicting opinions as to their efficacy. In one shop 
 a proprietor said that he had a crushed steel thimble which had 
 
 "Report from the Commissioner's inspector. 1911. Departmental Committee on Accidents 
 in Factories, p.' 637. 
 
 J 
 
 saved a man's finger, but a man inside of this shop, who has just 
 been hurt, exclaimed, " If I had had thimbles on I should have 
 no finger left." The greatest objection raised by workers is that 
 these guards impede speed, and even if the operatives are not on a 
 piece basis, one process fits into another and they cannot " let up." 
 Every factory had either or both of these safeguards, but a large 
 percentage of them were not used. One firm, however, has 
 absolutely fool proof guards for staying machines. The cost of 
 each safe-guard is $50. One of the proprietors said that it more 
 than pays for itself in a short time. It was adopted 1% years 
 ago, and since then not an accident has happened on the comer- 
 stayer, although formerly there were days when two or three 
 operators were hurt 
 
 At another firm a very adequate stamping press guard, con- 
 structed along the best principles of safety, was seen. When the 
 machine is not in motion the guard cannot be displaced, and 
 when the guard is swung open the machine cannot be tripped. 
 
 Liability reports, employers and foremen considered most ot 
 the accidents due to deliberate carelessness of the worker, or to 
 the worker's becoming inattentive and automatic. Yet: "A power 
 machine worker must for the sake of both safety and efficiency 
 become automatic — for only thus comes skill and comparative 
 safety. If the degree of attention necessary at the outset is con- 
 tinued through any extended period, the strain would be de- 
 structive. No normally constituted person could continue under 
 it without grave damage. Machine operating does not involve 
 as irresponsible agent, the machine, and a responsible one, the 
 worker. In many cases the worker is hardly more responsible 
 than the machine. A machine so constructed that at intervals 
 its own parts interfere with each other, causing serious breakage 
 and loss, would be either modified or quickly discarded. Our 
 compound machines, of man and metal, must be treated in the 
 same way. It is a false assumption that the worker's intelligence 
 and care should be expected to avoid hazards which can be re- 
 moved by improved construction." ^^ The term " carelessness " as 
 used in the table includes a variety of " injudicious acts," such 
 as cleaning moving parts of machines, reaching under guards, etc. 
 
 " Employment of Women in Metal Trades, p. 62. 
 
286 
 
 Appendix IV — Wage Investigation 
 
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 Many operators in explaining cause of accident said, "I was 
 doing work on small pieces on this machine and so got hurt." 
 Instances of this sort fall under " nature of work." 
 
 Speed is, of course, an industrial by-word. Hence, it was not 
 strange that it was a prime factor in some cases. Rather com- 
 mon to the trade is the remark, " It was busy. We had a rush 
 order and I was working three setting-up machines. 1 had 8«) 
 many girls to keep me a-going that I got excited and my finger 
 slipped in.'' 
 
 A glance at the section of the table dealing with " contributory 
 causes" discloses poor lighting as being largely responsible in 
 the secondary way for accidents. It is rather startling to find 
 that even in the best equipped factories some of the most valuable 
 light space is used for stock and operations that are not particu- 
 larly exacting. At plant B, which has excellent equipment, I 
 found about a dozen corner-stayers located in a part of the old 
 building which was so dark that I fairly groped my way when 
 coming in from the out-of-doors. To be sure, there was a 
 powerful electric light but so situated that it was more of a 
 hindrance than help, for it cast shadows on the work. Therefore 
 it was rarely switched on, the girls finding it easier to work in 
 semi-darkness. Flickering gas jets were also a cause for com- 
 plaint. Just by a little efficiency engineering these causes could 
 be removed. 
 
 DiSTEIBUTION OF ACCIDENTS BeTWEEN MoENING AND AfTERNOON 
 
 The following figures have been obtained on the subject of dis- 
 tribution of these accidents between morning and afternoon: 
 
 Forty-two or approximately two-fifths were injured in the 
 morning. 
 
 Fifty-one or approximately one-half were injured in the after- 
 noon. 
 
 Seven or approximately one-fifth not reported. 
 
 This proportion holds good in the case of men, if considered 
 separately, and of women when taken by themselves. From these 
 figures no conclusions can be drawn, although one is led to believe 
 that, at least for this group, fatigue was a factor in accidents. 
 " The statistics of all countries which have recorded the hours at 
 
 The Paper Box Industry 
 
 287 
 
 which such injuries occur prove that, other things being equal, 
 the accidents increase progressively up to a certain time in the 
 morning and again in the afternoon work." ^ Mr. Fred Colvin, 
 Associate Editor ofthe American Machinist, finds that: "Acci- 
 dent increase in afternoon due to fatigue and failing light. In 
 machine shops most accidents occur in winter after 3 p. m." 
 
 Disability and Nature of Accident 
 We have now come to the question of nature of accident and 
 time lost. It appears that over one-fifth of the employees lost no 
 time. About two-fifths lost from a few hours to one week ; over 
 one-fifth were absent from their jobs from two to seven weeks; 
 less than one-sixth from two to fourteen months. Excluding the 
 group who suffered no loss, the average loss per person was about 
 twenty-seven days. Here " time lost " is an approximation, since 
 in many instances the data are based almost wholly on the recol- 
 lection of the injured. It is striking that as much time — six 
 months — should be lost by a man who suffered from a bruise 
 . as a man who lost a hand. Yet, the extended absences for slighter 
 injuries are easily explained by the frequency with which blood- 
 poison ensues, the metal, the paste, or neglect being the cause of 
 sepsis. There was one girl who plunged a wire into the back of 
 her hand while " legging ", and though she dragged it out, local 
 infection was started and so she was disabled for one month. One 
 setter-up, " who did not feel much at first ", rushed off at 3 a. m 
 next morning to the doctor, who diagnosed his trouble as blood- 
 poisoning. 
 
 Nervous shock sometimes follows even the less serious accidents. 
 One girl related how she had stayed at home two months, not only 
 to give her crushed finger time t^ heal — " That would not have 
 taken so long, but it's the shock I got." And the man who lost his 
 hand was more than eight months home getting over the nervous 
 disturbance. To this day he has a wild, startled look about his 
 eyes, which comes to those whose nerves have been severelv 
 strained. 
 
 >»Goltimark,FatigueandEfficienry. 3d Edition. 1912. p 71. ' 
 
 
 l, 
 
■ 
 
 
 K 
 
 ii 
 
 288 
 
 9 
 
 
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 Appendix IV — WAfiK iNVESTioATtON 
 
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 The Papee Box Ixkustht 
 
 289 
 
 ^N'atube and Time of Disability 
 In the following table " partial disability " means the period 
 when the workers returned to the shop but were assigned different 
 jobs pending the recovery of their injured members ; or the time 
 spent convalescing; or days lost due to the injured person's ina- 
 bility to find employment. " Complete disability " covers the time 
 lost while utterly incapacitated. 
 
 Under "complete disability," 11 per cent of the men and 30 
 per cent of the women worked right on after the injury; here 
 the average loss per man absent was thirty-seven days as against 
 fourteen days for women absent. Through " partial disability •' 
 60 per cent of the men and 43 per cent of the women lost no 
 time, but the average loss per male absent was forty-one days as 
 compared with twenty-nine days per female absent. Coming to 
 time lost through both partial and complete disability, 6 per cent 
 of the men and 14 per cent of the women lost no time ; yet, the 
 average loss per man absent was forty-nine days while for women 
 absent was thirty-two days. It must be remembered that these 
 figures are based almost wholly on the best recollection of workers. 
 Even conceding that the average time lost per male is over- 
 weighted by one paper cutter, who lost a hand and was out four- 
 teen months, still the figures are convincing, beyond doubt, that 
 injuries befalling the men were more grave than those suffered 
 by the women of the group. This is easily explained by the fact 
 that men operate the most hazardous machinery in this industry. 
 "Serious injury" is open to various interpretations, but in 
 the following discussion it will be measured by the two criteria 
 adopted by the Federal Bureau : *' any injury involving perma- 
 nent bodily mutilation or deformity or entailing a loss of time 
 to the extent of two weeks or more. " '^ With the above as a defini- 
 tion and Table VI as a basis, it appears that thirty-eight persons 
 of the 100 were seriously injured. Of these, twenty-three, or over 
 three-fifths, were men. Allowing for those employees who have 
 dropped out of the industry because of the severity of their acci- 
 dent, the percentage of seriously injured is comparable with the 
 results obta ined by the Federal Bureau of Labor. 
 
 »• Vol. XI. Employment of Women in the Metal Trades, p. 78. 
 
 Vol. 11 — 10 
 
 .1 
 
290 
 
 ■ t 
 
 
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 V' 
 
 Iri-; 
 
 Appendix IV — Wage Investigation 
 
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 The Paper Box Industry 
 
 291 
 
 From the records themselves it is found that 12 men and 7 
 women have suffered some permanent partial disability. ^* In 
 this 19 per cent of the total only those have been included who 
 have lost members or the use of them. Of the remaining opera- 
 tives, the majority bear either scarred or deformed fingers and 
 nails, and many experience numbness or pain in cold weather 
 This must mean that it takes a little more effort to manipulate 
 as readily as before. 
 
 Change of Occupation Due to Injury 
 
 table VIII 
 Chano. or OccoPA-noN- Immediatelt ArrKR Accidevt avo at Time I^rviewed 
 
 Occupation immediately 
 after injury 
 
 Occupation at time inter- 
 viewed 
 
 Occupation after Accident 
 
 SAME 
 
 Male 
 
 27 
 
 36 
 
 Female 
 
 16 
 33 
 
 Total 
 
 43 
 
 69 
 
 CHANGE 
 
 Male 
 
 24 
 15 
 
 Female 
 
 33 
 
 16 
 
 Total 
 
 67 
 31 
 
 A reading of the preceding table indicates that immediately 
 after the injury nearly onehalf of the men and over two-thirds of 
 the women were engaged in occupations other than those in which 
 they were hurt. However, at present less than one-third, both 
 men and women, are engaged in operations different from those 
 of the time of accident. Among them a number are unable to 
 pursue their former jobs because of their disability ; others have 
 been made timorous by their injuries, as one soufflet machine 
 operator said, " I am scared to death of that machine since it took 
 off my finger joint. My father says I will never go back to it 
 even though I am making just half of what I do at this job.'' 
 Others again have just naturally drifted into different occupations. 
 
 Repeated Injuries Suffered 
 From the face of the records it appears that about one-sixth of 
 the women and nearly onehalf of the men have been injured in 
 this trade at other times than now discussed. A few have been 
 hurt three and four times, and all of these have suffered injuries 
 of about th e same character. 
 
 p."2T5°''^Sn?aSTartTal^ ^"'^ ^^^^'oaSfT^ ^' S"' Commissioner of Labor 
 
 quality. Total permanentXahn tv ^ ' ' i ' H^u^u J° character but permanent in 
 or bot1» legs, or Kth eyS. or a^'two thereof."' ^"^ °' ^'^ ^^"^ °^ ^*^ '^"^' °' ^"^ ^^^ 
 
292 
 
 Appendix IV — Wage Investigation 
 
 The Paper Box Industry 
 
 293 
 
 I* 
 
 
 I; 
 
 V > 
 
 
 I 
 
 I'! 
 
 Effect on Wages 
 
 Examination of data shows the following facts regarding the 
 wages of men : 
 
 6, or approximately % were reduced. 
 38, or approximately %, were stationary. 
 
 7, or approximately %, were raised, 
 and of the women 
 
 6, or approximately ifty, were reduced. 
 43, or approximately y^, were stationary. 
 
 1 was raised. 
 
 It is thus seen that these accidents have had very little Im- 
 mediate effect upon wages. In the few cases where the wages were 
 raised it was undoubtedly compensatory, just as in the case of a 
 large number of injured who continued to receive their regular 
 wages during their absence — over one-third of the total being 
 absent from work two weeks and over. 
 
 When the wages at the time of inquiry are compared with those 
 at time of injury, — 
 
 we find that of the men : 
 
 6, or approximately %, were reduced. 
 
 17, or approximately %, were stationary. 
 28, or over y^ were raised. 
 
 and of the women : 
 
 18, or approximately 2/5, were stationary. 
 28, or approximately 4/7, were raised. 
 
 2 were not reported. 
 
 From these figures we must apparently conclude that injuries 
 have had no permanent depresing effect upon wages. This state- 
 ment must be qualified, however, by the fact that in two-thirds of 
 the cases of both men and women whose wages have been raised — 
 from 50 cents to $14 for men, 50 cents to $5 for wemen — a 
 period of one to fifteeen years has elapsed since the injury. In 
 only 7 per cent of the total there has been a loss in weekly wages 
 from 50 cents to $9. The accompanying table gives the details. 
 
 Though the occupations in which this group are engaged are 
 the most dexterous and skillful in the trade, it appears that even 
 the workers who suffered permanent partial disability can sub- 
 stitute healthy members for impaired ones, in the operation of 
 their machines, or as in a few instances can take up a more 
 responsible job, such as foreman, forewoman, etc On the whole, 
 the wages of this group have followed the rising curve resulting 
 from increased trade experience as found in the whole industry 
 of the city. 
 
294 
 
 AppEin)ix IV — Wage Investigation 
 
 
 
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 6 years 
 
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 The Paper Box Industey 
 
 295 
 
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 296 Appendix IV — Wage IirrESTiGAxioN 
 
 Immediate Wage Loss 
 
 TABLE X 
 Calculated Lows or Waobs Within a Ybab Fbom Tims or Accidbnt fob Selected Cases «• 
 
 No. 
 
 Original 
 rate 
 
 Time lost 
 
 Loss at 
 old rate 
 
 Subse- 
 quent 
 rate 
 
 Time sinee 
 change 
 
 ON NEW BASIS 
 
 Loss 
 
 MaU 
 
 Gain 
 
 total or both 
 
 Loss 
 
 Gain 
 
 18 
 
 $11 50 
 
 35 
 
 6 50 
 
 72 
 
 19 00 
 
 27 
 
 12 00 
 
 100 
 
 12 50 
 
 97 
 
 11 00 
 
 96 
 
 11 00 
 
 49 
 
 8 00 
 
 9 
 
 6 50 
 
 6 
 
 13 00 
 
 39 
 
 12 00 
 
 75 
 
 8 00 
 
 69 
 
 10 00 
 
 101 
 
 22 00 
 
 94 
 
 13 00 
 
 60 
 
 18 00 
 
 70 
 
 13 00 
 
 1 
 
 14 00 
 
 13 
 
 12 00 
 
 71 
 
 9 50 
 
 24 
 
 9 00 
 
 60 
 
 18 50 
 
 8iwk. 
 1 wk. 
 
 34|wk. 
 53 wk. 
 
 flOO 00 
 
 $14 00 
 
 34|wk. 
 
 
 $90 70 
 
 
 12 00 
 
 8 wk. 
 
 
 • 
 
 6 50 
 
 6 50 
 
 6 mos. 
 
 
 
 
 10 00 
 
 1 wk. 
 
 9 00 
 
 
 48 00 
 
 9 00 
 
 4 wk. 
 
 
 
 108 00 
 
 12 00 
 15 00 
 
 4 wk. 
 38 wk. 
 
 2 00 
 
 95 00 
 
 45 00 
 
 12 00 
 
 13 wk. 
 
 
 13 00 
 
 95 00 
 
 12 00 
 
 45iwk. 
 
 
 45 00 
 
 56 00 
 58 50 
 
 8 00 
 6 50 
 
 
 
 
 9 wk. 
 
 113 00 
 
 13 00 
 
 6 mos. 
 
 
 
 96 00 
 
 17 50 
 
 48 wk. 
 
 
 264 00 
 
 
 6 00 
 
 8fwk. 
 
 17 00 
 
 173 00 
 
 
 12 00 
 
 43iwk. 
 
 
 
 260 00 
 
 13 00 
 
 26 wk. 
 
 
 
 78 00 
 
 190 00 
 
 22 00 
 
 45iwk. 
 
 
 
 225 00 
 
 14 00 
 
 34iw.k 
 
 
 35 00 
 
 252 00 
 
 18 00 
 
 38 wk 
 
 
 
 282 00 
 
 13 00 
 
 30iwk. 
 
 
 
 196 00 
 
 12 00 
 
 38 wk. 
 
 76 00 
 
 
 312 00 
 
 12 00 
 
 26 wk. 
 
 
 
 
 6 00 
 
 6 wk. 
 
 21 00 
 
 345 00 
 
 
 17 00 
 
 46 wk. 
 
 
 
 312 00 
 
 6 00 
 
 17Jwk. 
 
 53 00 
 
 
 962 00 
 
 
 
 
 
 $10 00 
 
 6 50 
 
 9 00 
 
 12 00 
 
 15 00 
 
 32 00 
 50 00 
 56 00 
 58 50 
 113 00 
 
 182 00 
 190 00 
 190 00 
 252 00 
 282 00 
 272 00 
 312 00 
 
 $168 00 
 156 00 
 
 15 
 66 
 20 
 22 
 
 16 
 17 
 26 
 
 9 00 
 5 00 
 9 50 
 8 50 
 
 12 00 
 7 00 
 7 00 
 
 4 wk. 
 lOiwk. 
 17iwk. 
 
 365 00 
 962 00 
 
 324 00 
 
 
 Female 
 
 
 
 
 
 6 00 
 
 6 wk. 
 
 18 00 
 
 
 18 00 
 
 20 00 
 9 50 
 
 5 00 
 5 00 
 
 
 13 50 
 
 
 20 00 
 23 00 
 
 3 wk. 
 
 
 10 00 
 
 46 wk. 
 
 17 50 
 
 09 00 
 
 
 
 5 00 
 
 5 wk. 
 
 
 
 
 48 00 
 
 6 00 
 
 3 wk. 
 
 18 00 
 
 
 66 00 
 
 73 50 
 
 6 00 
 
 2 wk. 
 
 2 00 
 
 
 75 50 
 
 121 00 
 
 8 00 
 
 34 wk. 
 
 
 34 00 
 
 87 00 
 
 41 50 
 
 If in the majority of this group, the earning capacity has not 
 been impaired, yet nearly one-half of the men and one-seventh of 
 the women suffered loss of wages for one year due to accidents, as 
 Table X indicates. As an industrial phenomenon accidents, at 
 least for this group, hold a position parallel to that of unemploy- 
 ment, in that they cause a temporary wage depression. Scruti- 
 nizing the total it will be seen that for 22 men, $2,724 is the total 
 net wage loss within the year of accident ; $52.40 is the total net 
 wage loss in one week within the year of accident; $2.40 is the 
 average wage loss per person per week within the year of accident ; 
 
 » Those persons were selected whose records show complete wage dati for a year following the 
 time of injury. Among the.^ art a number employed and injured at this trade within the cur- 
 rent year. It is here assumed, however, that work was eteady at the subsequent rate, and results 
 are calculated on this b^is. 
 
 The Paper Box Industby 
 
 297 
 
 $12.36 is the average weekly wage per man within the year of ac- 
 cident; 19 plus per c«it (approximately one^UFth), is the loss of 
 average weekly rate due to accidents ; and for seven women, $248 
 is the total net wage loss within the year of accident; $4.80 is the 
 total net wage loss in one week within the year of accident ; 69 cents 
 average loss of wage per woman per week within the year of 
 accident; $8.37 average weekly wage within the year of accident; 
 8 plus per cent (approximately one-eighth) loss of average weekly 
 rate due to accidents. The average loss per male is over-weighted 
 by one man who lost 12 months' wages amounting to $962. 
 
 In tlie following table a discussion of the net total loss or 
 gains sustained through accident is involved. 
 
 table XI 
 CxLCrLATBD Total Net Loss ob Gain Sustained Thhouoh Accidbnts Wiraur a Y«a« 
 . ^»o*' Time of Accident for Selected Cases » 
 
 Number 
 
 Loss of 
 wage 
 
 Cost of 
 
 medical 
 
 attendance 
 
 Legal fees 
 
 49. 
 72. 
 71. 
 39. 
 75. 
 70. 
 1. 
 
 a9. 
 
 50. 
 101. 
 24. 
 9. 
 •4. 
 18. 
 97. 
 35. 
 
 rr. 
 
 6. 
 
 96.. 
 
 li.. 
 
 100.. 
 
 60.. 
 
 Male 
 
 Indemni- 
 ties 
 received 
 
 total net 
 
 Loss 
 
 Gain 
 
 15. 
 16. 
 20. 
 t2. 
 
 63. 
 17. 
 26. 
 
 S56 00 
 $9 00 
 21 00 
 96 09 
 17 00 
 282 00 
 272 00 
 182 00 
 962 00 
 184 00 
 528 50 
 58 50 
 190 00 
 99 00 
 45 00 
 6 50 
 12 00 
 113 00 
 66 00 
 312 00 
 15 00 
 252 00 
 
 18 00 
 66 03 
 23 00 
 17 50 
 20 00 
 75 50 
 121 00 
 
 S6 00 
 2 00 
 
 3 50 
 14 00 
 25 00 
 
 23 00 
 
 3 50 
 6 50 
 12 00 
 5 50 
 3 50 
 1 50 
 
 40 00 
 25 00 
 50 00 
 5 00 
 55 00 
 
 950 00 
 
 50 00 
 25 00 
 25 00 
 50 00 
 25 00 
 
 7 50 
 
 9100 00 
 50 00 
 
 2,100 00 
 
 100 00 
 50 00 
 50 00 
 
 225 00 
 
 50 00 
 
 5 00 
 
 36 00 
 
 75 00 
 
 500 00 
 10 00 
 
 
 Female 
 
 1 50 
 
 2 00 
 6 75 
 
 35 00 
 60 00 
 
 80 00 
 100 00 
 
 S56 00 
 
 15 00 
 
 23 00 
 
 96 00 
 
 17 00 
 
 234 50 
 
 236 00 
 
 207 00 
 
 184 00 
 
 482 00 
 
 40 00 
 
 177 00 
 
 23 50 
 3 00 
 
 85 50 
 91 00 
 
 10 00 
 307 00 
 
 6 00 
 23 00 
 18 50 
 20 00 
 
 27 75 
 
 $1,115 00 
 
 70 SO 
 
 24 00 
 
 138 00 
 
 17 
 
 2 50 
 
 An analysis of the table shows that for 22 men, $2«0 is the total 
 cost of medical attendance; $12.80 is the average cost per male 
 for medical a id ; $232.50 is the total sum of lawyers' fees; $10.60 
 
 >• See footnote 15, page 296. 
 
 t li 
 
 •. i 
 
 i< 
 
:ll 
 
 »" 'i 
 
 I 
 
 
 1)1 |i I 
 
 ■Hi 
 
 ': w 
 
 298 
 
 Appendix IV — Wage Investigation 
 
 is the average cost per male for lawyers' fees ; $3,351 are the total 
 indemnities received; $151.30 is the average indemnity per male; 
 $940 is the net total loss ; $42.72 is the net average loss per person ; 
 82 cents is the net average loss per person per week; 6 plus per 
 cent is the net loss of average weekly wage (over-weighted by the 
 $2,100 received by man for loss of hand) ; for seven women, $9.75 
 is the total cost of medical attendance; $1.39 is the average cost 
 per person for medical aid; $275 is the total indemnity received; 
 $39.36 is the average indemnity per person; $75.75 is the total 
 net loss; $10.83 is the net average loss per woman ; 21 cents is the 
 net average loss per week per woman; 21/2 P^r <^cnt is the net 
 loss of average weekly wage. In totaling the indemnity re- 
 ceived by men, $171 paid by Mutual Benefit Societies 
 was omitted, for it is desirable to learn in how far the firm 
 or the industry compensated the injured. Comparing 19 plus 
 per cent loss average weekly wage with 6 plus per cent net 
 loss of average weekly wage, it will be observed that 12 plus per 
 cent of the average weekly wage loss for one year for males was 
 made up by the Liability Companies. In the case of women the 
 indemnity gotten from the firms fell short of about 2 per cent 
 to equaling the percentage of loss of the average weekly wage for 
 the year. It is a significant commentary that only $2.25 more 
 
 Indemnity Received and Present Compensation Law 
 
 TABLE Xll 
 Selected Cases of Indemnitt Received and Compensation Entitled to Under New Lawit 
 
 No. 
 
 70 
 1 
 50 
 24 
 100 
 13 
 60 
 95 
 
 26 
 16 
 83 
 55 
 80 
 45 
 
 Average 
 
 weekly 
 
 wage 
 
 CompeDsation 
 entitled to 
 
 Indemnity 
 received 
 
 Difference 
 
 between 
 
 compenBation 
 
 and indemnity 
 
 loss of dollars 
 
 Loss 1} phalanges, index. 
 
 1 phalanxe, index 
 
 Loss of hand 
 
 1} phalanges, index 
 
 1 phalanxe, thumb 
 
 Loss use of forearm 
 
 2 phalanges, index 
 
 1 phalanxe, index 
 
 2 phalanges, index 
 
 1 phalanxe, second finger . 
 1 phalanxe, fourth finger. 
 
 1 phalanxe, index 
 
 2 phalanges, index 
 
 1 phalanxe, index 
 
 Male 
 
 $12 50 
 
 $383 33 
 
 12 55 
 
 192 45 
 
 17 80 
 
 2.895 50 
 
 9 00 
 
 276 00 
 
 12 50 
 
 250 00 
 
 12 00 
 
 2.496 00 
 
 18 00 
 
 552 00 
 
 7 00 
 
 107 33i 
 
 Ftma 
 
 U 
 
 7 60 
 
 233 00 
 
 9 50 
 
 95 00 
 
 7 50 
 
 37 60 
 
 10 00 
 
 153 33i 
 
 7 00 
 
 214 66i 
 
 6 50 
 
 99 67 
 
 $100 00 
 
 50 00 
 
 2.100 00 
 
 100 00 
 
 10 00 
 
 500 00 
 
 
 100 00 
 60 00 
 
 $283 33 
 142 46 
 795 50 
 176 00 
 240 00 
 1.996 00 
 652 00 
 107 331 
 
 133 00 
 
 36 00 
 
 37 60 
 163 31i 
 214 611 
 
 99 67 
 
 " New York State Workmen's Comi)ensation Law, p. 244-245. 
 
 The Paper Box Industry 
 
 299 
 
 was spent hy males on medical aid than on lawyers, who usually 
 demand half the indemnity as a fee. In half the cases where 
 compensation was received injured workmen had to employ 
 lawyers. With some exceptions medical aid was rendered by hos- 
 pitals and dispensaries, where a nominal fee of ten cents was de- 
 manded. Some employers met all or part of the medical expenses. 
 A study of the above data is quite interesting. The accidents 
 selected are those which have caused a loss of a member, for which 
 a computation according to the new Compensation Law of the 
 State of New York is simple. That we may see the discrepancy 
 between indemnities received and the compensation which would 
 be due under the new act, if effective at the time of accident In 
 no instances has the indemnity approached the compensation rat- 
 ing, and in many cases the employers have recognized no liability. 
 
 Compensatory Element in Wage for Hazardous Employ- 
 ments 
 
 This study has shown the innately hazardous character of many 
 types of machinery in the industry. Yet a comparison of hazardous 
 with non-hazardous processes for the trade as a whole, shows that 
 the median wage for women in hazardous and non-hazardous occu- 
 pations is identical, lying somewhere between $6 and 6.49.^® In 
 the case of men the median wage for hazardous occupations is $12 
 to $12.99 as against $9 to $9.99 in non-hazardous. This difference 
 is largely explained by the fact that the non-hazardous processes 
 in which they are engaged are not peculiarly men's jobs — most 
 of this kind of work being done by women — whereas the hazard- 
 ous oc<»upations consist very largely of cutting, a decidedly skilled 
 branch in the work. It all points to what Mr. Newell, Mechanical 
 Engineer for the New York State Department of Labor, has said, 
 " Employers pay for skill rather than for hazards." 
 
 In conclusion it may be said that the following facts stand out 
 in bold relief: 
 
 On the whole the accidents in this trade as seen through the 
 100 cases studied do not have a permanent effect on wages. 
 
 However, 38 per cent of this group as against 42 per cent 
 in the metal trade were seriously injured. ^® 
 
 "TOrd Report. Factory Commission, Appendix II. Report on the Paper Box Industry in 
 New York Citv. p. 1I9. *- ^ 
 
 »• Vol. XI, Employment of Women in the Metal Trades, p. 78. 
 
 m 
 

 1 ■ ' • 
 
 I 
 
 ) 
 
 ; 
 I 
 
 ,' 'i 
 
 300 
 
 Appendix IV — Wage I^vESTIGATION 
 
 Immediate loss in wages calculated for selected cases amounts 
 to one-fifth of the average weekly wage for one year in the case 
 of men, and one-eighth for women. 
 
 Loss in time through accidents has been great, averaging 49 
 days for men, 32 days for women, on the basis of the data given. 
 
 Certain machines are inherently hazardous and yet no compen- 
 satory consideration enters into the wages, unless a higher degree 
 of skill demands it 
 
 Accidents of most frequent occurrence are largely preventable. 
 
 But over and above all these considerations is the physiological 
 and psychical effect upon the injured person, a factor not trans- 
 latable in dollars and cents. 
 
 To start life with a maimed or deformed hand, to be gray at 
 four and twenty, because an industry will not recognize its 
 elementary obligations to the human machine, shows beyond doubt 
 that the trade shirks its responsibilities. 
 
 V. THE CONFECTIONERY INDUSTRY IN 
 
 NEW YORK STATE* 
 
 Extent, — According to the Census of 1910, during the pre- 
 ceding year, there was produced by factories in the United States 
 nearly $135,000,000 worth of confectionery — about nine pounds 
 at 15 cents a pound for every man, woman and child in the coun- 
 try. Of the total amount, New York State produces nearly 19 
 per cent while 15 per cent was manufactured in Xew York City. 
 
 Number of establishments 
 
 Average lumber of wage earners. 
 
 Total annual wages 
 
 Amount ol capital 
 
 Cost of nmteriala 
 
 VahiB of firoduct 
 
 United Sutes 
 
 1.944 
 
 44.638 
 
 S15.6I5.000 
 
 68,360.000 
 
 81,151.000 
 
 134.796,000 
 
 New York state 
 
 240 
 8,570 
 $3,079,000 
 11,702.000 
 15.644,000 
 25.540,000 
 
 New York city 
 
 127 
 
 0,522 
 
 $2,373,000 
 
 9.030.009 
 
 12,395,000 
 
 20,062,OCO 
 
 Employees, — The Industrial Directory f for 1912 reported 
 1,001 large and small confectionery and ice cream manufactories 
 throughout the State, employing more than 12,000 persons, three- 
 fourths of whom were found in New York City. To these we 
 may add workers engaged in chocolate and cocoa establishments, 
 which brings the number of emj^oyees engaged in these related 
 trades in Greater New York above 10,000. Nearly half of these 
 are women. 
 
 
 MBW TOBK trFAXm 
 
 If«W TOBK CITT 
 
 
 Confec- 
 tionery 
 
 Cocoa 
 
 Confec- 
 tionery 
 
 Cocoa 
 
 Factories 
 
 1.001 
 
 10 
 
 758 
 
 7 
 
 
 Office force 
 
 553 
 
 5,520 
 
 45 
 
 5.755 
 
 2«7 
 
 62 
 603 
 
 S 
 264 
 
 1 
 
 421 
 
 4,232 
 
 35 
 
 4,432 
 
 256 
 
 51 
 425 
 
 ShoD men. 16 + years 
 
 Shop b<^s, 14 — 15 years 
 
 Shop women. 16+ years 
 
 Shop girls. 14 — 15 years 
 
 169 
 1 
 
 Total employees 
 
 12.170 
 
 833 
 
 9,376 
 
 646 
 
 
 ♦ The m aterial in this section has been revised to include all factory hands in confectionery 
 estabhsments throui^hout the State. Much of the text, however, remains practically the same 
 as it was presented in Appendix I of the Commission's Third Report, dealing with the industry in 
 New York Qty only. 
 
 tv only, 
 t Published by the New York State Department of Labor. 
 
 [301] 
 
 I 
 
 I 
 
302 
 
 Appe:?dix IV — Wage Investigation 
 
 
 y 1 I 
 
 M 
 
 
 I 
 
 I 
 
 V- ■■ 
 
 I j 
 
 » 
 
 ■ 
 
 r. ''J 
 
 Growth. — The growth of the confectionery trade in this 
 country has been very rapid within fifty years. The Census of 
 1840 first designated caudy making as a separate industry. At 
 that time the output for New York State was valued at $386,000. 
 During the next ten years machines were introduced and the 
 output increased. Abimdance of cheap sugar more than doubled 
 the trade between 1880 and 1890. During the next ten years 
 improved labor saving devices were invented and some of the 
 larger factories were established. By 1910 the State of New 
 York had fifty-one plants which together employed 6,800 wage 
 earners and turned out annually products valued at over $21,- 
 000,000. There is a tendency for such large incorporated estiib- 
 lishments to increase. Small neighborhood shops are no longer 
 
 considered in the Census. 
 
 Classification. — Candy manufactories may be divided into 
 three groups according to the amount, character and disposition 
 of their product First, are the neighborhood shops with small 
 equipments for turning out fresh goodies for local customers. 
 Second, are the establishments that sell through their own stores 
 and also manufacture specialties for the trade. Third, are the 
 factories that turn out standard and cheap goods in large quan- 
 tities for jobbers and dealers only. The price of goods and the 
 character of the labor employed differ considerably among these 
 groups. Because of the difficulty in reaching many employees 
 scattered in the small shops, the first group has been omitted in 
 this investigation. 
 
 Organization. — The organization of the factories also depends 
 upon the nature of the product Beside the office force, shippers 
 and plant help, the factory proper is usually specialized into as 
 many departments as the importance of the output requires. 
 Thus, there may be separate units for making chocolates, bon- 
 bons and nougat, or batches of each may be turned out in one 
 place. Each division is usually under a foreman with a superin- 
 tendent in charge of the entire plant. 
 
 Workers. — Employees are usually obtained by an advertise- 
 ment in the papers, by a sign on the door, or through friends in 
 the business. Recommendations are required for the more 
 responsible positions, but as the principal qualifications are neat- 
 
 TlfE CONFECTIOXEKY IxDUSTEY 
 
 303 
 
 ness, steadiness and strength, no special training is demanded. 
 There is no regular system of apprenticeship. A period of prac- 
 tice is, however, required of hand chocolate dippers. A bright 
 young helper learns by watching and practice how to perform an 
 operation. She is then kept at this work and advances as she 
 becomes proficient at it There is thus considerable specialization 
 of labor. Foremen and other responsible persons are generally 
 secured by promoting old hands who have had good experience 
 and who show ability to manage people. 
 
 Definition of Terms. — The term " confectionery- " includes 
 not only candy, but also chewing gum, popcorn cakes, licorice, 
 prepared nuts, sugar pellets and materials for fine pastry. Cocoa 
 products have been added in this survey because many candy 
 factories make chocolate, and many chocolate mills turn out 
 sugar confections. 
 
 Chocolate Making. — The process of making chocolate is com- 
 paratively simple and mechanical. Cocoa beans are roasted and 
 shaken to remove the shells. The nibs are then ground fine and 
 mixed with sugar and flavoring, after which the mass is poured 
 into moulds. Men do the machine work; women are employed 
 to clean and wrap the cakes. 
 
 Candy Making. — Candy making is as varied in process as the 
 nature of the product requires. Hard candy is simply sugar or 
 molasses cooked with flavoring material, and poured into moulds 
 or pulled, shaped and cut This is practically all men's work, 
 re<^uiring some mechanical skill. For soft candy the fondant, 
 or cream, is obtained by beating cooked syrup in machines until 
 it is light and pasty. This filling is then poured by hand or 
 machine into starch moulds and set aside to harden. The 
 cheaper grades of bon-bons are preserved from drying out by 
 being inunersed in a sugar solution, which deposits a thin layer 
 of crystals over the surface. Other creams are coated by dip- 
 ping them into warm chocolate or other flavored pastes. Choco- 
 late dipping by machine is unskilled work, but fork and hand 
 dipping is a woman's trade requiring deftness and practice. 
 There are many other operations, such as coating Jordan almonds 
 in revolving pans, preparing nuts and making paste, sorting 
 gums and much miscellaneous floor work. 
 
Hi'' 
 
 ir 
 
 fi 
 
 :. f; 
 
 t ■ 
 
 h if i 
 
 304 
 
 Appendix IV— ^ Wage Investigation 
 
 Character of Occupations, — In general, it may be said that 
 cooking, or " making " candy is a skilled trade in the hands of 
 men. Machine tending which requires judgment is also a male 
 occupation. Packing and wrapping require deftness and an eye 
 for effect, which have made them distinctly women's lines. But 
 many of the semi-skilled workers, both male and female, who are 
 put at various tasks as the demand arises, are scarcely to be dis- 
 tinguished from unskilled laborers, who do the heavier floor work 
 and cleaning. 
 
 Factories Included. — For the following analysis 84 factories, 
 employing nearly 9,800 persons, were taken in 11 cities and vil- 
 lages throughout the State. The establishments range in size 
 from 6 to 857 employees, and include 7 chocolate mills, 5 chew- 
 ing gum plants, 3 popcorn factories and 69 places where candy 
 is made. This number comprises practically all the larger firms 
 and represents the working conditions of over 76 per cent of all 
 persons reported in the trade. 
 
 Pebsonnel 
 
 Of all persons employed as workers in local confectionery 
 factories, 65 per cent are girls and women — a much larger 
 proportion than in most industries. The following table shows 
 also that three-fifths of the females are under twenty-one years of 
 age. Here at once appear two reasons for low pay — feminine 
 lack of aggressiveness and experience. 
 
 table I 
 
 Age and Sex 
 NcicBER AND Pbr Cent or Employees in Each Gboup — New Yoek Citt 
 
 Age Groups in Yearst 
 
 TOTAL 1 
 
 male I 
 
 FEMALE 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Number 
 
 Per cent 
 
 Total 
 
 8.337 
 
 100 
 
 2,894 
 
 100 
 
 5.443 
 
 ICO. 
 
 
 
 14-15 
 
 282 
 
 1.457 
 
 2.022 
 
 1.377 
 
 1.092 
 
 588 
 
 524 
 
 3«7 
 
 478 
 
 170 
 
 34 
 
 46 
 
 3.4 
 17.4 
 24.2 
 16.4 
 13. 
 7. 
 6.2 
 4.4 
 5.6 
 2. 
 .4 
 
 13 
 109 
 425 
 480 
 468 
 343 
 311 
 230 
 332 
 130 
 30 
 23 
 
 .5 
 
 3.8 
 
 14.8 
 
 16.7 
 
 16.3 
 
 11.9 
 
 10.8 
 
 8.1 
 
 11.5 
 
 4.5 
 
 1.1 
 
 260 
 
 1.348 
 
 1.597 
 
 897 
 
 524 
 
 245 
 
 213 
 
 137 
 
 146 
 
 40 
 
 4 
 
 5. 
 
 16-17 
 
 25. 
 
 lS-20 
 
 29. 
 
 21-24 
 
 16.6 
 
 25-29 
 
 9.8 
 
 30-34 
 
 4.6 
 
 35-39 
 
 8.9 
 
 40-44 
 
 2.6 
 
 45-54 
 
 2.7 
 
 55-64 
 
 ,7 
 
 654- 
 
 .1 
 
 Not given 
 
 23 
 
 
 
 The Oonfectionery Industry 
 
 305 
 
 As to nativity, more than half of all factory workers were born 
 abroad. Many more are of foreign parentage, but for these the 
 returns are incomplete. Thirty-five different countries are repre- 
 sented. Table II shows that Italians lead all immigrants in this 
 trade, especially the men, who number over three-fifths of the 
 male working force. These facts may suggest another reason for 
 low wages, namely: workers with a comparatively low standard 
 of living. 
 
 table II 
 NATivrrr o» Emplotees bt Sex 
 New Yore State 
 
 
 Male 
 
 Female 
 
 Both 
 
 Per cent 
 of all 
 
 Total 
 
 2.894 
 
 527 
 
 2,296 
 
 5.443 
 3,448 
 1,886 
 
 8,337 
 3,975 
 4.182 
 
 100. 
 
 Native 
 
 48. 
 
 Foreign 
 
 50. 
 
 
 
 Italian 
 
 1.769 
 
 123 
 
 131 
 
 81 
 
 60 
 
 21 
 
 9 
 
 12 
 
 24 
 
 23 
 
 11 
 
 6 
 
 26 
 
 1.391 
 157 
 42 
 60 
 19 
 56 
 46 
 27 
 13 
 10 
 17 
 9 
 39 
 
 3,160 
 
 280 
 
 173 
 
 141 
 
 79 
 
 77 
 
 55 
 
 39 
 
 37 
 
 33 
 
 28 
 
 15 
 
 65 
 
 37.6 
 
 RuBtnan ....... ^ - 
 
 3.4 
 
 G*^rman . , . , . 
 
 2.1 
 
 Austrian 
 
 English T r - - 
 
 1.7 
 .95 
 .92 
 
 Irish 
 
 .66 
 
 Canadian 
 
 French 
 
 .47 
 .44 
 
 Polish 
 
 .40 
 
 Scotch 
 
 .34 
 
 Roumanian 
 
 Other foreign .... 
 
 .18 
 .78 
 
 Not given < 71 
 
 109 
 
 180 
 
 2. 
 
 Table III shows the distribution of native and foreign em- 
 ployees by age groups. It should here be noted that young per- 
 sons of native birth greatly outnumber foreign minors. This 
 excess is due to the presence of more than 2,000 native girls — 
 more than twice the number of young women from abroad. 
 Foreigners in the trade, therefore, are somewhat older than the 
 majority of native workers. 
 
30G 
 
 
 1 .1 
 
 V 
 
 Appexdix rV — Wage Investigation 
 
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 TflE Confectionery Industry 
 
 307 
 
 Conjugal condition is also important to consider in connection 
 with wages, because it indicates the number of individuals who 
 may be responsible for helping to support a family. Single 
 persons often contribute toward the maintenance of others; but 
 in the case of married people, it is reasonably certain that they 
 work to keep up a home. We should expect to find a large num- 
 ber of unmarried women in industrv, since thev are not usuallv 
 burdened with household duties. On account of the large num- 
 ber of young girls in the confectionery trade, we find that 76 
 per cent of all the female help are single. We should also ex- 
 pect to find married men predominant, because most men of 
 working age are married. 
 
 The outstanding feature of the following table is the large 
 number of unmarried persons. This fact suggests that because 
 the trade is served in the main by young women, married folk 
 with families dependent upon their earnings cannot readily com- 
 pete. 
 
 ComvQKL Condition 
 
 table IV 
 
 NtTMBEB AND PeB CeNT OF FaCTORT WORKERS 
 
 
 TOTAL 
 
 SINGLE 
 
 MARRIED 
 
 WIDOWED 
 
 OR 
 DIVORCED 
 
 NOT GIVEN 
 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Niun- 
 ber 
 
 Per 
 cent 
 
 Niim- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 
 cent 
 
 M»le 
 
 2.894 
 5.443 
 
 34 
 66 
 
 1.265 
 4.149 
 
 15 
 
 50 
 
 1.467 
 730 
 
 17. 
 9.5 
 
 53 
 262 
 
 .6 
 3.2 
 
 109 
 302 
 
 1 5 
 
 Feniale 
 
 3 2 
 
 
 
 Both 
 
 8.337 1 ino 
 
 5.414 
 
 65 
 
 2.197 
 
 26 5 
 
 315 
 
 3 8 
 
 411 
 
 4,7 
 
 
 
 
 
 
 
 
 
 
 Occupations 
 
 The following list shows the distribution of all employees by 
 sex according to the general character of work performed: 
 
 New York State 
 
 
 Male 
 
 Female 
 
 Confectionery workers 
 
 Plant help 
 
 2,894 
 527 
 466 
 225 
 
 5.443 
 45 
 
 Shipping and delivery 
 
 Office 
 
 23 
 1A& 
 
 
 
 Total 
 
 4,112 
 
 5.676 
 
 
 
';i:-:' 
 
 I 
 
 ■i! 
 
 ■. r^ 
 
 ill 1 : 
 
 308 
 
 Appendix IV — Wage Investigation 
 
 We shall here consider primarily those persons engaged in the 
 processes of making and putting up confectionery and chocolate; 
 The plant help, shipping force, office staff and others will be 
 considered separately in following sections of the report 
 
 Apart from the heat of cooking and the drudgery of carrying 
 things about, making confectionery is not a very strenuous in- 
 dustry. That is, the pace is not so hot as in certain needle 
 trades, nor the work so heavy as in machine and tool making. 
 Piece workers, however, are kept pretty steadily at monotonous 
 work, like sorting nuts. Chocolate dippers are subject to a tem- 
 perature but slightly above 60 degrees F. ; and floor helpers carry 
 trays from warm rooms into coolers. But the figures available 
 for sickness and death show workers in confectionery as a whole 
 to be rather more healthy than the average for their age and sex. 
 The materials used are wholesome. There is little dust except 
 from the starch moulds. Most dippers and packers can sit at 
 their work, and there is often time for others to rest between 
 batches. 
 
 As previously remarked, candy making, pan work and operat- 
 ing heavy machines, are men's trades requiring some skill. 
 Hand dipping and fancy packing are analogous lines for women. 
 But the great body of machine and hand helpers who pick 
 materials and clean products, who mould confections and carry 
 trays, can scarcely be said to have a regular trade. Oonfining 
 the enumeration to those engaged in manufacturing processes, the 
 following table shows the number of persons whose occupations 
 are given, classified according to age and sex. 
 
 It will be noted that nearly two-thirds of the operatives are 
 females, and that comparatively few of these are highly skilled. 
 The brighter girls b^n as wrappers and learn to be fancy 
 packers or try to become dippers. The less able carry trays or 
 sort candy. A few boys who begin as helpers learn to run 
 machines and to make candy. But the majority, after acquiring 
 a certain dexterity, stick to that line for an increase in rate, 
 or drop out of the industry. 'Not infrequently older people un- 
 suited for very heavy work drift into the trade. In the making 
 of chocolate, chewing gum and popcorn, the operations are com- 
 paratively few and mechanical, so that little training is required. 
 
 The Confectionery Industry 
 
 309 
 
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310 
 
 xVppendix IV — Wage Investigation 
 
 
 > ' 
 
 i'. 
 
 As might be expected, the proportion of foreign bom among 
 the unskilled factory workers is large. The percentages vary in 
 different plants, some being manned almost entirely by foreign 
 labor. This is particularly true of chocolate mills and factories 
 where the cheaper grades of confections are made. On the other 
 hand some of the most skilled candy makers are foreigners. The 
 following table shows the distribution by percentages : 
 
 TABLE VI 
 Occupation bt NAxrvmr 
 Per Cbnt of All Factory Workkiu — N«w York State 
 
 
 Total 
 
 Foremen 
 
 and 
 
 fore- 
 women 
 
 Candy 
 makers 
 
 Machine 
 oper- 
 ators 
 
 1 
 Dippers 
 
 Packers 
 
 and 
 wrappers 
 
 Helpers 
 
 General 
 laborers 
 
 Native 
 
 Per cent 
 49 
 51 
 
 Per cent 
 
 4 
 4 
 
 Per cent 
 1.5 
 3. 
 
 Per cent 
 .5 
 1.5 
 
 Per cent 
 8 
 
 4 
 
 Per cent 
 25 
 11 
 
 Per cent 
 9.5 
 25.5 
 
 Per cent 
 0.9 
 3. 
 
 Foreign 
 
 
 Total 
 
 100 
 
 8 
 
 4.5 
 
 2 I »9 
 
 36 
 
 35. 
 
 3.9 
 
 
 
 
 
 
 Rates of Wages 
 
 Many hand dippers and fancy packers, and also a few less 
 skilled operatives are paid on a piece basis. They constitute 
 about 11 per cent of all workers. For these no rates can be 
 given, since they vary with the character of the product A 
 good dipper will turn out over 100 pounds of chocolates per day; 
 a deft packer will put up more than 150 one-pound boxes of 
 mixed bon-bons. Sometimes a flat rate is made for an average 
 task, and more is paid in proportion to output In general, 
 however, fixed time rates prevail in the confectionery trade. 
 These are given by occupations in the following table. The 
 cumulative per cents show the proportion which the sum of all 
 numbers up to a given point bear to the total of the group. 
 
 The figures show that from $8 to $10 a week are the most 
 common rates quoted for male workers, and that $5 is most fre- 
 quently designated for women and girls. The majority of male 
 workers may expect to receive between $8 and $14; most girls 
 and women are hired for from $5 to $7.50. Nearly half of all 
 men and boys receive less than $10, and more than half the 
 females less than 
 
 The Confectionery Industry 
 
 311 
 
 t|S 
 
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312 
 
 Appendix IV — Wage Investigation 
 
 ii ' 
 
 
 1 1 'i 
 
 
 i 
 
 More specifically, the prevailing rates for foremen are from 
 $16 to $25, and for forewomen, from $8 to $13.* The majority 
 of experienced candy makers receive from $12 to $18. Good 
 machine operators are to be had at $11 to $16. Most hand dippers 
 get from $5 to $10, the better ones, $8 and over. Packers and 
 wrappers, who constitute the bulk of female employees, usually 
 receive from $5 to $7 ; while the great mass of male helpers.range 
 from $7 to $12, and the less skilled women, from $4.50 to $6.50. 
 All these rates vary greatly in different lines of work, according 
 to the kind of service demanded. Thus retailing manufacturers 
 require more skilled handworkers than those who make for jobbers 
 only. On the other hand, heavy machinery requires more men 
 workers, although comparatively few of them need be experienced 
 confectioners. The accompanying graph shows the relative im- 
 portance of $5 wage groups for each sex. 
 
 There are also great differences in wages for work that is ap- 
 parently the same. Some firms pay consistly 25 per cent more 
 than their rivals for similar operations. For instance, in one 
 wholesale candy factory in New York City, no ordinary male 
 laborer receives as much as $8 per week ; in another of the same 
 general type, every such person receives over $8. In the former 
 plant no female packer receives as much as $5.50 per week, nor 
 any hand dipper as much as $8. In the other establishment, the 
 majority of women workers in such lines exceed these rates. 
 These divergencies extend to machine processes of identical 
 character. Difference in grade of product may in part explain 
 such variations ; but certain factories have the reputation of pay- 
 ing wages considerably below or above current rates. 
 
 Age differences may sometimes explain such divergencies. 
 Naturally, the general experience and the steadiness of workers 
 will affect their rate of pay. The accompanying graph shows the 
 rate of payment above and below which half of all inciory hands 
 in each age group are found.f (See Plate B, p. 314.) 
 
 * Ij? «acli CMe rates for the middle 50 per cent employed in a line has been taken to show the 
 prevailing tendency, thus omitting extreme instances. 
 
 t The middle case in such a series is called the median, and furmslies a good tsrpe to show the 
 central tendency of a group. 
 
 The Confectioneby Industby 
 
 313 
 

 r'1 
 
 
 i - 
 
 ii 
 
 ii 
 
 '■ I 
 
 v'\\ 
 
 I; 
 
 314 
 
 Appendix IV — Wage Investigation 
 
 ' 
 
 The Confectionery Industry 
 
 315 
 
 The appended table gives the same data for comparison. The 
 majority of men never reach $13, and the representative woman 
 cannot make $7.50. 
 
 TABLE VIII 
 Factoht Workers 
 MBDIA.N Ratb of Waok bt Aqe Groups — New York State 
 
 Aqe Groups 
 
 Male 
 
 Female 
 
 14-15 
 
 S4 40 
 
 6 23 
 
 7 64 
 9 57 
 
 10 76 
 12 11 
 12 62 
 12 89 
 12 27 
 12 28 
 12 50 
 
 $4 31 
 
 5 28 
 
 6 09 
 
 6 99 
 
 7 30 
 7 41 
 6 46 
 6 07 
 5 63 
 5 58 
 4 50 
 
 16-17 
 
 18-20 
 
 21-24 
 
 25-29 
 
 80-34 
 
 35-39 
 
 40H14 
 
 45-54 
 
 65-64 
 
 •5+ 
 
 It will be noted that men attain their maximum rate between 
 the ages of forty and forty-five; women, between thirty and 
 thirty-five are paid highest The rates of wages for adult women 
 as a whole are little more than half those for men of the same ago. 
 The presence of so many unorganized women in this industry 
 undoubtedly has a tendency to hold all wages down. 
 
 To sum up the matter of rates, — over half the minor male 
 employees are paid less than $7.50 a week; and nearly half the 
 adult men factory workers receive less than $11. More than 
 two-thirds of the girls under eighteen are rated below $5.50; and 
 more than half the women shop hands above this age fail to 
 achieve the $6.50 rate. So much may suffice to indicate the gen- 
 eral levels of wages in the industry. 
 
 Actual Earnings 
 A more important matter is to find how much wage earners 
 actually receive for their labor. To determine this, our investi- 
 gators in New York City recorded the amount placed in the pay 
 envelope of each employee for a week in October or late Sep- 
 tember, 1913. Up-state the figures were taken in May and June, 
 1914. In the former case the test was at a season when the candy 
 industry was beginning to work full time and take on additional 
 
 \\ 
 
ii! 
 
 lit 
 
 I 
 
 !■■ > 
 
 ■If 
 
 316 
 
 Appendix IV — Wage Investigation 
 
 help in preparation for tlie Christmas rush. The time selected 
 therefore was one showing the trade when husiness was active — 
 not jet quite at its height, but well above the yearly average. 
 Some new hands were undoubtedly being broken in, but the 
 regulars were also beginning to make extra time or larger pay on 
 increasing piece work. In the case of factories up-state, business 
 was rather slack. But since the numbers taken last winter greatly 
 outweigh those recorded in the spring, the trade as a whole is 
 shown in a favorable light 
 
 Table IX shows the number of persons receiving given earnings 
 according to sex and occupation and also the per cent of each sex 
 earning up to and including the specified amounts. At first glance 
 this distribution appears very like that shown in the preceding 
 table for rates ; but comparison reveals certain diflFerences in the 
 proportion of all workers who fall within each income group. Ac- 
 cording to rates quoted, only 1 3 per cent of the employees were 
 rated under $5. But according to actual earnings, 22.5 per cent 
 of all whose receipts were noted fell below that amount. On the 
 other hand, 63.5 per cent might have been expected to receive 
 more than $5 and less than $10. As a ma1;ter of fact, only 55.5 
 per cent actually received sums between these amounts. For 
 amounts over $10, the proportions based on earnings are also 
 slightly lower than those based on rates. (See Plate €, p. 318.) 
 
 The reasons for this falling in earnings are not far to seek. 
 The better paid employees are salaried persons whose income does 
 not vary greatly on account of slack work or short absences. On 
 the other hand the low paid employees are docked for absence, or 
 are not paid the full amount if their output fills below standard. 
 In one place girls are not paid for any time less than one wedc 
 As the rates are low, many soon become discouraged and leave. 
 Thus the firm gets some work for nothing. 
 
 a 
 
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 The Ck)NFECTioNERY Industry 
 
 J«» -H -H .-n-i ^^ .^ ^^ »-i e< c* ffo eo Z 
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 2 
 
 o 
 
318 
 
 Appendix IV — Wage Investigation 
 
 
 1 
 
 CONFECTIONERY 
 
 New York City 
 Plati C. 
 
 
 RATI lARNINOS 
 
 
 \:llt 855« 8105* «I5? 
 
 THAN ^0 TO AND 
 
 S55« 89** 814** OVER 
 
 Comparison of Rates Quoted and 
 Actual Earnings per Week. 
 
 percent op all employees in factory work. 
 
 The Ck)NFECTioNERY Industry 
 
 319 
 
 Days Worked 
 
 An important factor in determining earnings is the length of 
 time worked. Many employees received less than the prescribed 
 rate because they did not work a full week. The following table 
 shows the days credited (by 67 firms) to 6,362 factory employees: 
 
 TABLE X 
 Days Worked 
 Number and Per Cent of Factory Employees — New York State 
 
 
 total 
 
 NUMBER OF PERSONS WORKING GIVEN NUMBER OF DATS 
 
 
 Persona 
 
 Days 
 
 -1 
 1 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 51 
 2 
 
 Average 
 days 
 
 Male 
 
 Female 
 
 2,141 
 4.221 
 
 12.143 
 23.157 
 
 24 
 110 
 
 29 
 60 
 
 31 
 114 
 
 73 
 194 
 
 279 
 646 
 
 1.654 
 3.094 
 
 5.67 
 5.48 
 
 Total... 
 
 6,362 
 
 35.300 
 
 1 
 
 134 
 
 80 
 
 145 
 
 267 
 
 925 
 
 4.748 
 
 53 
 
 5.54 
 
 Per cent of total workers 
 
 
 2.1 
 
 1.4 
 
 2.3 
 
 4.2 
 
 14.5 
 
 74.7 
 
 .7 
 
 
 It will be seen that while 75 per cent of the persons recorded 
 worked a full week, the rest lost time suflScient to make the average 
 for all a little over five and a half days. Reasons for absences 
 are not recorded, so we do not know if they were due to illness 
 or to celebrations. Over 1,100 female employees lost a day or 
 more. On the other hand, 51 men and 2 women worked an extra 
 day, or were credited with that much overtime. Engineers and 
 mechanics very often make repairs on Sunday. In some cases 
 employees do cleaning or watch the completion of some process on 
 the Sabbath. In one establishment a man was roistered as a 
 candy maker for six days and as a watchman on the seventh. 
 It is only fair to state that all but one of these cases were found 
 in New York City during the busy season. 
 
 Hours 
 Practically all factories run from 50 to 60 hours a week, allow- 
 ing the legal 54 hours for women and for boys under 18 years, 
 and 48 hours for children under 16. A few employers, however, 
 frankly admit to exceeding these limits for young persons and 
 female workers. In the busy season men are often kept an hour 
 or two at night three times a week or every day. 
 
320 
 
 Appendix IV — Wage Investigation 
 
 The usual daily hours are 10 for men, 9 for women and 8 for 
 children. Most firms (38 out of 56 reported) allow one short day 
 a week. This varies from 5 hours to 8 or 9. In the majority of 
 cases, 30 minutes is given for lunch. In 26 places an hour is 
 allowed for women and children. In 19 factories lateness is 
 fined at varying rates — a half -hour's pay for tardiness of 5 or 
 10 minutes being specified in 5 cases. 
 
 The hours actually worked in the week selected for taking wage 
 payments are here shown for factory workers in 67 plants. In 
 many cases the hours were obtainable only by consulting the slips 
 or sheets from the time clock In few places was entry made of 
 hours for piece workers. 
 
 TABLE XI 
 
 Hoi7B8 PER WeKK 
 
 NuifBEB KSJ> Per Cext or Factory Workers bt Aob and Sex — New Y(»k Statb 
 
 HOCRS 
 
 Total. 
 
 48 and under . . 
 Over 48 to 54. 
 Over 54 to 60. 
 Over 60 to 66. , 
 Over 66 to 72., 
 Over 72 
 
 AOBS 
 
 14-15 
 
 Male 
 
 13 
 
 11 
 1 
 1 
 
 Fe- 
 male 
 
 224 
 
 197 
 27 
 
 lft-17 
 
 Male 
 
 81 
 
 19 
 
 27 
 
 27 
 
 3 
 
 4 
 1 
 
 Fe- 
 male 
 
 1,089 
 
 339 
 727 
 
 9 
 13 
 
 1 
 
 IS and over 
 
 Male 
 
 2,384 
 
 223 
 301 
 1,302 
 298 
 206 
 54 
 
 Fe- 
 male 
 
 3.136 
 
 780 
 
 2,268 
 
 69 
 
 8 
 
 21 
 
 Total 
 
 Male 
 
 Fe- 
 male 
 
 2,478 4,449 
 
 253 
 329 
 1.330 
 301 
 210 
 55 
 
 1,316 
 
 3.022 
 
 68 
 
 21 
 
 22 
 
 Per cent of 
 total 
 
 Male 
 
 100 
 
 10.2 
 13.3 
 53.5 
 12.3 
 8.5 
 2.2 
 
 Fe- 
 male 
 
 100 
 
 29.5 
 
 68. 
 1.5 
 .5 
 .5 
 
 It will be noted that according to these entries during one week, 
 88 women and 23 girls worked more hours than allowed by law ; 
 29 children exceeded 48 hours, and 35 males under 18 years went 
 over the 54-hour limit. Only 15 of these violations were found 
 up-state. The following table shows the actual amount of over- 
 time. In computing this, the full time for men according to the 
 usage of the factory was taken as a basis for counting extra hours 
 for males over 18; for women and. minors, the limit fixed by 
 law was used. These facts were noted in 63 plants employing 
 4,626 persons, about equally divided as to sex. 
 
 The Confectionery Industey 
 table xii 
 
 Persons Worxino Ovxrtuix 
 Number and Per Cent — New York State 
 
 321 
 
 
 Total 
 per- 
 sons 
 
 
 
 BOITRS 
 
 OVERTIME 
 
 IN ONE WEEK 
 
 
 
 
 
 Less 
 thanl 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7-9 
 
 10-12 
 
 13-15 16-18 
 
 19 and 
 over 
 
 Male 
 
 635 
 74 
 
 31 
 
 64 
 20 
 
 83 
 33 
 
 35 
 3 
 
 31 
 
 • • • • 
 
 71 
 
 1 
 
 39 
 10 
 
 98 
 4 
 
 122 
 3 
 
 43 
 
 7 
 
 
 Female 
 
 11 
 
 
 
 
 • ••■•• 
 
 Both 
 
 709 
 
 31 
 
 84 
 
 116 
 
 38 
 
 31 
 
 72 
 
 49 
 
 102 
 
 125 
 
 43 
 
 7 
 
 
 
 11 
 
 Cumulative per cent 
 . ofall 
 
 100 
 
 4 4 
 
 11 8 
 
 16.3 
 
 5.4 
 
 4.3 
 
 10.2 
 
 6.9 
 
 14.4 
 
 17.6 
 
 6.1 
 
 
 1.5 
 
 
 
 
 1 
 
 Nora. — Of Uiese, 7 meo and 13 women are reported from up State factories. 
 
 From these figures we calculate that about 4,400 hours over- 
 time were worked in one week by the persons noted. The men 
 averaged about (i.3 hours; the women rather less than half that 
 number (about 3 hours each). This time is ordinarily paid for 
 at the usual rate. 
 
 Obviously there are more hours lost than worked overtime dur- 
 ing the course of a year. The changing seasonal demand for 
 candy and the perishable character of the finer confections explain 
 some fluctuations in working time. Moreover, during the hot 
 months it is difficult to manipulate sticky masses of melted sugar. 
 A few factories run only part time in the summer. 
 
 Seasonal Fluctuations 
 
 The yearly rise and fall of the confectionery trade in the State 
 is shown graphically on the accompanying chart (Plate D). We 
 note that, for the 45 firms in New York City and 16 firms up- 
 state, in operation throughout the year considered, the maximum 
 number of employees, in November, 1912, was over 9,700. The 
 minimum number employed, in the first part of July, 1913, was 
 about 7,100. The annual displacement of workers amoimted, 
 therefore, to 27 per cent of the full quota. 
 
 As for wage payments, indicated on the chart by the broken 
 lines, the difference week by week was much greater than the 
 variation in number of employees, and this is particularly true 
 Vol. II— 11 
 

 >!,:< 
 
 322 
 
 Appendix IV — Wage Investigation 
 
 of the extreme fluctuations. The maximum amount paid as 
 wages in any one week was $79,000, during December, 1912. 
 The lowest weekly total (disregarding the Christmas-New Year 
 holiday period) was $52,600, during the first week of July, 1913. 
 The drop from the highest to the lowest payment was 34 per cent 
 while the two extremes were respectively 25 per cent above and 
 18 per cent below the average for the year. 
 
 The following table presents the main facts regarding fluctua- 
 tions brought out in the chart. 
 
 TABLE XII. A 
 Emplotmknt and Wages 
 
 Averace 
 
 Mazunum 
 
 Minimum 
 
 Increase of maximum over average . . . 
 Increase of maximum over minimum. . 
 Decrease of minimum below average. . 
 Decrease of minimum below maximum 
 
 Number 
 
 of 
 employees 
 
 8.100 
 
 9.720 
 
 7.123 
 
 20% 
 
 37% 
 12% 
 
 27% 
 
 Wsekly 
 
 wsce 
 payments 
 
 $63,400 
 
 79,004 
 
 &2,611 
 
 25% 
 
 50% 
 
 18% 
 34% 
 
 The chart also shows very strikingly the drops in wages paid 
 during weeks that include a holiday. Thus, in the fall of 1912, 
 there are instances of decreases of total wages even while the total 
 number of employees is increasing. There is a drop in the total 
 wages paid for the fifth week, owing to Columbus Bay, generally 
 observed by Italian workers who form an important element in 
 the personnel of the industry ; a sharper drop for the ninth week, 
 owing to Election Day ; and a very large decrease for the twelfth 
 week, which includes Thanksgiving Day, which is taken advantage 
 of by many workers to rest until the following Monday. The 
 largest reduction both in number of employees and in wages 
 paid occurs during the Christmas season. Decoration Day, in 
 the thirty-eighth week; July 4th, in the forty-third week; and 
 Labor Day, in the fifty-second week of the calendar year char- 
 ted, all show appreciable decreases in wage payments, even 
 though the total number of employees remains the same or is 
 actually increasing. 
 
 The Confectionery Industry 
 
 323 
 
 tVVIlOQ HI t39V« IViOi 
 
 i 
 
 f 
 
 6 
 
 tL 
 
 !^ m' 
 
 HI 9 
 
 £s» 
 
 u 
 
 u u 
 
 s 
 
 9^ 
 
 s 
 
 CM 
 
 Id 
 
 h. 
 O 
 
 >:w» 
 
 h 
 
 gS^i 
 
 ui 
 
 ci 
 
 III 
 
 ii' 
 
 Sa3A014H3 iO liaaNflN 
 
ii 
 
 324 
 
 Appendix IV — Wage Investigation 
 
 Shifting 
 
 The fluctuation of the confectionery trade at once suggesta the 
 query as to steadiness of employment Many persons work 
 during the busy season only, and comparatively few remain the 
 entire year. The data on which the following table is 
 based show that of 3,138 workers appearing on the payrolls 
 of 10 establishments in New York City within a year, only 629, 
 or 20 per cent, had been in the employ of the firms for more than 
 10 months. Only 530 (16.9 per cent) had been steadily em- 
 ployed from 49 to 52 weeks. Sixty per cent were engaged 3 
 months only, and more than 40 per cent lees than 5 weeks. 
 
 A similar analysis for factory workers only shows them to be 
 slightly more temporary than the foregoing data indicate. Girls 
 are more numerous and less permanent in tenure than men. 
 Voluntary vacations play a very small part in the year's employ- 
 ment, since most factories don't give them to ordinary shop hands. 
 
 The factories from which these records were taken ordinarily 
 employ from 719 to 1,390 people according to season. The aver- 
 age forces amount to about 953. The extent and rapidity of the 
 shifting is therefore at once apparent. 
 
 TABLE XIII 
 NxjMBBB AKD Pm Cbkt OF Emplotus WoBKiNa GirsN NvMBn or Wuxs uf Ova Ymam — 
 
 Svw York Cnr 
 
 
 
 
 Wbbks Workbd 
 
 MAle 
 
 Female 
 
 Total 
 
 Cumula- 
 tion 
 Percent 
 
 1 or loM 
 
 160 
 
 220 
 
 133 
 
 88 
 
 88 
 
 30 
 
 88 
 
 26 
 
 22 
 
 26 
 
 16 
 
 22 
 
 14 
 
 294 
 
 447 
 
 447 
 
 267 
 
 131 
 
 105 
 
 60 
 
 55 
 
 38 
 
 42 
 
 27 
 
 39 
 
 28 
 
 40 
 
 236 
 
 607 
 
 667 
 
 400 
 
 219 
 
 193 
 
 105 
 
 93 
 
 64 
 
 64 
 
 53 
 
 44 
 
 45 
 
 54 
 
 580 
 
 19.4 
 40.7 
 53.5 
 60.5 
 66.6 
 69.9 
 72.9 
 74.9 
 76.9 
 78.6 
 80.0 
 81.4 
 83.1 
 100.0 
 
 2-4 
 
 5- 8 
 
 9-12 
 
 13-16 
 
 17-20 
 
 21-24 
 
 26-28 
 
 29-32 
 
 33-36 
 
 37-40 
 
 41-44 
 
 45-48 
 
 49-52 
 
 
 ToUl 
 
 1.182 
 
 1.956 
 
 3.188 
 
 100.0 
 
 
 ThB CoNFECTlONEEY INDUSTRY 
 
 325 
 
 a: X 
 
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 jKrlMiBBiiiiL - 
 

 n 
 
 I 
 
 326 
 
 Appendix IV — Wage Investigation 
 
 Annual Eabninos 
 
 For those who had worked steadily, the earnings for every week 
 during a year were tabulated. The records in many establish- 
 ments did not admit of tracing the entire working force for a 
 period of 12 months. In the case of 12 firms in New York 
 City, this was possible, and from payrolls including 1,528 factory 
 hands employed at the time of the investigation, 571 persona 
 were selected who had worked for a period of at least 10 months, 
 during the preceding year. Their actual annual earnings for 
 this period varied from below $200 to over $1,600. The men 
 centered at about $550 ; the women between $300 and $350. 
 
 Upon this basis, the median weekly income for men would be 
 about $11, and slightly above $6 for women. 
 
 Comparing these figures with the actual earnings of persons in 
 the same establishments during a week in October, 1913, we find 
 that the annual averages are somewhat higher. It must be re- 
 membered, however, that the persons on the payrolls for a year 
 are the better employees whose skill or steadiness has led the 
 firms to retain them. The proportion of foremen, candy makers 
 and better paid operatives taken is, therefore, much higher than 
 their usual quota in the establishments. Their average would 
 naturally be above those of their fellows who were soon replaced. 
 The totals are, accordingly, about 11 per cent above the general 
 level of income, without allowing for time lost by those not stead- 
 ily employed. Moreover, the level of wages in the establishments 
 taken was slightly higher than that in the trade as a whole. 
 
 It is important here to note that annual wages for these same 
 persons, when calculated at 52 times their average weekly earn- 
 ings, range about $50 below their income when computed as 62 
 times their last rate of payment. But we have just remarked 
 that these are the steadier and better paid employees. It is, 
 therefore, manifestly unfair to estimate the income of employees 
 from rates quoted for steady workers. 
 
 
 
 11 
 
 3 
 
 M 
 
 3 
 
 •l 
 
 M 
 
 a 
 
 U (L, ^ 
 
 is 
 
 H 
 
 o 
 
 s 
 
 The Confectioneby Industry 
 
 327 
 
 t 
 
 8 
 
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 ss 
 
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 328 
 
 
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 Appendix IV — Wage Investigation 
 
 I 
 
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 ^c*f-4io<-4^ci -ei 
 
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 N 
 
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 3 
 
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 .|8$S$S?S$S9SSSSSSSS3S3SSSo 
 
 The Oonfectionery Industry 
 
 329 
 
 It is patent from the following table tliat the steadier hands 
 are the better paid. Those who stick by their job rise quite 
 steadily month by month as shown below. The fluctuations are 
 probably due to the fact that a few higher paid persons or a 
 number of low paid hands happened to come on at about the same 
 time. 
 
 TABLE XVI 
 AvBBAQB Wbbklt Eabnings bt Nuubeb op Weeks Wobked — New Yobk Citt 
 
 Wkkka Worked 
 
 MALB 
 
 FBMALB 
 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Number 
 
 Cumula- 
 tive 
 percent 
 
 Median 
 earnings 
 
 T.AIM than 1 . ... 
 
 15 
 60 
 33 
 30 
 28 
 
 5 
 15 
 
 9 
 14 
 11 
 
 8 
 
 11 
 
 18 
 
 181 
 
 .5 
 15.2 
 22.8 
 30. 
 36.4 
 37.6 
 41.2 
 43.2 
 46.5 
 49. 
 50.9 
 53.5 
 57.7 
 100. 
 
 $3 52 
 
 5 30 
 
 6 80 
 
 7 25 
 
 6 50 
 
 7 37 
 
 8 08 
 8 12 
 
 8 00 
 
 9 25 
 
 10 00 
 8 87 
 8 50 
 
 11 77 
 
 170 
 
 259 
 
 175 
 
 76 
 
 74 
 
 47 
 
 44 
 
 35 
 
 41 
 
 21 
 
 27 
 
 36 
 
 63 
 
 307 
 
 12.4 
 31.2 
 43.8 
 49.5 
 54.8 
 58.3 
 61.5 
 64. 
 67. 
 68.5 
 70.5 
 72.8 
 77.7 
 100. 
 
 $1 72 
 
 3 98 
 
 4 33 
 4 35 
 4 93 
 4 54 
 
 4 75 
 
 5 64 
 5 25 
 5 15 
 5 04 
 5 75 
 
 5 54 
 
 6 35 
 
 1-4 
 
 5- 8 
 
 9-12 
 
 13-16 
 
 17-20 
 
 21-24 
 
 25-28 
 
 29-32 
 
 33-36 
 
 37-40 
 
 41-44 
 
 45-48 
 
 49-52 
 
 
 Total 
 
 428 
 
 
 
 1.375 
 
 
 Table XVII gives the average weekly earnings of all factory 
 workers on the current payrolls of the factories just considered. 
 The amounts were obtained by dividing the total payments credited 
 to these persons by the firm during the preceding twelve months, 
 by the number of weeks they had been employed in the establish- 
 ment. The figures show, on comparison with those on Table XV, 
 that the amounts received by those workers who had been em- 
 ployed but a short time bring down the general level of earnings 
 below that attained by the steady workers, and indicate that aver- 
 age receipts are less than those found for a representative week. 
 
! 
 
 330 
 
 M 
 
 m 
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 H 
 
 K 
 H 
 
 OQ 
 
 Q 
 
 ■< 
 
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 O 
 
 
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 H 
 
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 p. 
 
 ^ 
 
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 H 
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 Q 
 K 
 
 8 
 
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 c 
 
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 M 
 
 1 
 
 o 
 
 P 
 
 I 
 
 o 
 
 O 
 
 Appendix TV — Wage Investigation 
 
 
 k. 5 "^ 
 5 5 ■< 
 
 ill! 
 
 
 
 U OS 
 
 s 
 S 
 
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 a 
 
 g 
 
 w 
 
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 S33$S3S9S$3S8g«tSS33SS3S3 «' 
 
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 ^^«^e,e«^».«^i-i^e>« 
 
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 » 
 
 S 
 
 I 
 
 The Confectionery Industry 
 
 331 
 
 Expebibnob 
 
 Table XVIII shows the correlation between age and experience 
 for both sexes. Data not here presented show that most males 
 engaged in the confectionery industry work pretty steadily from 
 the age when the law allows. The women too are wage earners 
 until about 30, when domestic cares doubtless claim the energies 
 of most They then rapidly withdraw, until, after middle age, 
 incapacity on the part of the principal wage earner or other 
 family necessity sends some back into industry, for perhaps 10 
 years longer. Then they rapidly drop out 
 
 Experience in the confectionery industry follows the same gen- 
 eral course, save that the time in this trade is shorter — roughly 
 half the working years — showing conclusively that many of the 
 older workers had been engaged in other lines before taking up 
 their present occupation. A similar statement applies to time 
 with the firm where found. Most seasoned confectionery workers 
 had had about half their experience elsewhere. 
 
 TABLE XVIII 
 Ybab8 or Experience (Median) by Aqe 
 Aix F^tTORY Employer** — New York State 
 
 
 IN trade 
 
 WITH 
 
 FIRM 
 
 AoK Group 
 
 Male 
 
 Female 
 
 Male 
 
 Female 
 
 
 Yeara 
 
 Months 
 
 Years 
 
 Months 
 
 Years 
 
 Months 
 
 Years 
 
 Months 
 
 14-15 
 
 16-17 
 
 18-30 
 
 21-24 
 
 21^-29 
 
 1 
 
 2 
 
 3 
 
 5 
 
 8 
 
 11 
 
 11 
 
 20 
 
 27 
 
 .10 
 .8 
 
 2 
 
 5 
 
 9 
 
 9 
 
 2 
 6 
 8 
 6 
 
 2 
 4 
 6 
 6 
 5 
 3 
 3 
 3 
 
 8 
 10 
 10 
 
 4 
 4 
 6 
 4 
 2 
 6 
 4 
 .8 
 
 1 
 1 
 3 
 4 
 5 
 5 
 7 
 13 
 
 .10 
 
 .8 
 
 .10 
 
 5 
 
 8 
 
 1 
 
 10 
 
 10 
 
 1 
 
 8 
 
 
 
 1 
 2 
 3 
 2 
 2 
 2 
 2 
 3 
 
 7 
 9 
 5 
 9 
 6 
 10 
 6 
 2 
 3 
 3 
 .4 
 
 ao-34 
 
 36-39 
 
 40-44 
 
 46-54 
 
 56-64 
 
 65 and over 
 
 Only 3 women over 6n here recorded. 
 
 Length of time in the trade or with the firm also has a bearing 
 upon earnings. Ordinarily we should expect those who had been 
 in the business for several years to be more valuable workers than 
 newcomers. And their usefulness would normally increase until 
 advancing age slackens their energy. The following tables and 
 graph show the number of persons enumerated according to years 
 of experience in confectionery and with the firm where found. 
 They also show the wage above and below which half the people 
 in each year group are distributed. 
 
332 
 
 Appendix IV — Wage IwvEaTiOATiow 
 
 i 
 
 i ! ' 
 
 
 TABLE XIX 
 Eakninos and Tkadb Expbbibncb 
 
 NlTMBEK AND pER CeNT 0» AlL EmPLOTXSS BT TbaBB IN TftADB, AND MbDIAN WbBKLT 
 
 Earnings — New York Statr 
 
 Tbahs op Expbribncb 
 
 MAUI 
 
 PRMALB 
 
 
 Number 
 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Leas than 1 
 
 721 
 
 381 
 
 198 
 
 174 
 
 161 
 
 128 
 
 111 
 
 113 
 
 97 
 
 62 
 
 258 
 
 107 
 
 161 
 
 72 
 
 52 
 
 41 
 
 16 
 
 25.4 
 38.8 
 45.8 
 52. 
 67.7 
 62.2 
 66.1 
 69.7 
 73.4 
 76.7 
 85. 
 88.6 
 94. 
 96.4 
 98.3 
 99.4 
 100. 
 
 $7 37 
 
 8 69 
 
 8 80 
 
 10 30 
 
 10 68 
 
 10 68 
 
 11 08 
 
 12 28 
 11 86 
 14 33 
 14 02 
 
 14 50 
 
 15 60 
 
 16 46 
 19 10 
 16 88 
 16 12 
 
 1.938 
 
 806 
 
 604 
 
 466 
 
 292 
 
 191 
 
 172 
 
 140 
 
 144 
 
 TO 
 
 264 
 
 112 
 
 40 
 
 17 
 
 4 
 
 6 
 
 36.6 
 62.3 
 63.7 
 72.2 
 77.8 
 81.5 
 84.6 
 87.6 
 90. 
 91.6 
 96.6 
 98.5 
 99.4 
 99.8 
 99.9 
 100. 
 
 
 1 
 
 $4 86 
 
 2 
 
 6 64 
 
 3 
 
 6 07 
 
 4 
 
 6 46 
 
 5 
 
 7 06 
 
 6 
 
 7 29 
 7 60 
 
 7 
 
 8 
 
 8 16 
 8 20 
 8 26 
 
 8 71 
 
 9 66 
 10 72 
 
 8 62 
 6 60 
 
 9 
 
 10-14 
 
 16-19 
 
 20-24 
 
 25-29 
 
 30-34 
 
 36-44 
 
 45 and over 
 
 7 60 
 
 
 
 Total 
 
 2.842 
 
 
 
 6.265 
 
 
 
 TABLE XX 
 
 Earninos and Tbrm of Emplotmrnt 
 
 Number and Prr Cent op All Emplotrbs bt Ybarb with Firm, aitd Mbdian Wuklt 
 
 Earninos — Nrw York State 
 
 
 MALR 
 
 PRMALB 
 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Number 
 
 Cumula- 
 tive 
 per oeoi 
 
 Median 
 eamiiigs 
 
 Leas than 1 
 
 1.005 
 
 383 
 
 225 
 
 199 
 
 152 
 
 131 
 
 98 
 
 93 
 
 81 
 
 66 
 
 199 
 
 83 
 
 80 
 
 33 
 
 17 
 
 8 
 
 36.2 
 48.8 
 56.5 
 63.5 
 60.2 
 73.8 
 77.4 
 80.5 
 83.4 
 85.6 
 92.3 
 96.1 
 98. 
 99.2 
 99.7 
 100. 
 
 S7 63 
 9 40 
 9 78 
 
 11 02 
 
 12 04 
 
 11 46 
 
 12 15 
 
 13 38 
 12 96 
 
 14 80 
 
 14 22 
 
 16 86 
 
 15 00 
 
 17 40 
 
 18 50 
 18 00 
 
 2.424 
 
 877 
 
 663 
 
 410 
 
 263 
 
 166 
 
 134 
 
 117 
 
 92 
 
 66 
 
 181 
 
 82 
 
 26 
 
 7 
 
 2 
 
 2 
 
 46.2 
 61.8 
 72.3 
 79.8 
 84.6 
 87.6 
 90. 
 92.1 
 03.8 
 96. 
 08.2 
 00.2 
 09.7 
 90.8 
 00.0 
 100. 
 
 84 04 
 
 6 83 
 
 I 
 
 2 
 
 3 
 
 6 33 
 
 4 
 
 6 80 
 
 7 37 
 7 70 
 
 7 80 
 
 8 48 
 8 60 
 8 68 
 8 66 
 64 
 
 10 50 
 8 60 
 7 00 
 
 10 00 
 
 6 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10-14 
 
 16-19 
 
 20-24 
 
 25-29 
 
 30-34 
 
 35-44 
 
 45 and over 
 
 Total 1 
 
 2.843 
 
 
 
 6.360 
 
 
 
 The Confectioneey Industry 
 
 333 
 
 Afl shown by Table XIX, half the men do not get $11 until 
 they have been 6 years in the business, nor $15 until after 20 
 years. Half the women do not attain $7 until after four years 
 of experience, nor $8 until after seven years of work. Less than 
 4 per cent stick long enough to put their median earnings above 
 the last figure. 
 
 It will be noted that 33 per cent of all employees had been 
 in the confectionery business less than a year, and over 57 per 
 cent less than 3 years. The girls are much briefer in their stay 
 than the men. Less than 9 per cent of the women had been in 
 the trade 10 years or more, whereas more than 24 per cent of 
 the men had been in the business so long. Naturally the terms 
 of employment with the firm are of shorter duration. More 
 than half had been in the establishment. where found less than 
 two years. This brief connection may also partly account for 
 low wages. 
 
 Tables XIX and XX also show the middle wage for each 
 group of persons working a given number of years. From the 
 data presented in the foregoing analysis of age and experience, 
 certain general conclusions as to progress in earning capacity 
 may be drawn. It is reasonably sure that a person who has 
 been engaged for seven years in this industry is no longer a 
 minor; and he or she is probably over 30 years of age, having 
 come into the confectionery trade after attaining majority. The 
 progression of earnings with experience is shown in the tables. 
 It is interesting to note that after 7 years' work in this line, 
 the ordinary man earns about $13, and the run of women lees 
 than $9. Those who stick to the firm fare a little better, espe- 
 cially in the case of beginners and also a few old employees, some 
 of whom are retained virtually as pensioners. 
 
 It may perhaps strike the reader that we have confused the 
 relation between experience and earnings by lumping together 
 all sorts of help from foremen to laborers. In order to find 
 whether the relatively skilled occupations show similar tenden- 
 cies, we herewith present a parallel treatment of the data for 
 
I 
 
 w 
 
 334 
 
 Appendix IV — Wage Investigation 
 
 m 
 
 i ; I 
 
 SiYllOQ HI S9lllll«Ya AlXaJA 
 
 %n 
 
 
 kf 
 U 
 
 C9 lU 
 
 -I I I L. 
 
 m 
 
 \ : 
 
 I i» 
 
 The Oonfectioneey Industry 
 
 335 
 
 the male candy makers and female hand dippers — the most 
 skilled lines in the trade. A comparison of this table with the 
 last one shows no marked differences, but only a slightly higher 
 level for women. Of course, we do not know just how many 
 years these persons have been making candy or dipping choco- 
 lates, but the majority of women cannot pass $10 after any num- 
 ber of years experience, nor do the run of candy makers ever 
 get more than $17. 
 
 TABLE XXI 
 
 Mbdian Eabnim gs and Time in Trade of Skilled Workbrb — Number and Per Cent 
 BT Years in Trade, and Median Weekly Earnings — New York State 
 
 Ye ARK IN THE TrADE 
 
 CANDt 
 
 MAKERS — 
 
 MALE 
 
 DIPPERS FEMALE 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 eamingfl 
 
 Number 
 
 Cumula- 
 tive 
 per cent 
 
 Median 
 earnings 
 
 Lean than 1 
 
 11 
 8 
 7 
 11 
 16 
 16 
 22 
 28 
 22 
 14 
 62 
 30 
 39 
 16 
 16 
 16 
 1 
 
 3.3 
 5.7 
 7.8 
 11.1 
 15.8 
 20.6 
 27.2 
 35.6 
 42.2 
 46.4 
 65. 
 74. 
 85.5 
 90.5 
 94.8 
 99.7 
 100. 
 
 S9 50 
 
 10 25 
 7 88 
 
 11 50 
 
 12 50 
 
 13 00 
 13 50 
 13 33 
 13 50 
 15 50 
 
 15 00 
 
 16 50 
 
 16 12 
 
 17 30 
 
 15 25 
 
 16 80 
 16 00 
 
 155 
 
 120 
 
 131 
 
 120 
 
 79 
 
 44 
 
 49 
 
 45 
 
 49 
 
 26 
 
 92 
 
 54 
 
 17 
 
 7 
 
 2 
 
 1 
 
 15.6 
 28. 
 41. 
 53. 
 61. 
 65.6 
 70.6 
 75. 
 80. 
 82.8 
 91.9 
 97.3 
 99.2 
 99.8 
 99.9 
 100. 
 
 S4 94 
 
 1 
 
 5 95 
 
 2 
 
 6 97 
 
 3 
 
 7 13 
 
 4 
 
 8 40 
 
 5 
 
 8 38 
 
 6 
 
 9 29 
 
 7 
 
 9 07 
 
 8 
 
 8 €8 
 
 9 
 
 10 13 
 
 10-14 
 
 9 27 
 
 16-19 
 
 9 40 
 
 20-24 
 
 10 12 
 
 2S-29 
 
 7 25 
 
 30-34 
 
 7 00 
 
 36-44 
 
 8 00 
 
 45 and over 
 
 
 
 
 Total 
 
 334 
 
 
 
 991 
 
 
 
 
 
 Advance in Wages 
 Table XXII shows the number and per cent of all employees in 
 four New York City factories, whose rate of pay was increased 
 during a year. It will be seen that over a sixth received an 
 advance — the men more often than the women in proportion to 
 their respective numbers. The usual amount for both was 50 
 cents or $1 a week. The firms considered are wholesale manu- 
 facturers in Brooklyn and Manhattan. 
 
 4'. 
 
I .'I 
 
 336 
 
 Appendix IV — Wage Investigation 
 
 TABLE XXII 
 
 Wage Incbeasi in One Year 
 
 Number and Per Cent or by Sex -All Emplotees ,n Four Factories-New Yore Ctt 
 
 
 Male 
 
 Female 
 
 Both 
 
 Per cent 
 oCaU 
 
 Total number employed. . . 
 
 626 
 
 820 
 
 1.446 
 
 100. 
 
 Amount of Adtanet 
 No advance 
 
 509 
 
 688 
 
 1.197 
 
 
 
 82.8 
 
 10 25-10 49 
 
 4 
 
 33 
 39 
 
 11 
 13 
 9 
 2 
 5 
 1 
 
 11 
 75 
 32 
 3 
 6 
 4 
 
 1 
 
 
 
 60- 90 
 
 15 
 
 106 
 
 71 
 
 14 
 
 19 
 
 18 
 
 2 
 
 6 
 
 1 
 
 1. 
 
 1 00- 1 49 
 
 7.5 
 
 1 50- 1 99 
 
 4.9 
 
 2 00- 2 99 
 
 1. 
 
 3 00- 3 99 
 
 1.3 
 
 4 00- 4 99 
 
 .9 
 
 5 00- 5 99 
 
 
 6 00- 6 99 
 
 .4 
 
 Tot«l numF>pr advanced . . . 
 
 117 
 
 132 
 
 249 
 
 17.2 
 
 Wages and Marriage 
 It is to be expected tliat married people will require higher 
 wages to support their families than single persons need. Our 
 figures show that both married and single people range from one 
 end of the wage scale to the other. NaturaUy, those who are 
 married are older, and profit by maturity. Again, those who 
 have io support others are apt to be steady workers. Accord- 
 ingly, we find the representative married man somewhat higher 
 in the wage scale than a bachelor. Taking all factory employees 
 m the industry, the former earns between $11 and $12; the 
 latter between $8 and $9. For women the difference is not so 
 great. It appears that in their case the deftness of youth outr 
 weighs the experience of years, as shown below. Widows ap- 
 pear to be good workers — of necessity, perhaps ; while widowers 
 are apparently somewhat less steady or less vigorous than their 
 married brethren. The wage here indicated is that received by 
 persons midway between high and low extremes. 
 
 TABLE XXni 
 Factory Workers 
 Median Wage by Conjugal Condition — New York State 
 
 
 Male 
 
 ■■J 
 Female 
 
 Single 
 
 $8 60 
 
 11 78 
 11 50 
 
 $5 80 
 
 5 84 
 
 6 00 
 
 I 
 
 Married 
 
 Widowed 
 
 t _ 1 ■_ 
 
 f 
 
 ^ 
 
 I 
 
 I, 
 
 The Confkctionkry Industry 
 
 337 
 
 Earnings and Nativity 
 As before remarked, immigrants tend to fill in the less skilled 
 occupations in the confectionery trade. Therefore, as a rule, 
 they receive lower wages. Taking all factory workers together, 
 we find that native male employees center about $10.93 and 
 foreign males at $9.84. Half the native females earn over $6.36 
 whereas less than half the foreign born women reach $5.67. 
 It must be remembered, however, that there are comparatively 
 few native adult men and many native girls engaged in manu- 
 facturing processes. The discrepancy in earnings is therefore 
 greater than it appears, because of different proportions by a^^e 
 and sex. 
 
 Status of the Trade 
 
 In conclusion it may be stated that the confectionery trade is 
 one that is capable of earning large profits for the entrepreneur. 
 The rapid growth of the industrs^ within recent years is ample 
 proof of this. A wholesale merchant asserted that his candy 
 taken together did not cost more than 121/2 cents a pound ; and 
 although profits were stated to be less than 1/2 cent a pound, it 
 was admitted that the annual output was several million pounds. 
 
 Of total costs, labor is a comparatively small proportion. The 
 Thirteenth Census gives 13 per cent as the share for wages. The 
 principal expense is for materials. Only in the higher grades of 
 goods is skilled manipulation essential. 
 
 The general tendency in the industry has been for women to 
 oust men, and for machines to displace both. As the mechani- 
 cal improvements increase, boys are taking the place of girls in 
 many lines and foreigners are pressing in. The cheapening of 
 the process has cut wages, while the influx of immigrants has 
 prevented organization and has kept rates down. 
 
 The following summary from the last Federal Census indi- 
 cates the development of the confectionery industrv in the United 
 States during the last six decades. It furnishes a suitable con- 
 clusion for this section of the report 
 
 i 
 
338 
 
 Appendix IV — Wage Investigation 
 
 I 
 
 ] : 
 
 lii 
 1*1 
 
 GROWTH OF THE CONFECTIONERY INDUSTRY IN THE UNITED STATES 
 
 Year 
 
 Number 
 of estab- 
 lishments 
 
 Wage 
 
 earners 
 
 (average 
 
 number) 
 
 1009 
 
 1.944 
 
 44,638 
 
 1904 
 
 1.348 
 
 .•^6.2.39 
 
 1899*.. 
 
 962 
 
 26,866 
 
 1889.. 
 
 2.921 
 
 21.724 
 
 1879 
 
 1.450 
 
 9.801 
 
 1869 
 
 949 
 
 5.825 
 
 1859 
 
 541 
 
 2,r?40 
 
 1849 
 
 liHli 
 
 1,733 
 
 Wages 
 
 fl5.61.->..{XS 
 
 11.699.2.'>7 
 
 8.020. 4.'>;J 
 
 7,783.007 
 
 3.242,8,52 
 
 2.091.82r, 
 
 688.423 
 
 458,904 
 
 Co«t of 
 materials 
 
 »81,150.77:{ 
 48,810.312 
 35,354.2aS 
 31,116.629 
 17,125.776 
 
 8,7a3.5fin 
 
 2.990,186 
 1,691..S24 
 
 Value of 
 products 
 
 $134,795,913 
 87.087.253 
 60.643.946 
 65,997.101 
 25.637.033 
 15,922.643 
 5.361,100 
 3,040,671 
 
 Value 
 
 added by 
 
 manufacture 
 
 $.>3.645.140 
 
 38,276.911 
 
 25,289.738 
 
 24.880.472 
 
 8.511,258 
 
 7.219.083 
 
 2. .370. 914 
 
 1,348.847 
 
 Small shops no longer counted. 
 
 According to these returns, the wage earners have been multi- 
 plied 26 times; the wages paid, 34 times; the value added in 
 manufacture, 40 times; the value of the product, 48 times; and 
 elsewhere it is reported that the capital involved has increased 68 
 fold. The question now arises whether the workers are receiving 
 their share in this growing industry. 
 
 An adequate answer to this question would require a more de- 
 tailed analysis of better cost and financial accounts than we have 
 been able to obtain. Most manufacturers do not keep records 
 showing the efficiency of factory workers or the value of the 
 product at various stages of completion. An employee ia 
 " worth " as much as he can get according to the general level of 
 the labor market. How much he actually earns by adding, 
 through his labor, value to the product, is not known. 
 
 As to net profits, we are unable to report, because manufac- 
 turers objected seriously to revealing complete financial accounts. 
 It is generally agreed, however, that the selling price of sweets 
 is well above their cost, the materials being the principal item of 
 expense. The rapid turnover of capital and its remarkable in- 
 crease, as shown by the Census figures quoted above, indicate that 
 the business is not unprofitable. 
 
 n 
 
 VI. COVERED AND CELLULOID BUTTON 
 FACTORIES IN NEW YORK CITY 
 
 By Roswell Skeel, Je. 
 
 Scope of Investigation, — In this investigation I have scheduled 
 19 celluloid button and 40 covered button establishments and 
 have secured returns from 916 workers. So far as I can ascer- 
 tain, my schedules include about all of the celluloid button manu- 
 facturers in the borough of Manhattan, some of which make cov- 
 ered as well as celluloid buttons. The concensus of opinion seems 
 to be that there are about 150 establishments in Manhattan borough 
 manufacturing covered buttons exclusively. Based upon this 
 number I have scheduled more than one-fifth of the total, but as 
 my schedules include all of the largest concerns I estimate that I 
 have secured the individual returns of about one-fourth to one- 
 third of all the covered button factory employees. 
 
 Covered Buttons 
 
 Process of Manufacture. — This process may be briefly described 
 as follows : The metal button parts of a great variety of size and 
 pattern known as " backs " or " collets," " rims," and " centers," 
 are cut out from sheet metal on power presses fed by hand. The 
 fabrics for covering these metal parts are cut by hand with a 
 mallet and hollow tubular chisels of different patterns, these 
 pieces of cut fabrics being known as "blanks." The canvass 
 shanks, by which the buttons are fastened to the garments, are also 
 cut by hand with hollow chisels. The shank is inserted in the 
 " back " or " collet " by the button maker on a foot press equipped 
 with the requisite steel die. This operation is known as " back- 
 ing" and usually includes the insertion by the foot press 
 mechanism of a card board filler. The button makers cover the 
 centers or the rims with the fabric blanks on the foot presses 
 equipped with steel dies, simultaneously joining these covered 
 parts to the backs, which is called " covering," and which com- 
 pletes the making of the button. The foot press dies are patterned 
 to correspond in size and shape to the button parts to be covered. 
 
 1339] T 
 
 . 
 
il 
 
 1 
 
 J ' 
 
 lii 
 
 III 
 
 340 
 
 Appendix IV — Wage Investigation 
 
 Development of the Industry,— For man^- years past covered 
 buttons have been manufactured by this process, but until within 
 the past few years the fabric coverings were of staple patterns and 
 chiefly in black. Until about six years ago the industry was in 
 the hands of a few comparatively large concerns, who made their 
 own metal parts and dies, and who kept a fairly uniform force 
 of employees at work. The year 1908 was a '' banner year" in 
 covered buttons, and at about that time the *' cloth covered button 
 to match exact" came into vogue, which greatly increased the 
 use of covered buttons. These " aelf-materiar' buttons, as they 
 are called, are made by covering the metal parts with the same 
 materials as that from which the garments are made, the covers 
 for such buttons beina cut out by the button makers from the 
 waste clippings which fall from the cutting machines of the 
 garment manufacturers. 
 
 About ten years ago one of the makers of butt/m machines put 
 on the market a small lian«l press and ready-made metal button 
 parts of various sizes, designed to enable dry goods and notion 
 dealers, tailors, dressmakers, and small garment manufacturers 
 to effect an economy and convenience by covering their own but- 
 tons. Out of the success of this venture and its wide advertise- 
 ment grew the manufacture of metal parts and dies designed for 
 covering cloth or self-material covered buttons on the regular 
 standard button foot presses. It will be seen that the advent of 
 the part and die makers created the opportunity to engage in the 
 manufacture of covered buttons on a small scale with an inex- 
 pensive plant, consisting of a few f(X)t presses, dies, and a stock 
 of button parts. The desire of certain elements in our foreign 
 population " to get into business for oneself " even on the smallest 
 scale, is well known, and the opportunity here presented was 
 promptly seized upon, as evidenced by the large number of small 
 covered button makers employing from two to ten hands acc/)rd- 
 ing to the season. I found one such paying a rental of $18.00 
 per month, his entire equipment consisting of six presses, costing 
 $12.00 each, a cutting block and chisels, and a small stock of dies 
 and parts. Some of the supply houses sell this equipment on (he 
 installment plan under a chattel mortgage, which further reduces 
 the amount of ready capital required. It is needless to say that 
 many of the proprietors of these small covered button factories 
 
 The Button Industry 
 
 341 
 
 do their own cutting, or operate a foot press. They rarely make 
 buttons of staple patterns for sale in the open market, their work 
 being confined to orders direct from the cloak and suit and dress 
 and waist manufacturers. The extreme competition has resulted 
 in a demoralization of the business. About six months ago an 
 association of covereil button manufacturers was formed with a 
 view to maintaining a reasonable scale of prices, but all to no 
 purpose, as rebating by the ^' small fry " soon began. Under this 
 system of unbridled competition among so many small manu- 
 facturers, the occupation of button making has become dis- 
 tinctly seasonal, following the season of the cloak and suit in- 
 dustry, although as evidenced by the payroll of one of the old 
 concerns, it is quite possible for a covered button manufacturer 
 who makes his own parts and dies to keep together a force of em- 
 ployees whose numbers vary but little from week to week, as his 
 button makers can be employed in making metal parts and in 
 " backing " and " piercing " during the slack season, and in 
 " covering " during the busy season. This refers to the manu- 
 facture of covered buttons of staple patterns for the open market. 
 Of course the making of self-material covered buttons on special 
 orders necessarilv follows the seasons of the cloak and suit and 
 dress and waist industriess. 
 
 Celluloid Buttons 
 
 Process of Manufacture, — Celluloid buttons are made in a 
 great variety of shapes and colors from metal and celluloid. 
 These materials in sheets are cut out on power presses or foot 
 presses fed by hand, or on lathes, into different flat shapes called 
 " backs " and " blanks," and also on power presses into shaped 
 or flat " rims." The blanks are then shaped or moulded into 
 " parts " by the button makers on foot presses equipped with dies 
 of the requisite pattern, the die being heated by an electric or 
 Bteam attachment to provide the necessary elasticity in shaping 
 or moulding celluloid blanks. By means of the foot press dies the 
 button maker then joins together the back and the parts, which 
 is called " closing," thus completing the button. A card board 
 filler is usually inserted to provide solidity. As in the covered 
 button industry the two part buttons are known as " plain " but- 
 tons, while buttons consisting of three or more parts are called 
 
Ifi 
 
 342 
 
 Appendix IV— Wags I^vestigatioiN 
 
 The Button Tndt stry 
 
 343 
 
 " combinations.'' Many of theee buttonB are polished on power 
 
 buffs. In some styles made whoUj from celluloid the '* parts " 
 
 are pasted together by hand and shaped and smoothed by means 
 
 of a special power driven lathe, which process is called - frazing." 
 
 The sheet metal from which the black japanned backs are cut is 
 
 japanned and baked in a steam heated oven before being fed 
 
 into the power presses. This baking process prevents the cracking 
 
 of the japanned surface by the power press cutting dies. The 
 
 oeUuloid is colored by a spraying apparatus^ and stencils of many 
 
 different patterns are used to obtain a great variety of color effects. 
 
 Another method of coloring is to dip the finished button by hand 
 
 into Uquid coloring matter, and the coloring is further diversified 
 
 by a process of enamelling and also by hand decorating. In some 
 
 styles of all celluloid hollow buttons the parte are pasted together 
 
 by hand and polished by band with sandpaper. 
 
 Development of the Industry.— Although celluloid has long 
 been used in very limited quantities in the manufacture of buttons 
 It was not until about ^yo years ago that some of the manufac- 
 turers of plated metal and covered buttons began the making of 
 fancy ceUuloid buttons. These have largely superseded the older 
 ornamental plated button in the cloak and suit trade. The in- 
 dustry is in the hands of comparatively few firms with sufficient 
 capital to own the machinery necessary for making the metal parte 
 and dies, and for the polishing, frazing, etc. These celluloid 
 buttons are of such great variety of shape and size that it would 
 be practically impossible for supply houses to standardize the 
 patterns, as has been done in the covered button industry. A 
 few of the ceUuloid button makers also manufacture covered 
 buttons, but as a rule make these buttons only for the trade in 
 general and of black fabrics, and do not attempt to compete with 
 the numerous small manufacturers in the making of the self- 
 material covered buttons on direct orders from the cloak and suit 
 houses. Competition is increasing among the celluloid l)utton 
 makers, and new competitors of smaller capital are springing up. 
 As the buttons are sold to the cloak and suit manufacturers, the 
 industry appears to be necessarily seasonal. The kinds of buttons 
 m vogue by the cloak and suit designers vary from year to year, 
 so the button manufacturers must wait for an indicated demand! 
 
 Tabulations 
 
 Space hardly justifies separate tabulations of the schedules I 
 have taken in these two kinds of button manufacture. The Imtton 
 makers form the majority of the employees in both industries, and 
 their work is very similar. As before stated, a few of the celluloid 
 button establishments also manufacture covered buttons with 
 fabric one day and closing celluloid buttons the next. For the 
 above reasons the tabulations are made in single tables for both 
 industries. In covered button establishments, which do not make 
 the metal parte and press dies, the only employees directly engaged 
 in the manufacturing process are the cutters and button makers. 
 
 Personnel. — The only noteworthy feature of Table I, classify- 
 ing the employees by sex and age, is the preponderance of 
 workers under 25 years of age, of whom there are 675 out of a 
 total of 916, that is to say, 73.6 per cent 
 
 TABLE I 
 Sex and Age 
 
 Years 
 
 Male 
 
 Female 
 
 14-15 
 
 42 
 
 122 
 
 165 
 
 126 
 
 77 
 
 34 
 
 21 
 
 13 
 
 26 
 
 3 
 
 1 
 
 
 
 f0 
 
 16-17 
 
 18-20 
 
 fli 
 at 
 n 
 u 
 
 § 
 t 
 
 2 
 
 21-24 
 
 26-29 
 
 30-34 
 
 35-39 
 
 40-44 
 
 45-64 
 
 55-64 
 
 65 + 
 
 
 
 
 
 630 
 
 286 
 
 Table II, giving the conjugal condition, shows that there are 
 756 single persons out of a total of 916, so that 82.5 per cent 
 of all are unmarried. The large proportion of youthful single 
 males indicate that expected earnings are low. 
 
 TABLE II 
 Conjugal Condition 
 
 
 
 Male 
 
 Female 
 
 Single 
 
 601 
 
 124 
 
 5 
 
 255 
 
 9 
 
 22 
 
 Married 
 
 Widowed or divorced 
 
 
 630 
 
 286 
 
344 
 
 Appendix IV — Waqb Investigation 
 
 The Button Industry 
 
 345 
 
 r t 
 
 Table Til classifies the employees by nativity. About three- 
 fourths were bom in foreign countries, that is, 671 out of 910, 
 hence we see that 73.2 per cent of all are foreign boijL Thir- 
 teen different countries are Tepresented. It will be noted that 
 more than two-fifths of the total foreign bom are Russians. 
 Many of the foreign employees are recent arrivals in this coun- 
 try and speak little or no English. Factory proprietors have 
 frequently said to me " I don't see how you can take those cards 
 as so many of the employees don't speak English.'' The major- 
 ity of the single males are not members of a family group and 
 live as boarders, as do the married males whose wives are in 
 Europa 
 
 TABLE III 
 Nativiti 
 
 
 Male 
 
 Female 
 
 Native 
 
 107 
 312 
 
 94 
 
 73 
 8 
 
 12 
 1 
 4 
 
 10 
 6 
 2 
 1 
 
 
 13M 
 
 RUMUUl 
 
 76 
 
 Austruui 
 
 28 
 
 iM^Mftri 
 
 90 
 
 '^niian 
 
 RniiTDanian 
 
 
 Iriah 
 
 
 
 
 Hungarian 
 
 
 Turkiiih 
 
 
 South American 
 
 
 Dutch 
 
 
 Greek 
 
 
 
 
 
 630 
 
 286 
 
 Occupations. — The employees are usually obtained by ad- 
 vertisements in the newspapers, learners as well as experienced 
 hands. An occasional tool maker's apprentice is found. The 
 only skilled employees are the tool makers, using the term skilled 
 in the sense of having to serve an apprenticeship of several 
 years to learn how to perform the required task. Excepting cer- 
 tain operations in spraying, japanning and hand decorating, all 
 of the occupations are easily learned, and in all such, skill means 
 speed and accuracy. Excepting the aforesaid employments the 
 occupations are all monotonously mechanical. None of the oc- 
 cupations can be said to be " speeded up " to such paces as obtain 
 in the needle trades ; nor is any of the work " heavy." Almost 
 all of the celluloid button establishments keep their tool makers 
 
 the yeaar round, and the die setters and sprayers and japanners 
 have pretty steady employment, and a considerable number of 
 the power press hands work the year roimd. The button makers, 
 polishers and other miscellaneous employments are decidedly 
 seasonal. A large majority of the factory employees sit at their 
 work. There are no unwholesome conditions to contend against 
 in the covered button industry, and only the occupation of spray- 
 ing in celluloid button making may be detrimental to health un- 
 less properly safeguarded. The banana oil used in the coloring 
 liquids give off highly pungent fumes which are very irritating to 
 the lungs and throat. In spite of the suction fans placed di- 
 rectly over the spraying table the atmosphere of some spraying 
 rooms is so irritating to the bronchial tubes that it is difficult to 
 believe that the health of the employees who work in these rooms 
 can be unaffected, yet none of these sprayers of whom I asked 
 the question complained of any ill effects. 
 
 It will be noted in Table IV that the button makers comprise 
 48.6 per cent of all the employees. To give an idea of the 
 monotony of the button maker's task it may be noted that to 
 "cover" 30 gross of buttons per day (an ordinary average) he 
 would have to press forward the power press foot pedal 8,640 
 times, and would have to make alwut 25,920 hand movements. 
 
 TABLE IV 
 
 OccrPATlONS 
 
 Male 
 
 Female 
 
 Button makers 
 
 Sprayers 
 
 Carders 
 
 Polishers 
 
 Sandpaperera . . 
 
 Dippers 
 
 Fraaers 
 
 DeeoMi 
 Diawfeli 
 
 Toolmakers 
 
 Pasters 
 
 Fbramen and forewomen 
 
 Japanners 
 
 Power-press hands 
 
 Miscellaneous 
 
 Floor boys 
 
 Offioo 
 
 Cutters 
 
 Errand boys 
 
 281 (24 
 are piece 
 
 of whom 
 
 workers) 
 
 13 
 
 
 
 39 
 
 5 
 
 3 
 
 4 
 
 4 
 
 11 
 
 39 
 
 1 
 
 26 
 
 4 
 
 29 
 
 3 
 
 5 
 
 36 
 
 46 
 
 81 
 
 630 
 
 165 (19 of whom 
 
 are piece workers) 
 
 1 
 
 22 
 
 
 6 
 
 8 
 1 
 
 
 12 
 
 r 
 
 
 10 
 
 1 
 
 
 S3 
 
 ro 
 Fo 
 
 286 
 
 ^=1 
 
I 
 
 
 346 
 
 •J 3 
 H H 
 
 So 
 
 is 
 
 2§ 
 
 g 
 
 It 
 
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 ■ 
 
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 Appendix IV — Wage iNVESTioATioif 
 
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 Appendix IV — Wage Investigation 
 
 1 1 
 
 l' 
 
 Rates of Wages, — Time rates prevail in all the occupations 
 excepting that out of a total of 446 button makers 43 were piece 
 workers. There is no uniform wage standard in the trade. The 
 wages appear to be determined entirely by the supply of workers, 
 coupled with their necessity to work, and the opin^'on of the 
 foremen as to individual efficiency. The employees are usually 
 hired without a specific wage agreement, and after having been 
 at work for one or more days the foreman fixes the wage, which 
 the employee accepts if satisfied. There is no assurance of in- 
 crease of wage with added years of experience. 
 
 Table V shows a wide divergency in the wage rates. It will 
 be perceived that out of 99 button makers paid at a rate of lees 
 than $6.50 p^r week, 69 are males and 30 are females, showing 
 that the male learners predominate. There is about an equal 
 number of male and female button makers receiving a wage rate 
 l)etween $8 and $8.99, but at the rate of $9 and above there are 122 
 male and only 25 female button makers, showing that a decided 
 majority of those receiving the highest wages are men. Nearly 
 half of all the male employees receive less than $9 a week, and 
 nearly half the females receive less than $7.50. 
 
 Table VI shows the actual earnings of the employees for the 
 week preceding my schedules in each factory. Some of the 
 smaller factories do not keep a pay roll. In some cases the pro- 
 prietors were absent and I could not secure access to the pay roll 
 and in such instances I had to rely upon the statements of the 
 employees as to their weekly rates and actual earnings. Over 
 half the males actually received less than $9 a week, and over 
 half the female employees received less than $7. 
 
 Tables V and VI show a considerable difference between the 
 specified rates and the amounts actually earned. It will be noted 
 that the actual earnings fall below the rates quoted for employees' 
 as a whole. For example, whereas half the women were sup- 
 posed to receive $7.50 or lees, more than half actually received 
 less than $7 for the week in which the investigation was made. 
 Time did not permit of my scheduling from all the pay rolls I 
 inspected the total' number of employees at work each week for 
 the preceding 52 weeks, and the gross amount of weekly wages 
 
 The Button Industry 
 
 349 
 
 paid. I did secure this form from several of the large estab- 
 lishments and they reveal a wide difference between the number 
 of employees at work 'n the busy and slack seasons, to-wit: 
 
 
 Maximum 
 number of 
 employees 
 
 Minimum 
 number of 
 employees 
 
 Schedule No. 1 
 
 • 2 
 
 • ■ 3 
 
 • 4 
 
 32 
 
 164 
 
 94 
 
 70 
 
 15 
 87 
 
 24 
 
 Total 
 
 360 
 
 178 
 
 
 
 As previously referred to, one firm making covered buttons ex- 
 clusively and manufacturing their own parts and dies shows a 
 much smaller difference, the maximum number of employees 
 being 46, and the minimum 33. 
 
 In response to my repeated inquiries of both employers and 
 employees as to how many months in a year the average button 
 maker works, the response has been " from six to eight months." 
 Some of the best workers have almost continuous employment, 
 but the great majorHy are dropped in the slack seasons. To 
 many such I put the question " What, if any, kind of work do 
 you find in your slack seasons? " In reply the following occupa- 
 tions were given : shirt waist operator, Western Union messenger, 
 factory helper, errand boy, paper perforating machine operator, 
 fan maker, retail store handy man, shoe salesman, stock clerk, 
 elevator operator, shipping clerk, packer in department store, 
 clerk in retaU store, porter, cutter in flag factory, furrier, violin- 
 ist, fruit stand peddler, waiter, painter's helper, push-cart ped- 
 dler, leather belt maker, street photogi-apher, door to door ped- 
 dler. 
 
 Table VII shows the distribution of rates according to age. 
 It will be noted that according to this table the great majoirity 
 of men never reach $15 a week, and the $14 level is attained 
 only by half of those 40 years of age or older. In the case of 
 the women the majority never earn as much as $9, and $8 is 
 attained by the run of female employees only after 21 years of 
 age. The number of male employees over 21 years of age who 
 receive rates under $10 is 107, and there are 104 female em- 
 ployees 18 years of age and over who receive rates under 
 
II 
 
 350 
 
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 Table VIII shows that the actual earnings at each age are gen- 
 erally lower than the rates quoted, especially noteworthy in the 
 case of male employees. For example, in no age group does a ma- 
 jority of men earn as much as $12 until they reach the age of 45 
 years or over. The rates and earnings of women do not show the 
 Bame variation. This is partly explained by the fact that most 
 of the female employees are engaged on time rates. It is plain, 
 however, that the actual earnings of girls and women from 16 to 
 25 years fall below the rates that are usuaUy quoted. 
 
 Table IX shows the increase of earning capacity with years of 
 eDq)erience in the trade.* It will be noted that, grouped by years 
 of experience, the majority of men in no group earn a wage of 
 $16 or over until after 9 years or more in the business. The ma- 
 jority of women rise to the $8 level only after 5 years experience, 
 and those who earn more than this amount are the exception. 
 
 Classifying wages by conjugal condition, I find that the wage 
 of the majority of single males is less than $9 a week, whereas the 
 married men center at about $13. The few cases of widowers 
 and divorced males show that their earnings are somewhat higher. 
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 The women show a similar tendency. The majority of single 
 g^J*ls get less than $7.50. For married women and widows the 
 rates of the majority are $8 or more. The earnings of all these 
 classes are less than the rates quoted. 
 
 With regard to nativity I find that both rates and earnings of 
 native males are less than those of men bom abroad. The rea- 
 son for this is perfectly clear. Many of the native male em- 
 ployees are boys and young men. It will be noted in Table I 
 that there are 164 males between 14 and 17 years of age. About 
 90 of these are office and errand boys, who receive small wages. 
 On comparing the rates and earnings of female employees I find 
 cm the other hand that the majority of native girls surpass those 
 born abroad in earning capacity. 
 
 eJi^" ^^^® clMrified aU employees by length of exjoerienee In the button indurtry. The higher 
 id raoj^asreee ($15 and oyer per week) are nearly aO exi»rienced tool maker* though theymay 
 re eome only n eenly into this industry. ' ' 
 
 The Button Industey 
 
 357 
 
 Conclusion, — Out of the total of 281 male button makers 245 
 are unmairied, and of these 140 live as boarders with either 
 relatives or strangers, and 10 or more are married, but live as 
 boarders, their wives being in Europe. The great majority of 
 these boarders live at a low standard of comfort. From my con- 
 versations with many of the workers who live at home and who 
 form one of a family group of wage earners, I can safely state 
 that many such must content themselves with the hsace necessities 
 of lifa A large number of employers and employees unite in 
 saying that *' a married man cannot make a living as a button 
 maker.'' The great preponderance of single males supports 
 this statement, and it is evident that many of the employees are 
 at work in these button industries for net annual wages insuffi- 
 cient to maintain them. Several attempts have been made to 
 unionize the button makers, but all have failed. To form a 
 lasting organization among unskilled workers, chiefiy foreign 
 bom and at work for so many employers, can hardly succeed in 
 a labor market already overcrowded, and into which there is a 
 steady flow of the job seeking immigrant. Can any workable 
 scheme be devised that will remedy this condition of insufficient 
 wage? Apart from the various problems involved it appears to 
 me that the volume and character of our present immigration 
 presents an almost insurmountable barrier to a solution of this 
 question, that is, in Greater New York, which is the only manu- 
 facturing center in which I am at all familiar with conditions. 
 Minimum wage decrees are now legally in force in several of 
 our States. The outcome of this legislation will serve to de- 
 termine whether this remedy can be successfully applied under 
 the existing conditions of the labor market in this Stata 
 
ii! 
 
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 Vn. WAGES IN THE MILLINERY TRADE 
 
 Bj Mary Van Bjleeck 
 
 Millinery is a trade which illiiBtrates well some crucial problems 
 in the effort to establish wage standards by l^slation. It is also an 
 industry so important numerically in New York City, and so identified 
 by tradition with women's normal pursuits, as to demand consideration 
 by a wage commission.* Approximately 13,000 women are em- 
 ployed in the various processes of trimming hats in retail and whole- 
 sale shops, while many others save milliners' bills by making their 
 own headwear, or buying hats which have been partially trimmed and 
 then adding the finishing touches. In other words, the industrial 
 revolution has done its work very imperfectly in this industry, and 
 within the compass of a few blocks we may find the old domestic 
 system of production and the large wholesale factory, the parlor 
 milliner who makes hats for a few neighbors, and the high grade retail 
 shop which produces veritable works of art to be worn not only by 
 New Yorkers but by customers in far-distant states and even, as one 
 retailer boasts, in Europe and in France itself. 
 
 It is all called " millinery," but the methods of production and dis- 
 tribution of goods, and consequently the types of workmanship and 
 conditions of labor, differ so markedly from shop to shop as to defy 
 attempts at standardization. What, then, must be the guiding principle 
 in determining fair and adequate rates of pay ? With so elastic a labor 
 supply as results from the existence of a large group of amateur home 
 milliners who may at any time aspire to work in a shop, how may a 
 fair wage scale be protected from the downward pull of unregulated 
 competition for jobs ? This competition is increased by the fact that 
 
 *Plan of co-operation in investigation: Before the Factory Investigating Com- 
 mission began its investigation of wages the Committee on Women's Work of the 
 Kussell Sage Foundation had completed a preliminary study of the millinery trade 
 in New York, based on interviews with emplovers in the shops, and with millinery 
 workers in their homes. No payrolls had been examined in this preliminary study 
 The plaii of co-operation with the Factory Investigating Commission provided for 
 the utilization of the staff of the Committee on Women's Work by the Commission 
 in securing payroll statistics in millinery shops, while the Russell Sage Foundation 
 would be permitted to use the material after it had been submitted to the Commis- 
 sion. The Commission authorized the members of the staff of the Committee on 
 Women 8 Work to act as state agents, using the same schedules that had been 
 adopted m the other wage investigations organized by the Commission. 
 
 [361] 
 
 ui 
 
 L 
 
362 
 
 Appendix IV— Wage Investigation 
 
 The Millinery Tkade 
 
 363 
 
 J, 
 
 
 the social standing of millinery is high among women's occupations, 
 and as a personal accomplishment as well as a means of livelihood it 
 appeals to many different types of girls. 
 
 Custom and the climate have decreed different materials for winter 
 and summer, and milliners, therefore, have two distinct seasons in a 
 year with the demand so concentrated in a few months that between 
 the busy seasons is a period of unemployment for a large proportion 
 of the workers. Even if weekly wage rates be adequate, short seasons 
 of employment mean reduced annual earnings. Hitherto minimum 
 wage laws have dealt chiefly with provisions for regulating weekly rates 
 of pay. How shall the state deal with the more vital problem of 
 securing adequate and regular annual earnings ? 
 
 These two qu^tions, concerning the application of wage legislation 
 m a notably unstandardized trade and one which is markedly seasonal, 
 are of crucial importance in a consideration of the problem assigned 
 t» the Factory Investigating Commission by the New York State Legis- 
 lature, namely, to gather information regarding wages which will serve 
 as a basis for determining « the advisability of &dng minimum rates 
 of wages or of other legislation relating to wages or conditions of 
 labor."* 
 
 To consider this large question in connection with the millinery 
 trade is the more illuminating because of certain other characteristics 
 of the industry besides variety in industrial organization and short 
 seasons. We have already indicated that the trade is largely in the 
 hands of women. Except in the manufacture of hats as distinct from 
 the trimming, competition with men is not an important factor. 
 Women have not secured their place in the trade through underbidding 
 men. To study wages is to ascertain the economic status of women in 
 an occupation always recognized as women's work. In the custom 
 branch of the trade, it is possible without much capital to be an inde- 
 pendent worker for private customers. And thus, again, the occupation 
 affords an opportunity to study wages in an industry not yet entirely 
 given over to machine methods and wholesale production. 
 
 Facts about conditions in millinery ought to be of immediate prac- 
 tical use also to the organizations which now offer training either to 
 enable a girl to make her own hats or to equip her to enter a millinery 
 ^^P ^ ^^ employed worker. Public evening schools, girls' clubs, 
 
 • Laws of New York, Chapter 137, March 27, 1913. 
 
 and settlements have organized classes for milliners, and, indeed, so 
 great is the demand for them that commercial schools for milliners 
 as well as for dressmakers are by no means few in number. Millinery 
 is one of the first courses included in the curriculum of a trade school. 
 It is worth while to know more of its conditions as a guide to the teachers 
 of these numerous classes and because, also, it is one of the industries in 
 which experiments in industrial education have already been made. 
 
 One reason for the choice of millinery as an occupation to be taught 
 in a trade school is that at its best hat-trimming demands a marked 
 d^ree of artistic ability, a sense of line and form, and an appreciation 
 of color, and the skilled designers in the high grade shops may properly 
 be classed with professional workers. Those who have not the ability 
 to create and design, but are able to copy accurately, often command 
 high salaries, and even the assistant workers, who are carefully super- 
 vised by the trimmers, must possess a certain amount of skill. Thus, 
 a low wage scale in millinery shops can not be justified on the ground 
 that no skill is required for the work. 
 
 Finally, it may be said that millinery is an occupation which is not 
 localized in any one community. The milliner is needed in the small 
 village as much as in the large cities, and although the conditions of 
 work must, of course, differ greatly in different communities, never- 
 theless, in considering this industry, we are studying conditions of 
 more than local significance. This applies, of course, chiefly to the 
 custom branch of the trade. It is true that the wholesale work is 
 centered in the large cities, especially in I^ew York. 
 
 The Millinery Trade in New York 
 The best indication of the chaotic condition of the millinery industry 
 is the unsatisfactory type of statistics about millinery given in the 
 United States census and in other oflicial reports. The last count of 
 custom millinery establishments by census enumerators was in 1900, 
 when 517 retail shops employing 2,723 women and 88 men were found 
 in New York.* Thereafter " millinery, custom work," was omitted 
 from the manufacturing census as more properly a hand industry than 
 a manufacturing pursuit. The wholesale millinery trade was enumer- 
 ated under the general heading of " millinery and lace goods," but the 
 all-inclusive definition of this group of industries renders the figures 
 
 • Twelfth United States Census, 1900. Manufactures, Part II, p. 626. 
 
364 
 
 Appendix IV— Wage Investigation 
 
 The Millinery Teade 
 
 365 
 
 ¥' 
 
 almost useless as information about millinery. In 1910, for instance, 
 miUmery and lace goods " included the manufacture of hand-made 
 muslin and lace curtains; dress, cloak and millinery trimmings; em- 
 broideries and crocheted goods; hat and bonnet frames; ladies' belts 
 ooUars, neckwear and handkerchiefs; hats, trimmed and untrimmed- 
 laces; plaiting and puffs; niching and ruffing; and veilings.* Com- 
 parison with the census of 1905 indicates another difficulty in that the 
 definition of this industrial group changes more or less from census 
 to census. Moreover, some large millinery establishments manufacture 
 also artificial flowers and feathers, and these workers in aUied trades 
 would, in some cases, be counted with milliners. 
 
 Because of these difficulties, the most reliable census information 
 regarding milliners is to be found not in the volumes on manufactures, 
 but in the so^Ued occupational statistics, that is, the data secured iii 
 the house-to-house enumeration of the population. The schedule used 
 in this part of the inquiry calls for a statement of the occupation of 
 every member of the family. Undoubtedly, the number reporting them- 
 selves as milliners in this house-to-house enumeration is a better index 
 of the size of the trade than the comprehensive group statistics given 
 in the manufacturing census. The occupational data in tlie census of 
 1930 showedt in Greater New York 12,096 women and girls listed as 
 " milliners and millinery dealers " and 1,825 as " apprentices to dress- 
 makers and milliners." As about half f of these apprentices were prob- 
 ably milliners, the total number was approximately 13,000 as compared 
 with 1,470 men " milliners and millinery dealers."! No men or boys 
 were listed as apprentices in millinery. Thus, in the whole group of 
 14,500, the proportion of men was a little more than 10 per cent In 
 Manhattan,! the number of women milliners, including about half the 
 group of apprentices to dressmakers and milliners, was about 7,700, 
 and the number of men 1,020, a total of nearly 9,000 milliners, or 
 about two-thirds of the number in that occupation in all the boroughs 
 of the city. Apparently the number has increased rapidly since 1900, 
 
 Yor^^'y^ePS*^ ^°'*^ ^***^* ^^^''*' ^^^^' ^*>»*'»«* ^^h Supplement for New 
 tistiM '^^4* ^^^^ ^^^^ CenmB, 1910. Population, Vol. IV. Occupation Sta- 
 
 «a ^ t'^'T 1°' *^® *"*''! ^°'t??. States the number of apprentices for dressmakers 
 
 i!JfI^J^ ^-^T,^^ i'*'' f'ji*"^" ^^^'^■' P- 312). it may be assumed that the 
 tame proportion holds for both New York City and Manhattan 
 
 i Ibid., p. 672. 
 
 i Ibid., pp. 575-6. 
 
 when 7,651 women and 357 men were recorded in the census as mil- 
 liners in New York.* From 8,000 to 14,500 is an increase of about 
 80 per cent 
 
 The Industrial Directory published in 1912 by the New York State 
 Department of Labor gives the most recent information regarding the 
 millinery trade.f In the city of New York 860 millinery establish- 
 ments were counted, employing a shop force of 11,837 of whom 2,952 
 were men and boys, and 8,885 women and girls.^ In Manhattan, the 
 number of shops was 628,§ with a force of 2,837 men and boys, and 
 7,933 women and girls, or 10,770 in all. In Brooklyn the total shop 
 force was only 872, and the combined number in the three other 
 boroughs was but 195. These directory figures show the concentration 
 of important firms in Manhattan and indicate why it seemed wise to 
 limit our investigation to that borough. It should be noted that as the 
 occupational statistics of the census are based on a home-enumeration, 
 they tell us nothing about the location of work-places. Milliners listed 
 in Brooklyn may be working in a Fifth avenue shop in Manhattan. 
 Thus, although according to the census only about two-thirds of the 
 milliners lived in Manhattan, according to the labor department 
 directory 91 per cent worked there. Since ours was a study of shops, 
 not of homes, the directory figures were the correct guide for us. 
 
 Scope of Investigation 
 
 Because of the chaotic, disorganized state of the millinery industry, 
 it was necessary not only to limit the inquiry to one borough (one 
 which contains, however, ninety per cent of the trade in the city), but 
 
 • Twelfth United States Census, 1900. Occupations, pp. 638 and 640. The inclu- 
 sion of " millinery dealers " in the census of 1910 may account for a small part of 
 this increase. 
 
 t These figures, also, must be used with caution in a discussion of the millinery 
 trade, for the list of millinery establishments in the Industrial Directory included 
 also firms engaged in the making of shapes of straw, felt, wool, silk, fiber, or other 
 material, as well as hats for children, and feathers and flowers produced in depart* 
 ments of millinery establishments. Moreover, in more than one instance employers 
 listed in this group manufactured gowns as well as hats, and the report of their 
 number of employes included both dressmakers and milliners. It would be impoft> 
 sible without investigation to eliminate these allied occupations from the list, and 
 count only the milliners. 
 
 tNew York State Department of Labor. Industrial Directory, 1912, Table XI, 
 p. czcix. 
 
 § Only 160 of these were important enough to list by name and address, while 468 
 were classed as " small factories." Ibid., p. 334. In Brooklyn, only 6 shops were 
 listed by name (Ibid., p. 149), and in the other three boroughs no milliner attained 
 that distinction. 
 
 n 
 
866 
 
 Appendix IV — Wage Investigation 
 
 The Millinery Tbade 
 
 367 
 
 1 1 
 
 to define the section of the industry to be studied. The completion of 
 a trimmed hat represents a combination of many different trades, 
 several of which may be carried on by the same firm and all of which 
 might be considered broadly as constituting the millinery industry. 
 These many products include frames of buckram or wire, or pressed 
 hats of velvet, felt, silk, wool, or other material ; straw hats made by 
 machinery; trimmings of silk, ribbon, chiffon, or velvet; artificial 
 flowers and feathers ; and other millinery ornaments of diverse kinds. 
 The making of pressed hats is a factory industry carried on chiefly 
 by men. Women are extensively employed in machine operating on 
 straw hats, but obviously this work like the making of flowers and 
 feathers and other trimmings is very different from that of the mil- 
 liner who brings together all these products in the final task of trim- 
 ming. On the other hand, in many shops, especially in retail work, 
 the frames of buckram or wire are made by hand, straw may be 
 sewed together by hand, a bat of velvet or silk or felt may be hand- 
 made, or flowers and feathers may be prepared, and these processes 
 may then all be part of the day's work of milliners. This persistence 
 of hand work made it difficult to define what we meant when we 
 undertook to investigate the conditions of employment of milliners. 
 
 In view of the great difference between the manufacture of 
 products used in millinery, however, and the actual work of 
 bringing them together in a completed piece of headwear, it 
 seemed logical to limit our study to this latter task of hat- 
 trimming, including in this, nevertheless, all of the work which mil- 
 liners may be called upon to do, such as the making of the frame, or 
 the sewing together of trimmings, even though these same occupations 
 would be excluded from our inquiry when they are carried on in fac- 
 tories by wholesale methods or in a department distinct from hat- 
 trimming. The discovery that men in the millinery industry are em- 
 ployed in the manufacturing branches rather than in trimming led to 
 the further limitation of our inquiry to women workers, though in a 
 very few instances men are engaged in the task of designing. Our 
 investigation, then, is a study of women's wages in shops in which 
 women's hats are trimmed in Manhattan. 
 
 
 Methods of Investigation, Form of Payrolls, and Schedules Used 
 Believing that irregularity of employment is perhaps the most im- 
 portant factor in determining earnings in the millinery trade, we 
 decided to make our investigation intensive rather than extensive in 
 character, gathering thorough information from a few representative 
 shops instead of attempting to cover superficially a large number. For 
 this purpose wo adopted as the basis of our investigation a schedule 
 (Form 5)* designed by the Commission to secure week by week the 
 actual earnings of each worker during the total period of her employ- 
 ment in one establishment in the course of a year. Our investigation 
 was made between January 1 and February 15, 1914. In each estab- 
 lishment we studied the entire payroll for the calendar year 1913, 
 copying, as we have indicated, the total earnings week by week of each 
 worker employed at any time during that period, whether for one day 
 or 62 weeks. 
 
 Some description of the diverse forms of payrolls found in millinery 
 shops is important both in interpreting wage statistics in this study 
 and in discussing future wage investigations. In some shops visited, 
 no payroll was found, the stubs of check books showing merely the total 
 weekly outlay for wages. But the absence of a payroll was not the only 
 difficulty encountered. The payrolls themselves were often obscure for 
 our purposes. Of all that we examined, just one stands out in memory 
 as a model of convenience for the investigator seeking facts for a con- 
 tinuous, individual record. This was a loose-leaf book with a separate 
 sheet for each employe. On the first line was a space for the full 
 name, and on the second a record of the number of the worker, the 
 department in which she worked, and the dates of entering and leaving. 
 The column headings gave the date of payment, rate, lost time, net earn- 
 ings, charges, amount paid, and space for a weekly signature after the 
 words " received the amount opposite my name." These columns were 
 repeated twice on the same page, giving space for a consecutive record 
 many weeks in length. When a girl is laid off, her record is filed and 
 can be continued if she returns. It is unnecessary to copy the names 
 and rates of pay of the workers weekly, as is done in those shops using 
 an ordinary blank book with a separate page for each week instead of 
 a page for each employe. On the other hand, the weekly list is more 
 convenient for securing totals. To avoid the necessity for copying 
 names or numbers every week, some books had a stub arrangement so 
 
 • See page 10 for copy of this form. 
 
868 
 
 Appendix IV — Wage Investigation 
 
 M 
 
 t 
 
 ii 
 
 that the earnings for a number of weeks, sometimes four, sometimes 
 thirteen, could be entered in columns opposite a single list One large 
 firm had a loose-leaf book with a page for a week's earnings which 
 matched a list, renewed twice a year. 
 
 The only item of information common to them all was the wage 
 received. In some was recorded the full name and in one instance the 
 address was entered once each season. In others only the first name 
 appeared. In establishments using a time clock,— with a card stamped 
 automatically when the worker punches it at the time of entry and when 
 she leaves, — it is usual to designate each worker on the payroll by her 
 time dock number, although sometimes the name also appears. The 
 actual time of work is then recorded and deductions made for days lost 
 and, often, for minutes of tardiness. This careful checking of the time 
 applies, however, only to the soK^alled week workers, those who receive 
 a definite amount per week. No such entry of hours is made for those 
 whose earnings are calculated on the piece-work basis, whereby a definite 
 rate is paid according to the number of hats trimmed, and time does not 
 enter into the calculation of earnings. Piece workers are often desig- 
 nated by number only. 
 
 The use of numbers instead of names makes the tracing of a worker 
 through a record of several weeks exceedingly difficult for the reason 
 that numbers are reassigned repeatedly in the course of a year. Marked 
 differences in earnings, the statement of the bookkeeper, or long lapses 
 of time between earnings were the chief checks on accuracy of identi- 
 fication in those shops in which the names did not appear on the pay- 
 rolls. The same checks were necessary when only the first names were 
 used. One could not be sure always that Annie in the autumn, was the 
 same Annie as in the spring. 
 
 The lack of a time record for piece workers made it impossible also 
 to determine whether the earnings represented a full week's work, or 
 overtime, or two days of employment Home work also was an un- 
 recorded factor sometimes in apparently high earnings, since in some 
 shops the girls take work home at night and the family may help. 
 These products will appear only in the total week's output for each 
 worker. Another serious difficulty was the entry of a single payment 
 for a ie&m of two or three workers. This was encountered only among 
 piece workers, never week workers, and then only in one or two shops, 
 and it was obviated by searching inquiry on the part of the investiga- 
 tors, but the possibility of error was not thereby entirely eliminated. 
 
 The Millineby Tbade 
 
 369 
 
 / 
 
 Numerous other annoyances and difficulties beset us in the endeavor 
 to secure accurate data from the payrolls. Sometimes part payments 
 were made in hats or millinery trimmings. Sometimes a worker drew 
 out her wages in advance, and was paid from the cash box with an entry 
 in the daily cash account but none on the payroll. In one shop, the 
 dressmaking department worked nine hours a day, fifty-four a week, 
 and the milliners eight and one-half a day and fifty-one a week. 
 For the sake of uniformity, the nine-hour standard was used through- 
 out the payroll. For the milliners this meant eight and one-half 
 hours. An entry of eight and three-quarters hours meant that a 
 milliner had been late fifteen minutes, and that her day's work was 
 eight and one-quarter hours long. A twenty-two and a half hour 
 week was obviously two and a half days on the fifty-four hour basis 
 or twenty-one and one-quarter hours in a fifty-one hour week. In a 
 wholesale factory until a few weeks before the investigation the 
 method of entering piece workers' earnings had been to record totals 
 only, and to study individuals it was necessary to go back to the 
 individual slips made out in the workroom to show piece workers' 
 output These were resurrected in dusty files from the vaults. Per- 
 haps the climax of our difficulties came in the discovery of two in- 
 stances in which the payroll was in cipher. CAE indicated $6 and 
 KTA, $2.50. In one of these shops the rate only was shown on the 
 payroll with the amounts deducted for any cause such as tardiness, 
 and the actual earnings did not appear, the only instance of that 
 kind which we encountered. 
 
 As social legislation advances, and commissions are appointed to 
 secure information about industrial establishments, the absence of uni- 
 formity and the lack of accuracy in keeping payrolls becomes a serious 
 matter. Legislation, prescribing some method of recording this infor- 
 mation, is urgently needed but should be framed only after full con- 
 sideration of the many uses to which it may be put. For instance, we 
 were told that the form which we foimd most convenient, a page for 
 each worker, had proven unmanageable by agents in connection with 
 insurance for workmen's compensation, who needed to know the total 
 payroll. 
 
 The material secured from the payrolls and reported on Form 5 
 showed rates of pay and actual earnings of individual employes. It 
 did not show age, nativity, or length of experience of the workers. It 
 
 i 
 
 

 n 
 
 
 . >\ 
 
 
 
 i 
 
 370 
 
 AppEin)ix IV — Wage Investigation 
 
 was to ascertain these facts that we copied the current payroll, showing 
 earnings and rates of pay for each worker (Form 2), and, using this 
 current payroll as a basis, we distributed in the workrwm small cards 
 (Form 1), calling for personal information to be supplied by those 
 employed at the time of the investigation, later matching up Forms 1 
 and 2 and thus making possible the correlation of wage statistics and 
 personal information. 
 
 In addition to securing these records, we copied the total payrolls 
 week by week and counted the total number of employes each week 
 throughout the year, thus getting information as to the steadiness of 
 the trade. Through interviews with employers and observation of the 
 shops we also ascertained such general facts as methods of hiring 
 workers and determining wages, processes of work, plans for training 
 learners, hours of labor and overtime, and workroom conditions. We 
 did not undertake interviews with workers, as in our preliminary study 
 we had already secured enough information by this method to serve as 
 a check on the later investigation.* Table 1 shows the number of shops 
 investigated in different branches of the trade, the maximum force dur- 
 ing the year, and the number of records secured. 
 
 TABLE!. — NUMBER OF SHOPS INCLUDED IN THIS INVESTIGATION 
 MAXIMUM FORCE EMPLOYED, AND NUMBER OF RECORDS SECURED* 
 BY BRANCHES OF THE TRADE 
 
 
 Number 
 of shops 
 fOT which 
 records 
 
 were 
 secured 
 
 Maxi- 
 mum 
 force 
 
 BE CORDS SECURED 
 
 Bbancues or 
 
 Workers' reports 
 
 Current payrolls 
 
 Yearly payrolls 
 
 THE Trade 
 
 Shops 
 
 from 
 
 which 
 
 secured 
 
 Records 
 received 
 
 Shops 
 
 from 
 
 which 
 
 secured 
 
 Records 
 received 
 
 Shops 
 
 from 
 
 which 
 
 secured 
 
 Records 
 received 
 
 RetaO 
 
 Wholesale 
 
 29 
 28 
 
 839 
 1,711 
 
 29 
 25 
 
 470 
 893 
 
 29 
 27 
 
 546 
 1,405 
 
 19 
 21 
 
 1,143 
 2,840 
 
 Total t57 
 
 2,550 
 
 54 
 
 1,363 
 
 56 
 
 1,951 
 
 40 
 
 3,983 
 
 • Since the completion of the payroll study we have visited some of the workers 
 whose names were secured in the shops, but as yet this inquiry has not been 
 extensive enough to present the results in this report. 
 
 tin all 65 firms were investigated, but of these two had failed and were out of 
 business, one made on y straw or felt hats, while two never employed more than one 
 worker, and the remaining three did not keep permanent payrolls 
 
 The Millinery Trade 
 
 371 
 
 We secured records from 57 shops, of which 29 sold hats at retail 
 and 28 at wholesale.* The payrolls for the current week were copied in 
 66 of them, and, thua, information r^arding rates of pay and actual 
 earnings in one week was secured for 1,951 workers. To match these, 
 cards were filled out by girls in the workroom to the number of 1,363, 
 but, for various reasons, these reports from workers could not be secured 
 for 588 of the 1,951 on the current payolls. In some shops, for in- 
 stance, the employers objected to their distribution and because of this 
 lack of co-operation on their part, satisfactory returns could not be 
 secured. In other cases, some of the girls whose names had appeared 
 on the payroll had left since the last pay-day, or were temporarily 
 absent. Transcriptions of the payroll for the entire calendar year were 
 made in 40 shops, including one in which the current payroll was not 
 copied. In the other 17 shops investigated, the statistics for the whole 
 year were not available, because these firms did not keep payrolls show- 
 ing individual earnings or had not preserved them for the year, or, in 
 a few cases, had changed hands or had been established within twelve 
 months. In the 40 shops studied for the year the maximum force in 
 the busy season was 2,016, but the total number of names appearing on 
 the payrolls at any time in the twelve months was 3,983. 
 
 This last number represents really the total number of jobs held 
 in these shops rather than the total number of workers, for in some 
 instances we found the same worker appearing on the payrolls of 
 different establishments and undoubtedly other cases of the same 
 kind would have been discovered had it been possible to match up 
 records with any degree of accuracy. Obviously, however, even the 
 appearance of the same name is not conclusive identification unless the 
 name or the work-record is unusual enough to warrant such an assump- 
 tion. The fairest figure to use in estimating the proportion of the trade 
 investigated is not the total number of names on the payrolls in a year, 
 which is indicative rather of fluctuations in employment and changes 
 in the force, but the maximum number employed in the busy season in 
 the shops investigated, that is, 2,550. According to the Industrial 
 
 • In the investigation of wages in department stores made by the Factory In- 
 vestigating Commission, payroll statistics were secured for the millinery work- 
 rooms in twenty-one stores in New York City and thirty-four stores in eight other 
 cities of New York State, namely, Buffalo, Rochester, Sy^ acuse, Utica, Schenectady, 
 Albanv, Troy and Kingston. The figures for New York City appear in Appendix B, 
 pp 449-459, and for other cities in New York State, in Appendix C, pp. 460-67. 
 
372 
 
 Appendix IV — Waob Investigation 
 
 { 
 
 The Millinery Tbade 
 
 373 
 
 ir.: 
 
 
 Directory already quoted the number of womea milliners at work in 
 Manhattan was 7,933. (Page 365.) Thus we investigated 32 per cent 
 of the milliners employed in Manhattan, or 29 per cent of the 8,885 
 counted by the labor department throughout the city.* 
 
 Numbers alone, however, prove nothing as to the representative 
 character of such a study. In a trade in which conditions and stand- 
 ards vary as widely as in millinery it was important to select for study 
 a group of shops which should contain in miniature, as it were, all the 
 diversity of types found in the trade itself. As the chemist can deter- 
 mine the composition of the whole body of water in a reservoir by 
 analyzing a small sample, so the investigator of industry may legiti- 
 mately portray all the essential facts in ai trade by intensive study of 
 a small group, provided the group be wisely selected. 
 
 Both chance and discretion were factors in our selection. We first 
 made a card catalogue of millinery shops listed in the Industrial Direc- 
 tory of the New York State Department of Labor, arranged the cards 
 by streets and numbers, and drew out every fifth card. These were 
 then compared with the records of our previous investigation of 229 
 shops, and by a process of selection and substitution, a list of about 
 75 establishments was finaUy prepared. Our investigators soon dis- 
 covered that the small neighborhood shops of the Third Avenue type 
 must be eliminated because no payroll records were kept in them. This 
 very practical difficulty has resulted, of course, in limiting our study 
 to those establishments which are large enough and well-organized 
 enough to keep wage records. 
 
 To divide millinery shops in New York, or even the limited number 
 investigated by us, into but two groups, wholesale and retail, is to 
 obscure the many differences between establishments which may be 
 alike only in the method of distributing their goods, whether direct to 
 private customers or through the more or less complicated selling 
 machinery of the wholesale trade. The group which we investigated 
 included large and fashionable establishments on Fifth Avenue, aspir- 
 ing shops on the side streets as close as possible to the highway of 
 fashionable trade but not yet fully " arrived," the lesg aspiring firms 
 
 • If the census figures showing 13,000 milliners in New York City be used the 
 proportion investigated was twenty per cent. This, however, ig a less accurate 
 figure, since the census counted all milliners whether working in shops or at home 
 whereas the Industrial Directory included only shops employing one or more workers 
 It was the shop which was the unit in our study. 
 
 on streets and avenues farther removed from the leaders of the in- 
 dustry, the small shop on Third avenue, the big supply house on lower 
 Broadway, and the wholesale establishment which has moved uptown, 
 portending a general northward move for wholesale millinery as for 
 other industries on Manhattan Island, the more humble wholesale fac- 
 tory on Division Street which ships its cheap products to Texas and 
 other distant states, and on the same block the typical Division Street 
 retail shop with its unique method of soliciting custom by stationing 
 on the sidewalk a " puller-in " — a stalwart woman who seizes passers- 
 by and drags them into the store, there to be dealt with by an equally 
 importunate saleswoman. In reality we have three distinct methods of 
 classifying millinery shops: first as to method of selling, that is, as 
 wholesale or retail; second, as to location, with differences so marked 
 in different sections of the city as to make the name of the street — 
 Fifth Avenue, Third Avenue, Grand Street, Division Street, or Broad- 
 way — a descriptive adjective conveying a distinct impression to any- 
 one familiar with these localities ; and, third, as to grade of hat made, 
 with dozens all alike, of so-called " ready-to-wear " headgear, at one end 
 of the scale, and at the other the unique and distinctive creation of the 
 expert designer. 
 
 Although it is a bold investigator who would undertake to classify 
 women's hats, it is desirable to understand that the terms " ready-to- 
 wear " and " trimmed " hats do connote differences in the processes of 
 work. The distinction arises from the fact that women buy hats in 
 various stages of completion. Simplest of all is the wire or buckram 
 frame which may be bought in a department store and which must be 
 covered with silk or velvet or even straw purchased by the yard, and 
 trimmed with flowers, feathers, or ribbon, also purchased separately. 
 Next above it in order is the so-called pressed or machine-made hat 
 of straw, silk, velvet, or other material which is unlined. The pur- 
 chaser becomes designer, improver, preparer, milliner, and trimmer 
 all in one. The demand for cheap hats which do not require the 
 milliner's skill to make them wearable has created the ready-to-wear 
 product which is lined in the factory and so designed that the arrange- 
 ment of the material itself constitutes the trimming, with possibly 
 the addition of a bow or a buckle or some other ornament At the 
 top of the scale, if complexity be the measure, is the trimmed hat, 
 on which the arrangement of millinery ornaments — ribbon, feathers, 
 
374 
 
 Appendix IV — Wage Investigation 
 
 The Millinery Tbade 
 
 375 
 
 
 It 
 
 \i 1 
 
 ll 
 
 ; 
 i. 
 
 I 
 
 flowers — has claimed the chief attention of the milliner. She may, 
 or may not, have made the hat itself. It has more individuality than 
 the ready-to-wear product, and is not usually duplicated so many 
 times in the factory. 
 
 Processes of Work 
 As diverse as the different branches of the trade are the demands 
 made upon the workers. Two important factors determine workroom 
 requirements. They are, first, the style of the hat, and second, the 
 method of its transmission through different types of shops. The semi- 
 annual migration of leading milliners from New York to Paris testi- 
 fies to French leadership in designing fashionable headgear. From 
 the picture galleries in France, from stage costumes in a popular play, 
 from the newest gowns of French society leaders, the Parisian designers 
 get their inspiration. They plan hats suited to a certain period in the 
 history of dress. They pay minute attention to line and color, the 
 texture of the ribbon and the design of flower or feather to be used as 
 trimming. The New York milliners return from Paris in the very 
 early spring and autumn each year in time to sell first to " the trade,'' 
 the wholesale dealers whose season precedes the retail buying. The 
 choicest hats they keep as models for their own workrooms. The 
 trimmers and designers, keeping close watch of any changes of style in 
 France, and of the taste of customers in the United States, proceed to 
 adapt foreign styles to American needs. The trend in Paris, however, 
 is the supremely important issue. One Fifth Avenue milliner kept her 
 employes at work ten days making scarfs because a rumor had arisen 
 that the brims in Paris would turn up at the back and she dared not 
 have any hats made until the rumor could be verified. 
 
 In this all-important work of creating an artistic and stylish product 
 a well-organized workroom is essential. A designer is indispensable, 
 for upon her — or sometimes upon him — devolves the task of supply- 
 ing every customer with a hat which is stylish, but which has no counter- 
 part Expert trimmers carry out their designs. Under them must be 
 employed — at the lowest rung of the ladder — apprentices to make 
 bands and learn to put in linings ; next above them, improvers to shirr 
 chiffon, line the hats, and make folds ; preparers, who are a little more 
 expert than improvers but who do essentially the same work; and 
 
 makers * to construct the frames which shall follow exactly the measure- 
 ments necessary to create a hat in right proportions, to cover the frames 
 with crinoline, and to prepare the hat in all other particulars for the 
 final work of the trimmer. Neatness and accuracy and delicacy of 
 touch are essential requirements, and no careless worker will be able 
 to hold her position in a corps of milliners who produce hats ranging 
 in price from $50 to $150 or more. 
 
 In the cheaper grade of retail shops, the division of work is essen- 
 tially the same as in the fashionable establishments — that is to say, 
 a hat is trimmed for a private customer, prospective or actual, but 
 designers and artistic trimmers are not found in them, and the work- 
 manship is less accurate and careful. " The madame " plans the 
 designs after frequent inspection of Fifth avenue windows and costume 
 magazines, or even a brief period of employment in an establishment 
 in which the season begins earlier than in her own. When a shop be- 
 comes a little more prosperous a trimmer capable of designing hats may 
 be employed for a week or a month at the beginning of the season. 
 
 The best of the wholesale milliners also go to Paris while others buy 
 their models from importers. Some of them create models as dis- 
 tinctive and unique as in retail shops. In others, of cheaper grade, 
 hats are sold by the dozen or the gross, and uniformity in the making 
 is necessary. From this fact arises the need for copyists — workers 
 who can make a hat from frame to trimming, copying exactly the model 
 before them. The more uniform the style the less is the need for the 
 corps of apprentices, improvers, preparers, makers, trimmers and 
 designers. 
 
 From the uniformity of design develops also a subdivision of processes 
 somewhat like that in clothing shops. In one typical wholesale shop, 
 for instance, in which medium grade " tailored hats " are made, that is, 
 the ready-to-wear type, the workers are divided into distinct groups 
 according to processes. One group cuts out the requisite amount of 
 straw and braid, silk and lining, measuring the amount needed for one 
 hat and then duplicating the parts needed for the total amount of the 
 order for that particular model. The material for each hat is then 
 rolled together and a dozen or more sets given to each worker. Other 
 
 •These workers are usually called "milliners,** but, as this word can be used 
 more conveniently to designate the entire group, we have substituted the less 
 common name of "maker'* for the girl whose occupation is here described. 
 
376 
 
 Appendix IV — Wage Investigation 
 
 The Millineby Trade 
 
 377 
 
 1^*! 
 K 
 
 i! 
 
 I" 
 
 workers make linings by machine or tuck or hem materials like 
 chiffon or silk for trimming. Copyists then make the entire hat, 
 duplicating it many times, assembling the parts already made — to use 
 a factory term which indicates how mechanical this process may be- 
 come. It will be noted that in such a shop the description of processes 
 already giv«i does not apply, and that new processes like cutting and 
 machine sewing must be added to our list This kind of machine 
 sewing is not the same as the making of straw hat» by machine, which 
 although it is a part of the millinery industry, as we have explained, 
 is not included in the branch of the trade which we have designated 
 as hat-trimming. 
 
 It should be observed that the subdivision of processes which we have 
 described as characteristic of certain wholesale factories is radically 
 different from the division of work in a retail shop or in a wholesale 
 establishment where high grade hats are made. In the retail shops the 
 workers are grouped together in the making of one hat In the typical 
 cheap wholesale workroom, the parts of the hat are divided between 
 separate groups of workers. The difference is fundamental. The 
 latter plan results in specialization. The former means that each 
 worker in the group has the advantage of watching every other part of 
 the hatrtrimming, and increase in experience leads to more and more 
 responsibility. The maker differs from the preparer and the preparer 
 from an improver rather in length of experience and adaptability than 
 in type of work, and every maker must have been first an apprentice, 
 then an improver, then a preparer, or at least have had an equivalent 
 experience even if she did not have these titles. 
 
 As an example of the methods of grouping the workers in high grade 
 shops, we may describe one of the most fashionable of the retail estab- 
 lishments. A trinmier or a designer is placed in charge of each table, 
 with six or seven girls working under her direction, including usually 
 one apprentice, two improvers, two expert preparers, and two makers. 
 Sometimes four makers are found in one group, instead of two makers 
 and two preparers. In the busy season six or seven " tables " or groups 
 of workers are kept busy. Each group is self-sufficient, entirely re- 
 sponsible for the designing and making of the hat from lining to 
 trimming. It follows that an apprentice may get better training at one 
 
 
 table than at another according to the skill of the trimmer or designer 
 in supervising the girls for whom she is responsible. So self-sufficient 
 are these groups in some shops that the length of the season may differ 
 from table to table if one trimmer takes a longer vacation than others, 
 or a designer spends a longer or shorter time in Paris. 
 
 Table 2 shows the types of workers employed in another retail shop 
 in which this same plan is carried out 
 
 TABLE 2. — DESIGNATION OF OCCUPATIONS OF WOMEN EMPLOYED IN 
 ONE RETAIL MILLINERY ESTABLISHMENT, FEBRUARY 2, 1914 
 
 Occupation 
 
 Women 
 
 Forewoman and assistant forewoman 
 
 Designers 
 
 Copyists 
 
 Makers 
 
 Improvers 
 
 Apprentices 
 
 Feather hands 
 
 Stock girl 
 
 Errand girl 
 
 Shopper 
 
 Total 
 
 2 
 3 
 5 
 
 63 
 5 
 
 10 
 6 
 1 
 1 
 1 
 
 97 
 
 The apprentices number approximately 1 in 10. The makers con- 
 stitute the largest group, numbering 63, while only 5 improvers were 
 employed. This was due not to any difference in plan of work as 
 compared with shops employing more equal groups of improvers, pre- 
 parers, and makers, but was indicative rather of a difference in naming 
 divisions of work. The makers represented a wide range of earnings 
 and experience and a more exact assignment of titles would have placed 
 some of them in the ranks of improvers or preparers. In this shop 
 models are made to be sold to other establishments and these are dupli- 
 cated ; hence the employment of five copyists. The six " feather hands " 
 prepare the feather trimmings which some other retail shops always 
 purchase from feather manufaxjturers. The forewoman and her 
 assistant are executives in charge of the workroom, with such duties as 
 engaging workers, attending to orders, marking hats, and keeping 
 accoimt of the cost of materials for each hat. They need not neces- 
 sarily be trained as milliners. The stock girl works imder the direct 
 supervision of the forewoman, taking care of materials used in the 
 
r 
 
 I ■ * 
 
 II; 
 
 III 
 
 I 
 
 1 - 
 
 
 1 
 
 
 
 
 
 
 
 
 1 
 
 "^ 
 
 378 
 
 Appendix IV — Wage Investioatiow 
 
 workroom. The functions of errand girl, shopper, and designer are 
 sufficiently obvious to require no explanation. The significant point to 
 emphasize is the interrelation of the workers who complete a single hat 
 for an individual customer as opposed to the subdivision of parts of 
 dozens of hats of uniform style among separate groups, or, on the 
 other hand, the complete copying of a model several times over by one 
 worker. As an example both of subdivision and of extensive employ- 
 ment of copyists. Table 3 shows the distribution of the workroom force 
 in a wholesale establishment. 
 
 TABLE 3. -DESIGNATION OF OCCUPATIONS OP WOMEN EMPLOYED IN 
 ONE WHOLESALE MILLINERY ESTABLISHMENT, FEBRUARY 7, 1914 
 
 OCCITPATION 
 
 Forewomen 
 
 Designers 
 
 Trimmer 
 
 Cop3rist8 
 
 Makers 
 
 Preparers 
 
 Apprentices 
 
 Cutters 
 
 Liner 
 
 Machine operators 
 Stock girls 
 
 Women 
 
 Total. 
 
 2 
 
 2 
 
 1 
 
 46 
 
 36 
 
 4 
 
 4 
 
 2 
 
 1 
 
 2 
 
 7 
 
 107 
 
 A little more than two in five are copyists. Cutter,* liner, and 
 machine operator are specialists. The large group of apprentices, pre- 
 parers, and makers is to be accounted for by the fact that even in 
 wholesale by no means all of the hats are of the ready-to-wear type. 
 Many are made by much the same process as in retail shops. It should 
 be understood that the relative importance of different processes varies 
 from year to year with changes in the fashion. Especially in whole- 
 sale the make-up of the force varies with the comparative demand for 
 hand-made or for blocked or pressed hats. In the year 1913 hand- 
 made hats were fashionable, and consequently more hand-workers were 
 employed. 
 
 We have dwelt at some length on the division of labor in the trade 
 because it is necessary to an understanding of the types of efficiency 
 
 • The greater part of the cutting, as well as the frame making in wholesale shops. 
 18 usually done by men. ^ * 
 
 The Millixery Trade 
 
 379 
 
 required, and therefore is closely related to a discussion of wages, and 
 because, also, it serves as a warning in interpreting information con- 
 cerning occupations in the industry, — using the word occupation in 
 the sense of the task assigned to a worker. Workers called by the same 
 name have different duties in different types of shops. Nevertheless, 
 some degree of classification by occupations is desirable in relation to 
 wage statistics. Table 4, therefore, showing the distribution of the 
 workers investigated in occupational groups is presented with this fair 
 warning against drawing hasty conclusions from the data. The table 
 is compiled not from the records of all employes in a year but from 
 the transcriptions of the current payrolls, and thus shows the propor- 
 tion employed at any one time in each occupation. 
 
 TABLE 4.— OCCUPATIONS OF WOMEN EMPLOYED IN 56 MILLINERY 
 ESTABLISHMENTS BY MAIN BRANCHES OF THE TRADE, ON CURRENT 
 PAYROLL, 1914 
 
 OccuPATioir 
 
 Forewomen 
 
 Assistant forewomen 
 
 Designers 
 
 Trimmers 
 
 Copyists 
 
 Makers , 
 
 Preparers 
 
 Improvers 
 
 Apprentices 
 
 Machine operators 
 
 Stock and floor girls 
 
 Feather and flower hands . 
 
 Cutters 
 
 Crown sewers 
 
 Errand girls 
 
 Crimpers 
 
 Shoppers 
 
 Packers 
 
 Straw sewers 
 
 Wire-frame makers 
 
 Helpers 
 
 Liners 
 
 Examiner 
 
 Total. 
 
 Number of shops 
 
 Women emploted in 
 
 RetaU 
 
 11 
 
 10 
 16 
 81 
 19 
 24 
 27 
 
 10 
 2 
 
 5 
 
 i 
 
 3 
 1 
 
 215 
 
 22 
 
 Retail — 
 wholesale 
 
 5 
 4 
 
 16 
 5 
 
 18 
 177 
 
 38 
 29 
 
 10 
 22 
 
 1 
 6 
 
 331 
 
 Wholesale 
 
 20 
 
 5 
 
 45 
 
 62 
 
 702 
 
 72 
 
 270 
 
 16 
 
 41 
 
 72 
 
 31 
 
 3 
 
 21 
 
 11 
 
 5 
 
 9 
 
 2 
 
 7 
 
 5 
 
 4 
 
 1,405 
 
 27 
 
 All 
 women 
 
 9 
 72 
 
 77 
 
 736 
 
 330 
 
 289 
 
 78 
 
 SR 
 
 n 
 
 n 
 
 27 
 21 
 
 11 
 
 11 
 
 9 
 
 9 
 
 7 
 6 
 
 4 
 S 
 2 
 1 
 
 1,951 
 
 56 
 
380 
 
 AppEin)ix rV — Wage Investigation 
 
 The Millinery Trade 
 
 381 
 
 Li. 
 
 ■I' 
 
 In this table we have distinguished the shops as wholesale, retail, and 
 retail-wholesale, the last signifying shops really of custom grade, which 
 do some work, such as the making of models, for other milliners. The 
 significance of this third division will become apparent in the discussion 
 of the length of the seasons, as the combination of retail-wholesale tends 
 to prolong them. 
 
 Approximately half the workers recorded on the payrolls in whole- 
 sale shops were copyists, while in retail and in retail-wholesale, makers 
 formed the predominant group. It is significant that, among these 
 1,961 workers, only a little over 100 were apprentices or errand girls, 
 this number representing the total found on the payrolls at the date of 
 our investigation. 
 
 Wage Statistics Secured 
 We secured three distinct sets of wage statistics in this investigation. 
 It will be recalled that, first, we copied the payrolls for the calendar 
 year 1913, using a separate card for each worker and entering both 
 earnings and rates of pay each week as long as her name appeared on 
 the records. Second, we copied the current payrolls, rates of pay and 
 actual earnings, for each girl employed in the workroom at the date of 
 the investigation, the dates varying with the dates of our visits to dif- 
 ferent shops, and correlated this information with facts reported by 
 the girl herself on a card showing her age, nationality, and length of 
 experience. Third, we recorded for each week in the year the total 
 wages paid by the firm and the total number of employes. This last 
 information is useful in showing seasonal fluctuations. It does not 
 show individual earnings. The second set of statistics shows individual 
 wage rates and earnings in a single week. The first are more compre- 
 hensive, indicating not only rates and earnings for one week but the 
 number of weeks each worker appeared on the payroll in the twelve 
 months for which records were taken, the fluctuations in earnings and 
 the total receipts from one shop during the period of employment in the 
 calendar year. 
 
 The method of tabulating these yearly payroll statistics waa first to 
 determine the total earnings of each worker and then to divide this 
 amount by the number of weeks of employment, in order to find out 
 the "average earnings" during the specified period. It should be 
 
 pointed out that although the record card was headed " individual 
 annual earnings," no assumption regarding the income of the worker 
 is safe since the data really show only the earnings in one job in a 
 selected period of time and no information is available as to other work 
 secured elsewhere in the year, or even employment in other establish- 
 ments or possibly for private customers. Sometimes a girl may work 
 by day in a wholesale shop and then serve as salesgirl or trimmer in a 
 neighborhood millinery store with an extensive evening trade. Had it 
 been possible to trace workers from one payroll to another so that an 
 accurate record of the entire year could be obtained, the data would be 
 of great value, but so far as we know such a plan has never yet proved 
 successful, although tried by several investigators.* 
 
 Wage Rates 
 As the facts about earnings throughout a selected period of employ- 
 ment are complicated by the question of duration of employment, it 
 may be well to present first the statistics copied from the payroll for 
 the current week and later correlated with personal facts secured from 
 the girls found in the workroom at the time of the investigation. The 
 total number of entries copied from the current payroll was 1,951. 
 Table 6 shows the wage distribution by main branches of the trade, 
 based on wage rates, not on earnings. 
 
 • An interestine experiment of this kind was tried in a recent investigation of 
 wages in the wholesale dress and waist industry in New York. The inquiry was 
 financed jointly by the trade union and the employers* association and was under- 
 taken for the purpose of determining the proper wage scale to be adopted by agree- 
 ment between employers and employes. Yet the eflfort to trace a worker from one 
 payroll to another and to deduce from this process a conclusion regarding the 
 annual income proved fruitless. Workers forget to mention all of the shops in 
 which they have worked in a year, and payrolls vary so in form that identification 
 of a worker is practically impossible. 
 
382 
 
 Appendix IV — Wage Investigation 
 
 The Millineey Tbade 
 
 383 
 
 f^ 
 
 iM 
 
 T^LE 5. -RATES OF WAGES PAID TO WOMEN EMPLOYED IN MILLINERY 
 ESTABLISHMENTS, BY MAIN BRANCHES OF THE TRADE. CTORENT 
 PAYROLL, 1914 
 
 Rate of wages 
 
 WOMEN EMPLOYED Uf 
 
 AH 
 
 
 RetaH 
 
 RetAil- 
 wholesale 
 
 Wholesale 
 
 women 
 
 Less than $2 
 
 4 
 6 
 1 
 
 10 
 5 
 41 
 8 
 
 11 
 5 
 8 
 1 
 
 10 
 3 
 
 20 
 
 17 
 9 
 5 
 
 22 
 
 3 
 
 8 
 7 
 3 
 
 12 
 1 
 7 
 3 
 
 11 
 1 
 
 20 
 
 i7 
 
 16 
 
 30 
 
 8 
 
 4 
 
 ii 
 
 20 
 
 4 
 34 
 4 
 56 
 2 
 61 
 11 
 100 
 95 
 94 
 51 
 111 
 56 
 44 
 47 
 14 
 18 
 17 
 19 
 11 
 7 
 9 
 
 
 12 and less than $2.50 ,'. 
 
 4 
 
 12.50 and less than $3 
 
 13 
 
 13 and less than $3.50 
 
 9 
 
 $3.50 and less than $4 
 
 29 
 
 4% 
 
 $4 and less than $4.50 
 
 8 
 
 $4.50 and less than $5 
 
 17 
 
 $5 and less than $5.50 
 
 
 $5.50 and less than $6 
 
 52 
 
 $6 and less than $6.50 
 
 IS 
 
 tmat 
 
 $6.50 and less than $7 ' ." " ' 
 
 75 
 
 $7 and less than $7.50 
 
 4 
 
 $7.50 and less than $8 
 
 91 
 
 $8 and less than $9 
 
 14 
 
 $9 and less than $10 
 
 137 
 
 $10 and less than $11 
 
 128 
 
 4 A#ft 
 
 $11 and less than $12 
 
 133 
 
 $12 and less than $13 
 
 64 
 
 $13 and less than $14 
 
 ^^ TV 
 
 8 16 
 
 14 27 
 10 *y 
 
 179 
 
 $14 and less than $15 
 
 80 
 
 $15 and less than $16 
 
 8S 
 
 $16 and less than $18 
 
 12 
 6 
 3 
 5 
 1 
 4 
 7 
 
 12 
 4 
 
 16 
 9 
 7 
 2 
 
 18 
 
 84 
 
 $18 and less than $20 
 
 88 
 
 $20 and less than $25 
 
 28 
 
 $25 and less than $30 
 
 88 
 
 $30 and less than $35 
 
 88 
 
 $35 and less than $40 
 
 18 
 
 $40 and over * * * 
 
 18 
 34 
 
 Total 
 
 215 
 
 331 
 
 901 
 
 •1,447 
 
 Median wagef $9 .91 
 
 $12.40 
 
 $10.51 
 
 $10.77 
 
 Of 215 girls in retail shops, 72, or 33 per cent, were rated at 
 less than $8 a week, and 92, or 43 per cent at $12 or more. In retail 
 shops having also a wholesale trade, 76 or 23 per cent received less 
 than $8 and 184 of 331, or 56 per cent, were in the group rated at 
 $12 or more, and in wholesale factories the group receiving $12 or 
 more among week workers alone numbered 353 of 901, or 39 per cent, 
 while those receiving less than $8 numbered 208, or 23 per cent Of 
 
 ♦Of the total of 1 951 women whose names appeared on the current payroll 504 were 
 piece workers m wholesale shops whose rates of pay could not be aacertSned knee they 
 are deternuned per piece and not per unit of time. 
 
 t See footnote, page 383. 
 
 the 1,405 workers in wholesale, 504 were piece workers so the weekly 
 wage rate could not be indicated for them. It is in wholesale houses 
 that the piece workers are found. Obviously the piece-work system ap- 
 plies best where the same model is duplicated many times. When but 
 one hat of a kind is made, as in retail shops, the wages are all based on 
 weekly rates. The median wage rate,* — half the workers receiving 
 less and half receiving more, — was $9.91 in retail, $12.40 in retail- 
 wholesale, $10.51 in wholesale, and $10.77 for the three groups com- 
 bined. 
 
 Actual earnings differ in many instances from wage rates. They are 
 equal only when the worker is employed full time, without any deduc- 
 tions or additions to her wagea Table 6 shows the actual earnings of 
 the same group that appeared in Table 5, excepting that of the 1,951 
 included in that table, 82 were piece workers whose earnings were not 
 included in Table 6 because during the week investigated they had been 
 employed only five days, as that week happened to include a legal holi- 
 day. It will be recalled that the dates of these current payrolls varied 
 with the dates of our shop visits, and, since in every other establish- 
 ment the week was a normal one with six working days, it seemed 
 fairer to exclude these five-day piece workers. The time workers in 
 this shop happened to have been paid for the holiday, and hence were 
 counted in our statistics. Thus the number in Table 6 is 1,869. 
 
 • The formula used throughout the report in calculating the median was as follows: (King, 
 W. I.: Elements of Statistical Method, p. 129.) 
 Let M = median 
 
 c = class interval of the class containing the median 
 k = the lower limit of the class 
 f = the number of items in the class 
 
 i = the number of items up from the lower limit of the class at which the median 
 item occurs. 
 Then 
 
 c(2i — 1) 
 
 M = k + 
 
 2f 
 For example, in Table 5, in computing the median for the total colunm, 
 c = $l 
 
 $1(2x103 — 1) 
 k = $10 M = $10 -f- 
 
 f=133 
 i«=103 
 
 2x133 
 $205 
 = $10 -f — 
 
 = $10.77 
 
384 
 
 Appendix IV — Waob Investigation 
 
 
 
 i 
 
 i 
 
 i 
 
 TABLE 6.— ACTUAL EARNINGS DURING ONE WEEK, OF WOMEN EMPLOYED 
 IN MILLINERY ESTABLISHMENTS, BY MAIN BRANCHES OF THE TRADE 
 CURRENT PAYROLL, 1914 '^^^rj, 
 
 Weekly Earninqs 
 
 Less than $2 
 
 $2 and less than $2.50 
 $2.50 and less than $3 
 $3 and less than $3.50 
 $3.50 and less than $4 
 $4 and less than $4.50 
 $4.50 and less than $5 
 $5 and less than $5.50 
 $5.50 and less than $6 
 $6 and less than $6.50 
 $6.50 and less than $7 
 $7 and less than $7.50 
 $7.50 and less than $8 
 $8 and less than $9 . . . 
 $9 and less than $10 
 $10 and less than $11 
 $11 and less than $12 
 $12 and less than $13 
 $13 and less than $14 
 $14 and less than $15 
 $15 and less than $16 
 $16 and less than $18 
 $18 and less than $20 
 $20 and less than $25 
 $25 and less than $30 
 $30 and less than $35 
 $35 and less than $40 
 $40 or more 
 
 Total 
 
 Median earnings 
 
 For the wholesale shops this table is much more satisfactory than the 
 precedipg one, since in this case the distribution by earnings of piece 
 workers as well as week workers can be shown. For the whole group, 
 the median earnings were $9.69. For retail workers the median was 
 $9.3Q, for retail-wholesale, $12.09, and for wholesale $9.41. Although 
 the range of earnings is wide, varying from less than $2 to more than 
 $40 a week, the proportion earning $15 or more is not large,— 15 per 
 cent ^Never theless it is obvious that millinery is not one of the very 
 
 • Of the total, 1,951, for whom the rates of wages were secured, 82 were piece workers 
 whose earmn^ were not mcluded as they had been employed only five days durinir the we7k 
 on account of a legal holiday and their earnings were not stricu7compLaTCth tl^ 
 m shops havmg a normal six-day working week. p»r»u*e wim mose 
 
 The Millineky Tbade 
 
 385 
 
 low paid industries for women. The range of earnings would seem 
 to indicate also that skill or length of experience affects earning capacity, 
 since in industries in which the process requires little skill and in which 
 experience counte less than some other factors like speed, endurance 
 or muscular development, variety in wages is less marked. Whether 
 this hypothesis is correct, and whether length of experience does count 
 can best be shown by Table 7, giving rates of wages, and Table 8, actual 
 earnings by years in the trade. The number considered is less than in 
 the preceding tables because they represented payroll transcriptions, 
 and the tables which, follow are based on the cards filled by the giris 
 in the workroom. As already explained, not all those listed on the 
 payroll filled these cards. 
 
 Vol. II — 13 
 
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 Appendix IV — Wage Investigation 
 
 
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 387 
 
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 The Millineey Teade 
 
 389 
 
 TABLE 8A.- MEDIAN* WEEKLY RATES OF WAGES AND EARNINGS OF 
 WOMEN EMPLOYED IN MILLINERY, BY YEARS IN THE TRADE, CURRENT 
 PAYROLL, 1914 
 
 TBARS IN THB TRADB 
 
 Number 
 report- 
 ing 
 
 weekly 
 rate of 
 wages 
 
 Leaa than 1 year 
 
 1 year and less than 2 years. . 
 
 2 years and less than 3 years . 
 
 3 years and less than 5 years . 
 5 years and less than 7 years . 
 7 years and less than 10 years . 
 10 years and less than 15 years. 
 15 years and less than 20 yean. 
 20 years and more 
 
 Total. 
 
 85 
 
 63 
 
 88 
 
 213 
 
 166 
 
 186 
 
 159 
 
 41 
 
 25 
 
 1,026 
 
 Median 
 wage 
 rate 
 
 NUMBER REPOHTINQ 
 ACTUAL EARNINGS 
 ON CURRENT PAY- 
 ROLL 
 
 $4.09 
 
 6.04 
 7.05 
 8.99 
 11.54 
 13.13 
 15.24 
 20.50 
 16.75 
 
 110.82 
 
 Week 
 
 85 
 
 63 
 
 88 
 
 213 
 
 166 
 
 186 
 
 159 
 
 41 
 
 25 
 
 1,026 
 
 Piece 
 
 MEDIAN 
 EARNINGS 
 
 Week 
 
 9 
 21 
 49 
 41 
 49 
 44 
 15 
 16 
 
 244 
 
 13.91 
 
 5.77 
 
 6.55 
 
 8.65 
 
 11.14 
 
 12.70 
 
 14.81 
 
 20.50 
 
 17.00 
 
 Piece 
 
 $10.33 
 
 $4.50 
 8.17 
 8.79 
 
 10.39 
 9.06 
 9.57 
 
 11.25 
 9.00 
 
 $9.21 
 
 For the group of week workers the median wage rate was $10.82. 
 A computation of the median in groups of equal experience in the 
 trade shows a steady, although slow, progression from $4.09 for week 
 workers or " time" workers at work less than a year to $20.50 for 
 those whose experience was between 15 and 20 years. The table 
 shows that the actual earnings were lower than the wage rates in the 
 greater number of groups. The range of earnings of piece workers 
 was not so wide as for time workers. Between the group with five to 
 seven years of experience and those with fifteen to twenty the differ- 
 ence in earning capacity was slight, while in the intermediate groups 
 the median wages were slightly less than for either of these. For the 
 whole group the median earnings of time workers were $10.33 and of 
 piece workers $9.21. 
 
 Statistics of wages according to age give us much the same kind of 
 information, but the figures are not identical. A woman of twenty 
 years' experience may have begun work at fourteen or at twenty, or a 
 woman who has been a milliner three years may be seventeen or thirty- 
 five. A given wage has a different meaning for the girl of seventeen 
 and the woman of thirty-five or forty. Tables 9 and 10 show rates and 
 earnings by ages. 
 
 • For expUnation of the method of computing the median, see footnote, page 383. 
 
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 390 
 
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 Appendix IV— Wage Investiqati 
 
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 392 
 
 Appendix IV— Wage Investigation 
 
 ^id the younger girls, but they show also that at least a fewTmen 
 reach the higher wage groups early; that is, between the ages of 21 
 
 " TableTo T'"' \'^'' '"' *'"^ •" ^^ ^'S''-' wage^olumn. 
 In Table 10, we discover that of 507 girls under 21, only 5 received 
 
 „t^ T/.Tr "•"■' ^''^ "^"'"^ '^« *^«° »15 a week. It would 
 appear that high wages in millineiy are not attained by a large proper 
 tion of the workers and certainly not until after considerable oxperieL 
 The medians show, however, steady increases with age, proably due 
 primarily to increasing length of experience. The numLn. in the 
 highest age groups are too small to base conclusions upon them. That 
 tile prizes are chiefly reserved for those who have the ability to become 
 designers or forewomen is shown in Tables 11 and 12, giving rates and 
 earnings according to work done. The numbers treated here are identi- 
 cal with those for whom current payroll statistics were copied, since 
 the facts about the occupation of each worker were secured frm the 
 employer and did not depend upon the workers' records. 
 
 The Millixery Trade 
 
 393 
 
 According to Table 12 only 7 of the 72 designers received less than 
 $18 a week, while 28 of them earned $40 or more, ranging as high as 
 $150. The table of median wage rates shows that apprentices and floor 
 girls go considerably below the median for the whole group, and fore- 
 women and designers rise above it, but that all the other groups of 
 workers tend to somewhat the same wage level whether thej be machine 
 operators (not including straw hat makers) or hand sewers. It will 
 be noted that the term " milliners " in this table is used to designate 
 all who take part in trimming excepting designers and apprentices. 
 
 The characteristics of the workers, ages, nationality, and trade ex- 
 perience, deducible from their own statements on the cards discussed 
 in previous tables will be described more fully after the other sets of 
 wafi:e statistics have been presented. One more table, however, drawn 
 from the girls' own statements may well be discussed hera Table 
 13 shows earnings according to years of employment in the shops 
 investigated. 
 
i' 
 
 I : 
 
 394 
 
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 Appendix I V— Wage Investigation 
 
 
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 395 
 
396 
 
 Appendix IV — Wage Investigation 
 
 The Millinery Trade 
 
 397 
 
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 Ai'PKxnix IV — Wace Investigation 
 
 The Millinery Trade 
 
 399 
 
 h 
 
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 Of 1,278 workers in this group, as many as 421 had been in the shop 
 less than a year. Table 8 has shown us that only 85 of these milliners 
 had had less than a year's experience in the trade, so the large propor- 
 tion who had been employed in their present work-place so short a 
 time can be accounted for only by the assumption that for some reason 
 the fore© in millinery shops is singularly lacking in stability. The 
 number at work in the same shop five years or longer was 270, or 21 
 pet cent. The incrjeases in the medians according to duration of em- 
 ployment in one shop seem to indicate that it pays to continue with one 
 firm as long as possible. A very few, it should be noted, had had a very 
 long experience in one shop. That theirs were exceptional cases cannot 
 be explained by the fact that the firms themselves were extraordinarily 
 short-lived. It is true that one wholesale employer remarked that the 
 average life of a retail shop was only five years, and that the wholesale 
 trade also was characterized by an nr.certainty as great as that of specu- 
 lation in stocks. Nevertheless, although this may be true of the trade 
 in general, our enforced selection of shops in which more or less satis- 
 factory payroll data could be secured has tended apparently to the 
 choice of more stable firms for investigation, as Table 14 shows. 
 
 TABLE 14. 
 
 YEARS IN BUSINESS OF MILLINERY ESTABLISHMENTS, AND 
 MAXIMUM FORCE EMPLOYED DURING 1913 
 
 Years in Business 
 
 I.«88 than 1 year 
 
 1 year and less than 5 years. . . . 
 5 years and less than 10 years . . 
 10 years and less than 15 years. 
 15 years and less than 20 years. 
 20 years and less than 30 years . 
 30 years and less than 40 years . 
 40 years and less than 50 years . 
 50 years or more 
 
 Firms 
 
 Maximum 
 force of 
 women 
 
 employed 
 during 1913 
 
 Total. 
 
 2 
 1 
 
 19 
 9 
 7 
 7 
 1 
 2 
 2 
 
 40 
 22 
 616 
 358 
 383 
 496 
 57 
 188 
 153 
 
 ►50 
 
 ♦2,313 
 
 Only two firms of those from whom current payroll statistics were 
 secured had been in business less than a year, while 28 of the 50 report- 
 ing on this point had been in existence ten years or longer. These were 
 
 * Seven firms, empIo3ring a maximum force of 237 women, did not report number of years 
 in business. 
 
400 
 
 Api'E.NDix IV— Wage Investigation 
 
 The Millineky Tkade 
 
 i) 1 
 
 ivi 
 
 i 
 
 if- 
 
 I 
 
 I 
 
 i: I' 
 
 also the firms employing the majority of the workers, measuring them 
 by the maximun, force employed in the year. Several had been in 
 business for many years. For instance, one establishment was founded 
 nearly seventy years ago on Catherine Street, near Chatham Square, 
 lor a while, as it grew, it was located on Canal Street, then the fashion- 
 able shopping center. From there it was carried on the current of 
 up-town moving to Twenty-third Street, and then to upper Fifth Ave- 
 nue. Other firms, also, have been in business long.enough to reflect-the 
 history of business location and business conditions in New YorL In 
 some instances employes in these old establishments could boast of 
 long periods of service, extending even to forty years or more, but they 
 were exceptional. •^ 
 
 Length of Employment in Any One Establishment in the Calendar Year 
 Although the length of time the workers' names appeared on the pay- 
 rolls m the calendar year relates properly to the subject of irrt^ilarity 
 of employment to be discussed later, it is so important a factor in an 
 understanding of the wage statistics drawn from the yearly payrolls 
 that It IS presented here. Table 15 shows the facts. 
 
 401 
 
 TABLE 15.— WEEKS THAT WOMEN WERE ON THE ANNUAL PAYROLL, IN 
 MILLINERY ESTABLISHMENTS, BY MAIN BRANCHES OF THE TRADE, IN 
 THE CALENDAR YEAR 1913 
 
 if 
 
 WUCKS 
 
 WOMBN ON PAYROLL THE SPECI- 
 FIED NUMBER OF WEEKS WHO 
 WERE EMPLOYED IN 
 
 ALL WOMEN 
 
 
 Retail 
 
 Retail- 
 wholcRale 
 
 Wholesale 
 
 Number 
 
 Per cent 
 
 1 
 
 78 
 
 37 
 
 21 
 
 17 
 
 14 
 
 16 
 
 17 
 
 12 
 
 8 
 
 15 
 
 16 
 
 16 
 
 11 
 
 13 
 
 6 
 
 3 
 
 2 
 
 10 
 
 6 
 
 2 
 
 2 
 
 1 
 
 1 
 
 2 
 
 6 
 
 3 
 
 3 
 
 6 
 
 3 
 
 4 
 
 2 
 
 3 
 
 8 
 
 6 
 
 8 
 
 3 
 
 5 
 
 7 
 
 9 
 
 6 
 
 6 
 
 6 
 
 4 
 
 7 
 
 8 
 
 14 
 
 13 
 
 2 
 
 6 
 
 7 
 
 16 
 
 8 
 
 95 
 
 41 
 
 29 
 
 17 
 
 16 
 
 9 
 
 10 
 
 16 
 
 8 
 
 8 
 
 13 
 
 11 
 
 8 
 
 15 
 
 12 
 
 10 
 
 14 
 
 6 
 
 8 
 
 e 
 
 4 
 6 
 
 e 
 
 4 
 4 
 
 4 
 
 6 
 
 8 
 
 3 
 
 6 
 
 6 
 
 3 
 
 T 
 
 6 
 
 16 
 
 4 
 
 8 
 
 6 
 
 9 
 
 11 
 
 13 
 
 18 
 
 12 
 
 15 
 
 18 
 
 9 
 
 22 
 
 22 
 
 20 
 
 8 
 
 5 
 
 607 
 307 
 196 
 148 
 128 
 104 
 74 
 59 
 57 
 53 
 56 
 49 
 44 
 36 
 32 
 37 
 40 
 22 
 35 
 22 
 19 
 29 
 20 
 22 
 16 
 28 
 10 
 15 
 15 
 22 
 21 
 8 
 24 
 6 
 14 
 17 
 23 
 15 
 21 
 25 
 20 
 19 
 9 
 21 
 17 
 20 
 20 
 27 
 37 
 43 
 34 
 97 
 
 780 
 385 
 246 
 182 
 158 
 129 
 101 
 87 
 73 
 76 
 85 
 76 
 63 
 64 
 50 
 50 
 56 
 38 
 49 
 29 
 27 
 34 
 27 
 30 
 26 
 35 
 17 
 26 
 21 
 29 
 29 
 17 
 35 
 19 
 28 
 36 
 32 
 30 
 36 
 40 
 36 
 38 
 31 
 40 
 40 
 52 
 42 
 51 
 65 
 70 
 57 
 110 
 
 19 6 
 
 2 
 
 9 7 
 
 3 
 
 6 2 
 
 4 
 
 4 6 
 
 5 
 
 4 
 
 6 
 
 3 2 
 
 7 
 
 2 5 
 
 8 
 
 2 2 
 
 9 
 
 1 8 
 
 10 
 
 1 9 
 
 11 
 
 2 1 
 
 12 
 
 1 9 
 
 13 
 
 1 6 
 
 14 
 
 1 6 
 
 16 
 
 1 3 
 
 16 
 
 1 3 
 
 17 
 
 1 4 
 
 18 
 
 9 
 
 19 
 
 1 2 
 
 20 
 
 7 
 
 21 -. 
 
 7 
 
 22 
 
 g 
 
 23 
 
 7 
 
 24 
 
 8 
 
 25 
 
 6 
 
 26 
 
 g 
 
 27 
 
 4 
 
 28 
 
 6 
 
 29 
 
 5 
 
 30 
 
 7 
 
 31 
 
 7 
 
 32 
 
 4 
 
 33 
 
 9 
 
 34 
 
 5 
 
 36: 
 
 7 
 
 36 
 
 9 
 
 37 
 
 8 
 
 38 
 
 8 
 
 39 
 
 9 
 
 40 
 
 1 
 
 41 
 
 9 
 
 42 
 
 1 
 
 43 
 
 8 
 
 44 
 
 1 
 
 45 
 
 1 
 
 46 
 
 1 3 
 
 47 
 
 1 1 
 
 48 
 
 1 3 
 
 49 
 
 1.6 
 1 8 
 
 60 
 
 61 
 
 1 4 
 
 62 
 
 2 8 
 
 
 
 Total 
 
 502 641 
 
 2,840 
 
 3,983 
 
 100.0 
 
402 
 
 Appendix IV — Wage IxNvestigation 
 
 The Millinery Tkade 
 
 403 
 
 These figures and all which follow relating to the weeks of employ- 
 ment in any one shop in a year for these 3,983 women and the income 
 received during these periods must be used cautiously. They do not 
 show the length of time these milliners were employed in these shops, 
 since many may have entered their positions in 1912 or earlier and 
 doubtless others have continued in the same positions in 1914. Nor 
 do they show the total employment of these girls in millinery in 1913, 
 since many whose names appeared but a short time on the payrolls of 
 the shops studied may have found work in other millinery establish- 
 ments or in other occupations. They do show the number of times each 
 worker appeared on the payroll in one shop in the calendar year 1913, 
 and consequently they afford a measure of tlio amount of shifting and 
 changing during those twelve months. Combined with the facts already 
 quoted regarding the total length of employment in the trade and in 
 one establishment of a representative group of milliners, and with the 
 data to be outlined later showing weekly fluctuations in the force, this 
 information deducible from a study of the annual payroll supplies 
 additional evidence of irregularity of employment in millincrv. More- 
 over, as will be shown later (Table 21, page 59), only 1,041 women 
 were on the payrolls the first week in the calendar year, and only 906 
 in the last week, while of these, 110 whose employment was continuous 
 for 52 weeks (Table 15) were of course counted both in the first and 
 the last week, and should be eliminated from one of the groups, mak- 
 ing a total of 1,837 whose work may have extended back into 1912 or 
 forward into 1914. For the remaining 2,146 of the 3,983 studied, 
 the period of employment could not have been continuous from 1912 
 or into 1914. Keeping in mind what the figures do not mean, in terms 
 of total employment for the entire group, we may safely conclude that 
 only in a markedly irregular trade would it be true that only 672 or 
 17 per cent of the 3,983 workers employed in these shops in the course 
 of a year appeared on the payroll of any one shop forty weeks or 
 longer in those twelve months, while 52 per cent were recorded eight 
 weeks or less, and 780 or 20 per cent one week or less.* 
 
 Weekly Earnings While on Payroll 
 It is hardly necessary to emphasize again the fact that all the warn- 
 ings given in the preceding paragraph apply with equal force to a dis- 
 cussion of the wage statistics copied for each worker during as many 
 
 ♦Appendix A, Table I, pages 435, 436, shows these facts for each establishment 
 investigated 
 
 weeks as her name appeared on the payroll in any one shop between 
 January 1 and December 31, 1913. They do not show the total income 
 of a worker in the year unless she happened to be employed 52 weeks 
 in one position so that all her time was accounted for in one shop. 
 They do not show even her loss in wages through unemployment. They 
 do show the contents of the pay envelopes actually received by every 
 employe in these shops in the course of a year and thus should be con- 
 sidered as additional evidence regarding weekly earnings. The 
 statistics have been handled not by selecting any one week as typical, 
 but by ascertaining the total earnings of each worker and then dividing 
 by the number of weeks she was on the payroll of one shop in order to 
 discover her average weekly receipts. If a girl was employed three 
 months in the spring and three months in the autumn season with a 
 period of two months between in which her name was dropped from 
 the books, her total receipts for the two periods of work were divided 
 by the number of weeks she was on the payroll rather than the number 
 of weeks between the beginning of the spring season and the end of the 
 autumn. Had the data been available to show whether or not she was 
 at work elsewhere during those weeks of apparent idleness, then the 
 distribution of her income over the longer period would have revealed 
 the modification of weekly earnings through unemployment. Failing 
 this, we were justified in assuming only that the data showed the 
 average contents of the pay envelopes for individual workers rather 
 than for the group, and for the entire year rather than for a selected 
 week. Table 16 shows the distribution according to earnings thus 
 averaged for the period of employment in any one shop. 
 
404 
 
 t! 
 
 I 
 
 Appendix IV—Waoe Investigation 
 
 '^1;!?i:L^^~^^^^'^^^ weekly earnings during period op PMPT/.V 
 
 Average Weekly Earnings 
 
 WOMEN WHOSE AVERAGE WEEKLT 
 EARNINGS DURING PERIOD OF 
 EMPLOTMBNT WERE AS SPBCI- 
 flED 
 
 Less than $2 
 
 $2 and less than $2.50. 
 $2.50 and less than S3. 
 $3 and less than $3.50. 
 $3.50 and less than $4. 
 $4 and less than $4.50. 
 $4.50 and less than $5. 
 $5 and less than $5.50. 
 $5.50 and less than $6. 
 $6 and less than $6.50. 
 $6.50 and less than $7. 
 $7 and less than $7.50. 
 $7.50 and less than $8. 
 
 $8 and less than $9 
 
 $9 and less than $10 . . . 
 
 $10 and less than $11 . . 
 
 $11 and less than $12 . . 
 
 $12 and less than $13.. 
 
 $13 and less than $14. . 
 
 $14 and less than $15 . , 
 
 $15 and less than $16 . . 
 
 $16 and less than $18 . . 
 
 $18 and less than $20. . 
 
 $20 and less than $25 . . 
 
 $25 and less than $30. . 
 
 $30 and less than $35 . . 
 
 $35 and less than $40. . 
 
 $40 and less than $50 . . 
 
 $50 or over 
 
 Total. 
 
 Number 
 
 81 
 73 
 80 
 86 
 82 
 120 
 124 
 142 
 142 
 157 
 162 
 156 
 128 
 271 
 293 
 261 
 221 
 153 
 06 
 86 
 45 
 45 
 53 
 
 m. 
 
 26 
 90 
 18 
 11 
 
 21 
 
 Per cent 
 
 2.5 
 2.3 
 2.5 
 2.7 
 2.6 
 3.7 
 3.9 
 4.4 
 
 4 
 
 9 
 
 9 
 
 5 
 
 I •3,203 
 
 4 
 
 4 
 
 5 
 
 4 
 
 4 
 
 8 
 
 9.1 
 
 8.1 
 
 6.9 
 
 4.8 
 
 3.0 
 
 2.7 
 
 1.4 
 
 1.4 
 
 1.7 
 
 1.6 
 
 .8 
 
 .6 
 
 .6 
 
 .3 
 
 .7 
 
 100.0 
 
 The median is between $8 and $9. The number earning less than 
 $5 was 646 or 20 per cent The fact that the wage scale ranges up to 
 $50 or higher must not blind us to the significance of this fact~tiiat 
 one in five was receiving less than $5 a week, and that more than 
 half earned less than $9. The proportion earning $15 or more, includ- 
 ing, it should be noted, all designers and forewomen, was only 290 or 
 
 9 per centt Table 17 shows the difference in different occupational 
 groups. '^ 
 
 H 
 
 The Millineey Tead 
 
 5 
 
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 m 
 
 a 
 
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 o 
 
 
 T 
 
 <!, I'i iJ S i I I 
 
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 CO 
 CO 
 
 ^ 
 
 s 
 
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 t-Hcoc<i»-i 
 
 0'*»0»0000>»0"^*-iO»-t 
 
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 CO 
 
 00 
 
 
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 ngj^^gg^is^ 
 
 to 
 
 Q'— <C0«O05«O»— •500S'— tt-io 
 
 1-H • 1-1'^ to '^ 
 
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 i-< 1-H (N (N ?5 
 
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 5 
 
 qqqqqqaaaaaa 
 
 ••118 
 
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 Ja8fl8aa8aS4«8S3«8eaa 
 
 73 T3 
 
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 CO 
 
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 405 
 
 0t 
 
 
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 ^ 
 
404 
 
 Appendix IV— Wage Investigation 
 
 TABLE 16.- AVERAGE WEEKLY EARNINGS DURING PERIOD OF EMPT/^V 
 MENT OF WOMEN. EMPLOYED IN ANY ONE MILLINERY ESTABLISHME^^^ 
 FORMORE THAN ONE WEEK IN THE CALENDAR YEAR ^/g'^^^^^^^NT 
 
 Average Weekly Earnings 
 
 WOMEN WHOSE AVERAGE WEEKLT 
 EARNINGS DURING PERIOD OF 
 ■MPLOTlfENT WERE A8 SPECI- 
 FIED 
 
 Less than $2 
 
 12 and less than $2.50. 
 
 $2.50 and less than $3. 
 
 $3 and less than $3.50. 
 
 $3.50 and less than $4. 
 
 $4 and less than $4.50. 
 
 $4.50 and less than $5. 
 
 $5 and less than $5.50. 
 
 $5.50 and less than $6. 
 
 $6 and less than $6.50. 
 
 $6.50 and less than $7. 
 
 $7 and less than $7.50. 
 
 $7.50 and less than $8. 
 
 $8 and less than $9 . . . 
 
 $9 and less than $10. . 
 
 $10 and less than $11 . 
 
 $11 and less than $12. , 
 
 $12 and less than $13 . . 
 
 $13 and less than $14 . . 
 
 $14 and less than $15. . 
 
 $15 and less than $16 . . 
 
 $16 and less than $18 . . 
 
 $18 and less than $20 . . 
 
 $20 and less than $25 . . 
 
 $25 and less than $30 . . 
 
 $30 and less than $35 . . 
 
 $35 and less than $40 . . 
 
 $40 and less than $50 . . 
 
 $50 or over 
 
 Total. 
 
 Number 
 
 Per oeat 
 
 81 
 
 2.5 
 
 73 
 
 2.3 
 
 80 
 
 2.5 
 
 86 
 
 2.7 
 
 82 
 
 2.6 
 
 120 
 
 3.7 
 
 124 
 
 3.9 
 
 142 
 
 4.4 
 
 142 
 
 4.4 
 
 157 
 
 4.9 
 
 162 
 
 6.0 
 
 156 
 
 4.9 
 
 128 
 
 4.0 
 
 271 
 
 8.5 
 
 293 
 
 9.1 
 
 261 
 
 8.1 
 
 221 
 
 6.9 
 
 153 
 
 4.8 
 
 95 
 
 3.0 
 
 86 
 
 2.7 
 
 45 
 
 1.4 
 
 45 
 
 1.4 
 
 53 
 
 1.7 
 
 51 
 
 1.6 
 
 26 
 
 .8 
 
 20 
 
 .6 
 
 18 
 
 .6 
 
 11 
 
 .3 
 
 21 
 
 .7 
 
 •3,203 
 
 100.0 
 
 The median is between $8 and $9. The number earning less than 
 $5 was 646 or 20 per cent The fact that the wage scale ranges up to 
 $50 or higher must not blind us to the significance of this fact — that 
 one in five was receiving less than $5 a week, and that more than 
 half earned less than $9. The proportion earning $15 or more, includ- 
 ing, it should be noted, all designers and forewomen, was only 290, or 
 
 9 per cent-t Table 17 shows the difference in different occupational 
 groups. 
 
 7sn^.i^L^k^ '''*°^fi'^ who appeared on the annual payroD at any time during the yter 
 780 were on the payroU a week or less in the calendar year and were omitted fiom thS^taWe 
 tAppendix A, Table II, pages 437. 439, shows the wage distribution btih^hor 
 
 
 » 
 
 » 
 
 The Millinery Trade 
 
 405 
 
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406 
 
 Appendix IV — Wage Iihtestioation 
 
 The higher wage levels are reached only by designers and forewomen, 
 and to some extent by trimmers. For the makers the median is $10.22, 
 for preparers $6.27, for improvers $5.07, and for apprentices $2.47. 
 The largest group, more than a third, were copyists, and the median 
 earnings for them was $8.83.* 
 
 Whether or not there is any relation between the weeks of employ- 
 ment in one shop in a year and the ability of the worker as measured 
 by her earnings can best be shown by a study of the wage distribution 
 according to duration of employment, as in Table 18. 
 
 TABLE 18.— AVERAGE WEEKLY EARNINGS DURING PERIOD OF EMPLOY- 
 MENT, OF WOMEN EMPLOYED IN ANY ONE MILLINERY ESTABLISHMENT 
 FOR MORE THAN ONE WEEK DURING THE CALENDAR YEAR 1913 BY 
 NUMBER OF WEEKS ON THE PAYROLL DURING THIS PERIOD 
 
 AvKRAOs Weekly Earnings 
 
 Women emplotbd in one estabushmeni^ 
 
 IN THE CALENDAR TEAR 1013 
 
 Less than $2 
 
 12 and less than $2.50. 
 12.50 and less than $3. 
 
 13 and less than $3.50. 
 $3.50 and less than $4. 
 $4 and less than $4.50. 
 $4.50 and less than $5. 
 $5 and less than $5.50. 
 $5.50 and less than $6. 
 $6 and less than $6.50. 
 $6.50 and less than $7. 
 $7 and less than $7.50. 
 $7.50 and less than $8. 
 $8 and less than $9 . . . 
 $9 and less than $10 . . 
 $10 and less than $11. 
 $11 and less than $12-. 
 $12 and less than $13 . 
 $13 and less than $14 . 
 $14 and less than $15 . 
 $15 and less than $16 . . 
 $16 and less than $18 . 
 $18 and less than $20 . . 
 $20 and less than $25 . . 
 $25 and less than $30. . 
 $30 and less than $35 . . 
 $35 and less than $40 . . 
 $40 and less than $50 . . 
 $50 or over 
 
 Over 1 week 
 
 and less than 
 
 10 weeks 
 
 10 weeks 
 
 and less than 
 
 20 weeks 
 
 Total. 
 
 62 
 
 52 
 
 53 
 
 67 
 
 48 
 
 82 
 
 75 
 
 93 
 
 67 
 
 89 
 
 78 
 
 68 
 
 53 
 
 117 
 
 93 
 
 82 
 
 51 
 
 41 
 
 17 
 
 15 
 
 13 
 
 11 
 
 12 
 
 18 
 
 5 
 
 2 
 
 1 
 
 2 
 
 4 
 
 1,361 
 
 18 
 14 
 13 
 
 7 
 17 
 18 
 19 
 24 
 32 
 29 
 35 
 26 
 26 
 45 
 55 
 59 
 55 
 19 
 21 
 17 
 
 8 
 12 
 16 
 8 
 5 
 5 
 
 1 
 3 
 
 20 weeks 
 or over 
 
 AU 
 women 
 
 607 
 
 1 
 
 7 
 
 14 
 
 22 
 
 17 
 
 20 
 
 30 
 
 25 
 
 43 
 
 39 
 
 49 
 
 62 
 
 49 
 
 109 
 
 145 
 
 120 
 
 115 
 
 93 
 
 67 
 
 54 
 
 24 
 
 22 
 
 25 
 
 26 
 
 16 
 
 13 
 
 16 
 
 6 
 
 17 
 
 1,236 
 
 81 
 73 
 80 
 
 86 
 
 82 
 
 120 
 
 124 
 
 142 
 
 142 
 
 167 
 
 162 
 
 166 
 
 128 
 
 271 
 
 293 
 
 261 
 
 221 
 
 163 
 
 95 
 
 86 
 
 45 
 
 45 
 
 63 
 
 51 
 
 26 
 
 20 
 
 18 
 
 11 
 
 21 
 
 ♦3,203 
 
 Appendix A, Table III, page 440, shows the weekly earnings averaged during the 
 period of employment, by occupations and main branches of the trade. 
 
 t Of the 3,983 women who appeared on the annual payroll at any time during tne 
 year, 780 were on the payrolls a week or less and were omitted from this table. 
 
 The Millinery Trade 
 
 407 
 
 As we have already explained, some of these jobs doubtless b^an 
 previous to January 1, 1913, and some have lasted longer than Decem- 
 ber 31st, so that for a proportion of them the duration is not complete. 
 In a thoroughly regularized industry, however, and one in which the 
 force was stable, only so many jobs would terminate within the year as 
 might represent a normal displacement of workers because of old age, 
 death, retirement, or other natural causes. No data are available on 
 which to base an estimate of what would constitute such a normal dis- 
 placement but indirect evidence is to be found in the provision made by 
 some trade unions that the number of apprentices shall never exceed 
 the proportion of one to ten experienced workers. It is surely signifi- 
 cant, then, that in millinery, of all the workers employed in this repre- 
 sentative group of shops, 1,361 or 42 per cent appeared on the pay- 
 rolls less than ten weeks between January 1st and the following Decem- 
 ber 31st, indicating numerous changes in the force of workers, while 
 1,235, or 39 per cent, were in the same shop 20 weeks or longer. The 
 table shows a scattering through the entire range of wage-groups for 
 those on the payroll less than ten weeks as for those at work twenty 
 weeks or longer. Nevertheless, the proportion earning the lower wages 
 was greater among those whose terms of employment in the period 
 studied were brief. The median wage for those at work as long as a 
 week but less than ten weeks was between $6.50 and $7, for those em- 
 ployed between ten and twenty weeks $8 to $9, and for those at work 
 twenty weeks or longer $9 to $10. 
 
 Another way of viewing the figures is to consider the proportion in 
 the different wage groups whose records on the payrolls were brief. We 
 have noted that 42 per cent were on the payrolls less than ten weeks. 
 Classified according to wages, however, the proportion was 66 per cent, 
 or 429 of 646, for those getting less than $5; 45 per cent, or 658 
 of 1,451, for those getting between, $5 and $10; 25 per cent, or 206 
 of 816, for those getting between $10 and $15; and 23 per cent, or 
 68 of 200, for those receiving $15 or more. Apparently employment 
 was least regular for those whose wages were lowest, a fact of great 
 importance in an effort to increase the earnings of the lowest-paid 
 workers. The first explanation would seem to be that these are 
 the ineffi'*ient who are worth neither high wages nor steady employ- 
 ment. Doubtless this is true in part, and both the industry and the 
 community must devise plans for increasing efficiency. But another 
 
408 
 
 Appendix IV— Wage Investigation 
 
 The Millineey Trade 
 
 409 
 
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 explanation would shift the responsibility from the workers to the 
 industry and ask why millinery shops take on so many low-paid workers 
 for brief periods of work. 
 
 A short term of employment and low wages combine to reduce total 
 receipts from a single establishment to a very low level. We have 
 already explained that even the careful transcription of a payroll 
 week by week for an entire year does not enable us to draw any con- 
 clusions as to the workers' yearly income. All that we can state with 
 authority is the total amount received by each girl while at work in 
 one shop, in the course of the year to which the inquiry was limited. 
 Table 19 shows these facts. 
 
 The median was between $75 and $100, that is, half the workers 
 received less than that amount as their total receipts from one place 
 of employment in the twelve months for which we secured records. 
 Only 387, or 12 per cent, received $500 or more, while 708, or 22 per 
 cent, received less than $25. Even the designers were not uniformly 
 fortunate in earning an adequate income in one position, in that year. 
 Of 99 designers, 44 received less than $500. This may have been due 
 in part to the fact that some shops employ designers for a brief period 
 only at the beginning of the season to prepare models which can then 
 be adapted and modified by less expensive workers. A correlation of 
 total earnings with length of time on the payroll classified by main 
 branches of the trade is the subject of Table 20. 
 
 Perhaps the most significant figures in this table are those showing 
 the total receipts of those who received pay twenty weeks or longer, a 
 total group of 1,235. The median income for them was between $300 
 and $400, and only 381, or 31 per cent, received $500 or more while 
 in one shop. Apparently a living wage for the majority of milliners 
 is secured, if at all, only by holding more than one position in a year. 
 
 Is this necessity for frequent changes to be charged to the inefficiency 
 or restlessness of the workers, or is the trade itself unstable, fluctuating 
 from season to season ? The question can best be answered through a 
 discussion of our third set of wage statistics, those showing the number 
 of names on the payroll and the total wages paid each week in the year. 
 Frequent changes in the personnel of the labor force would not mean 
 necessarily great changes in the total workroom force, since, presum- 
 ably, if the business itself were equally distributed throuffhout the vear 
 new workers would be engaged to take the places of those who had 
 
410 
 
 Appendix IV— Wage Investigation 
 
 
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 The Millinery Trade 
 
 411 
 
 left and the payroll would not vary greatly from week to week. In 
 gathering this material, we have limited it to women and girls em- 
 ployed in the actual millinery work, instead of using the total for the 
 establishment as a whole including the clerical force and workers in 
 other departments of the business. Thus, instead of using the totals 
 as recorded by the employers in the wage books, we have counted sepa- 
 rately all the milliners whose names we found on the payrolls and added 
 together their earnings. It is, therefore, a true record of the millinery 
 workroom without the complicating factors introduced by the inclusion 
 of employes in other departments. The facts are presented separately 
 for each branch of the trade and for the three branches combined. It 
 should be noted that since the seasons differ in retail and wholesale, 
 their fluctuations nullify each other to a certain extent when the three 
 are combined. Table 21 shows the number of employes and the wages 
 paid each week in shops in the three branches of the trade, wholesale, 
 retail, and retail with some wholesale trade. 
 
 In wholesale shops the total force varied from 1,168 to 426, with the 
 maximum force employed in the second week in February and the 
 minimum in the last week in May. That is, the minimum force was 
 but 36 per cent of the maximum. The total wages fluctuated from 
 $12,299 to $3,612, or from 100 per cent to 29 per cent, seemingly indi- 
 cating that even the workers who are employed in the dull season re- 
 ceive less pay. Diagram I pictures these facts graphically.* It reveals 
 the fact, characteristic of the millinery industry, that two dull seasons 
 occur in the course of a year, thus forcing large numbers of employes 
 to look for other positions, which obviously must be found in some other 
 trade or at least in another branch of the millinery trade. It is true 
 that some milliners succeed in lengthening their season by working 
 first in wholesale and then in retail shops. A comparison of the fluctu- 
 ations in employment in wholesale and retail shops shows that the peak 
 of employment in wholesale does precede the maximum in retail. In 
 the retail establishments investigated the maximum force, 255, was 
 employed in the second week of April and the minimum, 63, or 25 per 
 cent of the maximum, in the last week of July. We have already 
 noted that in the wholesale establishments the week of maximum em- 
 ployment occurred in February and the minimum in May. That the 
 retail shops which have also some wholesale trade have a somewhat 
 
 •Appendix A, Table V, pa^e 443, and Diagrrams II and III, pa^os 444. 445 show 
 the facte separately for week workers and piece workers in wholesale shops. 
 
412 
 
 Appendix IV — Wage Investigation 
 
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 The Millineby Teade 
 
 413 
 
 TABLE 2L-- NUMBER OF WOMEN EMPLOYED AND TOTAL WAGES PAID IN 
 MILLINERY ESTABLISHMENTS BY MAIN BRANCHES OF THE TRADE BY 
 WEEKS, FOR THE YEAR 1913 
 
 Number or 
 
 WCEK 
 
 1 
 
 2 
 
 3 
 
 4 
 
 6 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 26 
 
 27 
 
 28../ 
 
 29 
 
 30 
 
 31 
 
 32 
 
 33 
 
 34 
 
 36 
 
 36 
 
 37 
 
 38 
 
 39 
 
 40 
 
 41 
 
 42 
 
 43 •;.. 
 
 44 
 
 46 
 
 46 
 
 47 
 
 48 
 
 49 
 
 50 
 
 61 
 
 62 
 
 Average per 
 week 
 
 Retail 
 
 Retail — whole- 
 sale 
 
 Women 
 employed 
 
 98 
 100 
 127 
 131 
 162 
 170 
 192 
 216 
 233 
 240 
 237 
 244 
 260 
 
 252 
 265 
 260 
 241 
 234 
 208 
 188 
 178 
 164 
 166 
 148 
 135 
 119 
 
 89 
 
 86 
 
 70 
 
 63 
 
 64 
 
 116 
 
 168 
 
 197 
 
 207 
 
 238 
 
 250 
 
 239 
 
 251 
 
 250 
 248 
 252 
 235 
 217 
 206 
 189 
 183 
 170 
 160 
 141 
 133 
 109 
 
 181 
 
 Total 
 wages 
 
 $1,002 
 1,119 
 1,346 
 1,504 
 1,759 
 1,914 
 2,096 
 2,311 
 2,449 
 2,643 
 2,676 
 2,753 
 2,793 
 
 2,877 
 2,860 
 2,804 
 2,720 
 2,642 
 2,406 
 2,174 
 2,087 
 1,981 
 1,859 
 1,675 
 1,537 
 1,304 
 
 $2,079 
 
 Women 
 employed 
 
 157 
 196 
 276 
 311 
 336 
 342 
 353 
 358 
 351 
 334 
 332 
 326 
 316 
 
 313 
 306 
 301 
 289 
 254 
 242 
 239 
 232 
 208 
 174 
 157 
 146 
 132 
 
 809 
 
 112 
 
 815 
 
 148 
 
 704 
 
 215 
 
 602 
 
 255 
 
 695 
 
 294 
 
 1,362 
 
 323 
 
 1,816 
 
 337 
 
 2,172 
 
 346 
 
 2,335 
 
 354 
 
 2,638 
 
 355 
 
 2,872 
 
 350 
 
 2,805 
 
 345 
 
 2,896 
 
 336 
 
 2,938 
 
 335 
 
 2,890 
 
 332 
 
 2,931 
 
 328 
 
 2,810 
 
 315 
 
 2,633 
 
 304 
 
 2,440 
 
 304 
 
 2,376 
 
 293 
 
 2,321 
 
 249 
 
 2,149 
 
 206 
 
 1,925 
 
 211 
 
 1,840 
 
 163 
 
 1,750 
 
 144 
 
 1,315 
 
 120 
 
 Total 
 wages 
 
 $2,153 
 2,748 
 3,593 
 4,158 
 4,576 
 4,852 
 5,092 
 5,048 
 5,098 
 4,812 
 4,856 
 4,675 
 4,654 
 
 4,560 
 4,483 
 4,454 
 4,314 
 3,900 
 3,803 
 3,739 
 3,651 
 3,285 
 2,915 
 2,408 
 2,366 
 2,039 
 
 1,826 
 2,311 
 3,084 
 3,834 
 4,412 
 4,734 
 4,880 
 5,000 
 5,052 
 5,046 
 5,072 
 5,080 
 4,927 
 
 4,765 
 4,755 
 4,862 
 4,696 
 4,613 
 4,578 
 4,459 
 3,962 
 3,493 
 3,397 
 2,772 
 2,337 
 2,045 
 
 Wholesale 
 
 270 I $4,004 
 
 Women 
 employed 
 
 786 
 
 932 
 
 1,016 
 
 1,074 
 
 1,103 
 
 1,168 
 
 1,155 
 
 1,138 
 
 1,102 
 
 1,038 
 
 991 
 
 939 
 
 865 
 
 804 
 747 
 639 
 583 
 518 
 459 
 435 
 426 
 451 
 432 
 437 
 470 
 533 
 
 520 
 720 
 831 
 897 
 935 
 972 
 989 
 1,025 
 1,021 
 979 
 957 
 939 
 916 
 
 841 
 780 
 723 
 627 
 531 
 474 
 494 
 511 
 500 
 540 
 614 
 663 
 677 
 
 Total 
 wages 
 
 $6,545 
 9,090 
 10,508 
 11,255 
 11,446 
 11,989 
 12,1-53 
 12,161 
 12,299 
 11,893 
 11,141 
 10,095 
 8,775 
 
 7,963 
 6,885 
 5,595 
 4,920 
 4,345 
 3,880 
 3,822 
 3,786 
 3,641 
 3,612 
 3,822 
 4,255 
 4,762 
 
 4,111 
 
 6,524 
 
 8,062 
 
 8,775 
 
 9,464 
 
 9,906 
 
 10,523 
 
 11,074 
 
 11,387 
 
 10,978 
 
 11,859 
 
 11,736 
 
 11,404 
 
 8,115 
 7,957 
 7,026 
 5,780 
 4,777 
 4,547 
 4,832 
 4,940 
 4,371 
 5,215 
 5,974 
 6,458 
 5,701 
 
 768 I $7,733 
 
 Total 
 
 women 
 
 employed 
 
 1,041 
 1,228 
 1,419 
 1,516 
 1,591 
 1,680 
 1,700 
 1,712 
 1,686 
 1,612 
 1,560 
 1,509 
 1,431 
 
 1,219 
 
414 
 
 Appendix IV — Wage Investigation 
 
 The Millineby Trade 
 
 415 
 
 h 
 
 I'' 
 
 t 
 
 
 longer season is also evident from the diagram. Even in these work- 
 rooms, however, a large part of the force is laid off twice in the year. 
 As Table 21 shows, the number employed varied from a maximum of 
 358 to a minimum of 112, or 33 per cent of the maximum, and the 
 wages from $5,098 to $1,826, or 36 per cent of the maximum. Table 
 22 gives a summary of the facts regarding maximum, miniimim, and 
 average force, and total wages, as revealed in Table 21 and the accom- 
 panying diagram. 
 
 TABLE 22.— MAXIMUM AND MINIMUM NUMBER OF WOMEN EMPLOYED 
 IN ANY ONE WEEK, AND AVERAGE NUMBER OF WOMEN EMPLOYED AND 
 MAXIMUM AND MINIMUM AMOUNT OF WAGES PAID IN ANY ONE WEEK 
 AND AVERAGE AMOUNT OF WAGES PAID, DURING THE CALENDAR YEAR 
 1913, IN THE MAIN BRANCHES OF THE TRADE, IN 40 MILLINERY ESTAB- 
 LISHMENTS 
 
 
 NUMBER OF WOMEN 
 EMPLOYED 
 
 Per 
 cent 
 aver- 
 age 
 is of 
 maxi- 
 mum 
 
 TOTAL WAGES PAID 
 
 Per 
 
 CAQt 
 
 Main Branches 
 OF THE Trade 
 
 Maxi- 
 mum 
 
 in any 
 
 one 
 
 week 
 
 Mini- 
 mum 
 in any 
 one 
 week 
 
 Aver- 
 age 
 during 
 the 
 
 year 
 
 Maxi- 
 
 mum 
 
 in any 
 
 one 
 
 week 
 
 Mini- 
 mum 
 in any 
 one 
 week 
 
 Aver- 
 
 during 
 the 
 year 
 
 aver- 
 age 
 is of 
 maxi- 
 mum 
 
 Retail 
 
 255 
 
 358 
 
 1,168 
 
 63 
 112 
 426 
 
 181 
 270 
 768 
 
 71 
 75 
 66 
 
 $2,938 
 
 5,098 
 
 12,299 
 
 $602 
 1,826 
 3,612 
 
 $2,079 
 4,004 
 7,733 
 
 71 
 79 
 63 
 
 Retail-wholesale. . . 
 Wholesale 
 
 Besides the facts already discussed the table shows that the average 
 number of employes was but 71 per cent of the maximum in retail, 75 
 per cent in retail-wholesale, and 66 per cent in wholesala The corre- 
 sponding percentage in total wages paid was 71 per cent in retail, 79 
 per cent in retail-wholesale, and 63 per cent in wholesale. 
 
 Although the seasons in wholesale and retail are not identical but 
 rather supplement each other more or less, it is not possible for any 
 large number of milliners to have 52 weeks of work even by passing 
 from one branch of the trade to another. Table 23 shows that the 
 periods of maximum employment for the majority of the shops tend 
 to concentrate in the same quarters of the year, regardless of the branch 
 of the trade to which they belong. 
 
 Seventeen firms employed their maximum force in January, Febru- 
 ary, or March. Of course they had another busy season in the autum, 
 but for these firms the spring was the time of greatest activity in 1913. 
 In eighteen firms business reached its height in July, August, or Sep- 
 
 TABLE 23.— TIME OF YEAR WHEN THE MAXIMUM FORCE OF WOMEN WAS 
 EMPLOYED IN EACH ESTABLISHMENT, BY MAIN BRANCHES OF THE 
 TRADE, 1913 
 
 Branch of the Trade 
 
 ESTABLISHMENTS IN WHICH THE IfAXIMTJlf 
 FORCE OF WOMEN WAS EMPLOYED IN 
 
 All 
 estab- 
 
 First 
 quarter 
 
 Second 
 quarter 
 
 Third 
 quarter 
 
 Fourth 
 quarter 
 
 lishments 
 
 Retail 
 
 2 
 
 3 
 
 12 
 
 2 
 
 5 
 4 
 9 
 
 3 
 
 12 
 
 Retail-wholesale 
 
 7 
 
 Wholesale 
 
 21 
 
 
 
 Total 
 
 17 
 
 2 
 
 18 
 
 3 
 
 40 
 
 tember.. Only two retail firms employed their maximum force in the 
 second quarter (April, May, or June) and three, also having a retail 
 trade, in the fourth quarter (October, November, or December). 
 
 These facts indicate that at certain seasons of the year it would be 
 impossible for wholesale workers to find positions in retail shops, or 
 vice versa. Table 21 gives further evidence on this point by showing 
 the total number employed, week by week, in all the shops investigated 
 in all three branches of the trade. The maximum force was employed 
 in the eighth week of the year. In the twenty-seventh week the number 
 employed was but 42 per cent of the maximum, so that presumably at 
 that time 58 in every hundred milliners were out of work because no 
 work was to be had in any branch of their trade. For the last eight 
 weeks of the year the proportion employed never exceeded 57 per cent 
 of the maximum reached in the spring, leaving at least 43 in every 
 hundred apparently without any place in the workrooms. 
 
 Hitherto, our discussion has related to the week of maximum employ- 
 ment rather than to the duration of the seasons. As a matter of fact, 
 both individual firm records and their combined totals show that the 
 absolute maximum was not repeated more tiian one week, although the 
 rise preceding it and the decline following it were very gradual. To 
 determine the length of the season we have figured the number of 
 weeks in which the force did not fall more than 10 per cent below the 
 maximum, and also the number in which the decline was not more than 
 25 per cent below the maximum. Table 24 shows the facts. 
 
 The fact that in the retail shops there were only 25 weeks in the 
 year when the force was not at least 25 per cent below the maximum, 
 31 weeks in retail-wholesale, and 21 in wholesale, is an appalling revela- 
 
416 
 
 ■*■ I 
 
 1 4 
 
 API.E.ND.X IV— Wage Investigation 
 
 1913 ^^lAWLlSHMENTS, BY MAIN BRANCHES OF THE TRADE, 
 
 Branch of the Tradi 
 
 WEEKS IN WHICH NUMBER OF WOMEN 
 EMPLOYED IN EACH BRANCH OF THB 
 TRADE, DID NOT FALL 
 
 Retell 
 
 Reteil-wholesale, 
 Wholesale 
 
 10 per cent | 25 per cent 
 
 below maximum below maximum 
 
 force employed force employed 
 
 in any one week in any one week 
 
 Totel 
 
 18 
 19 
 
 25 
 31 
 21 
 
 11 
 
 25 
 
 tion of what tlie seasons mean in the millineiy trada Even so liberal 
 
 ^e year Kor are the fluctuations in jobs limited to any one ^roup of 
 workers .n the trade. Table 25 shows the nunxber of wis I'rZ in 
 different occupat onal divisions of tho t^^A j worKers in 
 
 in the vear fn, ,. 1 • . ""^'^'**°* <** ">« t'^^e appeared on the payroll 
 in me year for which records were secured 
 
 «,J^l '"if* ^ ^'^***'' ^''^ ''«-«'^on»en had the largest proportion 
 
 oTsio^n n ' "f '' '' P^'^'*"^ *« ^^' tt«- at hand for 
 
 oo^siona dull season orders. Of the 99 designee, only 14 were al 
 
 work so long as 50 weeks. The maioritv of th« tli,r. ™ 
 
 makers prepai^rs, improvers, learnerllfo^Z^'anTn 
 sewers (of whom a very few were included in our !Ldy) Ure on Z 
 payrolls less than 20 weeks in the 52 studied ♦ 
 
 Change. It ,s obvious, however, that the trade itself now demands 
 many more workers at one season than at another, so that for mToJ 
 ike diifting the industry can be held responsible. So ruthless a rTeth!! 
 of engaging and discharging workers would seem to iTdicat L TS^ 
 dant labor supply. The Derannnnl ..^ fV. / "laicaie an abun- 
 
 condition, a.d'^irman^cTri! . '^'''' "''"""''''' *='"'J'^*' 
 ,__ a permanence in the trade, becomes, therefore, of great 
 
 The Millinery Trade 
 
 417 
 
 TABLE 25.— WEEKS ON PAYROLL, IN ONE POSITION LASTING MORE THAN 
 ONE WEEK DURING THE YEAR 1913, OF WOMEN EMPLOYED IN 
 MILLINERY ESTABLISHMENTS, BY OCCUPATIONS 
 
 Occupation 
 
 WOMEN WHO APPEARED ON THE PAYROLL, DURING THE 
 
 TEAR 1913, FOR 
 
 Forewomen 
 
 Designers 
 
 Trimmers 
 
 Copyists 
 
 Makers 
 
 Preparers 
 
 Improvers 
 
 Apprentices 
 
 Machine operators 
 
 Stock and floor girls. . . , 
 
 Errand girls 
 
 Flower & feather handii 
 
 Straw sewers 
 
 Crown sewers 
 
 Crimpers 
 
 Cutters 
 
 Packers 
 
 Shoppers 
 
 Liners 
 
 Frame makers 
 
 Hand blockers 
 
 More 
 than 
 
 6 
 weeks 
 
 1 week 'and less 
 
 and less than 
 than 6 
 
 10 
 
 weeks 
 
 and less 
 
 Total. 
 
 25 
 
 45 
 
 408 
 
 141 
 
 150 
 
 29 
 
 97 
 
 33 
 
 10 
 
 10 
 
 2 
 
 6 
 
 6 
 
 1 
 
 1 
 
 1 
 
 10 than 20 
 
 1 
 
 i 
 
 2 
 
 9 
 
 21 
 
 123 
 
 61 
 
 71 
 
 17 
 
 40 
 
 14 
 
 5 
 
 6 
 
 1 
 
 5 
 
 3 
 
 7 
 
 1 
 
 2 
 
 967 
 
 389 
 
 2 
 
 13 
 
 24 
 
 205 
 
 104 
 
 91 
 
 32 
 
 58 
 
 28 
 
 9 
 
 9 
 
 4 
 
 11 
 
 2 
 
 7 
 
 2 
 
 1 
 
 1 
 
 1 
 
 3 
 
 20 
 
 weeks 
 
 and less 
 
 than 30 
 
 3 
 
 8 
 
 7 
 
 100 
 
 38 
 
 35 
 
 12 
 
 25 
 
 12 
 
 5 
 
 3 
 
 3 
 
 2 
 
 7 
 
 6 
 
 3 
 
 2 
 
 30 
 
 weeks 
 
 and less 
 
 40 
 
 weeks 
 
 and less 
 
 than 40 than 50 
 
 607 
 
 271 
 
 2 
 
 10 
 
 6 
 
 112 
 
 59 
 
 42 
 
 20 
 
 13 
 
 8 
 
 7 
 
 1 
 
 3 
 
 2 
 1 
 1 
 
 11 
 
 20 
 
 25 
 
 148 
 
 125 
 
 24 
 
 23 
 
 8 
 
 12 
 
 10 
 
 3 
 
 14 
 
 6 
 
 3 
 
 50 
 weeks 
 
 and not 
 more 
 
 than 52 
 
 20 
 
 14 
 
 8 
 
 78 
 
 23 
 
 11 
 
 4 
 
 6 
 
 25 
 
 18 
 
 1 
 
 5 
 
 All 
 women 
 
 1 
 
 1 
 1 
 
 291 
 
 435 
 
 8 
 5 
 6 
 
 237 
 
 40 
 
 99 
 
 136 
 
 1,174 
 
 551 
 
 424 
 
 137 
 
 247 
 
 132 
 
 64 
 
 33 
 
 32 
 
 30 
 
 30 
 
 21 
 
 18 
 
 12 
 
 9 
 
 3 
 
 3 
 
 2 
 
 *3,197 
 
 interest These facts are all drawn from the record cards filled by the 
 girls in the workrooms. 
 
 Ages of Milliners 
 
 The youth of the majority of wage-earning girls in manufacturing 
 industries generally is one of the most noteworthy facts in industry. 
 The census of 1910 shows that of 207,959 women and girls at work in 
 all forms of manufacturing in New York City, 68,293 or 33 per cent 
 were under twenty-one. f Of the dressmakers, whose trade closely 
 resembles millinery, 21 per cent were under twenty-one years of age. 
 Table 26 shows the ages of milliners investigated by us in different 
 branches of the trade. 
 
 Of the wh ole group, 69 per cent were under twenty-five and 40 per 
 
 • Of the total, 3,983, who appeared on the payroU at any time during the year occuDationa 
 were not ascerteined for 6, ajid 780 were employed a week or less and^ve bZ'oSd 
 1^80 6?4 ""^^ ^^^^' ^^^^"^^ ^^* Occupation StetStics, 
 
 Vol. 11 — 14 
 
418 
 
 Appendix IV — Wage Investigation 
 
 .^•■. 
 
 11 
 
 TABLE 26.- AGES OF WOMEN EMPLOYED IN MILLINERY ESTABLISHMENTS 
 BY MAIN BRANCHES OF THE TRADE, CURRENT PAYROLL, 1914 
 
 
 WOICEN WHO WERE ElfPLOTEB IN 
 
 
 
 AOB 
 
 Retail 
 
 RetAil- 
 wholesale 
 
 Wholesale 
 
 All women 
 
 
 Num- 
 ber 
 
 Per 
 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 Num- 
 ber 
 
 Per 
 cent 
 
 14 years and less than 16 
 16 years and less than 18 
 18 years and less than 21 
 21 years and less than 25 
 25 years and less than 30 
 30 years and less than 35 
 35 years and less than 40 
 40 years and less than 45 
 45 years or more 
 
 3 
 25 
 57 
 48 
 29 
 13 
 
 6 
 
 17 
 13.8 
 31.5 
 26.5 
 16.0 
 7.2 
 3.3 
 
 3 
 
 29 
 
 63 
 
 82 
 
 67 
 
 28 
 
 9 
 
 3 
 
 2 
 
 1.0 
 
 10.2 
 
 22.0 
 
 28.7 
 
 23.4 
 
 9.8 
 
 3.2 
 
 1.0 
 
 .7 
 
 10 
 
 93 
 
 259 
 
 267 
 
 144 
 
 52 
 
 31 
 
 23 
 
 19 
 
 1.1 
 
 10.4 
 
 29.2 
 
 29.0 
 
 16.2 
 
 6.9 
 
 3.5 
 
 2.6 
 
 2.1 
 
 16 
 
 147 
 
 379 
 
 387 
 
 240 
 
 93 
 
 46 
 
 26 
 
 21 
 
 1.2 
 
 10.8 
 
 28.0 
 
 28.6 
 
 17.7 
 
 6.9 
 
 3.4 
 
 1.9 
 
 1.5 
 
 Total 
 
 181 
 
 100 
 
 286 
 
 100.0 
 
 888 
 
 100.0 
 
 ♦1,355 
 
 
 
 
 
 100.0 
 
 cent were under twenty-one as compared with 21 pei* cent in dress- 
 making, and 33 per cent in manufacturing as a whole. It is sur- 
 prising, however, that only 16, or 1.2 per cent, were under 16, or, at 
 least, so reported themselves. Probably in the main the facts are' re- 
 liable, however, as many of the largest firms do refuse now to take 
 children under sixteen. They say that the eight hour law for children 
 is too great an inconvenience. The proportion of women of forty-five 
 or older was slightly larger than the proportion under sixteen. In 
 every branch of the trade the median age was between twenty-one and 
 twenty-five. The retail shops had the largest percentage under twenty- 
 five,— 74 per cent as compared with 62 per cent in retail-wholesale, 
 and 70 per cent in wholesale. It is noteworthy that the proportion 
 under eighteen is not large — only 12 per cent in the whole group. 
 The groups which predominate to a marked d^ree in each branch of 
 the industry are those between eighteen and twenty-one and between 
 twenty-one and twenty-five, f 
 
 Years m Trade 
 The youth of the majority of the milliners would indicate a lack of 
 permanence in the trade, which can be more fully revealed by Table 
 27, showing years in the trade by main branches of the industry. 
 
 • Of the total, 1,363, for whom personal records were secured, 8 did not state age 
 t Appendix A, Table VII, pa^e 448, shows the ages of workers in the different occupa- 
 tional groups. *^ 
 
 The Millinery Trade 
 
 419 
 
 TABLE 27.— YEARS OF EXPERIENCE IN THE TRADE, OF WOMEN EMPLOYED 
 IN MILLINERY ESTABLISHMENTS, BY MAIN BRANCHES OF THE TRADE 
 
 Ybars of Ezperibncb 
 
 Less than 1 year .... 
 1 year and less than 
 
 2 years and 
 
 3 years and 
 
 4 years and 
 
 5 years and 
 
 6 years and 
 
 7 years and 
 
 8 years and 
 
 9 years and 
 10 years and 
 15 years and 
 
 2. 
 
 less than 3. 
 less than 4. 
 less than 5. 
 less than 6. 
 less than 7. 
 less than 8. 
 less than 9. 
 less than 10. 
 less than 15. 
 less than 20. 
 
 20 years or more 
 
 WOMEN BMPLOTED IN 
 
 RetaU 
 
 22 
 
 14 
 
 18 
 
 19 
 
 18 
 
 18 
 
 15 
 
 9 
 
 8 
 
 7 
 
 22 
 
 9 
 
 Total 
 
 179 
 
 Retail - 
 wholesale 
 
 19 
 15 
 17 
 23 
 20 
 24 
 17 
 26 
 21 
 18 
 59 
 20 
 8 
 
 287 
 
 Wholesale 
 
 44 
 
 54 
 
 82 
 
 102 
 
 103 
 
 84 
 
 66 
 
 59 
 
 51 
 
 48 
 
 131 
 
 28 
 
 33 
 
 885 
 
 ALL WOMEN 
 
 Number 
 
 85 
 
 83 
 
 117 
 
 144 
 
 141 
 
 126 
 
 98 
 
 94 
 
 80 
 
 73 
 
 212 
 
 57 
 
 41 
 
 ♦1,351 
 
 Per cent 
 
 6.3 
 
 6.1 
 
 8.7 
 
 10.7 
 
 10 
 9 
 7 
 7 
 5 
 5 
 
 15 
 4 
 3. 
 
 4 
 3 
 3 
 
 9 
 4 
 7 
 2 
 
 
 100.0 
 
 Of the whole group of 1,351 who reported on this point, 52 per cent 
 had worked in the trade less than six years. On the other hand, the 
 range of experience was wide, and as many as 23 per cent had been 
 employed in millinery ten years or longer. Table 28 shows the years 
 in the trade classified according to present age. 
 
 Obviously, the experience of the younger girls must be limited, so 
 that it is only the older group concerning whom the report as to years 
 in the trade is instructive. Of the 239 between the ages of twenty- 
 five and thirty, 138 or 58 per cent had worked in the trade ten years 
 or longer, — that is for as long a period as one could expect, considering 
 the length of time since they reached an age when wage-earning was 
 possible. On the other hand, a small group, 19, had been milliners 
 five years or less, evidently entering the trade comparatively late.f 
 Of the 184 who were thirty or older, 90 or 49 per cent had been in 
 the trade fifteen years or longer. In each of the older age groups, 
 however, were found individuals whose experience in the trade was 
 much more brief than their age alone might indicate. Parenthetically, 
 it may be pointed out that this fact indicates the danger of any con- 
 clusions regarding length of experience from data on ages in different 
 
 • Of the total, 1,363, who supplied personal records, 12 did not state years of experience 
 in millinery. 
 
 t See Appendix A, Table VII, page 448, showing that of 66 apprentice^ reporting ages, 
 17 were between 18 and 21, and 3 were 21 or older. 
 
420 
 
 Appendix IV — Wage Investigation 
 
 The Millinery Trade 
 
 421 
 
 a 
 
 
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 w 
 
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 CO co<o 
 
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 SOO CO -^ !-• 1-1 
 
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 occupations, such as the census provides. Drift from occupation to 
 occupation, and varying ages at entrance into an industry render it 
 unsafe to assume from such data anything more than the obvious fact 
 that in a given industry the age distribution can be determined by the 
 reports of census enimierators. The varying ages at beginning work in 
 millinery are shown in Table 29. 
 
 A word of caution should precede any discussion of this table. The 
 ehild labor laws are now well known in New York and it is possible 
 that some of those who reported their age at beginning work as Ufteen 
 or sixteen wished to be on the safe side, whereas actually they may have 
 been younger. Nevertheless the table is presented as a record based on 
 the workers' own statements. It shows that 3.5 per cent b^an work 
 before they were fourteen, 16 per cent at fourteen, 26 per cent at fif- 
 teen and 29 per cent at sixteen. Thus, although the proportion begin- 
 ning work before they were seventeen is large, 74 per cent, it is inter- 
 esting that the remaining fourth began work as late as they did, 16 
 per cent having been eighteen years or older when they entered in- 
 dustry. The table does not show the age at entering millinery, except 
 for those whose first work was in the millinery trade. The statistics 
 are based on the answers to the question : How old were you when you 
 began to work for wages ? 
 
 Conjugal Condition 
 
 As might be expected because of the youth of the majority of the 
 milliners, only a very small percentage are married. Of the 1,346 
 reporting on this point, 1,236 or 92 per cent were single, 73 or 5 per 
 cent were married, and 37 or 3 per cent were widowed or divorced. 
 
 Nativity 
 
 General observation in retail shops leads one to believe that mil- 
 linery is a trade which is largely in the hands of native-born girls 
 and women. In wholesale shops, however, foreigners predominate, as 
 Table 30 shows. 
 
 The proportion of foreigners is 24 per cent in retail shops, 18 per 
 cent in retail-wholesale, and 63 per cent in wholesale. For the group 
 as a whole the percentage of foreign-bom is 41. Among the foreign- 
 bom the Russians predominate, and an overwhelming majority of 
 them, 224 of 238, are in wholesale shops. The table and its footnote 
 
422 
 
 Appendix IV — Wage Investigation 
 
 The Millinery Trade 
 
 423 
 
 
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 TABLE 30 — NATIVITY OF WOMEN EMPLOYED IN MILLINERY ESTABLISH- 
 MENTS, BY MAIN BRANCHES OF THE TRADE 
 
 COUNTBT OF BiBTH 
 
 Native-bom . 
 Foreign-bom 
 
 Russia 
 
 Austria-Hungary . 
 
 Italy 
 
 Germany 
 
 Roumania 
 
 England 
 
 France 
 
 Ireland 
 
 Sweden 
 
 Other countries* . 
 
 Total. 
 
 WOMEN EMPLOYED IN 
 
 Retail 
 
 138 
 44 
 
 6 
 
 5 
 11 
 2 
 4 
 5 
 1 
 8 
 7 
 
 RetaU- 
 wholesale 
 
 236 
 
 51 
 
 8 
 5 
 1 
 8 
 2 
 6 
 9 
 2 
 3 
 7 
 
 182 
 
 287 
 
 Wholesale 
 
 417 
 464 
 
 224 
 79 
 44 
 26 
 34 
 16 
 10 
 8 
 4 
 19 
 
 881 
 
 ALL WOMEN 
 
 Number 
 
 791 
 559 
 
 238 
 84| 
 
 50 
 
 45 
 
 38 
 
 26 
 
 24 
 
 11 
 
 101 
 
 33i 
 
 tl,350 
 
 Per cent 
 
 58.6 
 41.4 
 
 17.6 
 6.2 
 3.7 
 3.3 
 2.8 
 
 |1.9 
 
 ^:i 
 
 .8 
 2.5 
 
 100.0 
 
 * Includes Canada, Belgium, Ai^ntine Republic, Australia, Bulgaria, Denmark, Holland, 
 Norway, Palestine, Scotland, Spain, Switzerland, and the West Indies. 
 
 t Of the total, 1,363, women who supplied personal records, 13 did not state country of 
 birth, although 6 of these indicated that they were foreign-born. 
 
 show twenty-one other nationalities, most of them represented, how- 
 ever, in very small numbers. Table 31 shows the division of the vari- 
 ous occupations between native and foreign-bom women. 
 
 TABLE 31.— NATIVITY OF WOMEN EMPLOYED IN MILLINERY 
 ESTABLISHMENTS BY OCCUPATIONS 
 
 Occupation 
 
 Forewomen 
 
 Designers 
 
 Trimmers 
 
 Copyists 
 
 Makers 
 
 Preparers 
 
 Improvers 
 
 Apprentices 
 
 Machine operators , 
 
 Straw and crown sewers 
 
 Floor workers 
 
 Workers in all other manufacturing occupations . 
 
 Total. 
 
 women who webe 
 
 Native 
 
 24 
 
 25 
 
 25 
 
 204 
 
 217 
 
 76 
 
 53 
 
 40 
 
 38 
 
 9 
 
 47 
 
 33 
 
 791 
 
 Foreign- 
 bom 
 
 7 
 19 
 33 
 258 
 59 
 99 
 14 
 25 
 17 
 
 4 
 12 
 18 
 
 565 
 
 1 women 
 
 SI 
 
 u 
 
 58 
 462 
 276 
 175 
 
 67 
 
 IS 
 
 51 
 
 ♦1,356 
 
 • Of the total, 1,363, who supplied personal records, 7 did not state nativity. 
 
« 
 
 1 1 
 
 I 
 
 .J ■ I 
 
 .. ! 
 
 Ml 
 
 i I 
 
 424 
 
 Appendix IV — Wage Investigation 
 
 As might be expected from the fact that the foreign-born predom- 
 inate only in wholesale millinery, their occupations are largely those 
 of the wholesale trade, especially the work of copyists. Of the 31 
 forewomen, only 7 were foreign-bom, and of the 44 designers, 25 were 
 native-born. A tabulation of earnings by nativity showed a median 
 wage of $9.94 for the foreign-born, $10.08 for the native-bom, and 
 $10.02 for the two groups combined. The differences are too slight 
 to be significant. Or, perhaps, on the contrary, it is very significant 
 that the foreign workers are not seriously underbidding the native in 
 millinery shops. 
 
 Conditions of Work 
 Of the conditions of work surrounding milliners, workroom condi- 
 tions, hours of labor, overtime, home work, holidays and half-holidays, 
 fines for tardiness or for spoiled work, benefit organizations and the 
 like, only a brief description can be given here. Of all these factors 
 entering into the day's work, the hours of employment are the most 
 important. Table 32 gives this information. 
 
 TABLE 32.— WEEKLY HOURS OF WORK IN MILLINERY ESTABLISHMENTS 
 AND MAXIMUM NUMBER OF WOMEN EMPLOYED, DURING 1913 
 
 Weekly Hours of Work 
 
 Establish- 
 ments 
 
 Less than 48 hours 
 
 48 hours and less than 49 
 
 49 hours and less than 50 
 
 50 hours and less than 51 
 
 51 hours and less than 52 
 
 52 hours and less than 53 
 
 53 hours and less than 54 
 
 54 hours 
 
 Total 
 
 MAXIlfUlC NUMBER Or 
 WOMEN EMPLOTED 
 
 Number 
 
 Per cent 
 
 2 
 2 
 2 
 2 
 22 
 
 a 
 
 8 
 16 
 
 93 
 
 31 
 
 85 
 
 135 
 
 906 
 
 57 
 
 433 
 
 810 
 
 3.7 
 
 1.2 
 
 3.3 
 
 5.3 
 
 35.5 
 
 2.2 
 
 17.0 
 
 31.8 
 
 57 
 
 2.550 
 
 100.0 
 
 Of the 57 firms investigated, only 6, employing 209 workers in their 
 millinery workrooms in busy season, had a working week of less than 
 fifty hours. The largest group, 22 firms, employing 906 millinery 
 workers, were running on a schedule of fifty-one or fifty-one and a 
 fraction but less than fifty-two hours. The group working normally 
 
 The Millinery Trade 
 
 425 
 
 up to the exact limit the law allows, that is, fifty-four hours a week, 
 numbered 16 firms with a force of 810 milliners. 
 
 The firms working less than fifty-four hours may legally increase 
 the hours of employment in busy season, but for those whose normal 
 schedule is up to the legal limit, any overtime constitutes a violation 
 of the law. As to the extent of such violations of law in the millinery 
 trade, it is difficult for anyone to speak with authority. Evidence is 
 not easy to secure. The payroll, even, does not give conclusive evidence, 
 since it does not show the hours of work of piece workers. Neverthe- 
 less, some instances of overtime appeared in the records of week 
 workers' earnings. In one large retail shop the payroll showed over- 
 time in four successive weeks in the spring, varying from one to three 
 nights a week for different workers. The compensation for one night's 
 work, usually until 9 p. m., was half a day's pay. As the normal 
 working week in this shop was fifty-one hours, three nights of overtime 
 of three hours each night brought the week up to sixty hours, or six 
 hours more than the law allows* Generally the retail shops insisted 
 that they had very little overtime, perhaps a half hour at a time to 
 finish one hat, and that even in such cases only one or two girls would 
 stay to do the work. Perhaps the worst offenders in the matter of 
 hours are the small retail shops with a neighborhood trade, which 
 reaches its maximum in the evening, especially Saturday night. Both 
 saleswomen and milliners must stay late to catch every possible bit of 
 custom. It is a common practice to keep the store open until ten o'clock 
 or later Saturday night, and in busy season it is usually open until 
 nine the other five nights. We found that these were considered the 
 usual hours in such small shops, and no one thought of paying extra 
 for evening work. Usually latitude was allowed in coming later in 
 the morning. One employer in a neighborhood store said that on five 
 days in the week his shop was generally run at a loss, and that he 
 counted on the Saturday rush to make good this loss and to yield a 
 profit. He deplores the increasing stringency of laws regulating hours 
 of work and contends that it interferes seriously with the convenience 
 of working-class shoppers. 
 
 Overtime is probably very frequent and often excessive among piece 
 workers in wholesale shops, but as we have already explained, it doea 
 not appear on the payrolls. In some instances we were told by em^ 
 ployers that it was the regular practice to work overtime on busy days 
 
426 
 
 Appendix IV —Wage Investigation 
 
 Thb Millinery Trade 
 
 * 
 
 1' 
 
 11 
 
 
 
 "!. 
 
 until half past eight at night, with a half hour for supper, or if the 
 girb prefer to omit the time for supper, they could 8top work at eight, 
 makmg a ten and a half hour day. In other cases they worked until 
 nine o clock In some wholesale shops, home work is a substitute for 
 overtime, the girls taking home a bundle of work and returning it to 
 the shop m the morning. The work may be the making of hats or of 
 such trimmings a^ rosettes and bows. Other employers, however, 
 whose work is of high grade, say that, the danger of liing material: 
 and of having the work badly done without supervision is so great as 
 to make it unpracticable to give out work in thi* way. Occasional 
 instonces of it, nevertheless, were discovered even in the most expensive 
 
 Fines in millinery shops are a punitive measure to compel prompt- 
 n^s. They are not universal, however. In one large retail estab- 
 lishment, for example, in which the workroom is very carefully or- 
 ganized and the supervising member of the firm a strict disciplinarian 
 no fine is ever exacted ; if a girl is tardy she is reprimanded, and if i 
 happens too often she is dismissed. This seems a much more reason- 
 able procedure than the fining system, which seems too often like a 
 scheme of petty taxation of pay envelopes for the benefit of the firm. 
 In one wholesale establishment which a milliner had described to us 
 as a place where you never get your full salary," our investigators 
 found It almost the universal rule to dock every worker for tardiness, 
 so that the earnings were almost invariably a few cents, at least, below 
 tne wage rate. 
 
 Another form of deduction from wages is the custom of not paying 
 for some of the legal holidays. The practice in this respect vari^ 
 greatly from shop to shop, and each of them has a different list of 
 holidays. Few close the workroom on all the legally appointed days. 
 Some close on a certam number of them, but pay wages on a few and 
 deduct the day's pay for the others. For piece workers a holiday is 
 always a total loss, amounting usually to about a week in a year ^ In 
 some ^tabhshments, no one connected with the workroom, except pos- 
 sibly the forewoman or the designer, escapes docking on these legal r^- 
 days. In like manner, some firms deduct the pay for half days off on 
 Saturdays in summer, while others give full wages during that time 
 Ihe common answer to the question as to whether any of the milliners 
 were given vacations with pay was that only the forewoman or, per- 
 
 427 
 
 haps, a designer was so fortunate. One exceptional firm gives two 
 weeks' vacation with pay to the eight girls who are week workers, be- 
 sides paying them on all the ten legal holidays of the year, but even in 
 this shop the thirty copyists who are piece workers must forego their 
 earnings if they take vacations, and in any case they lose their pay on 
 holidays. To talk about vacations in the millinery trade, however, is 
 almost ironical, since for the majority of the workers the chief difficulty 
 is not continuous work without rest, but too long a period of idleness 
 between positions. , Nevertheless, enforced idleness without wages 
 cannot be called a vacation. 
 
 Of workroom conditions no general statement can be made since 
 conditions differ so greatly in different establishments. Perhaps the 
 most serious conditions are found in the small stores on the street 
 level with workrooms in the rear. Ventilation and light are both 
 seriously inadequate. In one of these, for instance, the workroom 
 windows looked out on a very narrow backyard flanked by a fifteen- 
 story building. The milliners worked all day by electric lights. Some 
 of the large Broadway lofts are equally lacking in provisions for light 
 and air, or for comfort. In one no lockers were provided and the hats 
 and coats hung on the walls of the workroom. In contrast, another 
 firm had provided an attractive dressing room, with neat, white wood- 
 work, and with all the other workroom conditions, toilet arrangements, 
 lighting, ventilation, and space most carefully planned. 
 
 Perhaps because of diversity of conditions in different shops and 
 because of the unstable character of the occupation, no organization 
 exists to voice the common interests of any large group of the workers. 
 A very small band of foreign-bom girls in wholesale shops have called 
 themselves a union for several years, but so far they cannot be said to 
 have made any impression upon the industry. It is exceedingly difficult 
 to organize a trade in which the majority of the workers are together 
 but half the year, especially when even that half is divided into two 
 quarters and bet^Veen them the milliners are no longer milliners but 
 workers in whatever other occupations they can find. Only one benefit 
 association was found and that had been organized by the firm in an 
 establishment in which millinery is but one of many departments. The 
 employes pay dues of ten cents a week if they are senior members, 
 
428 
 
 Appendix IV— Wage Investig 
 
 ATTON 
 
 The Millinery Trade 
 
 429 
 
 I!' 
 
 Za t f "^ "'" ^"''''''' '^^ '^' ^"^"^^^ ^^ *^ ^ ^^k for seniors 
 and $3 for jnniors m case of sickness. A death benefit of $50 for 
 
 seniors and $25 for juniors is also paid by the organization. Other 
 employers, questioned about benefit associations, replied almost uni- 
 formly that with so long a slack season, during which the workers are 
 scattered and dues could not be collected, it would be impossible to 
 manage any such organization. This is a significant comment on the 
 disorganized state of the industry. 
 
 Methods of Hiring Workers and Determining Wages 
 Since the workers have no organization through which to bargain 
 with their employers, the question of how wages are determined re- 
 80 ves Itself into a discussion of the t^rms on which each milliner, 
 acting for hei^elf alone, secures and keeps a position, and how her 
 employer decides what her wages shall be. Signs at street entrances, 
 and advertisements in newspapers are the two chief means of making 
 known vacancies in the workroom. Former employes are notified by 
 post card or sometimes by telephone when the season begins and they 
 are needed. Through them, also, new workers are of ten secured. Some 
 firms, whose reputation is a famous one in the trade, never advertise 
 nor haiig up signs, but depend entirely upon the personal application 
 of millmers ^vho come to them in search of positions, because of the 
 great asset which employment in one of these high grade establish- 
 ments is supposed to be in their careers. 
 
 The hiring is done in some shops by the forewoman and in others 
 by a member of the firm. The usual practice in the wage bargain is to 
 
 ^ I f i'''' ^^"^ '''" ^""^ ^^^' ^^ ^^°^^^ " ^o fi^d oxxt what she is 
 worth. The method described in one shop is typical of several. A 
 girl IS engaged at the wage she specifies, and then after a few days' 
 trial, if ^e has not impressed the forewoman as being worth what she 
 asks, she IS offered a lower wage. If she refuses it, she loses her 
 position but she is paid for the work she has done at the rate she has 
 named. " They usually stay for what they are offered," said one em- 
 ployer. 
 
 That the labor contract is often merely a chance to work for an un- 
 certain wa^ during an uncertain period is illustrated by the receipt 
 which one firm has its employes sign on pay-day each week " He- 
 
 ceived from Blank and Company full settlement for salaiy and all 
 claims to date. We also understand that no agreement or contract exists 
 between Blank and Company and ourselves other than we are engaged 
 by the week, but if we leave or are discharged, we are to be paid only 
 for the actual time we have worked." 
 
 After the initial bargain is made, advancement depends quite aa 
 much upon chance as in the beginning. " If a girl asks for a raise, we 
 give it to her if we have to," said one milliner in a prosperous estab- 
 lishment. It is the practice to keep track at each table of the time 
 taken to make a hat as well as the cost of materials, but this is not a 
 record of individual efficiency. That the experience of the employer 
 or the casual observation of the forewoman is a suflBciently accurate 
 method of determining wage rates, seems to be the common belief in 
 the trade, but, after all, it is but the rule-of -thumb method which the 
 efficiency engineers are trying to persuade manufacturers in other in- 
 dustries to abandon in favor of more scientific plans for keeping indi- 
 vidual records. Of course, for piece workers, the earnings are de- 
 termined by the number of hats they trim, but the same hit-or-miss 
 method applies here in the fixing of rates per piece. In fact our ques- 
 tions about methods of determining rates of pay, and plans for pro- 
 motion, usually puzzled the employers. Their most frequent reply 
 was that it was impossible to standardize wages in millinery. It is 
 probable that this was really a confession of failure to grapple with the 
 problem. 
 
 As might be expected from this chaotic method of bargaining, the 
 wage scales vary greatly from firm to firm even in the same branch of 
 the trade. Table II in Appendix A (pages 81-83) showing the 
 median wage for each firm, reveals the fact that the median is $6.25 
 in one wholesale shop and $12.50 in another, $5 in one retail estab- 
 lishment and $13.58 in another. This difference between different 
 firms is one of the most important facts brought out in this as in other 
 wage studies. It indicates the need for some method of determining 
 fair standards of remuneration and enforcing them uniformly in the 
 same trade in the same locality, exactly as hours of work and sanitary 
 conditions can be standardized to the advantage of all firms, whose 
 plane of competition is thus established.* 
 
 •See Appendix D, p. 468, for copy of award of wage board in millinery'trade in Victoria. 
 
430 
 
 Appendix IV — Wage Investigation 
 
 The Millinery Trade 
 
 431 
 
 I 
 
 ! 
 
 I 
 
 I! 
 
 r'\ 
 
 I Jl 
 
 H 
 
 Summary 
 
 The facts gathered in this investigation may be briefly summarized.* 
 In New York City, 13,000 women and 1,470 men were recorded by 
 the census in 1910 as " milliners and millinery dealers," and 7,700 of 
 the women and 1,020 of the men lived in Manhattan. These groups 
 included many small milliners working alone without employes as 
 well as the manufacturers of hats, so that the figures are an over-state- 
 ment of the number employed in the trimming of hats, — the branch 
 of the millinery industry to which our inquiry was restricted. Be- 
 cause of this restriction we found it possible further to limit our study 
 to women, since practically no men are employed in trimming as dis- 
 tinct from the manufacture of hats. According to the industrial 
 directory of the labor department, 8,885 women were at work in 
 millinery shops in New York in 1912, and 7,933 of them worked in 
 Manhattan. As an overwhelming majority of the large firms were 
 in Manhattan we made our investigation there. We investigated 57 
 firms, employing in busy season a force of 2,550 women in their hat- 
 trimming departments, — a force equal to 32 per cent of the milliners 
 counted by the labor department in Manhattan shops, or 29 per cent 
 of all the milliners at work in the city. 
 
 Millinery is a skilled industry, requiring training and experience 
 lasting at least two seasons before one can pass beyond the apprentice 
 stage. On the other hand, in certain types of establishment, methods 
 of specialization have turned some of the work into factory processes, 
 in which no opportunity is offered to learn to trim hats. The large 
 
 •As the facta presented in this report are based entirely on the study of payrolls 
 and record cards filled out by milliners, no information is presented regarding the 
 occupations in which milliners find work in slack season in their trade. Previous 
 inter\'iews with other workers in the trade give some indication on this point, 
 however. They show that there is no one occupation to which large numbers of 
 milliners habitually turn when they are laid off. Among a group of 200 girls 
 studied, saleswork headed the list, but no other occupation stood out prominently. 
 The milliners had been employed in clerical work, in cashier work, hand-sewing, 
 neckwear manufacture, machine operating, trimming children's caps, trimming men's 
 hats, sewing furs, making embroidery, cutting out lace, making feathers, lamp 
 shades or straw ornaments, sewing ruchings on cards, pasting samples, tracing 
 engravings, shaking out clothes in a laundry, packing candy, labeling, filling orders 
 for patterns, bookbinding, examining, telephone operating, canvassing, and work as 
 waitress or nurse-girl. In one shop in which the payrolls were studied in this 
 investigation the employer makes a regular practice of recommending girls to three 
 department stores for work as salesgirls in the Christmas season. For the most part, 
 however, ths girls must rely on their own efforts to find work through advertise- 
 ments, through signs hung at doors of factories, or through the suggestions of 
 friends. 
 
 majority of the workers, however, whose wages were transcribed from 
 the payrolls were skilled workers, although their skill varied from the 
 speed of the copyist in a Broadway wholesale shop to the artistic sense 
 and deft touch of the trimmer of the most expensive product of the 
 
 retail trade. 
 
 The study of current payrolls, including 1,951 workers, showed that 
 the median wage rate for the week workers was $10.77, but that it 
 varied from $9.91 in retail shops to $10.51 in wholesale, and $12.40 
 in retail shops with some wholesale trade. The actual earnings in 
 the same week for the same group, with the piece workers added, were 
 less than these wage rates. The median earnings for the whole group 
 were $9.69. Fifteen per cent earned $15 or more, while 35 per cent 
 earned less than $8. 
 
 That experience counts in this trade, an indication that it is a skilled 
 occupation, was shown by a computation of the median wages of groups 
 of workers classified according to length of experience. The progres- 
 sion in earnings was steady, but slow, from $3.91 for week workers 
 at work less than a year to $20.50 for those at work between fifteen 
 and twenty years. For piece workers the range was from $4.50 to $11. 
 The actual earnings averaged during the period of employment in one 
 shop in one year were lower than the rates revealed in ihe statistics 
 secured for one week, as already quoted. One in five earned less than 
 $5, and more than 50 per cent less than $9. Only 9 per cent earned 
 $15 or more. Thus, in spite of the fact that the median wage in the 
 millinery trade is more than $9 a week, a rate higher than in many 
 occupations for women, it is the 50 per cent or more earning less than 
 that amount who must receive the attention of a wage commission. 
 
 All these facts relate, however, to the earnings in one week, without 
 any allowance for the effect of short seasons on the worker's income. 
 In the millinery trade it is the brief and uncertain tenure of employ- 
 ment in the course of the year which makes self-support difficult even 
 for those whose rate of pay per week is not inadequate. We called all 
 those weeks " busy " in which the force did not fall more than 25 per 
 cent below the maximum, and yet even so liberal a measure made it 
 possible to count but 25 busy weeks in retail shops, 31 in retail-whole- 
 sale, and 21 in wholesale, and these brief periods were divided into 
 two seasons. In the dull months few workers were retained. In the 
 
f 
 
 432 
 
 I 
 
 'I 
 
 
 Appendix IV— Wage Investigation 
 
 wholesale shops the minimum force was but 37 per cent of the maxi- 
 mum, in retail 25 per cent, and in retail-wholesale 32 per cent. In 
 other words, from 60 to 75 of every hundred workers employed in busy 
 season were superfluous in dull season. Forced to find other work 
 twice m the year, milliners tend to change positions frequently 5n 
 their own trade. Of 1,278 who reported the length of their employ- 
 ment, 421, or a third, had been in their present positions less than one 
 year, yet only 85 had had less than a year's experience as milliners. 
 
 ^^^J'^ P^' '™'' ^^^ ^''''^^ *^« y^'" •>' longe' « one shop. 
 All these figures are added evidence as to the irregularity of employ- 
 ment and, therefore, the irregularity of income for milliners in New 
 York. 
 
 In an eflFort to insure a living wage for the workers, no problem is 
 more important or more bafHing than the one illustrated so vividlv in 
 the millinery industry, so to steady the sea.sons and lengthen the period 
 of employment as to make the yearly income certain and adequate 
 
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 Appendix IV— Wage Investig 
 
 \TION 
 
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 441 
 
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442 
 
 Appendix IV— Wage Investigation 
 
 The MiLLiNEEY Trade 
 
 443 
 
 I 
 
 
 l-'l; 
 
 
 TABLE V - NUMBER OF WOMEN PIECE AND WEEK WORKERS EMPLOYED, 
 EXCLUDING DESIGNERS AND FOREWOMEN, AND TOTAL WAGES PAID, 
 IN WHOLESALE MILLINERY ESTABLISHMENTS, BY WEEKS IN THE YEAR 
 1913 . 
 
 NUMBBB OP WbSK 
 
 1 
 
 2 
 
 3 
 
 4 
 
 6 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13.... 
 
 14 ... 
 
 16... 
 
 16.... 
 
 17... 
 
 18.... 
 
 19.... 
 
 20.... 
 
 21.... 
 
 22.... 
 
 23... 
 
 24.... 
 
 25.... 
 
 26.... 
 
 27.... 
 
 28.... 
 
 29.... 
 
 30... 
 
 31... 
 
 32... 
 
 33... 
 
 34... 
 
 35.... 
 
 36... 
 
 37... 
 
 38... 
 
 39... 
 
 40... 
 
 41... 
 
 42... 
 
 43... 
 
 44... 
 
 45... 
 
 46... 
 
 47... 
 
 40. . • 
 
 49... 
 
 60... 
 51... 
 62... 
 
 NUMBER OF WOMEN 
 EMPLOTED AT 
 
 Piece 
 work 
 
 Average per week 
 
 368 
 
 408 
 
 468 
 
 482 
 
 500 
 
 521 
 
 505 
 
 500 
 
 477 
 
 457 
 
 429 
 
 400 
 
 377 
 
 367 
 
 343 
 
 293 
 
 280 
 
 253 
 
 215 
 
 207 
 
 199 
 
 198 
 
 193 
 
 176 
 
 192 
 
 225 
 
 256 
 
 294 
 
 336 
 
 360 
 
 383 
 
 397 
 
 407 
 
 424 
 
 412 
 
 382 
 
 388 
 
 382 
 
 381 
 
 353 
 
 339 
 
 308 
 
 279 
 
 215 
 
 217 
 
 229 
 
 239 
 
 228 
 
 251 
 
 272 
 
 280 
 
 282 
 
 333 
 
 Week 
 work 
 
 All 
 women 
 
 371 
 
 474 
 
 498 
 
 541 
 
 553 
 
 595 
 
 597 
 
 589 
 
 577 
 
 533 
 
 515 
 
 492 
 
 442 
 
 390 
 
 357 
 
 303 
 
 260 
 
 221 
 
 202 
 
 185 
 
 185 
 
 210 
 
 198 
 
 219 
 
 233 
 
 267 
 
 223 
 
 386 
 
 448 
 
 489 
 
 499 
 
 524 
 
 535 
 
 554 
 
 562 
 
 551 
 
 522 
 
 509 
 
 488 
 
 443 
 
 397 
 
 372 
 
 306 
 
 274 
 
 215 
 
 221 
 
 233 
 
 236 
 
 245 
 
 298 
 
 336 
 
 352 
 
 389 
 
 TOTAL WAGES PAID TO 
 
 739 
 
 882 
 966 
 1,023 
 1,053 
 1,116 
 1,102 
 1,089 
 1,054 
 990 
 944 
 892 
 819 
 757 
 700 
 596 
 540 
 474 
 417 
 392 
 384 
 408 
 391 
 395 
 425 
 492 
 479 
 680 
 784 
 849 
 882 
 921 
 942 
 978 
 974 
 933 
 910 
 891 
 869 
 796 
 736 
 680 
 585 
 489 
 432 
 450 
 472 
 464 
 496 
 570 
 616 
 634 
 
 722 
 
 Women 
 
 at piece 
 
 work 
 
 Women 
 
 at week 
 
 work 
 
 $2,599 
 3,887 
 4,852 
 5,292 
 5,280 
 5,505 
 5,586 
 5,623 
 5,820 
 5,643 
 5,172 
 4,407 
 3,759 
 3,295 
 2,485 
 1,801 
 1,697 
 1,452 
 1,135 
 1,190 
 1,119 
 992 
 909 
 945 
 1,250 
 1,608 
 1,475 
 2,315 
 3,080 
 3,443 
 3,598 
 3,882 
 4,310 
 4,718 
 5,036 
 4,710 
 5,670 
 5,523 
 5,401 
 3,750 
 3,518 
 2,756 
 2,021 
 1,490 
 1,606 
 1,654 
 1,825 
 1,525 
 1,951 
 2,271 
 2,363 
 1,924 
 
 3,175 
 
 All 
 women 
 
 $2,840 
 3,990 
 4,453 
 4,745 
 4,970 
 5,261 
 5,302 
 5,367 
 5,327 
 5,091 
 4,844 
 4,566 
 3,909 
 3,545 
 3,272 
 2,760 
 2,196 
 1,861 
 1,726 
 1,650 
 1,695 
 1,657 
 1,722 
 1,869 
 2,034 
 2,229 
 1,683 
 3,255 
 3,850 
 4,146 
 4,530 
 4,758 
 5,055 
 5,252 
 5,237 
 5,165 
 5,041 
 5,019 
 4,810 
 3,266 
 3,414 
 3,275 
 2,737 
 2,748 
 1,872 
 2,047 
 2,115 
 1,909 
 2,210 
 2,634 
 2,953 
 2,741 
 
 $5,439 
 7,877 
 9,305 
 10,037 
 10,250 
 10,766 
 10,888 
 10,990 
 11,147 
 10,734 
 10,016 
 8,973 
 7,668 
 6,840 
 5,757 
 4,561 
 3,893 
 3,313 
 2,861 
 2,840 
 2,814 
 2,649 
 2,631 
 2,814 
 3,284 
 3,837 
 3,158 
 5,570 
 6,930 
 7,589 
 8,128 
 8,640 
 9,365 
 9,970 
 10,273 
 9,875 
 10,711 
 10,542 
 10,211 
 7,016 
 6,932 
 6,031 
 4,758 
 4,238 
 3,478 
 3,701 
 3,940 
 3,434 
 4,161 
 4,905 
 5,316 
 4,665 
 
 3,473 6,648 
 
444 
 
 Appendix IV — Wage Investigation 
 
 
 I 
 
 
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 445 
 
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446 
 
 Appendix IV — Wage Investigation 
 
 TABLE VI.— NUMBER OF WEEKS ON PAYROLL DURING 1913 OF WOMEN EM- 
 PLOYED IN MILLINERY ESTABLISHMENTS, BY OCCUPATIONS AND MAIN 
 BRANCHES OF THE TRADE 
 
 Occupation 
 
 Retail: 
 
 Forewomen 
 
 Designers 
 
 Trimmers 
 
 Copyists 
 
 Makers 
 
 Preparers 
 
 Improvers 
 
 Apprentices 
 
 Floor workers 
 
 Workers in all other manufactur- 
 ing occupations 
 
 Total. 
 
 WOIIEN IN KACH OCCUPATION WHO WIRI 
 ON THS PAYROLL 
 
 Over 
 
 1 week 
 
 and less 
 
 than 6 
 
 5 
 30 
 10 
 11 
 21 
 
 7 
 
 89 
 
 6 weeks 
 and less 
 than 10 
 
 3 
 3 
 
 18 
 2 
 5 
 
 16 
 5 
 
 53 
 
 10 weeks 
 and less 
 than 20 
 
 3 
 
 3 
 10 
 30 
 
 7 
 18 
 20 
 
 7 
 
 20 weeks 
 and less 
 than 40 
 
 40 weekfi 
 or more 
 
 6 
 
 4 
 
 6 
 
 27 
 
 15 
 
 9 
 
 12 
 
 3 
 
 98 
 
 83 
 
 Retail-wholesale : 
 
 Forewomen 
 
 Designers 
 
 Trimmers 
 
 Copjrista 
 
 Makers 
 
 Improvers 
 
 Apprentices 
 
 Machine operators 
 
 Floor workers 
 
 Workers in all other 
 f acturing occupations . 
 
 manu- 
 
 Total. 
 
 4 
 3 
 3 
 
 62 
 9 
 
 13 
 1 
 5 
 
 103 
 
 3 
 3 
 2 
 20 
 4 
 7 
 
 43 
 
 1 
 1 
 1 
 8 
 
 59 
 9 
 
 19 
 
 105 
 
 6 
 61 
 16 
 17 
 
 4 
 4 
 
 113 
 
 Wholesale: 
 
 Forewomen 
 
 Designers • 
 
 Trimmers 
 
 Copyists 
 
 Makers 
 
 Preparers 
 
 Improvers 
 
 Apprentices 
 
 Machine operators 
 
 Straw and crown sewers 
 
 Floor workers 
 
 Workers in all other manu- 
 facturing occupations 
 
 Total 
 
 17 
 42 
 
 400 
 49 
 
 140 
 
 9 
 
 63 
 
 32 
 
 12 
 
 9 
 
 6 
 
 779 
 
 2 
 
 6 
 
 15 
 
 118 
 
 23 
 
 69 
 
 8 
 17 
 14 
 
 8 
 
 5 
 
 9 
 294 
 
 1 
 
 9 
 
 20 
 
 187 
 
 15 
 
 84 
 
 5 
 19 
 28 
 13 
 
 9 
 
 14 
 404 
 
 6 
 
 7 
 
 9 
 
 200 
 
 9 
 
 62 
 
 7 
 
 9 
 
 20 
 
 13 
 
 13 
 
 13 
 
 367 
 
 All 
 women 
 
 101 
 
 3 
 
 3 
 
 8 
 
 21 
 
 5 
 
 15 
 
 8 
 
 32 
 
 44 
 
 149 
 
 8 
 
 42 
 
 5 
 
 48 
 
 6 
 
 76 
 
 13 
 
 35 
 
 9 
 
 9 
 
 5 
 
 7 
 
 94 
 
 21 
 
 5 
 
 1 
 
 14 
 
 17 
 
 182 
 
 19 
 
 17 
 
 23 
 
 211 
 
 10 
 
 27 
 
 1 
 
 3 
 
 36 
 
 14 
 
 17 
 
 11 
 
 389 
 
 424 
 
 10 
 22 
 12 
 26 
 296 
 59 
 61 
 2 
 30 
 
 28 
 
 546 
 
 27 
 
 56 
 
 109 
 
 1,116 
 
 106 
 
 382 
 
 30 
 
 111 
 
 130 
 
 60 
 
 63 
 
 63 
 
 2,233 
 
 The Millinery Teade 
 
 447 
 
 TABLE yi.— Concluded 
 
 ' 
 
 WOMEN 
 
 IN bach occupation who 
 
 ON THE PAYROLL 
 
 WERE 
 
 All 
 women 
 
 Occupation 
 
 • 
 
 Over 
 
 1 week 
 
 and less 
 
 than 6 
 
 6 weeks 
 and less 
 than 10 
 
 10 weeks 
 and Isss 
 than 20 
 
 20 weeks 
 and less 
 than 40 
 
 40 weeks 
 or more 
 
 All branches: 
 Forewomen 
 
 
 2 
 
 9 
 
 21 
 
 123 
 
 61 
 
 71 
 
 17 
 
 40 
 
 14 
 
 8 
 
 13 
 
 11 
 
 2 
 13 
 24 
 205 
 104 
 91 
 32 
 58 
 28 
 13 
 20 
 
 17 
 
 5 
 18 
 13 
 212 
 97 
 77 
 32 
 38 
 20 
 13 
 20 
 
 18 
 
 31 
 34 
 33 
 226 
 148 
 35 
 27 
 14 
 37 
 14 
 44 
 
 29 
 
 40 
 
 Designers 
 
 25 
 
 45 
 
 408 
 
 141 
 
 150 
 
 29 
 
 97 
 
 33 
 
 12 
 
 21 
 
 10 
 
 99 
 
 Trimmers 
 
 136 
 
 Copyists 
 
 1,174 
 
 Makers 
 
 551 
 
 Preparers 
 
 424 
 
 Improvers 
 
 137 
 
 Apprentices 
 
 247 
 
 Machine operators 
 
 132 
 
 Straw and crown sewera 
 
 Floor workers 
 
 60 
 118 
 
 Workers in all other manu- 
 facturing occupations 
 
 85 
 
 Total 
 
 971 
 
 390 
 
 607 
 
 563 
 
 672 
 
 *3,203 
 
 
 
 *See Table 16, footnote, p. 50. 
 
448 
 
 Appendix IV — Wage Investigation 
 
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 449 
 
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 AppexXdix IV— Wage Investigation 
 
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 Appendix IV — Waob Investigation 
 
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 The Millinery Trade 
 
 453 
 
 TABLE V — WEEKLY RATES OF WAGES PAID TO WOMEN EMPLOYED IN 
 MILLINERY WORKROOMS IN DEPARTMENT STORES IN NEW YORK CITY, 
 BY OCCUPATIONS, CURRENT PAYROLL, 1914 
 
 Weekly Rate op Wages 
 
 Less thftn $2 
 
 $2 and lees than $3 . . . 
 
 $3 and less than $4 . . . 
 
 $4 and less than $5 . . . 
 
 $5 and less than 16... 
 
 $6 and less than $7 . . . 
 
 $7 and less than $8. . . 
 
 $8 and less than $9... 
 
 $9 and less than $10. . . 
 $10 and less than $11... 
 $1 1 and less than $12. . . 
 $12 and less than $15. . . 
 $15 and less than $20. . . 
 $20 and less than $25 . . . 
 $25 and less than $30. . . 
 $30 or more 
 
 Total 
 
 WOMEN BlfPLOTBO AS 
 
 Fore- 
 women 
 
 Design- | Appren- 
 ers tices 
 
 All 
 other 
 milli- 
 ners 
 
 1 
 1 
 1 
 
 2 
 2 
 
 1 
 4 
 1 
 4 
 3 
 
 • • • • 
 
 14 
 
 1 
 
 8 
 
 6 
 
 8 
 
 5 
 
 15 
 
 10 
 
 13 
 
 8 
 
 23 
 
 12 
 
 8 
 
 2 
 
 1 
 
 120 
 
 Flower 
 
 and 
 
 feather 
 
 hands 
 
 Floor 
 workers 
 
 All 
 women 
 
 1 
 
 i 
 
 2 
 
 i 
 i 
 
 1 
 1 
 
 2 
 
 9 
 
 8 
 
 11 
 
 6 
 
 15 
 
 10 
 
 16 
 
 8 
 
 25 
 
 17 
 
 11 
 
 6 
 
 4 
 
 150 
 
454 
 
 Appendix IV — Waoe Investigation 
 
 The Millinery Trade 
 
 455 
 
 r 
 
 !! 
 
 I' 
 
 TABLE VI.— ACTUAL EARNINGS IN ONE WEEK OP WOMEN EMPLOYED IN 
 MILLINERY WORKROOMS IN DEPARTMENT STORES IN NBW YORK CITY 
 BY OCCUPATIONS, CURRENT PAYROLL, 1914 ' 
 
 
 WOMEN BICPLOTSD A8 
 
 
 Actual Weekly 
 Earnings 
 
 Fore- 
 women 
 
 Design- 
 ers 
 
 Appren- 
 tices 
 
 AU 
 other 
 milli- 
 ners 
 
 Flower 
 
 and 
 feather 
 
 hn.ndlT 
 
 Floor 
 workers 
 
 AU 
 women 
 
 Lees than S2 
 
 
 i 
 
 i 
 
 4 
 2 
 3 
 3 
 
 3 
 
 i 
 
 i 
 
 2 
 
 4 
 
 5 
 
 9 
 
 9 
 
 8 
 
 12 
 
 15 
 
 8 
 
 10 
 
 17 
 
 11 
 
 10 
 
 2 
 
 1 
 
 '"2 
 
 "i 
 1 
 
 i 
 
 3 
 
 1 
 
 6 
 
 5 
 
 10 
 
 11 
 
 9 
 
 12 
 
 16 
 
 10 
 
 10 
 
 18 
 
 17 
 
 14 
 
 5 
 
 3 
 
 52 and less than S3 
 
 53 and less than S4 
 
 54 and less than S5 
 
 55 and less than S6 
 
 56 and less than %7 
 
 %7 and less than S8 
 
 58 and less than $9 
 
 59 and less than SIO 
 
 ;ltlO and less than Sll 
 
 511 and less than S12 
 
 512 and less than S15 
 
 S15 and less than S20 
 
 S20 and less than S25 
 
 S25 and less than S30 
 
 S30 or more 
 
 i 
 
 1 
 
 
 
 Total 
 
 2 
 
 14 
 
 7 ion 1 
 
 6 
 
 1 
 
 150 
 
 
 
 t-^nj 1 
 
 H 
 Q 
 
 CO 
 
 O 
 
 
 o 
 
 •J 
 
 o 
 
 00 
 
 O 
 
 o 
 o 
 
 55 
 O 
 
 55 
 
 5h 
 
 PS 
 
 o 
 
 55 
 I— t 
 
 S5 
 ^§ 
 
 o 
 
 i-i o 
 
 9 
 
 5| 
 
 z 
 
 s 
 
 9 
 
 a 
 
 n 
 
 00 
 H 
 
 H 
 
 H 
 
 OQ 
 
 S 
 
 s 
 
 Si 
 9 
 
 O 
 
 <=> 3 hi § 
 
 
 c^ 
 
 ? 
 
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 OS 
 
 05 
 
 d 
 
 
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 w 
 
 Oli-« 
 
 »o 
 
 OICO 
 
 CO 9 d 
 
 
 »c g d g S«o 
 
 ^^c« 
 
 i-<COD» 
 
 CO 
 
 3^:2 
 
 »o 
 
 1— I tH tH C4 
 
 cogdJl^ 
 
 c» 
 
 EtJ « d 
 
 O 09 ^ .d 
 
 1-H »0 •-* 1-^ ^ iH 1^ "OlfM 
 
 CO 
 
 00 
 
 - S d ij 
 
 (M 
 
 r-4 • C4 1-4 <^ CO th kO 04 1-4 'CO -C^C^CO 
 
 Jl-I 
 
 
 C^ ,-1 «^ -^ C< »-i CO C« <N C» 'C^rHC^i-i 
 
 co"^>ocdb^odoiO'-HC<i»OQ"5< 
 
 Illlllllllllll 
 
 Cj 
 
 s 
 
 J 
 
 T3 
 
 d 
 
 TJ "fl "C "^ 'C "^ "fl T3 "O 'O "^ "^ "TS ^ 
 
 dddddddcaddddh. 
 
 03 08 
 
 08 oS 03 08 
 
 aalsuasssg^ig 
 
 08 o 
 
 03 
 
 -♦» 
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 d 
 
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 M 
 
 OQ 
 
 • »■< 
 
 08 
 
 -*> 
 
 CD 
 
 9 
 
 CO 
 
 s 
 
 S 
 
 s 
 
 CO 
 
 § 
 
 •-3 
 
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 I— 1 
 
 3 
 s 
 
 o 
 
456 
 
 
 ti 
 
 i ■ 
 
 r 
 
 
 Appendix IV— Wage Investigation 
 
 2 r:^ S2 * ;:2 '^ *^ '^ ^ ® w £« <N 
 
 iilllllJIJiii 
 
 _^ Z^ "O tS T> "O "d "d TS "O tJ n3 H 
 
 J 
 
 e 
 
 
 3 
 
 3 
 
 s 
 
 The Millineby Trade 
 
 OS GS ^ CO t^ CO 04 
 
 fi 5i CO «-! -< »-i 
 
 457 
 
 :$ 
 
 ■^»c;ot>»oooso . 
 
 »-^ 1-H t-H t— ( 1— t f— ( CI 
 
I' Id 
 
 m 
 
 ii' 
 
 11' 
 
 458 
 
 Appendix I V— Wage Investigation 
 
 !l^==s^-^s-?^:^roS=r«' 
 
 Occupation 
 
 WOMEN WHO WERE 
 
 Native 
 
 Foreign- 
 born 
 
 Forewomen 
 
 Designers 
 
 Apprentices ........ 
 
 AH other milliners . . . .. 
 Rower and feather hani 
 Floor workers 
 
 Total 
 • Of the total 150, 4 did not state country of birth 
 
 1 
 10 
 6 
 102 
 6 
 1 
 
 All 
 women 
 
 126 
 
 1 
 
 3 
 
 1 
 
 15 
 
 2 
 M 
 
 7 
 
 117 
 
 6 
 
 1 
 
 20 
 
 ♦146 
 
 '"^MlSn^r? X^^i^^^^^ '^''^ ^^^ ^^ ^^MEN EMPLOYED IN 
 
 Actual Weekly Earnings 
 
 Less than $2 . 
 12 and 
 $3 and 
 14 and 
 $5 and 
 $6 and 
 $7 and 
 
 18 and 
 
 19 and 
 $10 and 
 111 and 
 $12 and 
 $15 and 
 $20 and 
 $25 and 
 
 $30 or more 
 
 less than 
 less than 
 less than 
 less than 
 less than 
 less than 
 less than 
 less than $10 
 less than $11 
 less than $12 
 less than $15 
 less than $20 
 less than $25 
 less than $30 
 
 $3 
 $4 
 $5 
 
 $6 
 $7 
 $8 
 $9 
 
 Total 
 
 ♦ Of the total 150, 4 did not state country of birth 
 
 3 
 i 
 
 ^ 
 
 o 
 
 GQ 
 J? 
 O 
 
 P 
 
 2 
 
 The Millinery Trade 
 
 459 
 
 s 
 
 o 
 
 H 
 
 o 
 
 d 
 
 ^^M 
 
 C1COt^O?Oi-i 
 
 
 C^ -J-tTH 
 
 ^ S no 
 
 ="9 
 
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 ^ 
 
 
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 ss 
 
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 5 
 
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 s 
 
 3 
 
 5 
 
 ,£3 
 
 s 
 
 O 
 
 H 
 
460 
 
 Appendix IV — Wage Investigation 
 
 The Millinery Tsade 
 
 461 
 
 i-Ki 
 
 1:1 
 
 ^Q 
 
 H 
 
 •"^2*12^15 c5§5S'°^t5^®"' 
 
 
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 5 
 
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 t.ocoo>oc5g5^c5co«gr5i^»o»o 
 
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 i-Hl-(»C«O»-HlOC^»O^»-HC0 
 
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 ^ i 
 
 
 1-4 -.-H^OiQOCO^ .rHCO»-l 
 
 ? 
 
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 eld 
 
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 ^W ^W ^W 99 9W Q^F fl^F 
 
 
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 aananeOQSaseseSaSosaS 
 
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462 
 
 Appendix IV — Wage Investigation 
 
 The Millinery Trade 
 
 463 
 
 :>- 1' 
 
 H 
 
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 135 
 
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 ^ 3 !s o 
 
 t.ooo«r;5;g5ggj;»gg„«« 
 
 
 
 
 
 
 
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464 
 
 Appendix IV — Wage Investigation 
 
 If 
 
 
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 3 
 
 The Millinery Trade 
 
 465 
 
 
rHi 
 
 m i 
 
 466 
 
 Appendix IV— -Wage Invest 
 
 lOATION 
 
 H 
 
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 i-t i-< »-t i-t f-i 1-^ ^ 
 
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 The Millinery Trade 
 
 467 
 
 TABLE VIIL- ACTUAL EARNINGS IN ONE WEEK OF WOMEN EMPLOYED IN 
 MILLINERY WORKROOMS IN DEPARTMENT STORES IN NEW YORK 
 STATE, EXCLUSIVE OF NEW YORK CITY, BY NATIVITY. CURRENT PAY- 
 ROLL, 1914 
 
 WOMEN WHO 
 
 Actual Weekly Earnings 
 
 
 Lms than $2 
 
 12 and 
 
 13 and 
 $4 and 
 $5 and 
 $6 and 
 $7 and 
 $8 and 
 $9 and 
 
 110 and 
 $11 and 
 $12 and 
 $15 and 
 $20 and 
 $25 and 
 
 $30 or more. 
 
 688 than $3 , 
 688 than $4 . 
 688 than $5 . 
 688 than $6 , 
 688 than $7 . 
 than $8. 
 688 than $9 . 
 688 than $10 . 
 ess than $11. 
 688 than $12. 
 less than $15 . 
 ess than $20 . 
 ess than $25 . 
 ess than $30 . 
 
 Total 
 
 Native 
 
 8 
 
 8 
 
 13 
 
 8 
 
 18 
 
 20 
 
 19 
 
 24 
 
 22 
 
 17 
 
 5 
 
 24 
 
 18 
 
 6 
 
 5 
 
 5 
 
 220 
 
 Foreign- 
 bom 
 
 An 
 
 women 
 
 3 
 3 
 5 
 2 
 
 1 
 6 
 2 
 1 
 
 25 
 
 8 
 
 9 
 
 13 
 
 9 
 
 18 
 
 23 
 
 22 
 
 29 
 
 24 
 
 17 
 
 6 
 
 30 
 
 20 
 
 7 
 
 5 
 
 5 
 
 245 
 
468 
 
 Appendix IV — Wage Investigation 
 
 The Millineby Tbade 
 
 469 
 
 
 APPENDIX D 
 
 In Victoria it has been found practicable to organize a minimum 
 wage board in the millinery trade. The following is the most recent 
 award made by the board. It will be noticed that the award defines 
 minimum wage rates and also the proportionate number of apprentices 
 and improvers who may be employed in any shop. 
 
 [Extract from Vidorta Government Gazette, No. 155, of 10th October, 
 
 1913, pages 4539 and 4540.] 
 
 FACTOKIES AND SHOPS ACTS. 
 DETERMINATION OF THE MILLINERS' BOARD. 
 In aivordance with the provisions of the Factories and Shops Acts, 
 the Special Board appointed to determine the lowest prices or rates of 
 payment to be paid for wholly or partly preparing or manufacturing, 
 either inside or outside a factory or work-room, the following articles 
 that is to say : — ' 
 
 " Women's, girls', and infants' bonnets, caps, and hats, other 
 than straw hats not made on wire shapes or frames, and other than 
 felt hats, but including the trimming of straw hats." 
 has made the following Determination, namely: — 
 
 1. That previous Determinations of this Board are hereby amended, 
 and such amendments shall come into force and be operative on and 
 after 3rd November, 1913. 
 
 The Determination and amendments are printed hereunder. 
 
 WAGES. 
 
 2. That the following shall be the lowest rate of wages to be paid 
 
 to — All adults, 25s. per week of 48 hours. 
 
 APPRENTICES AND IMPROVERS. 
 
 "Apprentice " means any person under twenty-one years of age bound 
 by indentures of apprenticeship, or any person over twenty-one years 
 of age, who, with the sanction of the Minister, is bound by indentures 
 of apprenticeship. (Act 2386, Section 5.) 
 
 " Improver " means any person (other than an apprentice) who does 
 not receive a piece-work price or a wages rate fixed by any Special 
 Board for persons other than apprentices or improvers, and who is not 
 
 over twenty-one years of age, or who being over twenty-one years of age 
 holds a licence from the Minister to be paid as an improver. (Act 
 2386, Section 5.) 
 3. That — 
 
 (a) The lowest rates which may be paid to an apprentice or an 
 
 improver; and 
 (h) The proportionate number of apprentices and improvers 
 
 who may be employed by any employer 
 shall be as shown in the following table: — 
 
 WAOB8 PBH WEEK OF 48 HOURS 
 
 During — 
 
 Ist year, 
 
 2d 
 
 3d 
 
 4th 
 
 5th 
 
 eth 
 
 Apprentices and 
 improvers 
 
 «. d. 
 
 5 
 
 7 6 
 
 10 
 
 12 6 
 
 15 
 
 20 
 
 and thereafter the 
 
 minimum wage 
 
 Proportionate number 
 
 Apprentices. 
 One apprentice to every three or fraction of three 
 workers receiving not less than 258. per week of 48 
 hours. 
 
 Improvers. 
 Five improvers to every worker receiving not less 
 than 25s. per week of 48 hours. 
 
 PIECE-WORK. 
 
 4. The Board determines under the provisions of Section 144 of the 
 Factories and Shops Acts 1912 that any employer may fix and pay 
 piece-work prices to any person or persons or classes of persons employed 
 at any work for which the Board has fixed a minimum wage, provided 
 that any such employer shall base such piece-work prices on the earnings 
 of an average worker working under like conditions, and such piece-work 
 prices shall be fixed so that an average worker can earn not less than 
 the wages that are fixed by the Board for such work. 
 
 Note. — Cotton and all other materials of which articles provided 
 for in this Determination are made must be supplied by the employer 
 free of charge to the worker, in order that piece-work prices or wages 
 rates payable shall be net 
 
 J. SADLEIR, 
 
 Chairman. 
 Melbourne, October 1, 1913. 
 
?^ 
 
 HI' 
 
 V I 
 
 VIII. 
 
 WAGES PAID BY THE NEW j YORK 
 TELEPHONE COMPANY TO VARIOUS 
 CLASSES OF OPERATORS IN THE 
 DIFFERENT CITIES IN NEW YORK 
 STATE 
 
 August 6, 1914. 
 New York State Factory Iiivestigatiiuj Commission, 170 Broad- 
 way, New York City: 
 
 Gentlemen: As requested by your ISfr. Woolston in his let- 
 ter of July 14th, I hand you herewith a statement showing the 
 wages paid operators in various cities in the State. Inasmuch 
 as the wages paid are closely associated with tlie working condi- 
 tions covering evening, night, Sunday and holiday employment, 
 and in order to place our practices clearly before the Commis- 
 sion, we have prepared a rather detailed memorandum on this 
 subject, which accompanies the wage schedule. 
 
 In this connection it may be of interest to know that while the 
 average weekly wage of women employed in telephone exchanges 
 in Greater New York as determined from the schedule is $10 per 
 week, the actual average earnings, including extra, Sunday and 
 holiday pay, anniversary payments, etc., as shown by payments 
 actually made, is $11.39. Similar figures for the upstate terri- 
 tory, including all the small towns and villages, show the aver- 
 age weekly wage to be about $8.10 per employee and the actual 
 average earnings about $9.12 per employee. 
 
 Respectfully, 
 
 CHARLES T. RUSSELL, 
 
 Counsel, 
 [471] 
 
h 
 
 Hi 
 
 472 
 
 Appendix IV — Wage Investigation 
 
 i'> 
 
 h? 
 
 Infobmation Requested by the New York State Factory 
 Investigating Commission in Reference to Wages Paid 
 BY the New York Telephone Company to Various 
 Classes of Operators in the Different Cities of the 
 State of New York 
 
 In order that the Commission may have a complete picture of 
 the conditions of employment of the operating force of the New 
 York Telephone Company in the State of New York, this memo- 
 randum includes a brief outline of the working conditions, hours 
 of labor, etc., as well as a statement of the wage scales in effect 
 in the various cities. 
 
 For the purposes of this memorandum, the State of New 
 York will be considered in two parts, known in general as the 
 " Downs tate Divisions '' and as the " Upstate Divisions." The 
 " Downstate Divisions " include Greater New York, all of Long 
 Island, and Westchester, Putnam and part of Rockland counties. 
 The ^" Upstate Divisions '' include the remaining territory in the 
 State of New York. 
 
 The conditions of employment vary slightly in these two gen- 
 eral divisions of the territory, and where such differences exist 
 they are pointed out in this memorandum under the general 
 headings " Downstate " and " Upstate." 
 
 Central office forces are organized on what may be called three 
 shifts, known as the day force, the evening force and the night 
 force. Operators on the day force work continuously during day 
 hours with suitable periods for luncheon and relief, as explained 
 below. Operators on the evening force work either continuously 
 during afternoon and evening hours, with suitable periods for 
 supper and relief, or work on what is termed " divided hours," 
 including a certain number of hours during the forenoon 
 and a certain number of hours during the evening. Evening 
 operators' tours of duty, as a rule, end not later than 10 p. m., 
 but occasionally extend to 11 p. m. Night operators work dur- 
 ing night hours as a rule after 9 or 10 p. m., and until relieved 
 by the day force in the morning, with suitable periods for 
 luncheon relief and rest as described below. 
 
 Telephone Operators 
 
 473 
 
 Length op Working Day 
 
 In all of the territory in the State of New York, the length of 
 a central office operator's working day is as follows: 
 
 Day Force,— Eight (8) hours excluding lunch relief but in- 
 cluding a 15 minute relief period during the employee's long 
 trick at the switchboard either in the morning or afternoon. 
 
 Evening Farce, — Seven (7) hours excluding supper relief but 
 including a 15 minute relief period during the operator's long 
 trick at the switchboard. 
 
 Night Force.— Eight (8) hours excluding luncheon and rest 
 periods. 
 
 (Note.— It should be understood that while the night force 
 in the larger offices is required to actually work only 8 hours, 
 night operators are, in the majority of cases, in the central 
 office building from 9 to 10 hours. During the periods when 
 they are not actually working, they are on relief in the retiring 
 rooms where accommodations are provided so that they may rest 
 and sleep if they so desira In smaller offices, where the night 
 traffic is practically negligible, provision is made so that the 
 night operator may sleep during practically all of the time that 
 she is in the office. Such offices are equipped with a night bell 
 circuit so that the operator will be awakened when a call comes 
 in. TTnder these conditions, while the night operator is avail- 
 able to answer calls during a period of from 8 to 12 hours, the 
 amount of labor performed by her is very small and there are 
 long stretches during the night period when she is asleep and 
 performing no labor whatever.) 
 
 Sunday Work 
 
 Operators on the three forces take their turns at working on 
 Sundays. A Sunday relief force is provided so that each 
 operator who works on any Sunday will have a day off during 
 the week following the Sunday worked. 
 
 (Note. — It will be noted from this arrangement that while 
 no operator works more than six days in any one calendar week, 
 operators who work on Sunday will in the majority of cases 
 work more than six out of seven consecutive days in the period 
 
474 
 
 Appendix IV — Wage Investigation 
 
 Telephone Operators 
 
 475 
 
 including a Sunday worked; for example: An operator who 
 works on the six week days from Monday July 13th, to Satur- 
 day, July 18th, inclusive, may be assigned to work on Sunday, 
 July 19th. Thursday, July 23d, may be assigned to this 
 operator as her day oif in the week succeeding the Sunday 
 worked. Under these conditions, while this operator will have 
 worked only six days in the calendar week, from Sunday, July 
 12th, to Saturday, July 18th, and only six days in the calendar 
 week from Sunday, July 19th, to Saturday, July 25th, she will 
 have worked ten consecutive days from Monday, July 13th, to 
 Wednesday, July 22d, inclusive.) 
 
 Payment for Sunday work is made as follows: 
 Downstate. — At the rate of time and a half for time worked 
 on the first Sunday worked in any calendar month, and at the 
 rate of double time for time worked any Sunday subsequent to 
 the first Sunday worked in any calendar month. No payment 
 is made for the day off allowed to operators on account of Sun- 
 day work. 
 
 Upstate. — ^At the rate of time and a half for time worked on^ 
 any Sunday in the calendar month. No payment is made for 
 the day off allowed to operators on account of Sunday work. 
 
 Holiday Work 
 
 Operators on the various forces in the central oflRces take their 
 turns at working on holidays. No subsequent day off is allowed 
 for the holiday worked. Payment for holiday work is as fol- 
 lows: 
 
 Dotvnstate. — All employees receive full pay for the holiday 
 whether they work or not. Employees who work on holidays re- 
 ceive additional pay at the full rate for the time worked. 
 
 Upstate, — ^All employees receive full pay for the holiday 
 whether they work or not. Employees who work on holidays 
 receive additional pay at half rate for the time worked. 
 
 Payments for Overtime Work 
 
 Payments for time worked in excess of the regular schedule 
 are made at the rate of time and a half in all divisions. Over- 
 time work is not required except under imusual conditions, such 
 as storms, floods, etc. 
 
 Vacation Allowances 
 
 The following vacation allowances are made in all divisions: 
 
 Employees who enter the service prior to January first of the 
 vacation year but not more than one year prior to July first of 
 vacation year — one week with pay. 
 
 Employees who enter the service more than one year but less 
 than two years prior to July first of the following year — one 
 week with pay — one week without pay. 
 
 Employees who enter the service two years prior to July first 
 of vacation year — two weeks with pay. 
 
 Saturday Afternoons Off 
 
 The forces in the downstate divisions are so arranged that 
 during the sixteen weeks beginning with the first week in June, 
 each employee on the day and evening forces has at least one 
 Saturday afternoon off out of each four, with pay. Additional 
 Saturday afternoons off, with pay, are given when the condition 
 of the force and the volume of trafiic will so admit In the 
 upstate divisions, Saturday afternoons off, with pay, are given 
 when traffic conditions permit 
 
 Anniversary Payments 
 
 In addition to the regular wages paid central office employees, 
 bonus payments are made on the anniversaries of the date of an 
 employee's engagement in the operating force of the company, as 
 follows : 
 
 On the second anniversary $25 00 
 
 On the third and each successive anniversary to the 
 
 6th, inclusive 50 00 
 
 On the 7th anniversary and each successive anniver- 
 sary thereafter 100 00 
 
 — « 
 
 Employee's Pensions, Disability Benefits and Death 
 
 Benfits 
 
 The New York Telephone Company has in effect a plan of 
 pensions and benefits in which the operating force participates. 
 Under this plan benefits are paid to employees who have been in 
 
476 
 
 Appendix IV — Wage Investigation 
 
 Telephone Operators 
 
 477 
 
 !: 
 
 Eii 
 
 the service for a certain length of time. Sick benefits are paid 
 to employees who have been in the service for a period of two 
 years, such paym<*nts including full salary for a length of time 
 that is dependent upon the term of service. The minimum pay- 
 ment under this plan for sickness is full pay for four weeks and 
 half pay for nine weeks.* Supplementing the general plan under 
 which payments arc made from the fund established for the pur- 
 pose, the company from company funds makes payments under 
 special conditions in the case of sickness of employees who are 
 not eligible to payment under the plan. The payments authorized 
 from the company funds provide for minimum payment, in the 
 case of an employee who has been in the service less than one year, 
 of full pay for one week and half pay for two weeks. More liberal 
 allowances can be made, however, when the case seems to warrant 
 such payment. 
 
 Wage Scales 
 
 All wages are paid on a weekly basis, the working week con- 
 sisting of six days of either seven or eight hours each, as 
 described under " Length of Working Day." 
 
 The following tables show the wages paid in various groups of 
 cities and towns. In these tables the figures shown under the 
 general heading " Operators " and opposite the words " Day," 
 *' Evg." and " Ngt" give the normal number of months from 
 the date of employment which is normally required for an 
 operator on the day, evening or night forces, respectively, to 
 reach the weekly rate shown at the head of the column. If the 
 employee shows unusual proficiency she will be advanced more 
 rapidly than is shown in the schedule. If, on the other hand, 
 she does not develop as rapidly as the normal employee, her rate 
 of advancement will be somewhat retarded. Employees, how- 
 ever, who clearly demonstrate that their ability is not such as 
 will enable them to earn wages approximately in accordance with 
 the schedule shown, are not retained in the service except under 
 unusual conditions. 
 
 * The company has issued a pamphlet giving details of this plan. 
 
 The figures shown under the general heading " Supervisory 
 and Auxiliary force" show the Maximum weekly rates of pay 
 made to these supervisory and auxiliary forces. These rates of 
 pay are obtained within a period of two years from the date of 
 promotion of the employee from the operating to the supervisory 
 and auxiliary force. 
 
 The following abbreviations have been used in compiling these 
 tables: 
 
 S = Student operator. 
 Snr. Pr.:^ Senior operator. 
 Sr8.= Supervisors. 
 Girl Mgs.= Girl Messengers. 
 
 In these schedules the salaries of chief operators are not 
 shown. The salaries of chief operators vary with the size of the 
 office and number of employees, up to a maximum of $30 per 
 week in the larger offices in Manhattan. 
 
 
 1. 
 
 BOROUGH OF MANHATTAN - 
 
 -NEW YORK CITY 
 
 
 
 
 oramATOMi 
 
 SUPBRVISORT AND AUXn<IART FOKCB 
 
 
 i^ Fisurea in spaces show average 
 i number of months to reach weekly 
 H rate shown at head of column 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 •4 
 
 $5 
 
 $6 
 S 
 
 $7 
 
 3 
 S 
 
 18 
 
 7 
 3 
 8 
 
 10 
 
 12 
 7 
 3 
 
 tio 
 
 21 
 
 12 
 
 7 
 
 Sll 
 
 $12 
 
 S13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Giri 
 mgB. 
 
 Clerks 
 
 Chief 
 clerk 
 
 Dta 
 
 
 
 $11 
 12 
 13 
 
 $14 
 15 
 16 
 
 $6 
 
 $10 
 
 $13 
 
 Ehrening 
 
 
 
 21 
 12 
 
 • • • 
 
 21 
 
 • • • 
 
 • • • 
 
 Nisht 
 
 
 ■ ■ • 
 
 
 
 
 • •>••• 
 
 
 
 2. 
 
 BOROUGH OF BRONX 
 
 — NEW YORK CITY 
 
 
 
 
 OnUUTOBS 
 
 BUPBRViaOBT AND AUXIUART VORCB 
 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 $4 
 
 $5 
 
 8 
 
 $6 
 
 3 
 
 8 
 
 $7 
 
 7 
 3 
 S 
 
 $8 
 
 12 
 7 
 3 
 
 $0 
 
 18 
 
 12 
 
 7 
 
 $10 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 D«y 
 
 
 24 
 
 18 
 12 
 
 
 $11 
 12 
 13 
 
 $14 
 15 
 16 
 
 $5 
 
 $10 
 
 $13 
 
 KTeninc 
 
 
 24 
 18 
 
 24 
 
 
 Night 
 
 
 
 ■ • 
 
 
 
i78 
 
 Appendix IV — Wage Iittsstioation 
 
 Telephone Opeeatobs 
 
 479 
 
 
 » 
 
 ii 
 
 m 
 
 
 8. BOROUGHS OP BROOKLYN. QUEENS AND RICHMOND — NEW YORK CITY 
 
 
 ' OPBRATORa 
 
 8CPBBVI80BT AND AUXIUABT FOBCB 
 
 
 Ii Figures in spaces show average 
 number o^months to reach weddy | 
 l^rate shown at head'of^column] | 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 $4 
 
 $5 
 
 8 
 
 16 
 
 3 
 
 S 
 
 • • • 
 
 •7 
 
 7 
 3 
 S 
 
 $8 
 
 12 
 7 
 3 
 
 $9 
 
 $10 
 
 $11 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Oiri 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 Day 
 
 21 
 
 12 
 
 7 
 
 
 •10 
 11 
 12 
 
 fl3 
 14 
 15 
 
 $5 
 
 $10 
 
 $13 
 
 Evening 
 
 
 21 
 12 
 
 
 
 
 
 Night 
 
 • ■ • 
 
 21 
 
 • • • 
 
 • • • 
 
 • •,••••• 
 
 
 
 4. MT. VERNON, NEW ROCHELLE. WHITE PLAINS AND YONKERS 
 
 
 OPBBATOBB 
 
 BUPBBVIBOBT AND AVXILIABT FOBCB 
 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 $4 
 
 $5 
 
 $6 
 
 $7 
 
 7 
 3 
 S 
 
 $8 
 
 12 
 7 
 3 
 
 $9 
 
 $10 
 
 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 Day 
 
 
 S 
 
 3 
 
 8 
 
 24 
 
 12 
 
 7 
 
 
 
 $10 
 11 
 12 
 
 $13 
 14 
 15 
 
 $5 
 
 $9 
 
 $12 
 
 Evening 
 
 
 24 
 12 
 
 
 
 
 Night 
 
 ■ • • 
 
 • • • 
 
 24 
 
 • • • 
 
 • • • 
 
 
 
 
 5. DOBBS FERRY, LARCHMONT, MAMARONECK, RYE, MT. KISCO. TUXEDO. 
 FREEPORT. GARDEN CITY, GLEN COVE. ROCKVILLE CENTRE. LONG 
 BEACH. OYSTER BAY AND PT. WASHINGTON 
 
 
 OPBBATOBS 
 
 SXTPBRTIBOBT AKO AUXIUABT rOBCB 
 
 
 Figures in si>ace8 show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures i^ow maximum weekly 
 rates of pay 
 
 
 $4 
 
 S 
 
 $5 
 
 3 
 S 
 
 $6 
 
 7 
 3 
 R 
 
 $7 
 
 12 
 7 
 3 
 
 $8 
 
 18 
 
 12 
 
 7 
 
 $9 
 
 36 
 18 
 1? 
 
 $10 
 
 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Sia. 
 
 Girl 
 
 Clerks 
 
 Chief 
 clerk 
 
 Day 
 
 $10 
 11 
 12 
 
 $12 
 13 
 14 
 
 $4 
 
 $0 
 
 •12 
 
 Evening 
 
 36 
 18 
 
 
 
 
 Night 
 
 
 36 
 
 • • • 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 e. BREWSTER. KATONAH. STONY POINT, YORKTOWN, BABYLON. BAY SHORE. 
 HUNTINGTON. NORTHPORT, PATCHOGUE, PT. JEFFERSON, QUOGUE 
 RIVERHEAD, SAYVILLE AND SHOREHAM 
 
 
 OPBBATOBB 
 
 ■UPBBVIBOBT AMD AUXIUABT POBCB 
 
 
 figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of colimm 
 
 Figures show maximiun weekly 
 rates of pay 
 
 
 $4 
 
 S 
 
 $5 
 
 3 
 
 S 
 
 $6 
 
 7 
 3 
 
 R 
 
 $7 
 
 12 
 7 
 3 
 
 $8 
 
 24 
 
 12 
 
 7 
 
 $9 
 
 $10 
 
 $11 
 
 $12 
 
 $13 
 
 Rnr. 
 pr. 
 
 Srs. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 dsrk 
 
 Day 
 
 $0 
 10 
 11 
 
 $11 
 12 
 13 
 
 
 
 
 Evening 
 
 24 
 
 12 
 
 
 
 
 
 
 
 
 Night 
 
 
 24 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 7. BUFFALO, ROCHESTER AND NIAGARA FALLS 
 
 
 OPBBATOBB 
 
 BUPBBVI60BT AND AXTXnJABT FOBCB 
 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 $4 
 
 $5 
 S 
 
 • • • 
 
 $6 
 
 3 
 
 S 
 
 • • • 
 
 $7 
 
 7 
 4 
 S 
 
 $8 
 
 12 
 12 
 
 4 
 
 $9 
 
 24 
 24 
 12 
 
 $10 
 
 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 Day 
 
 
 $10 
 10 
 11 
 
 $12 
 12 
 13 
 
 $5 
 
 $9 
 
 $12 
 
 Evening 
 
 
 
 
 
 Night 
 
 • • « 
 
 24 
 
 
 • • • 
 
 a • ■ 
 
 
 
 
 For toll boards and information bureaus located in the above 
 cities, the following wage schedule applies: 
 
 OPXBATOB8 
 
 Diy 
 
 Evening. 
 Night. . . 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 $5 
 
 8 
 
 $6 
 
 $7 
 
 $8 
 
 12 
 
 12 
 
 4 
 
 $9 
 
 21 
 21 
 12 
 
 $10 
 
 30 
 30 
 21 
 
 $11 
 
 30 
 
 $12 
 
 aUPERVnORT AND AUXIUABT FOBCB 
 
 Figures show maximiun weekly 
 rates of pay 
 
 $13 
 
 Snr. 
 pr. 
 
 $11 
 11 
 12 
 
 Srs. 
 
 $13 
 13 
 14 
 
 Girl 
 mgs. 
 
 $5 
 
 Clerks 
 
 Chief 
 clerk 
 
 $9 
 
 $13 
 
 8. JAMESTOWN, LOCKPORT, OLEAN AND TONAWANDA 
 
 
 OPBBATOBB 
 
 aUPBBVISOBT AND AUXIUABT FOBCB 
 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of colimm 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 $4 
 
 $5 
 
 8 
 8 
 
 $6 
 
 3 
 3 
 
 8 
 
 $7 
 
 7 
 7 
 3 
 
 $8 
 
 12 
 12 
 
 7 
 
 $9 
 
 30 
 30 
 12 
 
 $10 
 
 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 Day 
 
 $10 
 10 
 11 
 
 $12 
 13 
 13 
 
 
 
 
 Evening 
 
 • • • 
 
 
 
 
 
 
 
 
 Night 
 
 ■ • ■ 
 
 30 
 
 
 
 
 
 
 
 9. ATTICA, BROCKPORT, GENESEO, HAMBURG, LEROY, SPRINGVILLE. WARSAW 
 
 
 OPBBATOBS 
 
 SUPBBVISOBT AND AUXIUABT FOBCB 
 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 $4 
 
 8 
 8 
 
 $5 
 
 2 
 2 
 2 
 
 $6 
 
 7 
 7 
 7 
 
 $7 
 
 12 
 12 
 12 
 
 $8 
 
 30 
 30 
 30 
 
 $9 
 
 $10 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Sra. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 1>V 
 
 •9 
 
 9 
 
 $10 
 10 
 10 
 
 
 
 
 Evening 
 
 ... 
 
 
 
 
 
 
 
 
 Night 
 
 8 
 
 
 ■ a • 
 
 
 
 
 
 
 
If) 
 
 $ 
 
 480 
 
 Appendix IV — Wage Investioatiow 
 
 10. ALBANY. SCHENECTADY AND TROY 
 
 
 OPUUTOMI 
 
 •tTraBVUORT AXn AUXfUABT fOnCB 
 
 
 Figures in qmmms show av«rmge 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 U 
 
 $5 
 
 8 
 8 
 
 96 
 
 3 
 3 
 
 8 
 
 $7 
 
 7 
 7 
 
 4 
 
 S8 
 
 15 
 15 
 12 
 
 $8 50 
 
 and 
 10 
 
 110 
 
 111 
 
 $12 
 
 113 
 
 8nr. 
 
 8ra 
 
 Oirl 
 mgs. 
 
 Clerks 
 
 Chief 
 olerk 
 
 Dmy 
 
 24 
 24 
 24 
 
 $10 
 10 
 10 
 
 $12 
 12 
 12 
 
 $5 
 
 to 
 
 $12 
 
 Eveninc 
 
 • • • 
 
 
 
 
 • • • 
 
 Night 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Local operators receive $8.50 per week; toll operators and 
 information operators receive $9 per week. 
 
 11. AMSTERDAM. KINGSTON. NEWBURG. POUGHKEEP8IE. GLENS FALLS 
 
 SARATOGA SPRINGS 
 
 
 OPBXATOU 
 
 ■vpsaviaoBT amd avxtuamy fobcb 
 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 rates of pay 
 
 
 $4 
 
 8 
 S 
 
 • ■ ■ 
 
 $5 
 
 3 
 3 
 8 
 
 $6 
 
 6 
 6 
 
 4 
 
 $7 
 
 12 
 12 
 10 
 
 $8 
 
 21 
 21 
 19 
 
 $8 50 
 
 and 
 
 $9 
 
 110 
 
 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Qiri 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 Day 
 
 30 
 30 
 30 
 
 
 $10 
 10 
 10 
 
 $12 
 12 
 
 12 
 
 $4 
 
 $0 
 
 $12 
 
 Evening 
 
 
 
 
 
 Night 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Local operators receive $8.50 per week; toll operators and 
 information operators receive $9 per week. 
 
 12. HUDSON. CATSKILL. MECHANICSVILLE. ARCADE. PENN YAN AND VICTOR 
 
 
 OPBKATOnS 
 
 •UPBBViaOBT AMD AUZIUART rOBCB 
 
 
 Figures in tpmoot show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures show maximum weekly 
 rates of pay 
 
 
 $4 
 
 $5 
 
 2 
 2 
 
 8 
 
 $6 
 
 
 
 
 
 10 
 
 $7 
 
 18 
 18 
 18 
 
 $8 
 
 $9 
 
 $10 
 
 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 Day 
 
 8 
 8 
 
 • ■ ■ 
 
 42 
 42 
 42 
 
 
 
 
 $9 
 9 
 9 
 
 $10 
 10 
 10 
 
 
 
 
 Evening 
 
 
 
 
 
 
 
 
 •■■«»«• 
 
 Night 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Telephone Operators 
 
 13. SYRACUSE. ITHACA AND -UTICA 
 
 481 
 
 Day 
 
 Evening. 
 Night. . . 
 
 OPERATORS 
 
 Figures in spaces show averas^e 
 
 numoer of months to reach weekly 
 
 rate shown at head of celumn 
 
 $4 
 
 $5 
 
 $6 
 
 1 
 8 1 
 
 3 
 
 S 
 
 1 
 
 3 
 
 8 
 
 1 
 
 3 
 
 $7 $8 
 
 _ i 
 
 10 21 
 10, 21 
 lo' 21 
 
 $9 $10 
 
 $11 
 
 $12 $13 
 
 SnPERVISORT AND AITXILIARY FORCE 
 
 Figures show maximum weekly 
 rates of pay 
 
 Snr. 
 pr. 
 
 $9 
 9 
 9 
 
 Srs. 
 
 $12 
 12 
 
 12( 
 
 Girl 
 mgs. 
 
 $i 
 
 Clerks 
 
 $9 
 
 Chief 
 clerk 
 
 $12 
 
 For toll board and information bureaus in the above cities, the 
 following wage schedule applies: 
 
 Day 
 
 Evening. 
 Night. . . 
 
 OPBHATOR8 
 
 Figures in spaces fihow averaa;e 
 
 number of months to reach weekly 
 
 rate shown at liead of column 
 
 $4 
 
 $5 
 
 $6 
 
 $7 
 
 10 
 10 
 10 
 
 $8 
 
 $9 
 
 18 
 18 
 18 
 
 27 
 27 
 27 
 
 $10 
 
 $11 
 
 $12 
 
 $13 
 
 SUPERVISORY AND AUXILIARY FORCE 
 
 Figures show maximum weekly 
 rates of pay 
 
 Snr. 
 pr. 
 
 Srs. 
 
 $10 
 10 
 10 
 
 $13 
 13 
 13 
 
 Girl 
 mgs. 
 
 $4 
 
 Clerks 
 
 Chief 
 clerk 
 
 •4 AUBURN. BINGHAMTON. ELMIRA. ONEIDA. ROME, WATERTOWN CORNING 
 
 AND LESTERSHIRE 
 
 
 OPERATORS 
 
 SUPERVISORY AND AUXILLVRY FORCE 
 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures show maximum weekly 
 rate of pay 
 
 
 $4 
 
 8 
 8 
 8 
 
 $5 
 
 3 
 3 
 3 
 
 $6 
 
 9 
 9 
 9 
 
 $7 
 
 18 
 18 
 18 
 
 $8 
 
 30 
 30 
 30 
 
 $9 
 
 110 
 
 $11 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 DV 
 
 $9 
 9 
 
 
 $11 
 11 
 11 
 
 
 
 
 Evening 
 
 Night 
 
 
 
 
 
 
 
 
 
 15. ADDISON. BATH. CLINTON. HAMILTON. HORSEHEADS. OWEGO AND 
 
 WATKIN8 
 
 
 
 
 OPERATORa 
 
 SUPERVISORY AND AUXILIARY FORCE 
 
 
 Figures in spaces show average 
 
 number of months to reach weekly 
 
 rate shown at head of column 
 
 Figures show maximum weekly 
 rates of pay 
 
 % 
 
 $4 
 
 8 
 8 
 8 
 
 $5 
 
 4 
 4 
 4 
 
 $3 
 
 $7 
 
 $8 
 
 48 
 48 
 48 
 
 $9 
 
 $10 
 
 ,n 
 
 $12 
 
 $13 
 
 Snr. 
 pr. 
 
 Srs. 
 
 Girl 
 mgs. 
 
 Clerks 
 
 Chief 
 clerk 
 
 Lfmy 
 
 Evening 
 
 Night 
 
 in 
 10 
 
 10 
 
 10 
 
 30 
 30 
 30 
 
 • • • 
 
 • • • 
 ■ • • 
 
 • • • 
 
 • • • 
 
 • • • 
 
 • • • 
 
 • > • 
 
 $9 
 9 
 9 
 
 $10 
 10 
 10 
 
 
 
 
 Vol. it -—10 
 
Public Service Corporations 
 
 483 
 
 I 
 
 ii 
 
 
 J. 
 
 IX. WAGES OF EMPLOYEES OF CERTAIN 
 
 PUBLIC UTILITIES 
 
 STATE OF NEW YOKE, 
 Public Service Commission, Second District/ 
 
 Albany, July 20, 1914. 
 Mr. Howard B. Woolston, Director of Investigation, New 
 York State Factory Investigating Commission, 22 East 
 17th Street, JSieiv York City: 
 
 Dear Sir. — In acknowledgment of your letter of the 14th in- 
 stant requesting data regarding rates of wages paid by public 
 service corporations, we desire to state that the Commission pub- 
 lishes annually a volume of statistics relating to steam and elec- 
 tric railroads, included in which are tables giving wages of em- 
 ployees for both of these classes of corporations. The latest 
 published volume is that for the year ended June 30, 1912; 
 The data for the year ended June 30, 1913, has been in the 
 hands of the printer for some time and should be available for 
 distribution within a few months. These tables will give ex- 
 tended information on rates of wages paid electric railroad em- 
 ployees for all companies reporting to the Commission and if 
 you so desire copies can be sent you when this last volume is 
 received from the printer. 
 
 The information relative to wages of classified employees of 
 other public utilities, including telephone corporations, is not 
 tabulated. However, as your letter definitely referred to tele- 
 phone operators and employees of traction companies we have 
 compiled a statement giving the number of telephone switch- 
 board operators and their average daily compensation taken from 
 the payroll for December, 1913, of a number of the larger tele- 
 phone corporations operating in the principal cities of the State. 
 Likewise, with regard to traction employees, a statement has 
 been made from tabulated figures for the year ended June 30, 
 1913, covering average rate of compensation for a number of 
 
 [482] 
 
 the more important traction lines operating in the large cities 
 within the State and reporting to this Commission. Copies of 
 these statements are enclosed herewith. It should be stated that 
 only a portion of the number of telephone corporations reporting 
 to the Commission give reliable information regarding employees 
 and wages, the balance either reporting nothing or reporting 
 data in such shape that the average rate of any one class of em- 
 ployees can not be obtained. 
 
 For the Commission 
 
 FRAT^K H. MOTT 
 
 Secretary 
 
 telephone switchboard operators — average daily rate of 
 
 compensation based on payroll for DECEMBER, 1913 
 
 New York Telephone Company 
 
 Federal Telephone Company 
 
 Albany Home Telephone Company .... 
 American Telephone and Telegraph 
 
 Company 
 
 Black River Telephone Company 
 
 Glen Telephone Company 
 
 Granville Telephone Company 
 
 Rochester Telephone Company 
 
 Home Telephone Company of James- 
 town 
 
 Otsego and Delaware Telephone Com- 
 pany 
 
 Mountain Home Telephone Company . 
 
 Niagara County Telephone Company*. 
 
 Northwestern Telephone Company 
 
 Orange County Telephone Company . . 
 
 York State Telephone Company 
 
 ■■ 
 * June payn^. 
 
 Number 
 
 of 
 operators 
 
 9.456 
 
 412 
 7 
 
 1.163 
 
 48 
 78 
 
 32 
 122 
 
 30 
 
 45 
 113 
 
 38 
 22 
 19 
 
 58 
 
 Territory operated in 
 
 New York City and other locali- 
 ties over the State 
 
 Buffalo and western part of State 
 Albany and vicinity 
 
 Principally toll service 
 
 Lowville and vicinity 
 
 Gloversville and Johnstown and 
 
 vicinity 
 
 Granville 
 
 Rochester City 
 
 Jamestown 
 
 Oneonta and vicinity 
 
 Plattsburgh and northern New 
 
 York 
 
 Niagara Falls and Lockport 
 
 Carthage and Copenhagen, etc . . 
 Middletown, Bloomingburgh and 
 
 others 
 
 Elmira and Binghamton 
 
 Average 
 daily 
 
 compen- 
 sation 
 
 $1 58 
 
 84 
 1 09 
 
 1 47 
 99 
 
 1 29 
 
 95 
 
 1 30 
 
 79 
 
 1 00 
 
 1 04 
 
 1 02 
 
 81 
 
 94 
 82 
 
484 
 
 Appendix IV — Wage Investigation 
 
 Public Service Corporations 
 
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! 
 
 THE RELATION OF IRREGULAR EMPLOYMENT TO THE 
 
 LIVING WAGE FOR WOMEN 
 
 By IRENE OSGOOD ANDREWS 
 
 Assistant Secretaxy, American Association for Labor Legislation 
 
 [497] 
 
 
 J 
 
II 
 
 ?;ii"* 
 
 II 
 
 PREFACE 
 
 Two of the big distinct movements which have recently 
 emerged from the heterogeneous strivings for social justice of 
 the past five yeai-s in America are centered about the problems 
 of unemployment and the minimum wage. This report is an 
 attempt in a small way to bridge the gap between the two move- 
 ments and to show the relation of one to the other in so far as 
 they are concerned with women in industry. 
 
 In this investigation, as in many others, material of value was 
 at hand in voluminous printed reports. But the bits of in- 
 formation on the particular topic under consideration were 
 scattered and elusive. By bringing together in convenient form 
 the main existing facts and by analyzing them for purposes of 
 comparison, their true significance is brought out The analysis 
 of conditions has been confined mainly to irregular employment 
 over a yearly period; no comparisons for long periods of time 
 have been attempted in this report. 
 
 The three main sources from which the greater part of the 
 material for this report has been ferreted out are the searching 
 investigations made during the past few years by the United 
 States Bureau of Labor, the Massachusetts Minimum Wage 
 Commission, and the Factory Investigating Commission of New 
 York State. For the painstaking examination of these and 
 numerous scattering articles and reports cordial acknowledg- 
 ment is here made to Miss Margarett Hobbs who has assisted at 
 
 every step in the preparation of this report. 
 
 I. 0. A. 
 
 [4»9] 
 
'p 
 
 ■ r 
 
 i 
 
 ^ 
 
 CONTENTS 
 
 PAGE 
 
 I. Introductory Summary 505 
 
 1. Statement of the Problem 505 
 
 The relation between the living wage and regularity of work 505 
 
 2. The Economic Helplessness of Women 507 
 
 Employment in seasonal trades 507 
 
 Low wages 507 
 
 Lack of organization 507 
 
 Immobility 507 
 
 3. Kinds of 'irregular Work 509 
 
 Loss of work due to reduction in numbers employed 509 
 
 Short-time work (by day or week) 509 
 
 Reduction in rate of pay 509 
 
 4. Operation of Present Method of Wage Payment 510 
 
 Payment " by the minute " 510 
 
 Effects of this policy 510 
 
 5. Annual Incomes 511 
 
 Wage losses 511 
 
 Comparison of differences between numbers employed and wages 
 
 paid 512 
 
 Per cent of possible earnings received 513 
 
 Individual losses 514 
 
 Overtime does not make up losses due to undertime 514 
 
 6. Dovetailing 515 
 
 Coincidence of slack seasons in many industries 516 
 
 Overlapping of busy seasons 516 
 
 Differences in kind of skill required 519 
 
 7. The Labor Force 519 
 
 Classes of workers 520 
 
 The so-called steady wwkers 520 
 
 Workers temporarily employed 521 
 
 Seasonal employment 521 
 
 Shifting 522 
 
 The surplus pool of labor and irregular employment 523 
 
 Advantages of elimination of surplus pool 523 
 
 Industrial training 524 
 
 Provision for seasonal work 524 
 
 Summary and conclusion 525 
 
 II. Statistical Analysis of Industries Employing Large Numbers of Women in 
 
 which Employment is Irregular 527 
 
 Paper Boxes 527 
 
 Introduction 527 
 
 General statistics 527 
 
 Seasonal variations 528 
 
 Statistics of irregular employment 531 
 
 [601] 
 
502 
 
 Appendix IV — Wage Investigation 
 
 
 h 
 
 *l 
 
 S*^*i^8- •. '533 
 
 Variation in earnings 535 
 
 Overtime earnings cjo 
 
 Sununary 5i5 
 
 Confectionery kja 
 
 Introduction raq 
 
 General statistics ejg 
 
 Seasonal variations ka-t 
 
 Statistics of irregular employment 543 
 
 S^^^^'^K ^ ..... ...... ^'.'.'.'.'. 553 
 
 Variation in earnings 55^ 
 
 Overtime earnings ggj^ 
 
 Summary nao 
 
 ^^*^**»i^«- • •; '"'" ^ '*"''! '^ *!'''!!'''" 570 
 
 Introduction — Unemployment of union members 570 
 
 Men's clothing ^^I 
 
 General statistics ^^j 
 
 Seasonal variations 570 
 
 Statistics of irregular employment 574 
 
 Shifting gjy 
 
 Variation in earnings gyg 
 
 Women's clothing r,-q 
 
 General statistics rjjg 
 
 Seasonal variations 579 
 
 Statistics of irregular employment * 530 
 
 Summary cg.> 
 
 Shirt-making coc 
 
 General statistics 50c 
 
 Statistics of irregular employment 535 
 
 The minor needle trades ijqq 
 
 Introduction rgn 
 
 Men's furnishings 590 
 
 Vest-making koq 
 
 Dress-making i^gj 
 
 Millinery (jg2 
 
 Artificial flower-making rgg 
 
 Straw-sewing anj 
 
 French edge-work ^j 
 
 Fur and felt hats 59- 
 
 Summary ^9^ 
 
 Book-binding rgg 
 
 General statistics 599 
 
 Seasonal variations 599 
 
 Statistics of irregular employment qqq 
 
 Variation in earnings gQo 
 
 Summary gni 
 
 Salesgirls gQ- 
 
 General statistics gnc 
 
 Seasonal variations gQg 
 
 Statistics of irregular employment qq^ 
 
 Contents 
 
 503 
 
 PAflB 
 
 Shifting 609 
 
 Special problems 612 
 
 Alteration hands — " Specials " — Pay for overtime 612 
 
 Summary 613 
 
 Laundries 614 
 
 General statistics 614 
 
 Seasonal variations 614 
 
 Statistics of irregular employment 615 
 
 Shifting 615 
 
 Variation in earnings 618 
 
 Summary 621 
 
 Canning and preserving 622 
 
 Miscellaneous industries 624 
 
 Introduction 624 
 
 Awnings 624 
 
 Buttons 625 
 
 Brushes 626 
 
 Dyeing and cleaning 627 
 
 Glass 627 
 
 Paint 628 
 
 Paper bags 628 
 
 Tanneries 628 
 
 Tin cans 629 
 
 Tobacco 629 
 
 III. Analysis of Minimum Wage Awards Issued to January 1, 1915 630 
 
 IV. Proposed Measure to Insure a Steady Income 633 
 
' ,*< 
 
 u 
 
 i 
 
 ! 
 
 
 THE RELATION OF IRREGULAR EMPLOYMENT 
 TO THE LIVING WAGE FOR WOMEN 
 
 L INTRODUCTORY SUMMARY 
 
 Statement of the Problem 
 In the discussion of the legal minimum wage for women, pro- 
 vided for by nine states in 1912 and 1913, practically all of the 
 emphasis thus far has been placed upon only one of the two 
 essential factors, namely the rate of pay. Almost no attention 
 has been given to the other equally important factor, namely 
 the regularity of employ merd. Both factors must be taken into 
 consideration if the working woman is to receive a " living 
 
 wage." 
 
 All minimum wage rates so far established in this country 
 have been weekly rates based upon the necessary cost of living 
 per week. Such wage awards therefore really set rates per hour. 
 In eflFect they say, " You may have a living wage for each hour 
 you work, but if you have no work you must get along the best 
 vou can." For the awards make no allowance for short time em- 
 plo;yTnent To establish rates which will take unemployment 
 into account is admittedly a difficult problem. But in at least 
 one country this need has been recognized and effectively dealt 
 
 with. 
 
 Mr. Justice Higgins of the Australian Commonwealth Arbi- 
 tration Court recently had before him a case involving a mini- 
 mum wage for dock and wharf laborers. He refused to con- 
 sider the loosely made statements concerning weekly wages and 
 took as his basis for discussion annual earnings. The Justice 
 said " The vital facts of the position are that the work is casual 
 and uncertain, that jobs are short and that the necessities of the 
 man and his dependents are certain, continuous and incessant 
 There is nearly every day a surplus of men seeking employment 
 at most wharves. * * * It is lamentable that so many lusty 
 men, in the prime of life, should have to stand about idle wait- 
 
 [505] 
 
506 
 
 Appendix IV — Wage Invebtioation 
 
 't 
 
 fl 
 
 ing for jobs. The frequent bouts of idleness must often lead to 
 bad habits, and to loss of muscular condition. There is a 
 tremendous waste of potential human energy involved. The 
 men serve the public by waiting for ships, and they are entitled 
 at least to food, clothes, and shelter for themselves and depend- 
 ents during the whole time of this service. If people expect 
 cabmen to be ready for a call on the stand, they must pay an 
 extra rate to cover the time lost in waiting. It would be absurd 
 to say, as has been urged here, that the obligation of the master 
 ceases with the actual physical exertion, for ' they also serve who 
 only stand and wait.' " 
 
 The justice found that the men got about 30 hours of work 
 per week taking slack and busy seasons together. The mini- 
 mum cost of living was found to be 51s. a week; at Is. 9d. an 
 hour for 30 hours a man would receive 52s. 6d. per week. The 
 rate therefore of Is. 9d. per hour was fixed upon with time and 
 a half for overtime. This reward is provisional and can be re- 
 vised as soon as the employers '^ set their house in order " and 
 devise some means whereby more steady work will be provided. 
 The need of correlating a wage award with the number of 
 hours during which work can reasonably be expected has been 
 rec^oirnized by a few English writers, also. Afrs. Ilubback writ- 
 ing in the New Statesman for February 21, 1914 (Supplement 
 p. Ill) says " rates, whether time or piece, mean nothing till we 
 know the average received during the year.'' In the same jour- 
 nal for June 6, 1914 (p. 264) it is stated that if the employers 
 refuse to change their system of employment^ they " must be 
 compelled, by the extension of the Trade Boards Act or by some 
 other administrative machinery to pay a rate of wages which 
 will assure to all * * * whose services are required at one 
 time or another a rate of wages indubitably sufficient to provide 
 a tolerable living wage." Again and again when legislation has 
 been proposed which would interfere with the " individual free- 
 dom " of the employer the cry has been raised that if we inter- 
 fere with industry we are injuring the workman since he is de- 
 pendent on the industry for his livelihood. In brief " we will 
 take care of our workmen." But what becomes of the employers 
 
 ' See also, p. 524. 
 
 Relation of Employment to Wage foe Women 507 
 
 responsibility for his employees when orders for his wares are 
 irregular or times are bad? It appears that some employers at 
 least feel responsible only when it is convenient or profitable for 
 them, for at other times we read " factory closed indefinitely," 
 or " mills now running half time " or ^^ 10,000 workers laid off." 
 
 The importance of regular work has also been recognized in 
 America. The Massachusetts Commission of 1911 said " Regu- 
 larity of employment is as vital to the worker as a living wage. 
 It presents another problem but yet one inextricably bound up 
 with the question of what wages are necessary to maintain the 
 employees of any given industry."* The Massachusetts Wage 
 Board for the brush industry also saw the need of something 
 more than an hour rate. " Any minimum wage finding which 
 stops with merely naming a minimum hourly rate merely looks 
 well on paper, but accomplishes no actual result beyond a some- 
 what pale moral effect."* 
 
 It must be obvious, therefore, to all thoughtful students of the 
 problem that if we seriously desire to secure for working women 
 a living wage we must either (1) grant them a wage rate suf- 
 ficiently high to cover periods of unavoidable unemployment or 
 (2) devise some method whereby fairly steady employment will 
 l>e supplied. Some system of unemployment insurance might 
 also well be considered in this connection. The problem is a 
 difficult one and invites the serious attention of those interested 
 in the welfare of working women. 
 
 The Economic Helplessness of Women 
 
 The position of women in respect to the problem of unemploy- 
 ment is one of peculiar helplessness. The entire industrial situa- 
 tion for them is beclouded by the tradition of their economic de- 
 pendence. The right to a just and full compensation for one's 
 labor regardless of questions of dependency is not yet universally 
 accepted. Perhaps unconsciously the employer is influenced by 
 this belief that women do not seriously desire permanent employ- 
 ment He therefore frequently maintains toward female em- 
 ployees an attitude of irresponsibility. This belief is aggravated 
 
 1 Report of the MassachiisettB Commission on Minimum Wage Boards, 1912, 
 p. 162. 
 « Massachusetts Minimum Wage Commission, Bulletin No. 3, p. 28. 
 
508 
 
 Appendix IV — Wage Investigation 
 
 r • I 
 it 
 
 hy the fact that many working girls themselves look forward to 
 marriage and withdrawal from industry within a few vears and 
 therefore do not have a strong incentive to strive for steady perma- 
 nent work. J y^ "I* 
 
 Irresponsibility on the part of both the employer and the em- 
 p oyee is accentuated by the present unregulated system of em- 
 ployment found in most industrial establishments, and also by the 
 very nature of women's work. In the first place it is very largely 
 m seasonal trades, and in most of these we find a constant flux of 
 workers, employed here or there for a few days or weeks and then 
 passing on to the next job. In the confectionery and the paper 
 box industries in New York City in 1913, for instance, the State 
 J^actory Investigating Commission says in its report, that three 
 times as many people as the firms ordinarily employ at any one 
 time, entered and left the industry during the year. This gieat 
 shifting army is in no position to care for iteelf during periods 
 of idleness by saving money, for wages in this unskilled group 
 are notoriously low, and indeed there is ample evidence that but 
 few working women receive wages sufficiently high to justify 
 saving. Moreover, very few women belong to trade unions or 
 benefit organizations of any sort. But even among the more hicrhly 
 skilled organized women the percentage of unemployment is very 
 great, running in New York as high as 12 per cent, at the end of 
 March, 1912, and fi per cent, at the end of September, 1912. 
 
 Women workers, too, as a class are especially immobile. The 
 majority of women workers are young and many of them live 
 with their families. Numbers of the older women are struggling 
 to support their children or to help in maintaining the family life. 
 In any case, it is very difficult for them to move from town to 
 town to secure work, and in the case of the younger giris, at least, 
 it is obviously highly undesirable for them to leave the shelter 
 and protection of their families. These peculiar disadvantages 
 besetting the woman in industry make the problem of regular 
 employment and a living wage an unusually serious and difficult 
 one. Any solution must necessarily be preceded by a careful 
 analysis and understanding of the real elements which go to make 
 up this problem of assuring a real living wage to the woman 
 worker who is not only poorly paid but is also irregularly em- 
 ployed. 
 
 Relation of Employment to Wage foe Women 509 
 
 Kinds of Ieeegulae Wobk 
 
 The problem of unemployment is so complex that one's im- 
 pressions become almost kaleidoscopic. If the point of view is 
 turned ever so little, behold, one has an entirely new picture to 
 study and analyze. It is not the purpose of this report, however, 
 to add new material on the extent of unemployment, but rather 
 to analyze and present in more detail that special picture which 
 shows the effect of irregular employment upon the income of 
 women workers. 
 
 Irregular work is of several varieties. Most obvious is that 
 complete loss of work occurring when an employee is dropped 
 entirely from the pay-roll of an establishment Such unemploy- 
 ment means the stopping of all income and the discouraging — 
 often heartbreaking — task of searching for a new job. At other 
 times the employees are only temporarily "laid off." One de- 
 partment may be closed for a short time, or perhaps the entire 
 establishment shuts down for a few days or weeks. Such periods 
 of irregular work often extending over several months, are usu- 
 ally accompanied by a great deal of "short time" work — that 
 is, employees may be retained on the pay-roll but have work for 
 only a few hours a day with two or three days a week entirely 
 unemployed. Thus a worker who averages $7 or $8 a week may 
 earn during these months only $4 or $3 or even $2 a week. Not 
 only does this wage loss occur with piece workers but it affects 
 with almost equal force, time workers. It is this " short time " 
 work which plays havoc with the annual income of the steady 
 worker and which is seldom, if ever, balanced by the short period 
 of overtime work and increased earnings. For example, Katia, 
 a skilled garment operative, had no work at all for two months and 
 a half during the year. But out of the remaining nine months and 
 a half she had only three months of full-time work. During the 
 other six and a half months she never worked more than five days 
 a week and sometimes as little as two days. 
 
 Again, firms sometimes make a practice of retaining as many 
 of their workers as possible during the dull season but reducing 
 the rate of pay in place of " laying off " the employees. Both 
 short time and a lower rate of pay reduced earnings in the case 
 of a rose-mater in an artificial flower establishment, cited by Miss 
 Van Kleeck. This girl " who earned $9 a week in the busy season 
 
 I 
 
610 
 
 :ri 
 
 .M 
 
 "! I 
 
 !^^ 
 
 Appendix IV — Wage Investigat 
 
 ION 
 
 was employed through the dull summer months, but she worked 
 only three days a week with half pay, except for an occasional 
 week when more orders were received. Even then she was paid 
 12 less than in the winter for a full week's work, a premium to 
 
 tne nrm for not ' laying her oif/ " ^ 
 
 It i8 apparent that the woman industrial worker loses for prao- 
 ticaly every moment when she is not employed, even though\he 
 IS Idle through no fault of her own. This unique method of wage 
 payment for the factory girl is quite in contrast with methodslf 
 wage payment among other classes of workers. Salaried workers 
 for instance, such as stenographers, clerks, agents, social workers^ 
 teachers, are paid a certain amount for a given period of timj 
 usually a year or sometimes a number of months, during which 
 Ume there may be many idle hours without affecting the income 
 Even salesgirls, paid by the week, often have periods of idleness' 
 during a day for which they do not lose in wages. Still anothw 
 varied group of workers, practically paid by the piece, includes 
 public chauffeurs, cab drivers, waiters, most lawyers and phv- 
 sicians. Such workers are employed and paid for a specific job. 
 But fortunately for them their prices are adjusted, not only to the 
 degree of skill involved, but also to the fact that employment is 
 not continuous. We often rebel at the high fee of the cab driver 
 or the doctor, and fail to realize that in addition to skill we arc* 
 paying for the unemployed time of the man or woman. I„ con- 
 trast with these classes of workers the factory giri is paid prac- 
 tically for only the minutes when she is working. Even in laun- 
 dries where work is fairly steady, time clocks are being installed 
 the workers sent off if they finish a few minutes early and corre^ 
 spondmg deductions from their wages made.* 
 
 So serious is the need of a steady income 'that even many of 
 those who have received industrial training in certain lin^ of 
 employment have been compeUed to give up their chosen work 
 for something that offered a more steady income. Miss Oden- 
 crantz wntmg in the Survey for May 1, 1909, (p. 202) states 
 that one-quarter of 420 girls who had graduated from a trade 
 ^^^ ^"^ ^^^^ ^« ^^^^ for which they were trained because 
 
 1 "Artificial Flower Makers," Mary Van Kleeck, p 43 
 ^ «^^port of the MasaachusetU Commission on Minimum Wage Boards, 1912, 
 
 EsLATioN OF Employment to Wage foe Women 511 
 
 their employment was too irregular, and turned to others whose 
 only common element was that of greater steadiness of employ- 
 ment For instance, Elizabeth and her sister Emily made chil- 
 dren's dresses for several years. In busy times they could earn 
 from $6 to $9 a week, but when the slack season came they made 
 only $3 or $4 and wasted much time waiting for work. They 
 were usually laid off after Christmas for about three weeks and 
 for several months in the summer. Since the mother was a widow 
 and it was necessary for the girls to keep up the home, both finally 
 turned to telephone operating, where each has steady work at 
 $7 a week. Elizabeth said: "Dressmaking is a nice trade, and 
 may be all right for other girls, but I have to support myself and 
 make more than pin money. I can't afford to stay home three or 
 four months every year." 
 
 In brief, then, we demand that the factory girl be on hand 
 the moment she is " wanted," but the time she wastes waiting to 
 be " wanted " is usually not cared for in any way nor are any 
 steps taken as a rule to reduce this waiting period to a minimum. 
 This unjust and unsocial policy tells its story in the anaemic and 
 under-nourished girl, the tubercular girl, the criminal girl and at 
 times in the girl " gone wrong." 
 
 Annual Incomes 
 
 This study of the actual incomes of working women brings out 
 clearly the indisputable fact that " rate of pay " is but little in- 
 dication of income. And this applies not alone to those younger 
 "irregular" workers as yet unskilled and undisciplined who 
 suffer from lack of work and low earnings, but it is foimd that 
 for trained and experienced workers also, the actual income falls 
 from 10 per cent to 20 per cent, below the possible income based 
 on "rate of pay." It is practically impossible for the usual 
 official statistics of "days in operation yearly" or "average 
 number employed by months " to reveal this situation, but it is 
 clearly seen in the more intensive investigations, particularly when 
 the total numbers employed each month are compared with the 
 total amounts paid out in wages each month. The totals for each 
 week bring out the contrast even more clearly. In the paper box 
 industry in New York City, during the year beginning Novem- 
 ber, 1912, the difference between the largest and smallest num- 
 
 i\' 
 
512 
 
 Appendix IV — Wage Investigation 
 
 bers employed each month was only 8 per cent., but this rose to 
 12 per cent, when weekly totals were compared. In contrast with 
 this is the difference between the largest and smallest amounts 
 paid out in wages. The difference in monthly wage totals was 15 
 per cent, but this rose to 30 per cent, when weekly totals were 
 compared. While, therefore, the numbers employed varied only 
 12 per cent, from the busiest to the slackest week, the weekly 
 wage totals varied 30 per cent, indicating that while manv em- 
 ployees were kept on the pay-roll their wages, through short-time 
 work, were being reduced very much below normal. In the mak- 
 ing of women's clothing in New York City the difference in the 
 average numbers employed in 1912 by months was 46 per cent, 
 while the monthly wage variations rose to 60 per cent. In the 
 confectionery industry in New York, during the year beginning 
 September, 1912, the greatest weekly variation in numbers was 
 25 per cent, whereas the corresponding variation in wages was 
 35 per cent. 
 
 Comparisons between actual and possible earnings, based on 
 average weekly earnings and rate of pay, reinforce these facts. 
 In the paper box industry in New York City, 94 per cent, of a 
 selected group of 246 women working under conditions above the 
 average earned less than their scheduled rate of pay. Out of this 
 94 per cent, 62.1 per cent, fell more than 10 per cent below their 
 possible earnings for the period worked, and 41 per cent, fell more 
 than 15 per cent below. In the confectionery industry in a sim- 
 ilarly selected group of 1,063 workers, 89.7 per cent earned less 
 than their scheduled rate of pay. Out of this 89.7 per cent., 63.4 
 per cent, fell more than 10 per cent below their possible earnings 
 for the period worked, and 44.6 per cent fell more than 15 per 
 cent below. The average loss in actual earnings compared with 
 rates for both groups was approximately 15 per cent 
 
 An investigation by the Connecticut Commission on the Condi- 
 tions of Wage-Earning Women and Minors* showed that for 942 
 females in the cotton industry the computed full time earnings 
 were $9.17 while the average actual weekly earnings were only 
 $8.05, a loss of 13.9 per cent; in the silk industry for 1,175 fe- 
 males the corre sponding figures were $7.40 and $6.26, a loss of 
 11 Report of Feb. 4, 1913, pp. 67, 91. 153, 171, 200. 
 
 Relation of Employment to Wage for Women 513 
 
 18.2 per cent ; in brass factories for 662 females, the figures were 
 $7.87 and $6.89, a loss of 14.3 per cent. ; in the hardware indus- 
 try for 701 females the figures were $6.79 and $5.95, a loss of 
 
 14.1 per cent. ; in the metal trades for 2,541 females the figures 
 were $7.41 and $6.50, a loss of 13.9 per cent These results are 
 taken from 50 factories in 14 localities, and the average actual 
 weekly hours worked were 51 for all the industries except silk 
 where the average hours were 50 per week, full time for most of 
 these establishments being the legal 58 hours per week. 
 
 For the year 1913 the Wisconsin State Federation of Labor 
 reported that among organized women workers, where one would 
 expect to find relatively good conditions, the possible annual earn- 
 ings averaged $483, while actual earnings fell to $429, a loss ot 
 
 11.2 per cent For all union garment workers including many 
 women, the average loss was 15.7 per cent. Losses among un- 
 organized workers would unquestionably be higher. 
 
 In her study on ** The Living Wage for Women Workers,'- 
 Miss Bosworth found that the factory workers she studied had an 
 average yearly income of " nominally " $406.99. But they lost 
 an average of nearly 13 per cent from " slack work and no 
 work," or $52.38, reducing their average annual income in this 
 way to $354.61. Miss Bosworth therefore concluded that " the 
 nominal rate is from 4 per cent to 14 per cent, above the actual 
 earnings." However, this is an average for all trades; for those 
 where considerable irregularity exists investigations show that at 
 least 15 per cent should be added to any wage rate in order to 
 cover losses from short-time work. The alternative to this would 
 be, of course, to make employment more regular and to consider 
 some form of unemployment insurance. 
 
 From the point of view of material values in dollars and cents, 
 perhaps, the usual official wage statistics of " averages " may be 
 of value. But for the human being who must have clothing, 
 shelter and a certain amount of food, if not the pr'bverbial three 
 square meals each day, the average wage or average loss of any 
 group of workers has but little more meaning than " rate of pay." 
 While group averages show wage losses of about 15 per cent., yet 
 when the wages of individual girls are taken out of the statistical 
 
 Vol. it — 17 
 
514 
 
 Appendix IV — Wage Investigation 
 
 mass, we frequently find variations for the time they are on the 
 payroll, of 75 per cent, between the largest and smallest amounts 
 received each week, with losses from possible earnings running as 
 high as 35 per cent Take the story of Tina, for instance. Tina 
 was a machine operator in a clothing factory. During the busy 
 seasons, her weekly wage averaged $7 or $8 a week. But in order 
 to come up to this level she had to work overtime till 8 o'clock in 
 the evening for two or three nights a week during the height of the 
 season. And work was so dull in the other half of the year, that 
 her average weekly wage then fell to $3 or $3.50 a week and her 
 total income for the year was only about $262.* She lost during 
 the year about a third of her full-time wage. Well may such a 
 girl ask, " What do I care if I average $0.12 a week for the year. 
 If I have to live for seven or eight weeks in January, February 
 or March on $4 or $3, or even $2 a week, with now and then 
 nothing at all, how is it going to help me if I earn $8 or $10 for 
 four or five weeks next November or December ? " From the point 
 of view of a living wage for the individual a certain steady income 
 must be assured each week. With wages for the great majority 
 too low to permit a margin for saving it otherwise becomes im- 
 possible for a worker to plan wisely or to maintain her standard 
 of self respect or efficiency. 
 
 Overtime 
 
 The facts invariably discovered in every industry make it 
 impossible for anyone to say " Well, after all they make as much 
 by overtime work in the rush season as they lose in dull times." 
 In the first place, the amount of overtime is far less in actual 
 hours than the amount of slack time; and what overtime there 
 is, is not worked by the entire force. For example, only a third 
 of the women employed in decorating glass worked any overtime 
 at all, according to the federal investigation of 1907-8. The 
 overtime worked by this minority of the employees occurred an 
 average of thirteen times and was most often of two to four 
 hours duration. Some forty hours of overtime yearly worked 
 by a third of the women cannot bring in a return which will 
 
 » "Making Both Ends Meet," Sue Ainslee Clark and Edith Wyatt, p. 121. 
 
 Relation of Employment to Waoe for Women 515 
 
 make up for the entire closing of many glass factories during 
 the two summer months — a sixth of the year. Then often 
 there is no extra payment for the overtime of time workers. 
 Salesgirls, for example, seldom get anything extra except " sup- 
 per money." Three-fifths of the Washington, D. C, factory 
 girls, a government investigation in 1911 showed, were not paid 
 for their after-hours work. Again the output of piece workers 
 is very likely to fall off relatively, because they grow so tired 
 during the long hours, that their gains are much less propor- 
 tionally than their length of time at work would indicate. 
 
 An instance of this last fact is a computation of the hourly 
 wages of three piece-workers in a Milwaukee tannery^. The 
 women were paid bi-monthly, and their regular working hours 
 during each fortnight were 120. One earned 18 cents an hour 
 working full time, while working over time her hourly earnings 
 fell as low as 12 cents. The hourly earnings of the second were 
 reduced from 20 cents as low as 8 cents when she worked over- 
 time and the third suffered a reduction of hourly earnings from 
 1514 cents to about 10y2 cents under the same conditions.^ 
 
 In the Boston study of factory girls' budgets, previously re- 
 ferred to,^ it was found that they lost nearly 13 per cent on ac- 
 count of industrial conditions. They gained less than 1 per cent 
 from overtime, only $3.76, while they lost an average of $52.38, 
 yearly. But the serious evils of overtime work are too well 
 known to justify any fair minded person in countenancing long 
 hours as a possible means of making up wage losses due to under- 
 employment 
 
 Dovetailing 
 Just how extensive is the opportunity for a woman thrown 
 out of work in one trade to find employment quickly in another 
 is a matter on which there is but little reliable information. As 
 an index of conditions, however, a comparison has been made, of 
 the numbers employed by months in New York City and "up- 
 state '' for the various industries for which such information was 
 
 1" Women Workers in Milwaukee Tanneries," Irene Osgood, in Report of 
 Wisconsin Bureau of Labor Statistics, 1907-8, Part VII, p. 1058. 
 
 « " The Living Wage for Women Workers," M. Louise Bosworth, pp. 3-340. 
 
516 
 
 Appendix IV — Wage Investioatiot^ 
 
 available. (See Charts I and II.) Generally speaking, it may 
 be seen that the busy seasons either coincide or overlap suffi- 
 ciently to make anything like complete dovetailing an utter impos- 
 sibility. In almost all of them there are two busy seasons com- 
 ing in the spring and fall and two dull seasons, one after Christ- 
 mas and the other in the summer. There are differences in the 
 degree to which the numbers fluctuate, but variations follow the 
 same general course except in the manufacture of shirts in New 
 York City. There the fall busy season occurs as in other tradee, 
 but spring is the dullest time and the simimer is active. But 
 since the busiest season in shirt making comes in the late fall 
 along with that of all the other industries, it would be impossible 
 for unemployed operatives of other trades to turn to shirt-making 
 during their slack summer period without displacing regular em- 
 ployees whose services would be needed later on, when the fonner 
 had returned to their usual work. 
 
 An example of the difficulties of overlapping of the seasons in 
 various industries, was brought out through efforts made in Bos- 
 ton a few years ago to find work for milliners during the summer 
 dull season. Places were found for them doing film developing, 
 in which the largest number of workers are needed during the 
 summer. But, in order to get positions, the girls had to agree 
 to remain till October 1st, whereas they were needed in millinery 
 by the first of September. A similar effort was made to dovetail 
 their work with that of rebinding old books, which is another 
 summer occupation, but here again the season overlaps about a 
 month with that of millinery. 
 
 Any successful system of dovetailing employments, moreover, 
 would at best benefit only those workers who lose their places 
 entirely, and would be of no help when short hours were worked 
 or a few days lost at irregular intervals, as happens so frequently. 
 The only valid conclusion on the question seems to be that drawn 
 by the Massachusetts Commission on Minimum Wage Boards, 
 in 1911,* which said, after careful investigation, "No worker 
 can count on casual work or a supplementary job to fill in the 
 time lost by industrial causes." 
 
 1 Report of the Massachusetts C^oniniissiun on Miiiinium Wage Boards, 1912, 
 p. 162. 
 
 Relation of Employment to Wage for Women 517 
 
 CHART I 
 
 NEW YORK CITY 
 
 AVERAGE NUMBER EMPLOYED BY MONTHS 
 
 (MAXIMUM - 100X1 
 
 loox; 
 
 •OX 
 
 •OX- 
 
 40X 
 
 lOOX 
 
 •ox 
 
 •ox 
 
 40«, 
 tOOK 
 
 •ox 
 
 •ox 
 
 40K 
 1009C 
 
 •OX- 
 
 •OX- 
 
 40X 
 
 toox* 
 
 HI 
 
 •ox 
 
 •0» 
 
 40X 
 
 CON FCCT 
 MALE 
 ISCPI 1912! 
 
 AN) 
 
 ONCIIY 
 FCHALE 
 
 -SCPilltUi 
 
 wkwm loxis 
 
 MALE AND FCIIALC 
 
 NO>e 
 
 II912HN0V. 
 
 '^V 
 
 V. 
 
 OlftSANDlMST 
 
 malIe and 
 
 SlCLCdTCD 
 
 SHort 
 
 FCIIALC 
 
 LI H CRT i^ 
 lALC Ifll ^ 
 
 ImanHattan qNLY) 
 
 FCMALC 
 
 MN. I FCI. BmAMh 
 
 •♦-7 
 
 AraiL 
 
 1913 
 
 SNIRT 
 NALjC AND FCMALI 
 
 DCdl912fDec|l913 
 
 -pxr 
 
 JUNC 
 
 TDIT 
 
 HFf 
 
 ■5CT: 
 
 TOvT 
 
 occ. 
 
 100% 
 
 •ox 
 
 •ox 
 
 40X 
 100X 
 
 BOX 
 
 •OX 
 
 40X 
 100X' 
 
 •ox 
 
 60X 
 
 40X 
 
 100X 
 
 •ox 
 
 •ox 
 
 40X 
 
 100% 
 
 •ox 
 
 •ox 
 
 40X 
 
 ^J'-^ILLLS. 
 
 s a e 
 
518 
 
 Appendix IV — Wage Investigation 
 
 CHART II 
 NEW YORK, UPSTATE 
 AVERAGE NUMBER EMPLOYED BY MONTHS 
 
 MAXIMUM - 1O080. 
 
 1009K 
 
 tooS 
 
 Relation of EMPLOYME^'T to Wage for Women 519 
 
 In addition to this " time " difficulty a worker has also to 
 consider the kind of work to be dona If she has acquired any 
 skill or experience in a particular line she may not be able to 
 turn indiscriminately to an entirely different kind of work. 
 Such a change of occupation may mean loss of skill — for skill 
 to-day is usually experience and speed in one particular motion 
 or set of motions and tends to disappear if interrupted. Among 
 the many other evils besetting the girl trying to piece out a year's 
 work will be found a lowering of the wage standard, breaking 
 down of habits of regularity thus tending to inefficiency, and a 
 lowering of self confidence resulting in a loss of economic bar- 
 gaining power. It is during these periods of searching for work 
 that temptation to immorality becomes strong. A vivid picture 
 of the human meaning of job-hunting was given in a Chicago 
 paper during the summer of 1913: " For the last ten days I have 
 been going to the loop every day to look for work. I am there 
 at eight o'clock in the morning. I look for work until eleven. 
 From eleven to twelve is the lunch period in most big establish- 
 ments and it is useless to try to see anybody at that time. My 
 lunch in a cafeteria gives me a rest of fifteen or twenty minutes. 
 Then I am back again on the sidewalk. The chase from build- 
 ing to building during the morning and the constant dodging of 
 automobiles tire me. Is there a place where I can go to rest?" 
 Another girl summed up the situation as follows : " Yes, I get 
 the papers right away in the morning, but when you come to the 
 place there are always so many others waiting, and then it is too 
 late to go to any other place. Sometimes the man takes your 
 name and says he will let you know in a couple of days. You 
 wait, but you don't hear a word from him. Half the time he 
 doesn't want anybody. I just hate to look for work. You 
 always feel kind of upset like, and don't feel like doing anything 
 at home."* 
 
 The Labor Force. 
 
 To those familiar with industrial conditions it has become a 
 commonplace to see large groups of workers, particularly women 
 and children, suddenly " laid off " at certain periods of the year. 
 
 1 Survey, May 1, 1909, p. 210. 
 
520 
 
 Appendix IV — Wage Investigation 
 
 The Christmas "lay off" in department stores and the con- 
 fectionery industry, the summer " dull seasons " in the garment 
 trades, and the dismissal of milliners after the " season " is over 
 present a familiar spectacle. This condition has been illustrated 
 by facts, figures, charts, curves, diagrams and tables — all of 
 which have commanded respectful attention. But the real 
 problem is, who is at fault? How many are thus affected? How 
 seriously do they suffer ? What shall be done about them ? 
 
 In the analysis of the situation as to the irregular employment 
 of women there appear three main classes of workers fairly well 
 defined. 
 
 1. The smaller group of those permanently employed, forming 
 the backbone of the labor force. 
 
 2. Those who are employed for the entire busy season, but are 
 laid off at its close. 
 
 3. Those who drift in and out of the industry working only a 
 few days or weeks at a time in one place. 
 
 In most industrial establishments there exists that smaller 
 class of employees (group 1 ) consisting of the more skilled and 
 permanent workers, permanent in the sense that they remain on 
 the payroll for at least a year. They are the older more respon- 
 sible workers who are more frequently entirely dependent upon 
 their earnings, often with relatives or families dependent upon 
 them, and are more likely to be employed at the higher rates of 
 wages. Nominally this class of employees is referred to as 
 " steady " workers but from the point of view of earnings we 
 have seen that even these workers suffer large wage losses due to 
 slack work in the dull season. 
 
 The second group of workers consists of those who for various 
 reasons are dropped from the payroll from the time the dull sea- 
 son begins until the arrival of the busy season. In some lines of 
 work such as confectionery and department stores a very large 
 " lay off " occurs immediately after Christmas. In other kinds 
 of work, as in paper boxes, the " lay off " is more gradual. There 
 are undoubtedly a few employees, some of them perhaps married, 
 who plan to go into the industry only during the busy season in 
 order to supplement the family income, perhaps for personal 
 
 Relation of Employment to Wage for Women 521 
 
 reasons or more likely to tide the family over a financial depres- 
 sion due to sickness or unemployment of the male breadwinner. 
 But the larger group consists of responsible, steady women, many 
 of them entirely dependent on their own resources, others with 
 families depending upon them. These are the workers who 
 suffer most by enforced periods of unemployment. 
 
 On the other hand there are undoubtedly in this class, also, 
 large numbers of girls to whom a " lay off " is not a serious 
 problem — girls who are partly or entirely supported by parents 
 or relatives and who have not yet felt the necessity of steady 
 permanent work. This class of workers merges into the last 
 group (3) and the two together form one of the most serious 
 obstacles to the responsible worker seeking to earn a living wage. 
 
 This third group of workers consists of those who are con- 
 stantly shifting in and out of the industry staying only a few 
 days or weeks in one place. The existence of this last group is 
 made clear by a study of almost any payroll; for it is almost 
 universally true that, during the course of a year, for one posi- 
 tion, a succession of persons are hired and discharged, or leave 
 for some reason. The State Factory Commission's investiga- 
 tion in New York CUty showed that in the confectionery indus- 
 try 45 per cent., and in the paper-box industry, 40 per cent, 
 stayed four weeks or less in the same factory. Miss Van Kleeck 
 showed that in millinery 52 per cent, stayed only eight weeks or 
 less. In the manufacture of men^s clothing, a more steady trade, 
 an investigation of conditions in the five leading cities in the 
 trade, 1907-8, showed that 28 per cent, of the women worked less 
 than five weeks in the same place. Among salesgirls the condi- 
 tions are similar. In a large Boston store 20.8 per cent, remained 
 less than five weeks, while a Washington, D. C, investigation 
 showed that 25 per cent, remained three months or less. 
 
 The following table giving the experience of the seven largest 
 department stores in New York city for 1913 shows a like enor- 
 mous flux of employees constantly passing through their doors. 
 With a single exception, the number of changes is greater than 
 the average number employed. 
 
522 
 
 11 
 
 Appendix IV — Wage Investigation 
 
 TABLE 1 
 RETAIL STORES. NEW YORK CITY, 19x3 
 NcMBEB or Employees in the Seven Labobm' EvrABUSBMENTS 
 (New York Sute Factory Investigatins CommiaBion) 
 
 Aveiage number 
 employed 
 
 Number added 
 during the year 
 
 Number dropped 
 
 or leaving 
 during the year 
 
 5,000 
 4,296 
 4.272 
 3,750 
 3,500 
 3.497 
 2,313 
 
 5,600 
 6,979 
 6,809 
 12.159 
 8,155 
 875 
 2.967 
 
 6,960 
 6.712 
 10,382 
 8.760 
 940 
 2.630 
 
 lu laundries, too, a very o^eat shiftiii": of workers is constantly 
 taking place. One ^Massachusetts establishment reported that 57 
 per cent, remained less than three months: another that 76 per 
 cent, remained less than three months; while a Washington 
 employer stated that '' OO to 90 days eliminates a crew com- 
 pletely." 
 
 These three classes are of course not defined by hard and fast 
 lines. They merge into one another and workers are constantly 
 passing from one class to another. Frequently bad industrial 
 conditions will throw steady workers back into the casual labor 
 class. 
 
 In the women employing industries, therefore, it is apparent 
 that there are large numbers of young girls, many of whom have 
 not yet readied the years of responsibility, who are not entirely 
 dependent upon their own earnings for support and who expect to 
 be in industry for only a short time. For this class of worker 
 employment is largely the result of preference or custom being 
 to some extent a matter of pin-money and often looked upon as a 
 means of release from monotonous home duties to be replaced by 
 social enjoyment and the companionship of friends. Were it not 
 for the tragic effect which the presence of this proportionally 
 small group of workers has upon the mass of women employees 
 we might pass them by unnoticed. But in this very group lies 
 the key to not a little of the distress of the larger more responsible 
 group. 
 
 It is this great throng of young, untrained, undisciplined work- 
 ers which supplies the employer with help for the few busy months. 
 
 Relation of Employment to Wage for Women 523 
 
 At other times they drift in and out, from establishment to estab- 
 lishment or from trade to trade, taking positions at whatever they* 
 can get, keeping out the older girls who are accustomed to a 
 slightly higher wage, and cutting down the income of the steady 
 responsible worker. Because this class of casuals is ever present 
 the employer finds it easier to take them as they come and any 
 question of regularizing his business is passed by. In this way 
 they increase the discontinuous employment of the steady worker, 
 and tend to make permanent a disorganized labor market. 
 
 The employer, too, has frequently complained of the irrespon- 
 sibility of these workers. On this point one Massachusetts em- 
 ployer said, " the result of a big seasonal demand for female labor 
 like this means that during the dull time of the year the girls we 
 discharge at Christmas drift into other lines of employment, con- 
 sequently, when our biggest demand comes, from September to 
 December, we are compelled to again teach many inexperienced 
 girls. The small output and loss through spoilage of the inexperi- 
 enced girls make them undesirable help. In many cases, even 
 at a small rate of pay, they increase the labor cost on the goods 
 materially." Of these " only a small percentage become of any 
 value as actual producers. Of a lot of say 50 girls hired on Mon- 
 day morning we will often lose or discharge 25 of them before the 
 end of the week. Before the end of the second week the lot will 
 sometimes be reduced to 10."^ Another Massachusetts employer, 
 speaking of the " heedlessness, irresponsibility, and lack of ambi- 
 tion " found in such young workers, declared that, because he had 
 to employ so many of them, " the problem of candy making is the 
 labor question."^ In short, the presence of this class of workers 
 is one of the main causes for the existing disorganization of indus- 
 trial employment Moreover, most of their employtnent is at 
 work which neither trains them nor offers them the opportunity of 
 any great advancement Their presence in industry cannot be 
 justified from any social point of view. 
 
 Before we can hope, therefore, to handle effectively the problem 
 of regular employment and a real living wage for the older and 
 needy worker, and, as a first step toward the better organization 
 
 1 MassaohuBetts Commission on Minimum Wage Boards, 1912, p. 66. 
 
 2 Ibid., p. 53. 
 
524 
 
 Appendix IV — Wage Investigation 
 
 of industry, particular attention must be given to this special class 
 of workers. 
 
 The first step toward such a program obviously would be to 
 reduce the supply of this untrained and irresponsible group by 
 partially shutting them out of industry for a period of time. The 
 present age of admission to industry in several states is sixteen 
 years. By extending this limitation to all st^ites and extending 
 this controlled period possibly up to the age of eighteen a great 
 mass of casual labor would at once be removed, and would leave 
 the field open for older and more responsible workers. During 
 these years attention could be given to the proper physical and 
 educational training of young women. With the increased em- 
 phasis that is being placed upon industrial education, this period 
 might well be devoted to a combination of technical and general 
 training, together with practical experience in shop work For 
 it will probably always be true that, due to changing seasons and 
 emergency demands, many industries will nml for certain short 
 periods of time extra help. By supplying this demand as far as 
 possible from the group of young women, practical shop training 
 would be secured and, in addition, the wages earned would aid 
 in relieving economic pressure. The extent of actual factory 
 work should be limited to certain periods at the discretion of the 
 educational authorities, and the actual placing in establishments 
 should be made through the medium of the Labor Exchanges. 
 The close of the busy season would then find the workers returning 
 to the training school instead of drifting from place to place and 
 from job to job as at present 
 
 In this way the necessary surplus pool of labor would be utilized 
 to the best advantage of all concerned. Such physical and indus- 
 trial training would better prepare young women for a useful, 
 efficient life, and at the same time would leave a more open field 
 of employment with more regular work at higher wages for the 
 older responsible workers. There should be no difficulty in secur- 
 ing the cooperation of the employer in such a plan, since' for many 
 years his constant complaint has been the untrained, careless and 
 irresponsible character of so large a part of the labor force. In 
 but few cases, however, has there been sufficient pressure upon 
 
 Relation of Employment to Wage for Women 525 
 
 the employer, or initiative on his part, to cause him to change his 
 present haphazard system of employment. For the more steady 
 workers who nevertheless suffer periods of unemployment, some 
 form of unemployment insurance should be considered. By this 
 method the wage losses would be distributed, in part at least, be- 
 tween all parties concerned instead of, as at present, allowing 
 them to fall entirely upon the worker, the person least able to 
 bear them. 
 
 Summary and Conclusion 
 
 All facts agree that actual earnings fall far short of possible 
 earnings based upon '' rate of pay." This investigation leads 
 also to the conclusion that, at least for the workers here con- 
 sidered, the average girl or woman loses in wages an amount equal 
 to no less than 1 5 per cent, of her possible earnings. The younger 
 more irregular worker loses an even greater amount. 
 
 In addition, the investigation shows that very many of the 
 women in seasonal trades cannot find work at the same place for 
 the entire year, while in many trades, from a quarter to one-half 
 remain in one place only three months or less. A striking illus- 
 tration of the constant flux of workers in and out of different 
 establishments was found by the Factory Investigating Commis- 
 sion in the records of one large New York City department store, 
 which hired over 12,000 employees in order to maintain an aver- 
 age permanent force of a little over 3,000. In ten confectionery 
 establishments 3,138 were employed to maintain an average force 
 of 953 people. In nine paper-box establishments 1,657 were em- 
 ployed to maintain an average force of 792 workers. This same 
 shifting is found everywhere in varying degrees. 
 
 It must be quite obvious, therefore, that a living income is de- 
 pendent not only upon a reasonable daily or weekly wage but also 
 upon reasonable regularity of employment. This latter problem 
 presents many difficulties, particularly with industry disorganized 
 as at present. With such large surplus pools of labor to draw from 
 only the few more farsighted employers will initiate reforms in 
 their systems of employment. Moreover, the members of this 
 surplus pool are obtaining practically no training nor are they 
 
520 
 
 Appendix IV — Wage Investigation 
 
 receiving anything approaching a living wage. But by withdraw- 
 ing them from the labor market, except for short periods during 
 the '' busy season," the much needed special training can be sup- 
 plied and positions will be left open for older responsible workers. 
 Unless reasonable r^ularity of employment can be definitely 
 assured, a living wage through the year can be secured only by 
 setting up a wage rate sufficiently high to cover unemployed per- 
 iods of time, or by establishing some form of unemployment in- 
 surance. 
 
 II. STATISTICAL ANALYSIS OF INDUSTRIES 
 
 THE PAPER BOX INDUSTRY 
 
 INTRODUCTION 
 
 Years ago, when we went to the grocery store to buy crackers, 
 the grocer scooped them up out of a barrel and put them into a 
 paper bag for us. Now we get them in a neat little paper box. 
 More and more the grocer's shelves are filled with '^ package 
 goods," which the housewife prefers because they are more likely 
 to be fresh and free from germs and dust. Every Christmas sees 
 a greater variety of fancy articles offered for sale in " ornamental 
 holly boxes suitable for gifts." All our clothing, hats, and shoes 
 are delivered to us boxed. The ubiquitous paper box serves as 
 container for articles as different as cigarettes and writing paper, 
 phonograph records and ice-cream, electric light bulbs and candy. 
 
 General Statistics 
 
 With such an increase in the use of paper boxes, it is not sur- 
 prising that the last few years have witnessed a considerable de- 
 velopment in the industry. According to the United States Cen- 
 sus of Manufactures, the number of wage-earners of both sexes 
 employed has increased from some 27,000 to nearly 40,000, a 
 gain of over 48 per cent, in the ten years between 1899 and 1909. 
 The manufacture of paper boxes is, moreover, one of the large* 
 "women-employing" industries of the United States. In 1909 
 there was an average number of 23,724 women over 16 at work 
 in paperbox establishments, as against 20,527 in 1904, and 
 18,192 in 1899j an increase of 30 per cent, in the decade, though 
 during the same period the number of men increased 67 per cent. 
 Although women at present form almost exactly three-fifths of 
 the total number of wage earners in paper box making and are 
 thus decidedly in the majority, yet the proportion of men is in- 
 creasing, if very gradually. In 1880, women foi-med 70 per cent, 
 of the entire labor force, 65 per cent, in 1899, and 60 per cent, in 
 1909. 
 
 (5271 
 
528 
 
 Appendix IV — Wage Investigation 
 
 This tendency toward displacement of the women workers may 
 or may not continue, but remembering tliat the large majority of 
 the 2,800 workers under 16 are girls, the statement still holds that 
 paper box making is " woman's work/' 
 
 New York employs by far the greater number of women workers 
 in this industry, nearly 8,000 ; Pennsylvania follows with over 
 3,000; Massachusetts with 2,600, and Illinois with 2,400. In 
 Ohio are found 1,500, in New Jersey nearly 1,400, and somewhat 
 over 1,000 in Connecticut/ Nearly 6,000^ more are scattered in 
 smaller numbers over the remaining states. 
 
 Owing to its low wage level this industry is one frequently sug- 
 gested for investigation by Minimum Wage Commissions. It is 
 therefore especially important to study the effects of irregularity 
 on wages in the industry, and to make a comparison of wage rates 
 and actual earnings in order to see whether or not a minimum 
 wage rate would really provide a paper box worker with a living 
 wage. 
 
 Seasonal Variations 
 The seasonal variations which exist in the paper box industry 
 naturally depend on and precede variations in the demand for 
 goods '' put up in pasteboard." On that account, the work on 
 some sorts of boxes, such as those for cigarettes and shoes, is 
 reasonably steady. But, on the whole, the buying for clothing 
 in the spring and fall and the Christmas demand for all sorts of 
 fancy and candy boxes, makes the industry one of decided seasonal 
 irregularity. 
 
 The busiest season comes in the fall, from Labor Day to Christ- 
 mas, followed by an extremely dull season. The trade revives 
 again for several weeks before Easter, for a shorter and less ex- 
 treme rush season, produced mainly by the demands of the cloth- 
 ing trade. Then another slack period lasts well through the 
 summer. Duri ng the rush times, more or less overtime is 
 
 1 FANCY AND PAPER BOXES 
 
 Number of Women Over 16 Employed December 15, 1909 
 
 [United States Census of Manufactures, Vol. IX, Table II for each State) 
 
 New York. 7,928 New Jersey . 1 357 
 
 Pennsylvama 3,032 Connecticut ToST 
 
 Massachusetts 2,629 Other States 5 930 
 
 lUinois 2,478 0,^0^ 
 
 ^^° 1.518 Total 25,961 
 
 Relation of Employment to Wage fok Women 529 
 
 worked in nearly every prosperous factory and Sunday work also 
 is sometimes found. Most manufacturers believe this cannot be 
 avoided, since orders come at short notice and paper boxes are 
 too bulky in proportion to their values for profitable storage ; the 
 fire-hazard also is too great to risk making them for stock. The 
 reverse of the two busy seasons is found in the dullness of the 
 trade after Christmas and its still greater slackness in the summer. 
 Here is the typical seasonal variation of so many of the industries 
 where large numbers of women are found — very busy in the fall, 
 dull after Christmas, busy in the spring and very dull in the 
 summer. 
 
 Wherever data could be obtained, from Massachusetts to Cali- 
 fornia, from Maryland to Oregon, and in the great industrial 
 states of New York, New Jersey, Pennsylvania, Illinois and Wis- 
 consin, a like alternation of rush seasons in the spring and fall 
 with slack in the winter and summer was found. For instance, in 
 Philadelphia an investigation of five firms in 1913 disclosed the 
 fact that after Christmas thev made wholesale dismissals to the 
 extent of 24.3 per cent, of their force. In New York City last 
 year the Factory Investigating Commission found that the num- 
 ber of employees rose to 6,700 just before Christmas and fell to 
 6,100 directly after that time. What this irregularity and loss 
 of working time means to the women is well illustrated by the 
 story of Rose, a Russian girl, twenty -three years old. Her family 
 was still in Russia, so she had to look out for herself entirely. In 
 five years she advanced in wages from $3.50 to $5.50 a week. But 
 out of this meager sum she had to save enough to carry her over 
 the slack season, and she was out of work fourteen weeks during 
 the year. This made her average weekly earnings just $4.02 — 
 over 25 per cent, lower than her rate of wages. Even the girls nom- 
 inally at work every week in the year for the same firm are found 
 io suffer large reductions in wages on account of their short hours 
 in the dull season. One girl received an average weekly wage of 
 only $6.14 instead of her regular rate of $7.25, another $8.27 
 in place of $9.45, a third $4.58, instead of $5. These are exam- 
 ples taken quite at random. For a girl to average more than her 
 rate is very unusual. These facts indicate the need for further 
 study of the irregularity of the industry and its effect on wages, 
 
 ^1 
 
530 
 
 Appendix IV — Waije Iwestkjatiox 
 
 CHART III 
 PAPER BOXES 
 AVERAGE NUMBER EMPLOYED BY MONTHS 
 
 (MAXIMUM - KXM 
 
 Relation of Employment to Wage fob Women 531 
 
 and they point toward the conclusion that greater r^nlarity of 
 employment as well as a minimum wage rate is needed to obtain 
 for the steady, responsible, mature women workers a living income. 
 
 •Statistics of Irregular Employment. 
 
 The statistics of irregularity most commonly found in state 
 labor reports are from the point of view of the industry rather 
 than that of the workers, and are those of " average number of 
 days in operation yearly " and *' average number employed by 
 months." From published statistics on both of these points it 
 does not appear that the manufacture of paper boxes is a particu- 
 larly seasonal industry. For instance, out of a possible 305 work- 
 ing days yearly, Massachusetts factories were in operation 290 
 days, and New Jersey and Pennsylvania factories 292 days in 
 1912. 
 
 The statistics of the varying *^ number employed by months " 
 during the year are also shown graphically in Chart III. The 
 largest number in any one month is considered 100 per cent, and 
 the per cent, for every other month reckoned with that as a base. 
 The states for which this was obtainable and the latest years for 
 which it is compiled, are Massachusetts in 1912, New Jersey in 
 1912 and Wisconsin in 1910. It will be seen that the curve for 
 each state follows a similar course and brings out the fall rush 
 with its peak in November, the lesser spring busy season, the 
 short drop in January and the long dull period of the summer 
 months. The situation in New York City and in the rest of the 
 state in 1913, as found by the State Factor}^ Investigating Com- 
 mission, is also presented in this chart. From these figures the 
 fluctuations do not appear to be extreme, since the difference be- 
 tween the largest and smallest number was only 12 per cent, in 
 Massachusetts and New Jersey in 1912, 18 per cent in Wisconsin 
 in 1910, and 8 per cent, in New York for the year ending Novem- 
 ber 1913. 
 
 From most of the official statistics, then, it would not seem 
 that the paper box industry was as seriously irregular as many 
 others, yet the contrary is the fact. A consideration of what these 
 two classes of statistics show and do not show, will solve the puzzle. 
 When the " number of days in operation yearly " is given, there 
 is nothing to tell us whether one department or all are at work, 
 
532 
 
 Appendix TV — Wage Investigation 
 
 Relation of Employment to Wage for Women 533 
 
 whether or not those at work are on full time or whether a few 
 scattered girls or the full force are working. Statislics as to 
 " average number employed by months '' do give us some idea of 
 the latter, but in the paper box industry it is the custom not to 
 close the factory for any length of time, nor to dismiss employees 
 to any very large extent, but to hold as nearly as possible the full 
 force on short time, and consequently on short pay, in order to 
 have the workers ready, not only for the busy season, but also to 
 take care of the occasional order that may come in from time to 
 time. The more detailed statistics following will show further 
 that these measurements alone by no means bring out the entire 
 effect of irregular employment on the income of the worker. 
 
 Shifting. 
 In the paper box industry the flux of workers is very great ; it 
 is a constantly changing group on which all the seasonal variations 
 fall. In New York City in 1912-13, only a quarter of the women 
 paper-box workers stayed in the same place more than six months. 
 Three-fifths stayed three months or less (see Chart IV), one-half 
 less than two months and two-fifths four weeks or less. In- 
 credibly large numbers drift in for a few days or even hours and 
 then drift out again. Only 15 per cent, were what might be 
 called steady workers, staying eleven months or more out of the 
 year in the same establishment. Three times as many people as 
 were employed at any one time were dropped and added during 
 the year. It is of course true that many of these changes were 
 undoubtedly due to personal reasons. A low-grade, poorly paid, 
 little skilled body of workers in an ever-changing one. Yet such 
 facts as the wholesale dismissal of workers in Philadelphia after 
 Christmas previously mentioned, show that the irregularity ol 
 the industry must be held responsible for no small part of the shift- 
 ing. Here, then, is the casual labor force, the three-girls-for-two- 
 jobs state of affairs, which Beveridge, the English authority, be- 
 lieves to be the fundamental cause of unemployment. A wage 
 rate that made no allowance for irregularity of employment would 
 mean little to these people, who are here to-day and gone to- 
 morrow. Rather, some pressure is needed that will force them 
 out and make it profitable for the manufacturer to furnish steady 
 employment to responsible workers. 
 
534 
 
 Appendix IV — Wage Investigation 
 
 CHART V 
 PAPER BOXES, NEW YORK 
 NOVEMBER 1912 - NOVEMBER 1913 
 AVERAGE NUMBER EMPLOYED AND 
 TOTAL • AMOUNT WAGES BY MONTHS. 
 
 (MAXIMUM - KXM 
 
 MALE AND FEMALE 
 
 Relation of Employment to Wage for Women 535 
 
 Variation in Earnings. 
 
 In order to discover the great seriousness of seasonal varia- 
 tions in this industry, we must turn to variations in earnings. 
 The first point to be considered is a comparison of the varia- 
 tion in earnings with the variation in numbers, month by 
 month. Such a comparison, for New York City, 1912-13, and for 
 the rest of the State, as given by the State Factory Investigating 
 Commission, shows a considerable loss in actual as compared with 
 possible earnings. In these monthly averages (see Chart V) the 
 extreme weekly variations are smoothed out, yet there is a 15 per 
 cent, difference between the largest and smallest amount of wages, 
 in contrast to an 8 per cent, variation in numbers. The broken 
 line, it will be noted, drops far below the solid one showing that 
 for those employees who were kept on the pay roll, wages fell con- 
 siderably below normal. But by taking the original figures for 
 the totals of wages and using the totals per week instead of per 
 month, the largest amount paid out is found to be $60,878 for 
 the last week of September and the smallest $43,125 for the 5rst 
 week of January. There is a difference here of nearly 30 per cent. 
 (29.3 per cent.) while the largest difference in numbers by weeks 
 is just about 12 per cent. This result corresponds closely to 
 the testimony of 200 women workers questioned by the Factory 
 Investigating Commission about their weekly wages at different 
 seasons. Their average weekly pay varied from $5.68 in dull 
 times to $8.13 in the busy season, a difference of almost exactly 
 30 per cent. 
 
 The New York City investigation further shows that the 
 " ordinary " average weekly wage of a woman worker was $7.36. 
 That is about 10 per cent less than the " rush reason " weekly 
 wage. We have similar weekly averages for women workers in 
 California and Maryland from an investigation made by the 
 United States Bureau of Labor in 1911. There was a difference 
 of more than 20 per cent, between the weekly average for rush 
 and normal seasons in California ($8.99 and $7.03) and of almost 
 exactly 20 per cent, in Maryland ($6.24 and $5.01). Differences 
 in earnings from season to season do not seem, therefore, to be 
 confined to New York. Clearly then any minimum wage, based, 
 as practically all awards in this country have been thus far, on 
 
536 
 
 Appendix TV — Waok Invfrttoation 
 
 the full time work of the " normal " season, would not give women 
 a living wage when this industry was slack, and offers no guaran- 
 tee against such dull times. 
 
 To examine further the relation between rates and actual earn- 
 ings, and to determine whether or not earnings usually fell below 
 the rate, a comparison was made of the weekly wage rates of 246 
 of the women paper box workers in New York City with their 
 actual average weekly wages for the period worked. These figures 
 represent conditions far above the average, since only the best 
 factories keep their books so that reliable figures can be obtained. 
 That this selected group represents to a much greater degree the 
 more permanent class of workers is indicated by the fact that 32 
 per cent, were annual workers as against 15 per cent of annual 
 workers for the entire labor force. In addition, to avoid including 
 some absences for personal reasons, when the average weekly 
 earnings were computed, the weeks in which a woman was not 
 working at all were omitted, although the nunil)er of such ab- 
 sences greatly increases in the dull seasons and the omission there- 
 fore undoubtedly excludes in many cases a part of the wage loss 
 due to industrial conditions. For this particular study therefore 
 the steadier workers in the better factories are under consideration 
 and a certain amount of unemplo^Tuent is being left out of 
 account. 
 
 As already said, comparison was made of the rate of pay and 
 the average weekly earnings of 246 such adult women time work- 
 ers in the paper box industry. The average weekly earnings of 
 94 per cent, of these women were below their stated rate of pay. 
 Only 8, or 3^/2 P^r cent, had average weekly earnings equal to 
 their rate of pay. The weekly earnings of just 6, or 2V^ per cent 
 of the whole group averaged higher than their rate of pay. For 
 that great majority of the women whose earnings fell below their 
 rate, tables were made to show first by wage groups and secondly 
 by length of time in the same factory, what per cent of the rate 
 they lost. (See Table 2.) According to the table we find that 
 62.1 per cent, almost two-thirds, lost over 10 per cent, of their 
 supposed wage during the time they worked, with 26 per cent, 
 losing from 16 to 25 per cent and 15 per cent losing more than 
 25 per cent — over a quarter — of their supposed income for the 
 
 Kei.ation of Employment to Wage for Women 537 
 
 period they worked. It is evident that the lowest paid and most 
 shifting workers are the ones suffering the heaviest losses. 
 
 Of those earning under $5, 77.7% lost over 10% of wages. 
 Of those earning $5-5.99, 63% lost over 10% of wages. 
 Of those earning $(>-6'.99, 50% lost over 10% of wa^-es. 
 Of those earning $7-7.99, 50% lost over 10% of wages. 
 Of those earning $8-S.im, :J5.8'% lost over 10% of wages. 
 Of those earning $9 and over, 28. 1 7^ lost over 10% of wages. 
 
 When the loss from the rate is c<»niputcd l)y lengtli of service, 
 the heavier losses of the " short-time girl " are even more striking. 
 
 Of thf>se staying 1-4 weeks in same factory, 85.7% lost 
 over 10% of wages. 
 
 Of those staying 5-13 weeks in same factory, 64.1% lost 
 over 10% of wages. 
 
 Of those staying 14-26 weeks in same factory, 75.5% lost 
 over 10% of wages. 
 
 Of those staying 27-47 weeks in same factory, 57.2% lost 
 over 10% of wages. 
 
 Of those staying 48-52 weeks in same factory, 21% lost 
 over 10% of wages. 
 
 table 2 
 paper boxes. new york crty. november, 1913-1913 
 
 Sblected Female Time Wobeebs Ovbb 16, Comparison of Rate ok Pat and Actual Avebaob 
 
 Weekly Eabninos 
 
 lA. NcMBEBS Losing Given Percentages or Their Rate, by Wage Gboups 
 
 a> 
 
 Percentage Lost 
 
 Rate 
 
 5 per cent, 
 or less 
 
 6-10 11-15 
 per cent. per cent. 
 
 16-25 
 per cent. 
 
 Over 25 
 per cent. 
 
 Total 
 
 Under S5 00 
 
 6 
 14 
 2 
 3 
 3 
 5 
 
 10 
 25 
 5 
 3 
 6 
 9 
 
 17 
 21 
 1 
 3 
 3 
 3 
 
 28 
 24 
 1 
 3 
 2 
 1 
 
 11 
 18 
 1 
 
 
 4 
 
 72 
 
 S5 00- 5 99 
 
 102 
 
 6 00- 6 99 
 
 10 
 
 7 00- 7 99 
 
 12 
 
 8 00- 8 99 
 
 14 
 
 9 00 and over 
 
 22 
 
 
 
 Total 
 
 33 
 
 58 
 
 48 
 
 59 ' 34 
 
 232 
 
 
 
 
 
 
 
 

 538 Appendix IV — Wagk Investigation 
 
 IB. Per Cent Losing Given Percentaoes or Thew Rate, bt Wage Groups 
 
 Rate 
 
 Percentage Loot 
 
 5 pw eent. 
 or len 
 
 6-10 
 per cent. 
 
 11-15 
 per cent. 
 
 16-25 
 per cent. 
 
 Over 25 
 per cent. 
 
 Total 
 
 Under $5 00 
 
 8 3 
 14 
 20.0 
 25.0 
 21.4 
 23.8 
 
 13.9 
 23.0 
 50.0 
 25.0 
 42.8 
 38.1 
 
 23 6 
 21.6 
 10.0 
 25.0 
 21.4 
 14 3 
 
 38.9 
 24.0 
 10 
 25.0 
 14.4 
 4.8 
 
 15 2 
 18.0 
 10.0 
 
 19.0 
 
 
 $5 00- 5 99 
 
 100.0 
 
 6 00- 6 99 
 
 100.0 
 
 7 00- 7 99 
 
 100.0 
 
 8 00- 8 99 
 
 100.0 
 
 9 00 and over 
 
 100.0 
 
 
 100.0 
 
 Total 
 
 14 1 
 
 23.8 
 
 21.1 
 
 26.0 
 
 15.0 
 
 100 
 
 2A. Numbers Losing Given Percentages or Their Rate, bt Length or Time in Same 
 
 Factory 
 
 Length or Time in Same 
 
 
 
 Percentage L^bt 
 
 Factory 
 
 5 per cent, 
 or less 
 
 4 
 8 
 3 
 8- 
 10 
 
 ft-10 
 per cent. 
 
 11-15 
 per cent. 
 
 16-25 
 per cent. 
 
 Over 25 
 per cent. 
 
 Total 
 
 1- 4 weeks 
 
 5-13 weeks 
 
 4 
 
 16 
 
 8 
 
 t 
 
 21 
 
 6 
 10 
 15 
 10 
 
 7 
 
 11 
 23 
 
 14 
 10 
 
 1 
 
 19 
 
 10 
 
 5 
 
 
 
 
 
 44 
 
 14-26 weeks 
 
 e7 
 
 27-47 weeks 
 
 4i 
 
 48-52 weeks 
 
 •7 
 
 
 W 
 
 Total 
 
 XI 
 
 58 
 
 48 
 
 nn 
 
 34 
 
 
 
 
 59 
 
 232 
 
 2B. Per Cent Losing Given Percentages or Their Rate, by Length or Time in Same 
 
 Factory 
 
 Length or Time in Same 
 
 Percentage Lost 
 
 Factory 
 
 5 per cent, 
 or less 
 
 6-10 
 per cent. 
 
 11-15 
 per cent. 
 
 16-26 
 per cent. 
 
 Over 25 
 per cent. 
 
 ToUl 
 
 1- 4 weeks 
 
 7.1 
 11.9 
 
 6 7 
 22.9 
 26.3 
 
 7.1 
 23 9 
 17.8 
 20.0 
 52.6 
 
 14.3 
 14 9 
 33.3 
 28.6 
 184 
 
 26.2 
 34.3 
 31.1 
 28.6 
 2 6 
 
 45 2 
 14 9 
 11.1 
 
 
 5-13 weeks 
 
 100.0 
 
 14-26 weeks 
 
 100.0 
 
 27-47 weeks 
 
 100.0 
 
 48-52 weeks 
 
 100 
 
 
 100.0 
 
 Total 
 
 14 1 
 
 23.8 
 
 21.1 
 
 26.0 
 
 15.0 
 
 
 
 
 100.0 
 
 It may be noted that, among the six who earned more than their 
 rate, the gains were small, none over 10 per cent., and that three 
 of the women who gained were ''annual workers'' — over 48 
 weeks in the same position. 
 
 We find in this selected group, therefore, consisting of the 
 l)etter class workers under the more favorable conditions, that 94 
 per cent, did not succeed in earning the rate of wages at which 
 they were employed, and that nearly two-thirds of them (62.1 
 
 Relation of Employment to Wage foe Women 530 
 
 per cent.) lost more than 10 per cent, of their supposed wages. 
 Undoubtedly if similar figures could be computed for the entire 
 inditstry, even larger losses would be brought out. For instance, 
 for the week in which the Commission collected wage data, rates 
 and earnings in one of the factories especially studied were com- 
 pared with rates and earnings in a factory keeping no record? 
 available for yearly comparisons. Both factories manufactured 
 a similar line of goods, and the factory having yearly records 
 of earnings was one in which about two-fifths of all the cases 
 were found. In the latter establishment no woman was rated at 
 less than $5 for the week but 9 per cent, received less than that 
 sum, while in the other factory 12.7 per cent, were rated at less 
 than $5 and 37.4 per cent, received below that amount. It is the 
 latter which is typical of the majority of factories in the city 
 and therefore the trade as a whole would show annual wage- 
 losses even greater than those here discussed. 
 
 Moreover, the wage rates just considered are averages for the 
 period covered. They in no way show the variation from week 
 to week in a girl's wage. An average is only a composite photo- 
 graph after all and may or may not represent the experience of 
 any number of workers and, also as in the photograph, the ex- 
 treme variations are smoothed out When we trace the changes 
 in a girl's wages week by week, then this irregularity which we 
 chart and discuss like an academic problem, without really feel- 
 ing it, becomes a human problem, a hard condition with which 
 human beings are struggling. Out of the thousands of similar 
 records, the Xew York State Factory Commission quotes weekly 
 wages for six girls, " steady, representative workers in different 
 factories." The charts (VI and VII) show, more plainly than 
 words, the way in which the girls' wages vary from week to week. 
 The first of the charts gives for the three piece workers, Annie, 
 Ida and Sarah, their wages averaged by months. Like all aver- 
 ages, it conceals the greatest variations, but the second chart gives 
 their actual weekly wages for the third quarter of the year, which 
 is not the period of extreme fluctuations. Because piece workers 
 are paid in proportion to their product, many people think the 
 quick, good worker is rewarded for her unusual ability. But what 
 
 I 
 
 \ 
 
540 
 
 Appkndix IV — Wacje Invkstkjation 
 
 i • ^ 
 
 s 
 
 
 
 u 
 
 0) 
 
 
 
 ^ 
 
 z 
 
 
 f 
 
 oc 
 o 
 
 z 
 
 
 o 
 
 3: 
 
 o 
 
 
 o 
 
 1 
 
 u 
 
 o 
 
 Id 
 
 a 
 
 >- 
 ffi 
 
 o 
 
 > 
 
 < 
 z 
 
 z 
 
 0) 
 
 u 
 u 
 oc 
 
 z 
 
 o 
 
 < 
 a: 
 u 
 
 > 
 
 o 
 
 X 
 
 o 
 
 < 
 
 
 flC 
 
 0) 
 
 u 
 
 o 
 
 1 
 
 ■ 
 
 oc 
 
 < 
 
 
 u 
 
 >- 
 
 
 Q. 
 
 
 
 < 
 
 0. 
 
 5 
 
 < 
 oc 
 
 
 
 
 o 
 
 ll 
 
 I 
 
 • N 
 
 s a i s s > 
 
 I 
 
 i 
 
 / 
 
 8 
 
 
 
 « M a 
 
 ft * 
 
 s s 
 
 • I* 
 
 —I — t 
 
 2 8 a 
 
 Relation of Employment to Wage for Women 541 
 
 CHART VII 
 PAPER BOXES NEW YORK CITY 
 WEEKLY WAGES OF THREE PIECE-WORKERS 
 FOR THREE MONTHS 
 
 t18 
 SI8- 
 
 sa- 
 tis 
 tta 
 
 AMI IE P. 
 
 7 
 
 •3 
 
 SIS 
 
 •«2 
 
 M 
 
 t3 
 
 / 
 
 IDA 
 
 T. 
 
 ■T' 
 
 / 
 
 SAIAM t 
 
 «MCCR ST 
 
 as 
 
 ■7 
 
 /; 
 
 ^ 
 
 Z 
 
 \ 
 
 X 
 
 / 
 
 y 
 
 
 SIS 
 
 S12 
 
 s» 
 
 S3 
 
 SIS 
 
 — S12 
 
 S3 
 
 SIS 
 
 S12 
 
 ss 
 
 S3 
 
 I 
 
 2s'30'3l'32'33'34'3»'3S'37'3S'39 wcck 
 
;> 
 
 42 
 
 Appendix TV — Wage Ixvestioatiox 
 
 I 
 
 t^ii 
 
 
 1 
 
 happens to her wage for that much longer period when there is 
 only a little work on hand, and when, after a few hours, she is 
 sent home for the rest of the day ? These charts, with their high 
 and low points in each case corresponding to the busy and dull 
 seasons, show clearly how the seasonal variations in the industry 
 cause most of the changes in these girls wages. Ida's highest 
 weekly wage is $13.98 and her lowest $3.20. Annie's varies be- 
 tween $14.87 and $3.20, Sarah's weekly wages run all the way 
 down from $10.<;2 to $2.08. When we get down to the actual 
 amounts received by these piece workers, we find just about a 75 
 per cent, difference between the lowest and the highest wages in- 
 stead of the 30 per cent variation which was found between the 
 smallest and largest total amounts paid out weekly in wages and 
 also between the average wage at different seasons. 
 
 Moreover, the wages of the three time workers fluctuate nearly 
 as violently and correlate in the same way with the slack and 
 busy seasons. (Chart VIII.) These three rate workers, Sadie 
 and Rose and Antoinette, are supposed to be paid a definite sum 
 each week. But the least and greatest wages they actually receive 
 are $7.62 and $2.41, $8.50 and $5.34, $7.76 and $2. The per- 
 centages of difference between these sums are no less than 68, 37 
 and 74 per cent. While Sadie's weekly rate is $5.50 and her 
 average weekly wage $5.47, only a trifle less, Rose never gets 
 more than her rate of $8.50 and falls below it so often as to bring 
 her average weekly wage down to $7.39, only seven-eighths as 
 great. Antoinette has a rate of $7, but an actual weekly average 
 of $5.92. She loses over a seventh of her rate. The method of 
 payment, it appears, makes but little difference. Whether thev 
 
 ■ 
 
 are piece or time workers, the employees, through fluctuations in 
 their wages, bear the brunt of seasonal variations. Under these 
 conditions, the setting of a simple minimum wage rate without 
 regard to unemployment would not necessarily produce a living 
 wage. 
 
 Overtime Eabninos. 
 It is sometimes stated that working girls make up by overtime 
 what they lose by undertime. The lower level of average weekly 
 earnings, when compared with rates as shown on the previous 
 
 Relation of Employment to Wage for Women 543 
 
.4-t 
 
 Appendix TV — Wagk Invkstujation 
 
 ir'! 
 
 pages, is an indirect ref utal of that often-heard remark : " Well, 
 after all, they make up in the busy season what they lose in the 
 dull,'' which argument is sometimes even used as a reason for not 
 limiting women's hours of work. But all the direct evidence at 
 hand, as well as the indirect, shows this belief to be erroneous. 
 
 It is unfortunately true that a good deal of overtime does exist 
 for women paper box workers. But in the first place, waiving 
 for the moment all question of the undesirability of overtime 
 work under high pressure for women workers, it appears that 
 the long hours which bring gains in wages are worked by a minor- 
 ity only. In a busy week in New York City in the fall of 1913, 
 258 of the women considered, or only 8 per cent of the whole 
 number, worked in excess of the legal number of hours. Forty- 
 one, or only 1.2 per cent, worked all seven days of the week, while 
 a larger number, 861 or 19.7 per cent., lost a day or more. It is 
 apparent that for this group at least only a small part of the 
 workers gained anything through overtime to help them through 
 the slack season. While from the point of view of overtime work 
 r. comparatively small number of workers were affected, yet it is 
 apparent that violations of the labor law were not uncommon. 
 
 The proportionate rise and fall in wages also must not be for- 
 gotten. In the dull season the fall is greater than the rise in the 
 busy season. The New York State Factory Investigating Com- 
 mission found that the average weekly wage of nearly two hun- 
 dred women operatives, questioned as to seasonal wages, rose 
 only 10 per cent, above the usual earnings, but dropped 23 per 
 
 cent, below. 
 
 Finally, taking the entire year into account, the slack time is 
 spread out over a much longer period than the rush. The pro- 
 portions are approximately thirty to twenty weeks. This is quite 
 consistent with the facts about the six "steady, representative 
 workers" whose wages, week by week, have already been con- 
 sidered. It is reasonable to suppose that in the busy season the 
 time workers would at least make their rate. But they fell below 
 it far more often than they rose above it. Sadie was 7 weeks 
 above her rate, 2 weeks at it and 10 weeks below. Rose re- 
 ceived her rate only 7 times, never irot above it and was be»low it 
 29 times. For Antoinotte the figures are T. weeks above her rate, 
 
 
 Relation of Employment to Wage foe Women 545 
 
 2 weeks at the rate and 16 weeks below the rate. Following the 
 same line of reasoning, the piece-workers would be likely to go 
 above their average wage in a busy week. Sarah did go above her 
 average weekly wage 26 times and below only 23 times, but both 
 the others fell below their average more often than they went 
 above it Ida was 23 weqks above and 26 weeks below, while 
 Annie was 24 weeks above and 28 weeks below. In the selected 
 group of time-workers, 94 per cent, had average weekly earnings 
 below their rate, only 2V^ per cent, had average weekly earnings 
 above their rate and 3i/^ per cent, made their scheduled rate of 
 pay. All the facts available, then, agree in showing that the idea 
 of overtime " making up " for undertime is entirely misleading. 
 
 SUMMABY. 
 
 Looking back over the ground covered, the irregularity in the 
 paper box industry, with the slack seasons in the summer and 
 winter and busy seasons in the fall and spring, may best be rea- 
 lized by a study of the earnings. In contrast to the comparatively 
 small 10 per cent variation in the number employed at different 
 seasons, we find a 30 per cent fluctuation in wages, whether meas- 
 ured by averages or totals. The fluctuation in individual cases 
 rises to 75 per cent, and over. In addition, wage gains do not 
 equal wage losses, and the net result of seasonal irregularity is 
 a loss in wages to the employee. The record of the wages of a 
 few individual girls week by week shows^ just as an extensive 
 comparison of weekly rates with average weekly earnings shows, 
 an actual income approximately 15 per cent below the rate. The 
 wage rate is only nominal, a term of little real meaning. These 
 workers are not paid by the week but by the hour or rather by the 
 minute, and in this way in the paper box industry, a casual, 
 shifting group of workers, probably without half realizing it, 
 bears the burden of seasonal irregularity. 
 Vol. 11 — 18 
 
 r'l 
 
■'r 
 
 THE CONFECTIONERY INDUSTRY 
 
 INTRODUCTION. 
 
 From all statistics, it is evident that the American people are 
 not losing their taste for sweets. The confectionery industry is 
 a growing and prosperous one. At Christmas time, for instance, 
 there are few homes in which the festivities are complete without 
 some candy, and Easter time again swells the stream of buyers. 
 While most people will recognize the truth of these statements, 
 but few realize the effect of our fluctuating desire for sweets, 
 determining as it does the occurrence of marked busy and dull 
 seasons for thousands of workers. The majority of these workers 
 are women and children under sixteen, many of them employed at 
 less than a living wage. For this reason, this industry has fre- 
 quently been the subject of investigations by minimum wage 
 commissions in various parts of the country. 
 
 General Statistics. 
 
 According to the latest United States Census of Manufactures, 
 the average number of wage earners employed in the confection- 
 ery industry increased from 26,000 to 44,000, or 66 per cent, in 
 the ten years between 1899 and 1909. Women over 16 formed 
 over half of this labor force, nearly 26,000 as against 14,000 in 
 1899, an increase of no less than 79 per cent, in the decade. The 
 number of men employed increased but 49 per cent, in the same 
 time, and the number of children under 16, only 58 per cent 
 Women in this indutry are, therefore, not only in the majority, 
 but are also tending to displace other classes of employees. This is 
 further evident from the fact that, while in 1899 men were 40 
 per cent, and women 53 per cent of the whole number of wage 
 earners, in 1909 the proportion of men had fallen to 35 per 
 cent, but the proportion of women had risen to 58 per cent The 
 percentage of children under 16, the larger number of whom 
 are girls, remained about the same, 6 per cent 
 
 [546[ 
 
 Relation of Employment to Wage for Women 547 
 
 This increased proportion of women is due in part to a more 
 extensive use of machines and a consequent need for a larger 
 number of unskilled employees. For instance, a machine which 
 automatically shapes the cream centers of bonbons and chocolates 
 needs only one regulator and four or five helpers to do the work 
 formerly done by thirty skilled men. In this way the number of 
 women increases, for in the making of candy as in so many other 
 industries the men perform the more highly skilled tasks and 
 the women the simpler and more mechanical ones. Men do all 
 the cooking and moulding of the different candy mixtures; 
 whereas among the women the only skilled workers are the 
 " dippers," who cover the centers of chocolates and bonbons. The 
 majority, however, are employed as " wrappers " and " packers " 
 and as "helpers" who fetch and carry for the rest 
 
 New York has the largest number of women candy workers, 
 5,679 on December 15, 1909, according to the Census of Manu- 
 factures. Massachusetts comes second with 4,140. The other 
 states employing more than a thousand women wage earners over 
 sixteen years old are, in the order named, Pennsylvania, Illinois, 
 Ohio, Missouri and Wisconsin.* In addition to the more de- 
 tailed facts for Massachusetts and New York City, information 
 has been secured from widely scattered points — from the states 
 of California, Kentucky, Maryland, Minnesota, Oregon and 
 Wisconsin and the cities of Chicago, Pittsburgh, and Kansas 
 City. 
 
 Seasonal Vabiations. 
 So many aspects does this industry present that it is even more 
 diflScult than usual to measure its irregularity. First, we find 
 that during the four autumn months a much larger force of 
 workers is used than can find places for the rest of the year. 
 After Christmas, a good many employees are dismissed. At the 
 
 » CONFECTIONERY INDUSTRY 
 Number of Women Over 16 Employed December 15, 1909 
 [United States Censua of Manufactures, Vol. IX, Table II for each State] 
 
 New York 5,679 Missouri 1 350 
 
 Massachusetts 4,410 Wisconsin 1 'o87 
 
 Pcamsylvania 3,839 All other States '..'.'..'. 9!735 
 
 lUinois 2,645 _J__ 
 
 OJ"o 1,708 Total 30,453 
 
648 
 
 Appendix IV — Wage Investigation 
 
 same time the entire factory may close for a week or so, and in 
 July this is still more likely to happen. Or perhaps the factory 
 nms four or five days a week instead of the regular six. Many 
 factories do not close as a whole, but different departments may 
 close for a few days at a time through the dull season, according 
 to the work on hand. Then too, the regular weekly schedule of 
 hours is likely to be shorter in the slack than in the rush season, 
 and often the actual hours worked are even less than these 
 scheduled hours. 
 
 Statistics of Irregular Employment. 
 
 In so complicated a situation many of the ordinary measures 
 of irregularity fall short of showing the true state of affairs. 
 
 Here again, according to the " days in operation yearly " in 
 Massachusetts, candy factories worked on the average 292 days 
 out of a possible 305, in New Jersey, 297, in Pennsylvania, 300. 
 From this one would think that a steady worker need miss com- 
 paratively little time. But when a single factory is taken, and 
 just what the steady workers lose in the way of short time is 
 shown, the inadequacy of these figures becomes clear. This may 
 l)e illustrated by the detailed report of short time in one factory 
 cited as typical by the Massachusetts Commission on Minimum 
 Wage Boards. This establishment was shut down for two weeks 
 in July and also on two separate occasions in May and two in 
 June, losing five and a half days in this way. Thus during the 
 year there would be a loss of 171/2 working days, or according to 
 the statistics of " days in operation yearly" 287% days would be 
 worked. But in addition no less than twenty-four times during 
 the dull half of the year, that is, between January and July, 
 from one to twenty-one departments were closed for from one to 
 three days at m time, as work ffuctaated. The least number of 
 days lost in this way was ^ve and a half in three different depart- 
 ments; the greatest number 28 ^/^ days in one department; the 
 other losses ranged between these two amounts. The tables fol- 
 lowing give this loss of days by dates and departments. The en- 
 tirely irregular way in which the days of unemployment oc- 
 curred made it absolutely impossible for employees to make up 
 the time and earnings thus lost by turning to other work. Since 
 
 Relation of Employment to Wage for Women 549 
 
 some parts of the factory were running at each of these times^ 
 none of this considerable loss is disclosed under the statistics of 
 " days in operation yearly," which are thus entirely inadequate 
 as a measure of the extent of irregularity. 
 
 table 3 
 CONFECTIONERY — MASSACmJSETTS, 191 1 
 
 iRRCatTLARITT OF EuPLOTllKNT IN A MASSACHUSETTS CaNDT FaCTORT, 1911 
 
 A. Datbb, Numbers or Dats and Number of Departments Closed, in Addition to a Shut- 
 down OF Two Weeks in July. (Total Number of Departments, 26) 
 
 (From report of the Commission on Minimum WaRe Boards, pages 64 and 65) 
 
 Dats 
 
 Number 
 
 days 
 
 eloeed 
 
 Number 
 depart- 
 ments 
 closed 
 
 Date 
 
 Number 
 
 days 
 
 closed 
 
 Number departments 
 closed 
 
 January 7 
 
 14.... 
 February 11 
 
 18.... 
 
 25.... 
 March 15.... 
 
 18.... 
 
 25... 
 
 Apnl 1 . . . . 
 
 8.... 
 
 15.... 
 
 1 
 1 
 2 
 2 
 1 
 1 
 2 
 2 
 2 
 24 
 3 and 2 
 
 5 
 2 
 2 
 2 
 
 1 
 1 
 2 
 4 
 
 14 
 6 
 
 21 
 
 April 22 
 
 29 
 
 May 6 
 
 13 
 
 20 
 
 27 
 
 June 3 
 
 4 
 
 10 
 
 11 
 
 17 
 
 25 
 
 3 
 
 1 
 2 
 2 
 2 
 
 n 
 
 14 
 
 12 
 
 18 
 
 All emplosring women. 
 
 11 
 
 All employing women. 
 
 All employing women. 
 
 3 
 
 8 
 
 2 
 
 5 
 All employing women. 
 
 B. Number of Dats Each Department Was Closed 
 
 Department 
 No. 
 
 Work- 
 ing days 
 closed 
 
 Department 
 No. 
 
 s: "^-^ 
 
 Work- 
 ing days 
 closed 
 
 1 
 
 9 
 14 
 23 
 19 
 
 51 
 
 6 
 
 84 
 19 
 13 
 
 10 
 
 24 
 19 
 16 
 284 
 54 
 204 
 
 184 
 184 
 
 15 
 
 19 
 
 74 
 
 2 
 
 11 
 
 20 
 
 15 
 
 3 
 
 12 
 
 21 
 
 74 
 
 4 
 
 13 
 
 22 
 
 19 
 
 5 
 
 14 
 
 23 
 
 154 
 
 6 
 
 15 
 
 24 
 
 15 
 
 7 
 
 16 
 
 25 
 
 13 
 
 8 
 
 17 
 
 26 
 
 54 
 
 9 
 
 18 
 
 
 
 
 
 
 
 Besides " days in operation yearly " the other common method 
 of measuring seasonal irr^ularity is that of giving the " average 
 number employed by months." We have these figures for the 
 women workers in Massachusetts, 1912, New Jersey, 1912 and 
 Wisconsin, 1909, and for all workers in 'New York City, and up- 
 state, September, 1912-September, 1913. (See charts IX and 
 X.) This last set of figures comes from the !N'ew York Com- 
 mission; the others from state labor reports. In every case 
 
550 
 
 Appendix IV — Wage Investigation 
 
 7<W 
 100% 
 
 CHART IX 
 CONFECTIONERY 
 
 AVERAGE NUMBER EMPLOYED BY MONTHS 
 
 (MAXIMUM - 100)0 ' 
 
 looxr 
 
 90X 
 
 0OY 
 
 90X 
 
 SOX 
 
 70K 
 
 ^oox 
 
 90X 
 
 'Soar 
 
 7<W 
 
 eox 
 
 SOX 
 
 ::! 
 
 WISCONSIN 
 rENA^LESOVERIt 
 
 HAS5ACMUSET 
 ALLFENALCk 
 
 NCWJjERSErittZ 
 PCMAllS OVBR M 
 
 .-b£^ 
 
 100X 
 
 SOX 
 
 SOX 
 
 TOX 
 'lOOX 
 
 SOX 
 
 rox 
 100X 
 
 SOX 
 
 SOX 
 
 TOX 
 
 SOX 
 
 SOX 
 
 JAN. FCa. MMMCM APNil. «MV JUMC MVf 
 
 •C^T. OCT. NOW. OCC 
 
 Relation of Employment to Wage for Women 551 
 
 lOOX 
 
 CHART X 
 
 CONFECTIONERY. NEW YORK. SEPTEMBER 
 
 1912 -SEPTEMBER 1913 
 
 AVERAGE NUMBER EMPLOYED AND TOTAL AMOUNT 
 WAGES BY MONTHS. MALE AND FEMALE 
 
 (MAXIMUM - 100)9 
 
 SOX 
 
 SOX 
 
 rox 
 
 SOX 
 
 lOOX 
 
 SOX 
 
 SOX 
 
 rORK CITY 
 
 UFS 
 
 70X 
 
 SOX 
 
 ATE 
 
 100X 
 
 OOk 
 
 SOX 
 
 TOX 
 
 60X 
 
 100X 
 
 SOX 
 
 SOX 
 
 TOX 
 
 60X 
 
 FC« MARCH ikPHIL MAY JUNC JULY AUG SEPT OCT. NOW VCC. 
 
 t! 
 
 ViJ 
 
 I'll 
 
 li 
 
 iM 
 
I 
 
 552 
 
 Appendix IV — Wage Investioatiox 
 
 the year is the latest for which the figures are compiled. The 
 percentage of difference between the largest and smallest number 
 employed is nearly 45 per cent, in 'New Jersey, and about 25 per 
 cent, in the three other states. This latter figure corresponds 
 closely to the per cent, of difference in numbers employed in 
 quite a different locality, Kansas City, where a maximum of 900 
 and minimum of 670 were found, a difference of just about 25 
 per cent. 
 
 The statistics of " average number employed by months " 
 show, then, that a considerable part of the employees cannot find 
 work in the industry during the entire year. Being totals for a 
 large number of factories they do not, however, bring out the 
 real extent of the fluctuations in certain establishments. Some 
 factories hold their employees during the year much more 
 steadily than others, as is disclosed by a table of the monthly 
 fluctuations of numbers for the twelve largest factories in Massa- 
 chusetts. In the factory least affected by seasonal differences, the 
 smallest number employed in any month is 70 per cent of the 
 largest number, but in the factory most affected, the smallest 
 number is only 22.7 per cent of the largest number. 
 
 TABLE 4 
 CONFECTIONERY— MASSACHUSETTS, 191 x 
 Months Whin Minimum and Maxhittm Nitmbmw Ark Emplotbd. and Smallest Per Cent. 
 OF Maximum Employed in the Twelve Laroebt Candt Factories in Massachcsetts 
 
 (Adapted from the Report of the Massachusetts Commission on Minimum Wage Boards, p. 67) 
 
 Factokt No. 
 
 Month when 
 largest number 
 were employed 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 Oct. 
 Sept., Oct.. Nov., Dee. 
 
 IMp'*> 
 
 Nov. 
 Nov. 
 Nov., Dee. 
 Sept. 
 July 
 May 
 Oct. 
 Sept. 
 Oct. 
 
 Month when 
 
 smallest numtter 
 
 were employed 
 
 July 
 June, July. Aug. 
 Nov. 
 Jan. 
 Jan. 
 Jan. 
 Feb. 
 Oct. 
 March 
 July 
 AprU 
 Jan. 
 
 Per cent. 
 
 smallest 
 nuniber is 
 of largest 
 
 number 
 employed 
 
 22.7 
 70.0 
 67.7 
 65.7 
 65.2 
 66.8 
 60.1 
 80.3 
 73 8 
 43 3 
 73.9 
 62.0 
 
 However, even though a woman can find a place on the pay- 
 roll of some factory throughout the year, this does not mean that 
 
 Relation of Employment to Wage for Women 553 
 
 she does not lose time and money through slack work. As shown 
 in the description of the irregularity of a typical Massachusetts 
 factory, besides a probable closing of the factory for a week or 
 two, the day lost here and there and the shorter daily working 
 time — all decrease the hours she works and consequently her 
 pay. Almost all steady workers do suffer from such losses. In 
 Massachusetts, nearly 500 steady workers who remained in the 
 same factory throughout the year, were questioned as to time lost 
 Ninety-five per cent, of them lost time from industrial causes 
 during the year, missing an average of 20 entire working 
 days or over 3 weeks — nearly 7 per cent, of their whole 
 period of employment The table following shows that the larg- 
 est group lost between 25 and 30 entire days. Industrial condi- 
 tions were reported responsible for three-quarters of all the time 
 lost Since wages always decrease with time lost, in this way 
 alone, through the loss of entire days, the usual minimum wage 
 rate would fail to provide these steady workers with a living 
 wage by about 7 per cent Moreover, this does not include the 
 further extensive loss from short hours on days when but little 
 work is done. The " average number employed by months " in- 
 dicates, therefore, the extent to which workers cannot find a place 
 in the industry for the entire year, but conceals differences be- 
 tween establishments and tells nothing as to the effect of seasonal 
 irregularity on those workers who keep their places throughout 
 the vear. 
 
 table 5 
 CONFECnOWERY— MASSACHUSETTS, 1911 
 
 NcMBER or Entire Dats Lost by *' Steady " Women Workers Through Ixdustrial 
 
 Conditions 
 
 (Adapted from Report of the Commission on Minimum Wage Boards, pp. 263-267) 
 
 Number Work- 
 INO Days Lost 
 
 1-6 
 
 7-12 
 
 13-18 
 
 19-24 
 
 25-30 
 
 31-36 
 
 37-42 
 
 43-48 
 
 49-54 
 
 55-60 
 
 61-90 
 
 1 1-90 
 
 
 
 Number losing. . 
 
 50 
 
 56 
 
 67 
 
 84 
 
 122 
 
 49 
 
 15 
 
 6 
 
 5 
 
 1 
 
 1 
 
 456 
 
 23 
 
 Shifting. 
 
 In Xew York City, in the year studied by the Factory Investi- 
 gating Commission, September 1912 to September 1913, 45 per 
 cent, of the women stayed four weeks or less in the same place 
 and a total of GO per cent, less than three months; 16 per cent. 
 
 1 1 
 
 ' 'I 
 
 \ 
 
554 
 
 Appendix IV — Wage Investigation 
 
 remained from three to six months and 8.3 per cent, over six 
 months and less than eleven months. Only 12 per cent, held their 
 places over eleven months. (See Chart XI.) In Massachusetts 
 in 1913-14, the Minimum Wage Commission found the number 
 of months during which over 3,000 women in the fourteen largest 
 factories had remained in the same establishment. All those 
 leaving in less than four weeks were excluded and, considering 
 the large numbers who leave after a few days' work, the showing 
 is, in this way, made much more favorable. Even so, 36.9 per 
 cent, stayed less than three months and only 21.8 per cent, more 
 than eleven months. Twenty-three and a half per cent, re- 
 mained three to six months and 17.8 per cent, from six to eleven 
 months. An almost negligible percentage of the entire numbei 
 found employment for the entire twelve months. 
 
 There were, however, great differences between the different 
 factories in respect to the steadiness of their employees. One 
 establishment held 1 6 per cent, of its workers for the whole twelve 
 months, whereas four kept no workers at all throughout the entire 
 year. Those finding work for eleven months varied from 12 per 
 cent, to over 70 per cent. By occupations the differences were not 
 so marked. The skilled dippers were most permanent in tenure, 
 as might be expected, and the absolutely unskilled floor-girls the 
 least, but in general the different occupations ran pretty closely 
 together. 
 
 Like evidence, though from a slightly different point of view, 
 comes from the results of a federal investigation made in 1911 
 in the two widely separated states of Maryland and California. 
 The average number of weeks' employment yearly for all women 
 candy workers was thirty-nine in the one state and forty-five in 
 the other. Allowing for the fact that some of these workers must 
 have been steady throughout the year, many others must have 
 been able to find work for very short periods only. 
 
 Those who are dismissed on account of the slack season must 
 find it especially difficult to obtain other work, since they lose 
 their places after Christmas and in the summer, when most other 
 women's trades are dull. And in Massachusetts, in 1911, out 
 of about 850 such changes from factory to factory, 22 per cent 
 were said by the women changing to have been made on account 
 of slack work. 
 
 Relation of Employment to Wage for Women 555 
 
556 
 
 Appendix IV — Wage Investigation 
 
 Variation in Earnings 
 
 The effect of irregular employment upon income remains to be 
 considered. How much do steady workers lose on account of dull 
 seasons ? Do short period workers also lose ? Do time-workers 
 succeed in making their nominal rate of pay ? In comparing the 
 fluctuations in the total amount of wages paid out in New York 
 City, 1912-13, the percentage of difference between the largest 
 and smallest amounts by months is but slightly larger than the 
 monthly percentage of difference in numbers, 25 per cent for 
 wages and 23 per cent, for numbers. But when we examine the 
 total sums paid out each week, we find a difference of over 35 per 
 cent, between maximum and minimum, a variation considerably 
 greater than the 25 per cent difference in numbers employed by 
 weeks. Slack work must account for the periods when the wage 
 line dips far below the line for numbers. (See Chart X.) 
 
 In Massachusetts, the Commission on Minimum Wage Boards 
 made a study of losses in earnings among " steady " workers. 
 The average weekly earnings of 469 women who remained with 
 the same firm the entire year were found to be $5.33. The average 
 weekly earnings for those weeks in which they worked was $5.97. 
 Thus allowance was made for all absences for an entire week, 
 though not for losses from short time within a week. But even 
 this average weekly loss of 64 cents, excluding as it did part of 
 the loss from seasonal irregularity, was more than 10 per cent 
 of the average weekly income. This loss was produced "largely 
 by industrial causes " says the Commission. 
 
 Most of the women employees in candy factories are time 
 workers. This does not mean, however, that such workers who 
 keep their places during the slack season really make their nominal 
 weekly rate during that time. To illustrate this point the Massa- 
 chusetts !Minimimi Wage Board selected a single wage sheet from 
 one pay roll. It was a " typical sheet " selected at random and 
 contained the names of forty-three time workers, at work for the 
 factory an average of forty weeks during the year. That is, they 
 were comparatively steady workers. On the average, they re- 
 ceived their scheduled rate just a quarter of the time or ten weeks 
 out of the forty. Their average exceeded the rate nine times and 
 fell below it twentv-one times. !N'ot one received her rate for 
 
 Relation of Employment to Wage for Women 557 
 
 half the time she worked, or earned more than her rate as oft^ as 
 she earned less. In every case the actual average earnings of 
 these women if computed would have fallen below their rat«. Both 
 the report of the Massachusetts Minimum Wage Commission and 
 the New York State Factory Investigating Commission compare 
 rates and earnings for women in the confectionery industry m 
 1913, and both show earnings falling below the rates, though the 
 New York report took a week in the " normal " or busier season 
 and the Massachusetts report considered average weekly earnings 
 for the year. In New Y^ork City in the selected week only 19 
 per cent of the women were working at a rate of under $5, but 
 30 per cent, actually took home such amounts in their pay en- 
 velopes. In Massachusetts for the whole year 26 per cent were 
 rated under $5, but 49 per cent, actually earned such a sum. (See 
 
 Chart XII.) 
 
 A comparison between the possible hours based on full running 
 time, and the hours actually worked by 1,115 female time-workers 
 in three Massachusetts candy-factories during 1913, illustrates the 
 conditions probably responsible for this discrepancy. (See Chart 
 XIII.) In the first place the running time of the factories varies 
 considerably from season to season, falling off in the summer and 
 rising high before Christmas as the solid line shows. There are 
 two different reasons for this variation ; both illustrative of differ- 
 ent phases of industrial irregularity. The one is the great in- 
 crease in the number employed during the busy season ; the other, 
 the lengthening of the running time ten or fifteen per cent, at the 
 same period. But in only two or three weeks during the busy 
 season when overtime is undoubtedly worked, do the hours of 
 actual work (represented by the broken line), exceed or even so 
 much as equal this changing running time. For all the rest of 
 the year hours worked fall decidedly below possible hours. Such 
 a difference between actual and possible hours of work is found 
 among all classes of employees, the skilled dippers and " fancy 
 packers " as well as among the unskilled " plain packers." (See 
 Chart XIV.) It is true that a better organization of the industry- 
 would require a somewhat smaller labor-force and a few women 
 would thus be thrown entirely out of work if actual hours more 
 nearly equalled possible hours. On the other hand full timef 
 
 I 
 
658 
 
 Appendix TV — Wage Investigation 
 
 CHART XII 
 
 CONFECTIONERY PER CENT OF WOMEN 
 AT SPECIFIED AMOUNTS 
 
 40k 
 
 MAttACHUSETTS 
 Vn (U AVEUil ItU 
 
 30X 
 
 20X 
 
 ION 
 
 40K 
 
 NCV rdllK CITY 
 tCLEfcTCD VUK 
 
 MH 
 
 30K 
 
 lOK 
 
 1fl3 
 
 40X 
 
 aoN 
 
 aox 
 
 UMOCR ft4 %*'*99 »5-S.»9 96 • ft.»9 $7 . 7 •• ••-••• •• AMO QVU 
 
 tOK 
 
 40X 
 
 30X 
 
 aoK 
 
 tox 
 
 Relation of Employment to Wage for Women 659 
 
 z 
 
 rDQio 
 
560 
 
 Appendix IV — Wage Investioatiow 
 
 I 
 
 Relation of Employment to Wage foe Women 561 
 
 employment would be given to the majority of the workers, 
 which would seem to be the more desirable policy from all points 
 of view, for it is better for a few to be forced to look for other 
 employment, rather than to allow the whole force to drag on un- 
 der-employed and with reduced earnings. The existing situation 
 makes it evident that rates or running time can not at present be 
 considered a reliable index to actual earnings. 
 
 A special study of rates and earnings was made which included 
 every New York City candy factory which kept records of the 
 weekly rate of wages and actual weekly earnings of their women 
 workers. The rate-workers selected in this way were far above 
 the average, and included only the best factories, the steadier 
 workers, and in addition excluded a certain amount of unemploy- 
 ment. (See "Paper Box Industry, p. 536.) Yet in almost 
 every case earnings were found to be below the scheduled rate. 
 
 This group consisted of 1,063 time workers, the earnings of 
 953 or 89.7 per cent of this number fell below their rate of wages, 
 while for only 18 were earnings and rates equal, and 92 received 
 earnings higher than their rate of wages. Sixty-three and four 
 tenths per cent of the 953 women who suffered a loss in earnings, 
 lost more than 10 per cent of their rate; 18.8 per cent lost from 
 11 per cent, to 15 per cent. ; 25.3 per cent lost from 16 per cent, 
 to 25 per cent. ; and 19.3 per cent, nearly a fifth, lost over a 
 quarter of their supposed income. There are only slight differ- 
 ences in the severity of the losses suffered by the high and by the 
 low paid workers. 
 
 Of those earning under $5, 72.1% lost over 10% of wages. 
 
 Of those earning $5-$5.99, 62.3% lost over 10% of wages. 
 
 Of those earning $6-^6.99, 59.5% lost over 10% of wages. 
 
 Of those earning $7-$7.99, 57.4% lost over 10% of wages. 
 
 Of those earning $8-$8.99, 57.4% lost over 10% of wages. 
 
 Of those earning $9 and over, 66.3% lost over 10% of wages. 
 
 But many of the women who stayed only a short time in the 
 same factory lost more heavily than did the more i)ermanent 
 workers. 
 
 Of those staying 1-4 weeks in same factory, 84.1% lost 
 over 10% of wages. 
 
 » 
 
562 
 
 Appendix IV — Wage Investigation 
 
 Of tliose staying 5-13 weeks in same factory, 71.2% lost 
 over 10% of wages. 
 
 Of those staying 14-26 weeks in same factory, 48.2% lost 
 over 10% of wages. 
 
 Of those staying 27-47 weeks in same factory, 61.2% lost 
 over 10% of wages. 
 
 Of those staying 48-52 weeks in same factory, 44.7% lost 
 over 10% of wages. 
 
 TABLE 6 
 CONFECTIONERY — NEW YORK CITY, SEPTEMBER. 1911-1913 
 Selectxd Female Time workers over 16. Comparison or Rate or Pay and Actual 
 
 AvESAOc Weeklt Earnings 
 lA. Number Louxo Given Percentaob or Their Rate, bt W.\oe Groups 
 
 Rate 
 
 percentage lost 
 
 5 per cent, 
 or leas 
 
 6-10 
 per cent. 
 
 11-15 
 per cent. 
 
 16-25 
 per cent. 
 
 Over 25 
 per cent. 
 
 ToUl 
 
 Under S5 00 
 
 22 
 59 
 42 
 21 
 11 
 16 
 
 31 
 65 
 58 
 16 
 8 
 10 
 
 35 
 58 
 44 
 17 
 6 
 19 
 
 48 
 74 
 56 
 26 
 16 
 21 
 
 54 
 
 59 
 
 47 
 
 9 
 
 4 
 11 
 
 190 
 
 305 
 
 247 
 
 89 
 
 45 
 
 77 
 
 S5 00- 5 99 
 
 6 00- 6 99 
 
 7 00- 7 99 
 
 8 00- 8 99 
 
 9 00 and over 
 
 
 Total 
 
 161 
 
 188 
 
 179 
 
 241 
 
 184 
 
 953 
 
 IB. Per Cent. Losing Given Percentages or Their Rate, bt Wage Groups. 
 
 Rats 
 
 
 
 percentaoe lost 
 
 5 per cent, 
 or leas 
 
 6-10 
 per cent. 
 
 11-15 
 per cent. 
 
 16-25 
 per cent. 
 
 Over 25 
 per cent. 
 
 Total 
 
 Under $5 00 
 
 11.6 
 16.1 
 17.0 
 23.5 
 24.4 
 20.8 
 
 16.3 
 21.3 
 23.5 
 17.9 
 17.8 
 12.9 
 
 18.4 
 19.0 
 17.9 
 18.1 
 13.3 
 24.7 
 
 25.3 
 24.2 
 22.6 
 29.2 
 35.5 
 27 3 
 
 28.4 
 19.1 
 19.0 
 10.1 
 8.9 
 14.3 
 
 100.0 
 100.0 
 100.0 
 100.0 
 100.0 
 100.0 
 
 $5 00- 6 99 
 
 6 00- 6 99 
 
 7 00- 7 99 
 
 8 00- 8 99 
 
 9 00 and over 
 
 
 Total 
 
 16 9 
 
 19 7 
 
 1ft A 
 
 25.3 
 
 19 3 
 
 100.0 
 
 
 
 
 
 * 
 
 Relation of Employment to Wage for Women 563 
 
 2A. Numbers Losing Given Percentages or Their Rate, bt Length or Time in Same 
 
 Factory 
 
 Length or Time in 
 Same Factory 
 
 percentage lost 
 
 5 per cent, 
 or less 
 
 fr-10 
 per cent. 
 
 11-15 
 per cent. 
 
 16-25 
 per cent. 
 
 Over 25 
 per cent. 
 
 Total 
 
 1— 4 weeks 
 
 15 
 31 
 25 
 19 
 
 71 
 
 20 
 35 
 35 
 36 
 62 
 
 21 
 48 
 14 
 
 55 
 
 44 
 74 
 36 
 37 
 50 
 
 121 
 
 45 
 
 6 
 
 9 
 
 3 
 
 221 
 
 5—13 weeks 
 
 233 
 
 14—26 weeks 
 
 116 
 
 27-47 weeks 
 
 142 
 
 48-52 weeks 
 
 241 
 
 Total 
 
 161 
 
 188 
 
 179 
 
 241 
 
 184 953 
 
 2B. Per Cent. Losing Given Percentages or Their Rate, by Length or Time in Same 
 
 Factory 
 
 Length or Time in 
 Same Factory 
 
 percentage lost 
 
 
 
 5 per cent. 
 or less 
 
 6-10 
 per cent. 
 
 11-15 
 per cent. 
 
 16-25 
 per cent. 
 
 Over 25 
 per cent. 
 
 Total 
 
 J— 4 weeks . . . . t 
 
 6.7 
 13.3 
 21.5 
 13.4 
 29.4 
 
 9.0 
 15.0 
 30.2 
 25.3 
 25.7 
 
 9.5 
 20.6 
 12.0 
 28.9 
 22.8 
 
 19.9 
 31.3 
 31.0 
 26.0 
 20.7 
 
 54.7 
 
 19.3 
 
 5.2 
 
 6.3 
 
 1.2 
 
 100.0 
 
 5—13 weeks 
 
 100.0 
 
 14-26 weeks 
 
 100.0 
 
 27-47 weeks 
 
 100.0 
 
 48-52 weeks 
 
 100.0 
 
 Total 
 
 16.9 1 19.7 1 18.8 
 
 25.3 
 
 19.3 100.0 
 
 Only 12 of the 92 women whose average weekly earnings ex- 
 ceeded their rate, gained more than 10 per cent. Fifty-three or 
 over half gained 5 per cent or less, and 27 gained between 5 per 
 cent and 10 per cent. Not only did far fewer women gain than 
 lose, but the gains were not so great as the losses. The gains fell 
 with about equal frequency among the different wage groups, but 
 the short period workers were the group more often found to gain, 
 probably because more of them are at work only through the 
 
 busy season. 
 
 We find therefore these steadier workers in the better factories 
 suffering at the most conservative estimate losses which average 
 15 per cent, from their nominal rate of pay. Undoubtedly the loss 
 of other women in the trade would be much greater. Unless 
 the seasonal irregularity of the industry were overcome, or wage- 
 
 i 1 
 
 >> I 
 
564 
 
 Appendix IV — Wage Investigation 
 
 m 
 
 s 
 
 I- 
 o 
 
 o 
 
 >- 
 >< u 
 
 ff . 
 < >- 
 
 z tc 
 
 o u 
 
 z 
 
 o 
 
 p 
 o 
 
 hJ 
 
 h. 
 
 Z 
 
 o 
 u 
 
 U (0 
 
 ^ z 
 
 5 ^- 
 
 ^ i 
 
 IJ m 
 
 u S 
 
 til 5 
 
 o < 
 
 (0 
 u 
 
 o 
 
 < 
 
 u 
 
 < 
 
 id 
 
 > 
 
 o 
 
 u. 
 
 Kelation of Employment to Wage foe Women 565 
 
 CHART XVI 
 CONFECTIONERY NEW YORK CITY. 
 WEEKLY WAGES OF THREE PIECE-WORKERS 
 FOR THREE MONTHS 
 
 WCCK 40 «l *2 «a 
 
 s? mcck 
 
 4 
 
 < I 
 
 - I 
 
566 
 
 Appendix IV — Wage Investigation 
 
 <^ 
 
 losses from irregular work are compensated in some way, there- 
 fore, how can we but question the effectiveness of insuring the 
 women in it a living income by the usual minimum wage rate? 
 
 But in any average or aggregate extreme differences are 
 smoothed down and the greater fluctuations disappear. If we 
 want to realize the human side of the problem, how individual 
 girls are affected by these wage differences, we must select indi- 
 vidual workers and find out what they get week by week. As 
 was done in the section on the Paper Box Industry, six workers 
 were chosen, three piece workers and three time workers. They 
 were " steady representative workers," each employed nearly the 
 whole year in different factories. The three piece workers, Mary 
 and Nancy and Mamie had an average weekly wage of $7.10, 
 $5.69, and $9.35, respectively. These averages conceal great 
 differences from week to week as the Charts (XV and XVI) show. 
 The first chart represents each girl's weekly wages averaged by 
 months; the second, her wages week by week for tlie third quarter 
 of the year (which is not highly irregular) in order to show the 
 fluctuations concealed by a monthly average. Mary received as 
 little as $4.20 one week and as much as $10.01 another. Nancy 
 received only fifty cents one week. The next week she did not 
 work at all. However, excluding this as possibly caused by per- 
 sonal reasons, another week she made $2.91, while her best week 
 she received $8.79. Mamie's weekly wage varied between $3.27 
 and $14.37. Instead of the average 35 per cent, difference, we 
 have 58 per cent., 66 per cent, and 72 per cent., as the difference 
 between the largest and smallest weekly wages of these steady 
 workers. The surprising fact to those unfamiliar with present 
 day factory work, is that nearly as great a variation occurs in the 
 wages of the three time workers as among the piece workers 
 (see Chart XVII). Teresa is supposed to be paid $5.62 every 
 week in the year. In reality, her highest weekly wage is $8.90 
 and her lowest $2.44, a difference of 72 per cent Rose's rate is 
 $7. She never gets more than this, but for two or three weeks, 
 her actual wage falls as low as $4.67, just about a third below her 
 rate. Anna with a rate of $6.50, gets a minimum of $3.79 and a 
 maximum of $8.45, more than twice as much. Not one of the 
 three " makes up in the busy season what she loses in the dull " 
 
 Relation of Employment to Wage for Women 567 
 
568 
 
 Appendix IV — Wage Investigation 
 
 as we are often told most workers do, for in each case the average 
 weekly wage falls below the rate. Teresa drops below her rate 
 an average of 24 cents weekly, Rose 58 cents, and Anna 63 cents. 
 The average percent^es lost weekly are 4 per cent., 8 per cent 
 and 9 per cent Similar conditions among individual workers 
 were found by the Massachusetts Commission on Minimum Wage 
 Boards. They considered the case of " Bridget G " typical. She 
 was 26 years old and had wrapped candy for one firm nearly seven 
 years. Her weekly rate was $0, Init in 1011 industrial lay-offs 
 brought her average weekly wage down to only $4.97, a loss from 
 her meager full time earnings of 17 per cent. 
 
 Overtime Earnings. 
 
 It is already evident from the constant deficit in earnings when 
 compared with rates that the steady worker does not find her 
 " gains from overtime " equalling her losses from undertime. 
 There are two reasons for this. The first is simply that the dull 
 season is longer than the busy one. A glance at the charts show- 
 ing monthly changes in numbers and wages will confirm this. 
 Roughly from these charts, the proportions of slack and rush 
 work are 33 weeks to 17 weeks. Then also rate-workers always 
 fall below their rate manv more weeks than thev climb above it 
 For instance, Teresa, one of those *' representative workers " in 
 New York City was 36 weeks below her rate and only 14 weeks 
 above it In the second place, not all employees work overtime; 
 in California in 1911, a quarter of the candy workers did not 
 and in Maryland in the same year a fifth did not. All facts 
 point to the conclusion that it is not so easy to '^ gain from over- 
 time and make up for the slack season," even if tlie necessary long 
 hours were thought desirable. 
 
 Summary. 
 
 Busy and dull seasons alternate in candy factories in the same 
 way that they do in paper box factories. The industry is busiest 
 in the fall, active before Easter and slack after Christmas and in 
 the summer. On account of these seasonal variations, at least 26 
 per cent, of the whole number of women employed can find 
 places in the trade only during the four fall months. Part of 
 
 Relation of Em1»loyment to Wage for Women 569 
 
 the great flux of workers in the industry, therefore, is not the 
 fault of the workers themselves The steady workers also lose in 
 time and consequently in wages during the dull season, both 
 through shorter hours and through the occasional closing of a de- 
 partment or the whole factory for a few days. These losses in 
 wages can be brought out in several different ways. There is a 
 36 per cent variation in wages week by week in New York in con- 
 trast to a 25 per cent fluctuation in numbers. In individual cases 
 the difference rises as high as 75 per cent. These fluctuations 
 result in wage losses. A comparison between the average weekly 
 rate and earnings of over a thousand rate workers in New York 
 City show that 89 per cent, of them did not make their rate and 
 that their average loss was about 15 per cent. The same state of 
 affairs was found to exist among " annual '' workers and among 
 women employed for shorter periods in Massachusetts. 
 
 The Minimum Wage Commission of that State has described 
 a typical worker as '* less than 25 years old, earns less than $6 a 
 week ; works on an average less than 46 hours weekly, and is out 
 of work twenty or more weeks during the year." 
 
 We can come therefore to but one conclusion about a minimum 
 wage in the confectionery industry. In view of the seasonal 
 nature of the industry, a minimum flat rate without regard to 
 the amount of employment will never give the girl in the candy 
 factory a living wage. Yet large numbers of them look to this 
 industry alone for their support. The Massachusetts Commis- 
 sion, for example, reports that in spite of its irregularity, 68 per 
 cent out of 900 workers questioned depended entirely on this one 
 industry for a living. Nor can those girls who hold their places 
 in the slack season well do otherwise, with the slack periods so 
 scattered as they are, a day here and a day there; while, as has 
 been said, the casual workers, dismissed after Christmas, have to 
 hunt for work in a time when most other industries are also slack. 
 A minimum wage in this industry, to give the women a " living 
 income " must either build on a basis of greater regularity than 
 exists at present, or make an adequate allowance for the losses 
 from seasonal irregularity. 
 
CLOTHING 
 
 INTRODUCTION 
 
 The seasonal irregularity of the various " needle trades " is 
 notorious. For this irregularity, it is hard to say whether we 
 should hold climate or human nature responsible. We naturally 
 need different clothing for winter and summer. At the same 
 time the custom of " something new for Easter " and the ever 
 changing styles, especially in woman's clothing, tend to increase 
 the concentration of retail trade in two short seasons, spring and 
 fall. 
 
 Years ago retail buyers placed their orders for goods a long 
 time before the selling season, and manufacturers, « too, made up 
 goods for stock, expecting to get orders when the season came 
 around. This kept the employees at work the greater part of the 
 time. Recently, however, the custom has become more and more 
 prevalent for buyers to place their orders just before the selling 
 season and frequently in smaller lots, at periods during the 
 height of the season. Quick delivery is always expected. This 
 produces a short rush season of overtime and overwork and then a 
 long period of slack time with little or no work. A great num- 
 ber of women are affected by this extreme irregularity, for the 
 " needle trades " are well to the front among industries employ- 
 ing women. 
 
 That all garment workers alike suffer from this cause is evi- 
 dent from the statistics of unemployment among union members 
 in Massachusetts and New York. In Massachusetts the percent- 
 age out of work on the last day of each quarter is reported. This 
 percentage, for the years 1910-12, averaged 9.2 per cent, at the 
 end of the first quarter, 11.7 per cent, at the end of the second, 
 20.1 per cent, at the end of the third, and 38.7 per cent at the 
 end of the fourth. The general average for the three years was 
 19.9 per cent. 
 
 The New York figures for the same years run perhaps a little 
 lower, but they are taken for the end of ^farch and the end of 
 September, when the trade dullness is by no means at its worst 
 Figures are also given to show that approximately 95 per cent 
 
 [570] 
 
 Relation of Employment to Wage for Women 571 
 
 h 
 
 of all the unemployment in this industry in New York state is 
 caused by slack work. For women union members, the average 
 number of days employed quarterly in the first and third quarters 
 of a year, is also given. The full number of working days in a 
 quarter is about 75, but from 1910 to 1912, these women aver- 
 aged only from 39 to 64 days of work in a quarter, while 55 days 
 is a representative figure for a general average. Roughly speak- 
 ing they lost not far from a quarter of their time. 
 
 While idleness on account of trade conditions, therefore, is a 
 burden to all garment workers, there is some difference in con- 
 ditions between work on men's and women's clothing. The 
 former includes the figures for such articles as bath-robes, rain- 
 coats and smoking jackets, staple lines for which the demand 
 varies little and which can be made for stock if necessary. The 
 workers on these goods are therefore little troubled by seasonal 
 differences, and this fact, together with a somewhat more steady 
 demand without very sharp changes in style, causes somewhat less 
 irregularity in the manufacture of men's clothing than women's. 
 On this account the two divisions of the trade are considered 
 separately. 
 
 MEN'S CLOTHING 
 
 General Statistics 
 Few factory industries employ more women than does the 
 manufacture of men's clothing. An average of 133,101 women, 
 16 years of age and over, were at work in this line in 1909, ac- 
 cording to the United States Census of Manufactures. Ten 
 years before the number had been only 99,000. Though the 
 male workers were increasing somewhat more rapidly than the 
 female and the proportion of women was therefore slightly de- 
 creasing, yet the women were still in the majority, forming 55 
 per cent, of all wage earners. The states employing the largest 
 numbers of women workers on December 15, 1909, were New 
 York with 40,000, Illinois with 19,000, Pennsylvania with 16,- 
 000 and Maryland with 10,000. Other States employing over 
 2,000 adult women were Indiana, Massachusetts, Missouri, New 
 Jersey, Ohio and Wisconsin. New York held decidedly the first 
 place, but the industry was fairly well scattered over the leading 
 manufacturing states. 
 
r 
 
 572 
 
 Appendix IV — Wage Investigation 
 
 Seasonal Vaeiations 
 
 For the most part the fluctuations in the trade follow the 
 familiar course of busy in the fall and in the spring, dull after 
 Christmas and in the summer. On the whole, the spring busy 
 season is more active and lasts longer than in many other trades 
 with a correspondingly later and slighter rush in the fall. In a 
 few localities, as Philadelphia and Baltimore, the first half of the 
 year is a good deal busier than the last half. In Kentucky in 
 1911, the " Commission on the Condition of Working Women" 
 found that at least three months a year were slack. Some em- 
 ployees are discharged as the slack season comes on, the rest work 
 short hours, and on many days find the shop closed entirely, so 
 that their earnings fall off. 
 
 Sarah M. may represent the unlucky ones whom the industry 
 cannot use all the year. She had been earning only $3.50 a 
 week, and then one day work was slack and her employer turned 
 her off. For three months she could not get work. " She had 
 saved $6 and that partly paid for a place to sleep with a family 
 about as poor as she was. She had lived for weeks on two cents 
 worth of bread a day and a little tea, and after three m6nths of 
 this seemed surprised that she had * queer feelings in the 
 stomach ' and palpitation of the heart. Her landlady sometimes 
 cooked a supper for her, charging only 10 cents, which barely 
 covered the cost of the food, did her washing, and helped her in 
 every way she could."^ Thus by the kindness of the poor to the 
 poor were the vicissitudes of seasonal industry endured. 
 
 The case of Esther G.^ illustrates the troubles of the worker 
 who is not discharged outright in the slack season. But at that 
 time she could get only enough work to bring her average weekly 
 earnings of $1.96. This did not pay her expenses, so ''her land- 
 lady trusted her for her room rent, she used what little money 
 she had to buy food, and when the busy season came again began 
 to pay off the burden of debt which she had accumulated." 
 
 1 Women and Child Wage Earners, Vol. V., p. 67. 
 
 2 Ibid. 
 
 »? 
 
 Relation of Employment to Wage for Women 573 
 
 CHART XVIll 
 MEN'S CLOTHING 
 AVERAGE NUMBER EMPLOYED BY MONTHS. 
 
 (MAXMMUM - 100»d 
 
 toox 
 
 •Ok 
 
 -•OX. 
 
 TOK 
 
 UN 
 
 KEIfl 
 
 NALEI 
 
 lOOK 
 
 •ox 
 
 •OX 
 
 SOOK 
 
 ;lotiiin6 a MipiTt 
 
 TED 
 
 STATCt 
 
 I90t 
 
 flOTIMNfl'* 
 ^CMALCSiVEllW 
 
 wo% 
 
 •ox 
 
 •OK 
 
 70X 
 
 100K 
 
 •OX 
 
 eox 
 
574 
 
 Appendix IV — Wage Investigation 
 
 Statistics of Irregclab Employment 
 In the clothing trade the '' average number of days in opera- 
 tion yearly " are somewhat more significant of the actual situa- 
 tion than usual because of the many days when the factories are 
 entirely closed. In 1912, the average days in operation in 
 Massachusetts was only 273 and in l^ew Jersey, 233. That is, 
 in Massachusetts the steady workers lost some 10 per cent, of their 
 time from the closing of the whole factory for entire days and 
 in New Jersey they lost nearly a quarter of their time in this 
 way. Their full time earnings would be reduced proportion- 
 ately from this one factor alone without allowing for all the short 
 time on days when a little work is done. 
 
 Variations in the ^' average number employed by months " 
 have been given for the whole United States in 1909 and for 
 Massachusetts and New Jersey in 1912. (See Chart XVIII.) 
 The differences are not extreme, about 10 per cent at the most, 
 though half of this difference or 5 per cent can find places for 
 only three months out of the year. In this industry, the busy 
 and slack seasons may not come at the same part of the year in 
 different localities and different sorts of shops, and whenever 
 this happens, the average smooths down the differences. This 
 is often the case, as the diagram shows, for the variations in 
 New Jersey do not correspond with those of the United States 
 as a whole. Some figures from a federal report on the industry 
 make this still more evident The five leading centers for the 
 trade are considered, New York, Chicago, Rochester, Philadel- 
 phia and Baltimore, where altogether 68.2 per cent of the men^s 
 clothing manufactured in the United States was turned out in 
 1909. Though according to the dates of the week when fewest 
 and the week when most were employed the general tendency 
 toward slack work in the summer and after Christmas and a 
 busy season in the spring and late fall was clear, yet there was 
 considerable variation between the different cities. 
 
 Still more striking are the differences in steadiness of num- 
 bers employed between the various cities and the various kinds 
 of shops. (See Table 7.) The basis of comparison here used 
 is the per cent which the maximum and minimum numbers 
 
 I'? 
 
 Relation of Employment to Wage for Women 575 
 
 form of the average number employed, instead of, as in other 
 schedules, the per cent, which the smallest monthly average is of 
 the greatest. In cities, Rochester, with only 16 per cent, differ- 
 ence between this smallest and largest per cent, of the average 
 number employed, forced less unemployment on its workers than 
 Philadelphia with its difference of 29 per cent, and far less than 
 Baltimore with its difference of 54 per cent. Since percentages 
 are given for only one shop in New York, no general deductions 
 can be made for that city. In Kentucky, the Commission on the 
 Condition of Working Women found a 50 per cent, difference in 
 1911 between the numbers in the busy and in the slack season. 
 This greater steadiness of the trade in Rochester is probably due 
 to the fact that the " inside " shop prevails there, that is, the 
 large factory where a single firm controls the manufacture from 
 beginning to end. 
 
 Regularity of work in the different kinds of shops may be com- 
 pared from the Chicago figures. In the " inside shops," the 
 difference between the largest and smallest number employed was 
 only 8 per cent, a result similar to the general averages. But 
 in two " contract shops," where a contractor has the clothing 
 made up which he gets from an entrepreneur, the differences were 
 naturally much greater, 17 per cent, and 32 per cent Three 
 " special order " shops were investigated, two in Chicago and one 
 in New York. In a " special order shop " suits are made to in- 
 dividual measure, but under factory conditions. Such a shop is 
 the link between custom tailoring and ready made clothing. 
 Since work is done as the orders happen to come in, the irregular- 
 ity there was great^t of all. In the two Chicago shops, the 
 fluctuations were 51 per cent and 90 per cent, and in the one in 
 New York City the difference was 73 per cent In these last 
 two shops more than half of the workers must have been thrown 
 out of employment for a part of the year. This is quite a differ- 
 ent story from the 10 per cent, of the general average, and goes 
 to show once more how such averages may cover up the real con- 
 ditions. 
 
676 
 
 1 
 
 Appexdix V — Wage Investigation 
 
 Table 7 
 
 (Adapts ,^ Wo... ^ c^Twj:^^:zTo:::7Z'"r ^""™" 
 
 Kino or Shop 
 
 PBH CENT, or 
 
 AVERAOB NUMBER 
 or BMPLOTBK8 
 
 Smallest 
 
 Largest 
 
 rn CBMT. or 
 
 AVUUaB WBBKLT 
 PA TROLL 
 
 Smalleet 
 
 Largest 
 
 p«« CBNT. or 
 
 i^VBBAOB WEBKLT 
 BAB>aNOS 
 
 Smallert Larfest 
 
 Large inside shops | 
 
 " Contract vest shop," 
 
 Scandinavian 
 
 " Contract coat shop,' 
 
 Bohemian 
 
 " Contract coat shop," 
 
 German 
 
 Ready-made clothing 
 
 " Special order shop "... 
 / Special order shop "... 
 
 I. Chicaoo 
 
 95.3 
 88.6 
 87.5 
 
 103.6 
 
 85.9 
 
 112.9 
 
 • 
 
 85.0 
 
 120.0 
 
 67.5 
 
 112.6 
 
 76.2 
 
 104.2 
 
 74.5 
 
 123.9 
 
 71.6 
 
 103.6 
 125.8 
 118.0 
 
 56.5 
 85.9 
 42.6 
 47.8 
 
 135.9 
 116.3 
 166.7 
 128.0 
 
 85.0 
 29.7 
 25.2 
 
 All. 
 AU. 
 AU. 
 
 .1 
 
 " Special order ah<^ **. . 
 " Inside contract shop " 
 
 •I 
 
 95.3 
 74.2 
 28.8 
 
 II. R0CHE8TBB 
 93.8 I 109.9 I 92.3 | 
 
 III. Philadelphia 
 79.1 I 108.4 I 47.2 I 
 
 rv. Baltimosb 
 72.1 I 126.6 1 55.6 1 
 
 V. New York Citt 
 fi2.2 I 125.8 
 
 32.1 
 63.6 
 
 112.2 I 
 
 125.2 I 
 
 « 
 
 131.3 I 
 
 158.2 I 
 117. 7 
 
 98. 4 I 
 5(.3 I 
 63.4 ( 
 55.1 
 
 112.5 
 112.3 
 123.6 
 
 112.5 
 171.9 
 146.4 
 
 104.2 
 117.6 
 118.6 
 138.0 
 
 Brides the entire closing of the shops, brought out by the 
 statistics of "days m operation" and the smaller numbers em- 
 ployed in the busy season, shown by the « number employed by 
 months," there is the whole question of short^time which is much 
 more common than might be thought. The government investiga- 
 tion already referred to computed for a "representative week" 
 the average weekly hours actually worked and the actual average 
 weekly pay and compared the results with full time hours and 
 full time rates of pay. (See Table 8-a.) The percentage of loss 
 m hours and that of loss in wages is almost identical and forms 
 one more proof of the absolute dependence of factorv-yvorkers' 
 wag^ on the number of hours they work. There was 'a decided 
 loss from full time hours and full time rates of pay in every 
 city, varying from about 10 per cent in Rochester to more than 
 20 per cent in Baltimore - and it must be remembered that this 
 
 Relation of Employment to Wage foe Women 577 
 
 period is supposed to be a " normal week " — rather busy than 
 dull. Once more we can see the ineffectiveness of a wage-rate as 
 a measurement of the actual pay received. Furthermore, there 
 was absolutely no uniformity about the weekly hours that differ- 
 ent women worked. (See Table 8-b.) In Chicago, in this same 
 " representative week," 7 per cent of the women worked over- 
 time, but 41 per cent, less than full time. In one establishment 
 of that particularly irregular type, the " special order house," 
 over a quarter of the women worked overtime yet nearly a third 
 worked less than three days in the selected week. It is impos- 
 sible then under present conditions of irregularity to assume that 
 all the workers will gain from possible overtime at busy seasons 
 or will be able to reach any one level of wages. 
 
 table 8 
 
 MEN'S clothing — five LEADING CENTERS OF THE INDUSTRY, 1907-8 
 A. Full-time and Actual Working Time, Full-time Wages and Actual Avebage Wages 
 in a " Representative Week." Women 16 and Over 
 
 (Adapted from " Woman and ChUd Wage-Earners, Vol. II. pp. 107, 125 and 161) 
 
 Cmr 
 
 Rochester . . . 
 
 Chicago 
 
 New York . . . 
 Philadelphia. 
 Baltimore . . . 
 
 Average 
 
 regular 
 
 weekly 
 
 hours 
 
 Average 
 
 hours 
 
 actuallv 
 
 worked 
 
 during 
 
 week 
 
 Per eent. 
 time 
 lost 
 
 during 
 week 
 
 Per cent. 
 
 wages 
 
 lost 
 
 during 
 
 week 
 
 Computed 
 
 full 
 
 time 
 
 earnings 
 
 54.6 
 54.3 
 67.2 
 54.6 
 67.7 
 
 49.2 
 48.4 
 49.9 
 47.4 
 45.8 
 
 9.7 
 10.9 
 12.7 
 13.2 
 20.6 
 
 9.8 
 11.0 
 12.6 
 12.9 
 20.6 
 
 $7 68 
 8 03 
 6 57 
 6 89 
 6 07 
 
 Average 
 actual 
 weekly 
 
 earnings 
 
 for the 
 
 week 
 
 $6 93 
 7 15 
 6 74 
 6 00 
 4 82 
 
 B. Per Cent, or Women in Chicago, 1907-8, Working Overtime, Full-time, and Specified 
 Numbers of Days per Week in a " Representative Week." Women 16 and Over 
 
 . (Adapted from "Woman and Child Wage-Earners, Vol. II, pp. 110-112) 
 
 Kind of Shop 
 
 Overtime 
 
 Full time 
 
 5 days — 
 full time 
 
 3-5 days 
 
 Less than 
 3 days 
 
 All 
 
 7.5 
 
 27.1 
 
 3.4 
 
 50.8 
 11.3 
 59.0 
 
 11.7 
 2.2 
 
 13.8 
 
 20.9 
 28.1 
 19.1 
 
 9.1 
 
 31.3 
 
 4.7 
 
 " Special order '* shop 
 
 " Rervdy-Made " establishment 
 
 Shifting 
 
 This same federal report finds that only 18 per cent of the 
 workers stayed in the factories investigated for a whole year. 
 (See Table 9.) Sixteen per cent, remained from fifteen to 
 thirty weeks, and the same proportion from thirty to fifty weeks, 
 20 per cent from five to fourteen weeks, and 28 per cent. 
 Vol. 11 — 19 
 
578 
 
 Appendix IV — Wage Investigation 
 
 less than five weeks. Workers remained longest in Kochester, 
 then Philadelphia, Chicago and Baltimore followed in the order 
 named. These cities have the same rank in variations in the 
 numbers employed. It seems probable, therefore, that many 
 workers, after a few weeks' work were forced out of the garment 
 trade into other work or into unemployment. 
 
 TABLE 9 
 
 MEN'S CLOTHIlfG — FIVE LEADING CENTERS OP THE INDUSTRY, 1907-8 
 
 Pbb Cbnt. of Emplotecs REM.UNIN0 GrvBN Numbers of Weeks in the Same Factoht 
 
 (From Woman and Child Wage-Earaers, Vol. 11, p. 166) 
 
 NuMBCH OF Weeks in Same 
 Factouy 
 
 Under 5. . . . 
 
 5-14 
 
 15-29 
 
 30-49 
 
 50 and over . 
 
 Rochester 
 
 Philadel- 
 phia 
 
 Chicago 
 
 Baltimore 
 
 11.8 
 17.8 
 13.7 
 22.4 
 34.3 
 
 17.3 
 21.8 
 21.6 
 17.4 
 21.9 
 
 34.9 
 21.4 
 16.1 
 13.6 
 14.0 
 
 38.2 
 20.2 
 10.9 
 15.3 
 0.4 
 
 Total 
 
 28.3 
 
 20 6 
 IG.O 
 16 
 18.3 
 
 Variation in Earnings 
 
 Finally we come to the more important point, the effect of this 
 seasonal irregularity upon earnings. For such wage fluctuations, 
 though we have no one general set of figures, yet we have a few 
 for the different kinds of shops in the leading cities of the trade, 
 figures which are comparable to those of the fluctuations in num- 
 bers. First, this federal report gives the per cent, of difference 
 between the largest and smallest total amount of wages paid out 
 in different weeks during the year for all workers. Then, there is 
 given also the percentage of variation between the largest and 
 smallest average weekly wage. The latter may fairly be said to 
 give an idea of the extent to which steady workers* earnings 
 suffer from the irregularity of the trade. Except in Rochester, 
 where there is only a 6 per cent, variation, these differences are 
 always large. (See Table 7.) With these figures may be com- 
 pared the results of investigation in Kentucky, where the Com- 
 mission on the Condition of Working Women in 1911 found 
 average weekly wages of $5-$6 in " normal " times, rising to $6- 
 $7 during the busy season, but falling as low as $l-$4 for those 
 having any work at all in slack periods. 
 
 The other set of variations, differences in the total pay-roll, 
 result both from differences in the numbers employed and from 
 changes in the amounts earned by the steady workers as well. 
 
 Relation of Employment to Wage for Women 570 
 
 Naturally, then, fluctuations in wages are greater than the dif- 
 ferences in numbers alone. (See Table 7.) In one instance, that 
 of a " contract coat shop — Bohemian " in Chicago, where the 
 number of workers varied only 17 per cent, from season to sea- 
 son, the wages varied 49 per cent., indicating the tremendous loss 
 from slack time suffered by the steady workers. 
 
 Another estimate of the loss in earnings from short time and 
 seasonal irregularity was made by the Wisconsin State Federation 
 of Labor for union members in 1913. Among garment workers, 
 both men and women, the actual average yearly earnings were 
 $432 and the computed full time yearly earnings $512. The 
 difference is 15.7 per cent and this loss occurred among both sexes, 
 including men who being the more highly skilled workers gener- 
 ally suffer less from irregularity, and among union members with 
 whom trade conditions are always at their best. 
 
 WOMEN'S CLOTHING 
 
 General Statistics 
 A very large number of adult women are also employed in the 
 manufacture of all kinds of women's clothing. A decline in 
 home dress-making is evident from the great increase in the 
 number of women wage-earners in this industry — an increase of 
 54 per cent, from the 56,000 employed in 1899 to the 97,000 
 employed in 1909. Proportionally, however, there was a slight 
 tendency for men to replace women, but female employees were 
 still decidedly in the majority in 1909, being 63 per cent, of the 
 whole working force, though in 1899 they were about 68 per 
 cent. The trade is extremely concentrated, centering in New 
 York City, where nearly 59,000 — over half the total number of 
 women workers — were found on December 15, 1909. The next 
 state, Pennsylvania, was a long way behind with only 11,000 and 
 Ohio came third with only 6,000. Conditions in Xew York 
 City, then, may well be considered in detail. 
 
 Seasonal Variations 
 
 There are no staple articles comparable to those in men's cloth- 
 ing, made in the woman's clothing trade which feels the full 
 effect of rapid changes in style and of an eager demand at two 
 
o 
 
 80 
 
 AppENDix IV — Wage Investigation 
 
 short seasons of the year. In the spring as many employees as 
 can be gotten together work long hours, frequently overtime, 
 under high pressure. Then work drops off, till July can only 
 be described as " dead." The trade begins to pick up again in 
 August and is busy through the fall, though hardly as intensely 
 so as in the spring. By the end of November most women have 
 bought their winter outfits, and everything is slack again till 
 February. The result of these two busy and two dull sea- 
 sons is that many women can find work only a small part 
 of the year, and that the rest see their wages drop off 
 and find the shops closed entirely for many days during 
 the slack season. Dr. Woods Hutchinson, studying the 
 situation in the dress and waist industry in New York City 
 in 1910 described it as ** good work for four months, moderate for 
 six, and very little for two months out of every year." The case 
 of Kachel, a shirt-waist operative, cited by Mrs. Clark and Miss 
 Wyatt in " Making Both Ends Meet," illustrates how tliis affects 
 a woman's wages. For four months she could get full time work 
 and earned $14 or $15 a week. For three months she worked 
 only five days a week, earning about $12. Four months more 
 she worked three or four days and earned only $7-$ 10 weekly, 
 and one month she could get no work at all. Her average weekly 
 wage when the whole year was considered was little more than 
 $10, a third less than what she could make with full-time work. 
 
 Statistics of Irregular Employment 
 
 Many women are even worse off than Rachel, for she was en- 
 tirely out of work only one month in the year. The general situ- 
 ation is shown by the variation in numbers in the dress and waist 
 industry in New York City in^ 1912. (See Chart XIX.) These 
 figures show that in July half the employees in the industry were 
 out of work and for three months more, June, August and Janu- 
 ary, a quarter of the largest niunber employed could not find 
 places. This situation is apparently worse than are conditions in 
 those states where the trade is only slightly developed, since the 
 variation from the maximum in the latter was smaller, only 15 
 per cent, in Wisconsin and New Jersey for two months a year, 
 
 *U. S. Department of Labor, Bulletin No. 146. p. 150. 
 
 ^^ 
 
 Relation of Employment to Wage for Women 581 
 
 CHART XIX 
 
 DRESS AND WAIST INDUSTRY, NEW YORK CITY, 1912 
 
 AVERAGE NUMBER EMPLOYED AND TOTAL AMOUNT 
 
 WAGES BY MONTHS. MALE AND FEMALE. 
 
 
 (MAXIMUM - 100%) 
 
 
 100% 
 
 
 / 
 
 
 \ 
 
 • 
 
 \ 
 
 
 
 
 
 
 -^v 
 
 
 
 100^ 
 
 
 
 // 
 
 
 
 \ 
 
 
 
 
 / 
 
 \ 
 
 
 
 ■<tt<. 
 
 / 
 
 
 
 \ 
 
 \ 
 1 
 
 4^ 
 
 IM» 
 
 
 1 
 
 / . 
 
 A 
 
 / \ 
 \ 
 
 \ 
 
 
 ao» 
 
 
 / 
 
 t 
 
 
 *' 
 
 ^'P 
 
 
 
 J' 
 
 
 
 
 
 / 
 
 1 
 
 
 llv 
 
 ^ 
 
 
 
 1 
 
 
 
 
 
 
 / 
 
 • 
 
 1 
 
 
 
 IP 
 
 \ 
 
 r 
 \ 
 
 
 
 1 
 1 
 1 
 
 \ 
 
 
 
 
 
 « 
 1 
 
 
 
 
 \ 
 \ 
 
 • 
 
 
 
 / / 
 
 1 
 
 
 \ 
 
 \ 
 
 \ 
 
 
 
 
 < 
 
 
 
 
 \ 
 
 \ 
 
 
 / t 
 
 
 
 \ 
 
 
 
 » 
 
 
 
 
 
 , \ 
 
 
 1 1 
 
 
 
 \ 
 
 
 
 
 / 
 t 
 
 
 
 
 
 • 
 
 
 1 1 
 
 1 1 
 
 
 
 1 
 1 
 
 • — 
 
 -"• 
 
 
 eox- 
 
 40X 
 
 • 
 
 
 
 
 
 I 
 \ 
 
 \ 
 \ 
 
 \ 
 
 \ 
 
 • 
 
 • 
 / 
 1 
 
 ( 
 
 f 
 
 1 
 
 1 
 / 
 1 
 
 1 
 
 
 
 
 
 60X 
 40X 
 
 noNTH 
 
 iAN. 
 
 FCB. 
 
 LaUCH' APfUt 
 
 MAY 
 
 JUNE 
 
 JULY 
 
 AUG. 
 
 SKFT. 
 
 OCT. 
 
 NOV. 
 
 occ 
 
 nONTM 
 
 
 . 4 
 
 i 
 
 I 
 
 I 
 
582 
 
 Appendix IV — Wage Investigation 
 
 and 25 per cent in Massachusetts during two months. (See Chart 
 XX.) The drop in wages was even greater than the drop in 
 numbers, the difference, as has been said, indicating what the 
 steadiest workers lose from slack time. Only 40 per cent, of the 
 largest amount of wages was paid out in July and about 65 per 
 cent in January, June and August These figures indicate a 
 loss from short-time of not less than 10 per cent, or 15 per cent 
 of the wages of the steady workers. 
 
 SUMMABY 
 
 In the manufacture of clothing, the rush season is the spring 
 and the slackest the summer. January is somewhat dull and the 
 fall is busy. On the whole, the women's clothing industry is more 
 irregular than the men's. The nation-wide variation in the num- 
 ber employed from month to month is only 8 per cent^ in the 
 latter, but a closer examination, week by week, of different sorts 
 of shops and different localities, discloses differences of from 16 
 per cent to 54 per cent. These figures bring out the large num- 
 bers of women who are necessarily unemployed during part of 
 the year ; the still greater wage differences from season to season 
 show that the steady workers lose from short time. In the manu- 
 facture of women's clothing in New York City, the center of th'e 
 industry, in 1913, the number of employees fell 45 per cent in 
 the dull season and wages fell 60 per cent 
 
 What is the result of this alternation of high pressure and lack 
 of work on the women themselves — on their lives as well as their 
 wages ? It may be summed up in the words of an operator herself. 
 " In the rush season," she said, " we worked from 8 o'clock in 
 the morning till 9 o'clock at night We only went from bed to 
 work and from work to bed again, and sometimes if wc salt up a 
 little while at home in the evening, we were so tired we could not 
 speak to the rest and we hardly knew what they were talking 
 about And still, although there was nothing for us but bed and 
 the machine, we could not earn enough to take care of ourselves 
 through the slack season."^ 
 
 » See Chart XVni. 
 
 '"Making Both Ends Meet" by Edith Wyatt and Sue Ainslee Clark, 
 p. 132. 
 
 i 
 
 Relation of Employment to Wage for Women 583 
 
 CHART XX 
 WOMEN'S CLOTHING 
 
 AVERAGE NUMBER EMPLOYED BY MONTHS. 
 
 (MAXIMUM - 100)9 
 
 100X 
 
 •OX 
 
 •OX 
 
 TOX 
 
 •OX 
 100X 
 
 •OX 
 
 VfSilONS 
 
 riHk 
 
 •ox 
 
 70X 
 100X 
 
 •OK 
 
 •OX 
 
 TOX 
 
 .ESOfER 
 
 ■\ 
 
 \ 
 
 IN 11091 
 
 :; 
 
 MASSACHUSETTS il2. 
 
 ALLIEMAIES 
 
 NEirJENSEYlSia. 
 
 ^ "SMimiiSTS'* 
 fenaLesoveris 
 
 rca. 
 
 MAACH 
 
 AMIIL ' MAY 
 
 JUNC 
 
 7^ 
 
 JULY 
 
 ./ 
 
 AUG. 'scrr. 
 
 OCT. 
 
 NOV. 
 
 DEC. 
 
 100X 
 
 90X 
 
 •OX 
 
 TOX 
 
 60X 
 100X 
 
 •OX 
 
 •OX 
 
 TOX 
 lOOX 
 
 •OX 
 
 •ox 
 
 TOX 
 
 ] 
 
 4 
 
 t 
 
 ) 
 ( 
 
 I 
 ! 
 
 1 
 
 "I 
 
 i 
 
I 
 
 584 
 
 Appendix IV — Wage Investigation 
 
 All legal minimum wage rates in the United States thus far 
 are weekly rates. How far this kind of wage award would come 
 from providing a living wage to a garment worker is shown by 
 the case of "Rachel," previously mentioned, who, though a 
 steady, experienced worker, had an average weekly wage for the 
 year falling a third below her full time rate. Any adequate 
 minimum wage rate in the garment trades must make an allow- 
 ance for this loss from slack work, and 25 per cent, would not be 
 too high a figure for such an allowance. If, in this way, financial 
 pressure was brought to bear upon the employer to give steady 
 emplo^Tnent to perhaps fewer people and to end the tension and 
 overwork of the busy season, not only the pocketbooks, but the 
 health and nerves of the workers and thereby the community 
 would profit greatly. 
 
 SHIRT-MAKING 
 
 GENERAL STATISTICS 
 
 Owing to the steadier demand and more staple nature of the 
 pro<Juct, the making of shirts is one of the less seasonal of the 
 industries grouped as " needle trades." In the north the business 
 varies considerably from season to season, but hardly to the same 
 degree as do most other branches of clothing manufacture. 
 
 In the latest United States Census of Manufactures, taken in 
 1909, the figures for " shirts " are combined with those for " men's 
 clothing," so that exact statistics about the number of women 
 wage-earners in the industry cannot be given. The census esti- 
 mated, however, that there were about 48,000 wage-earners em- 
 ployed in shirt-making and that probably three-quarters of those 
 were women. 'New York is the leading state in the industry em- 
 ploying about 22,000 females. 
 
 Statistics of Irregular Employ^ient 
 
 In Massachusetts in 1912 the "average number employed by 
 months," showed a considerable drop in the number of women 
 wage-earners in June, July and August The numbers fell in 
 August as much as 25 per cent, below the maximum. In Xew 
 Jersey in the same year, there was a falling off of nearly 10 per 
 cent, during the same three months. In Massachusetts, the num» 
 bers during the rest of the year remained steady, but in New 
 Jersey a higher level was reached during the first months of the 
 year. A federal investigation in 1911 likewise found marked 
 busy and slack seasons in California and Maryland factories. 
 
 In New York state, according to the recent and extensive 
 study of the trade carried on by the New York State Factory 
 Investigating Commission for the year beginning December 15, 
 1912, the seasonal variation of the industry in New York City 
 was not wholly identical with that in other parts of the state. 
 This is due largely to the different lines of goods manufactured 
 in the city and upstate. In New York City the principal prod- 
 
 [585] 
 
586 
 
 Appendix IV — Wage Investigation 
 
 # 
 
 ,1 
 
 if 
 
 «' 
 
 net is cheap work-shirts, a relatively staple product, so that the 
 busy season is there distributed over a large part of the year, not 
 following exactly the familiar course of busy in the fall and 
 spring, slack after Christmas and in the summer. Upstate, 
 however, the seasonal variations are greater and more frequent 
 and the summer is distinctlv dull. 
 
 From this investigation the monthly and weekly fluctuations in 
 numbers employed can be obtained. These statistics, together 
 with the variation in amount of wages by months, are presented 
 graphically in Chart XXI. In the city the numbers fell in 
 March 13 per cent, below their highest point which came in 
 November, while upstate the maximum number was also at wol-k 
 in November, but the smallest number of workers, 17 per cent 
 below the maximum, was found in August. As usual, the fluctu- 
 ations by weeks were greater than by months. In the city, 
 weekly variations were 15 per cent, instead of the 13 per cent, 
 by months; and upstate weekly variations were 31 per cent, while 
 the greatest monthly variation was only 17 per cent. 
 
 Interviews with selected women workers by the New York 
 State Factory Investigating Commission showed in a large num- 
 ber of cases, time lost for industrial reasons. While out of 94 
 women interviewed upstate, 10 lost no time whatever, among the 
 remaining 84, there were 45 instances of loss of time for indus- 
 trial reasons, averaging eleven days each. Among 177 women 
 in New York City, 18 were entirely out of work for from one 
 week to six months and 70 lost from one week to four months on 
 account of slack work. There were 102 women who reported a 
 loss of time from industrial reasons and their average loss of time 
 was 34 days, over a tenth of the possible number of working days 
 in the year. But since most of the workers are employed at 
 piece-work, no variation in numbers is an adequate measure of 
 the full extent of the irregularity. Shirt-making is another 
 industry in which earnings must be studied in order to under- 
 stand the full effect of seasonal irregularity. 
 
 Shifting 
 
 There is some evidence to show a similar flux of workers in the 
 fihirtrmaking industry to that found in so much other factorv 
 
 Relation of Employment to Wage for Women 587 
 
 CHART XXI 
 
 SHIRT MAKING 
 
 NEW YORK, DECEMBER 1912- DECEMBER 1913 
 
 AVERAGE NUMBER EMPLOYED AND. TOTAL AMOUNT 
 
 WAGES BY MONTHS. MALE AND FEMALE 
 
 (MAXIMUM - 100)0 
 
 tOOX 
 
 100X 
 
 tOOK 
 
 100X 
 
 strr. OCT 
 
588 
 
 Appendix IV — Wage Ixvestioation 
 
 work. In one Xew York factory whose pay-rolls could be 
 checked back for a year, the State Commission found that 17 per 
 cent, of the workers had remained less than four weeks, 24 per 
 cent, more, from five to sixteen weeks and but 29 per cent, had 
 stayed 49 weeks or longer. 
 
 Variations in Earnings 
 
 The most adequate measure of seasonal variations in shirt- 
 making is therefore the fluctuations in wages. Both in Xew 
 York City and up-state, the changes in the amount of wages paid 
 out at different seasons are greater than the changes in numbers. 
 By months, wages in the city were at their lowest point in April, 
 when they were 12% per cent, below the maximum, while up- 
 state the greatest decline was 23 per cent in August (see Chart 
 XXI). By weeks the differences are considerably larger, being 
 approximately 19 per cent, for the city and very nearly 40 per 
 cent, for the rest of the state. The proportionately greater de- 
 cline in wages than in numbers is of course mainlv the result of 
 short-time in reducing the wages of employees who remain on the 
 pay-rolls during the dull seasons. 
 
 Even in these totals, combining as they do many different es- 
 tablishments, the extreme fluctuations in individual factories are 
 undoubtedly smoothed out to a considerable extent. Such is the 
 conclusion to be drawn from the large variation at different sea- 
 sons in the average wage of women workers questioned on this 
 point by the State Factory Investigating Commission. In Xew 
 York City where the greatest weekly variation in wages was about 
 19 per cent, the average weekly wage of 197 women workers 
 was $7.39 in rush seasons and only $5.13 in dull seasons, a dif- 
 ference of 25 per cent Between dull and '' normal '' seasons 
 alone there was a falling off of 6V2 per cent, in wages. Out of 
 85 women workers up-state, 14 reported no difference in their 
 wages from season to season, but the others received average 
 weekly wages which were 12 per cent, lower in dull than in 
 " normal " times, twice as great a difference as in the city. Xo 
 figures as to rush seasons were given. 
 
 Relation of Employment to Wage for Women 580 
 
 Summary 
 
 Shirt-making, then, is irregular like other needle trades, and 
 this seasonal irregularity is reflected to some extent in the num- 
 bers employed at different parts of the year. Fifteen per cent, 
 fewer than the maximum were employed in Xew York City in 
 the dullest week of 1913, and 31 per cent, fewer in the rest of the 
 state. It is a study of earnings, however, which best brings out 
 the extent of seasonal variations, for even those who hold their 
 places during, dull seasons suffer considerable wage-losses from 
 short-time. Wages declined 19 per cent in Xew York City in 
 the dullest week of 1913 and very nearly 40 per cent, in the rest 
 of the state. Under these conditions, the fixing of a minimum 
 weekly wage rate alone would not necessarily provide an ade- 
 quate annual income to the woman worker. 
 
 
MISCELLANEOUS NEEDLE TRADES 
 
 INTKODUCTION 
 The same causes — a greatly increased demand at two seasons 
 of the year, style changes, and a consequent reluctance on the 
 retailer's part to place his orders far in advance,— produce great 
 seasonal irregularity in every subsidiary line connected with the 
 manufacture of clothinff. 
 
 Men's Furnishings 
 There is the manufacture of /' men's furnishings," so called, 
 under which is included collars and cuffs, suspenders, belts, neck- 
 ties, etc. Xearly 30,000 adult women found employment in this 
 industry in 1909 and about half of these were in New York 
 state. The evidence obtainable shows here, too, dull seasons 
 after Christmas and through the early summer till the first of 
 August. In Massachusetts during the six months of January, 
 February, April, May, June, and July, 1912, the number of 
 women employed fell off from a quarter to a third. March was 
 comparatively busy. Besides this, the factories were open on 
 the average only 273 days out of a possible 305, so that even the 
 steadiest workers must have lost at least a tenth of their working 
 time and full-time wages. A union official in New York City,^ 
 describing similar conditions among the women workers on men's 
 neckwear in 1913, said that they have to expect slack work after 
 Christmas and in the summer, amounting to at least nine weeks 
 in all or a sixth of the whole year. At these periods what little 
 work there is is divided equally among them, so they do not lose 
 on an average quite a sixth of their wages, but of course in this 
 slack season their pay falls far below its usual level. 
 
 Vest Making 
 In vest making women are employed only for the most un- 
 skilled tasks. This condition differs from other work on men's 
 garments and s hould therefore be considered separately. Most 
 
 1 Mary Dreier in Life and Labor, December, 1913, p. 358. 
 
 [590] 
 
 Relation of Employment to Wage for Women 591 
 
 of these women are out of work for three months every year, thua 
 reducing by a quarter their already scanty wages of $5-$ 8 a 
 
 week. 
 
 Dressmaking 
 
 This industry is one of the older occupations for women in 
 which a very large number, estimated at 40,000 for New York 
 City alone, are at work. Here in the city, the more important 
 type of worker is no longer the dressmaker with two or three girls 
 sewing for her, nor the " sewing women " going out to work by 
 the day, but instead, the employee of the large custom dressmaking 
 establishment or custom department of a big retail store. Much 
 specialization and an absence of any personal contact exist — in 
 other words, factory conditions. The busy seasons in such shops 
 are the usual ones, fall and spring, October and November, March 
 and April. Particularly in the spring rush girls may be asked 
 to take work home and finish it or to work at the shop two or three 
 evenings a week. The reverse of the picture is more or less slack 
 time after Christmas and, almost inevitably, unemployment during 
 the summer. The better shops may tide things over in January, 
 laying the women off in relays, or possibly not at all, but all firms 
 alike turn off the great majority of their force in the summer. An 
 investigation made in New York City in 1909 revealed the fact 
 that a quarter of the dressmakers questioned had been out of work 
 three months or more during the year. The following instances 
 are typical. " Elsie,^ a young, capable, energetic girl, was working 
 in tJie same shop for the third season at $6 a week. She was laid 
 off from July 4 to September 10. Mildred who had received 
 special trade training, held her first position from February to 
 June, getting $5 a week. Then she was idle about three months, 
 but in September began work in another place at $7 a week, 
 where she had to work overtime until 8 p. m. several davs everv 
 week." Dressmakers are generally paid a flat weekly rate, so 
 there is but little possibility of increasing their earnings by over- 
 time work. Their nominal rate of pay is given as $5-$9 a week, 
 but when allowance is made for the loss of from two to four 
 months yearly, from a sixth to a quarter of their working time, 
 their real weekly rate is lowered to from $4 to $8 instead. 
 
 1 " Irregularity of Employment of Women," by Louise C. Odencrantz, in the 
 Survey, May 1, 1909, p. 207. 
 
 
592 
 
 Appendix IV — Wage Investigation 
 
 Mlllixeky 
 In the millinery trade the problem of irregularity of employ- 
 ment is even more acute. There are nearly 125,000 women 
 milliners in the United States and 16,000 in New York City alone 
 according to the 1910 Census of Occupations. A large part of 
 these women can get work in their trade for only half the year. 
 An investigation of a large number of firms in Manhattan in 1913^ 
 found that during the year, the number of employees was less 
 than 25 per cent, below the maximum, only 25 weeks in the smaller 
 retail establishments, 31 weeks in the larger ones, and 21 weeks 
 in the wholesale houses. Naturally the busy season begins some- 
 what earlier in the great wholesale establishments where hats are 
 made and trimmed for the retail trade than in the retail shops 
 themselves. Wholesale firms commence to make up felt hats as 
 early as July and end their work usually by November or before; 
 work on summer hats begins the first of January and is generally 
 over by the first of May. Work in retail stores begins and ends 
 generally about a month later. This is well illustrated by 
 the number employed monthly during 1913 by the Manhattan 
 firms previously mentioned, where the range was from 259 to 591 
 in the retail trade and from 468 to 1,141 in the wholesale trade. 
 (See Chart XXII.) The best months of the spring season for 
 the wholesale firms were February and March but for the retxail 
 trade they were March and April. In the fall the wholesale trade 
 was most active during August and September, whereas the retail 
 houses were most active in September and October. Large as the 
 differences are by months, they are even greater for separate weeks 
 through the year. In both branches of the trade, the smallest num- 
 ber at work in any one week was only 37 per cent, of the largest 
 number. It is, however, very difficult for the girls in the wholesale 
 houses, who are in the majority in numbers, to lengthen each 
 season a month by going into retail shops. In the first place, the 
 work is on a different basis. The retail worker is paid time wages 
 and quality is emphasized, whereas most of the wholesale houses 
 pay on a piece basis so that quantity of output becomes the im- 
 
 * Made by the Committee on Women's Work of the Russell Sage Founda- 
 tion m co-operation with the State Factory Investigating Commission. See 
 page 361, supra. 
 
 Relation of Employment to Wage foe Women 593 
 
 
 CHART XXII 
 
 MILLINERY, SELECTED FIRMS. MANHATTAN. 1913. 
 AVERAGE NUMBER FEMALES EMPLOYED AND 
 TOTAL AMOUNT OF THEIR WAGES, BY MONTHS. 
 
 (MAXIMUM - 100»i) 
 
 toox 
 
 •OK 
 
 MAY ' JUNE ' JULY ' AUG. 
 
 OCT ' NOV. DEC 
 
i; 
 
 I 
 
 I 
 
 594 
 
 Appendix IV — Wage Investigation 
 
 portant consideration. Then by the time the wholesaler is thrown 
 out of work, the height of the season in retail houses is past, and 
 a reduction in their force has already begun so that additional 
 workers are seldom needed. 
 
 It is true that milliners, like so many other women workers, 
 make many changes from one position to another. Out of 3,983 
 women employed in the course of a year, this New York City in- 
 vestigation of 1913 found that only 672 or 17 per cent of the 
 total number remained 40 weeks or more in the same position, 
 52 per cent, stayed eight weeks or less and 19 per cent., more than 
 the number who stayed 40 weeks or over, were in the same position 
 a fortnight or less. The lowest paid were found to change the 
 most frequently. But it must be remembered that the highly 
 paid designers and forewomen are by far the more likely to be 
 retained during the dull season, and, knowing that from 60 to 75 
 out of every 100 milliners are necessarily unemployed during 
 that time, we must lay the responsibility for most of this shifting 
 to the short seasons of the trade and not to the restlessness or in- 
 efficiency of the workers. 
 
 The spring rush season, with everybody anxious for a new 
 Easter hat, is the busiest time of the year. At that time late 
 orders from customers in the retail trade frequently cause over- 
 time and Sunday work which is seldom paid for. However, those 
 few retail workers who keep their places throughout the year, 
 being paid a flat rate, lose little from short-time. The Manhattan 
 investigation of 1913 showed that the minimum amount of wages 
 paid out week by week through the year to the retail workers 
 studied was 33 per cent, of the maximum amount which is only 
 slightly below the 37 per cent, difference in numbers. On the 
 otlier hand, wholesale workers whose wages are on a piece basis 
 of course gain from the rush to some extent, but even the minority 
 who are kept on in the dull season suffer wage losses from short- 
 time during that period. This is indicated by a fall in the total 
 amount of wages to only 29 per cent, of the maximum while 
 numbers fall to 37 per cent. (See Chart XXII.) But the average 
 weekly returns of any woman milliner become very meager, when 
 they are halved, as should bo done to allow for a lack of work 
 during half the year. 
 
 Relation of Employment to Wage for Women 595 
 
 The Alliance Employment Bureau in New York City, which 
 has had wide experience in placing girls as milliners, considers that 
 only 20 per cent, or less of all milliners can hope for steady work 
 the year round. From the height of the season there is a gradual 
 reduction, then at the end the few who are left are also laid off. 
 
 The Bureau found in 1907 that only four out of fifty-seven 
 trade school graduates were able to stay with the same firm a 
 year or more without more than one month of enforced idleness. 
 Finally, the industrial histories of two milliners, both girls with 
 special training, will illustrate how this irregularity affects 
 thousands of individual women, exposing them to all the diffi- 
 culties and dangers of irregular work and uncertain pay. (See 
 Table 10, A and B.) Ten positions in three years or six positions 
 in little more tJian a year, with long periods of idleness into the 
 bargain, represent that most undesirable and demoralizing con- 
 dition, the life of the casual worker, and emphasize the con- 
 clusion of the Manhattan investigation of 1913 that in order to 
 provide a living income through the year for milliners, not only a 
 weekly minimum wage rate, but also lengthened seasons are of 
 paramount importance. 
 
 TABLE 10 
 
 MILLINERY — NEW YORK CITY 
 
 A. Trade History of a Milliner, 1907 » 
 
 No. 
 posi- 
 tion 
 
 Number 
 
 months 
 
 employed 
 
 Trade 
 
 Kind of work 
 
 Weekly wage 
 
 Reason for leaving 
 
 1... 
 2... 
 
 6 
 
 3 
 
 1 
 2 
 
 4 
 
 2 
 3 
 
 3 
 
 4 
 
 3 
 
 Millinery (retail, 
 Patterson.N.J.) 
 
 Millinery (whole- 
 sale) 
 
 Apprentice 
 
 Improver 
 
 Learner 
 
 f Learner 
 
 \ Operator 
 
 Maker 
 
 None 
 
 $6 (piece) .... 
 $9 (time) 
 
 $5.50 (time).. 
 S5-S6 (piece).. 
 
 $8-$10 (piece). 
 $5 (time) 
 
 $8-fl4 (piece). 
 
 $5 (time) 
 
 $8-$14 (piece). 
 
 $6 (time) 
 
 Family moved to N. Y. 
 " Laid off," slack season 
 
 3... 
 
 4... 
 
 Millinery (retail) 
 
 Making handker- 
 chiefs 
 
 " Laid off," slack season 
 > To return to millinery 
 
 5... 
 
 Millinery (whole- 
 sale) 
 
 J 
 " Laid off," slack season 
 
 6... 
 
 7... 
 
 Medicines 
 
 Millinery (whole- 
 sale) 
 
 Wrapper, labeler. 
 Maker 
 
 To return to millinery 
 " Laid off," slack season 
 
 8... 
 9... 
 
 10... 
 
 Medicines 
 
 Millinery 
 
 5 months 
 Magazine bind- 
 ery 
 
 Wrapper, labeler. 
 Maker 
 
 To return to millinery 
 " Laid off." slack season 
 
 out of work 
 Folder, etc 
 
 Idle half of each month 
 
 
 
 
 ' From Annual Report of the Alliance Employment Bureau, 1907, p. 12. 
 
596 
 
 AppEifDix IV — Wage Investigation 
 
 B. Traob Histokt or a Miixinxb ^ 
 
 No. 
 posi- 
 tion 
 
 Dates employed 
 
 Kind of Work 
 
 Weekly 
 wage 
 
 Reason for leaving 
 
 1 
 
 Oct. 1-Nov. 15 
 
 Millinery. . . 
 Millinery.. . 
 
 Millinery. . . 
 Millinery... 
 
 Millinery . . . 
 
 Offir(> wnrlr 
 
 14 
 14 
 
 95 
 
 t5 
 
 $5 
 
 Slack work 
 Slack work 
 
 To return to previous place 
 Slack work 
 
 Slack work 
 
 2 
 
 Nov. l^Dec. 1 
 
 3 
 
 1 month out of work. 
 
 Jan. 1-Jan. 15 
 
 4 
 
 Jan. 15-May 1 
 
 5 
 
 2 months out of work. 
 
 Aug. 1-Nov. 1 
 
 6 
 
 Nov. 1 
 
 
 
 
 
 
 »»' ^f "Irregularity of Employment of Women." by Louise C. Odencranti, in the Survey. 
 May 1, 1909, p. 199. 
 
 Artificial Flower Making. 
 Other sorts of manufacture connected with the milliDery trade 
 are likewise highly irregular. The making of artificial iiowers 
 and fancy feathers is concentrated in New York City, over nine- 
 tenths of all the adult women employed being found here. Miss 
 Van Kleeck's exhaustive study summarizes conditions as " three 
 or four months of slack work every year, its varying extent de- 
 pending on whether or not flowers are a fashionable trimming for 
 winter hats. Then four girls out of five are out of work."* She 
 found only 873 women employed in the slack season, 19.5 per 
 cent, of the 4,470 working at the height of the season and even 
 this small minority worked part time and at reduced rates. This 
 last is an unusual method of reducing the amount of wages during 
 the slack season. The average weekly wage for weeks worked 
 for those women w^ho had a year or more of trade experience was 
 found by this investigation to be $7.76. On this basis their aver- 
 age yearly income should be approximately $400. But as a 
 matter of fact, half of these women had annual incomes of less 
 than $300. The resulting wage-loss of $100, 25 per cent, of the 
 computed full-time wage, must be ascribed mainly to slack work. 
 But few gains from overtime are possible, since home-workers 
 take most of the extra work during the busy season. The trade 
 is least irregular when the manufacture of fancy feathers is 
 combined with the flower making, but at the best " June is dull 
 and the fall uncertain."^ 
 
 1 "Artificial Flower Makers," by Mary Van Kleeck, p. 41. 
 i Ibid, p. 54. 
 
 Relation of Employment to Wage for Women 597 
 
 Straw Sewing 
 Another branch of the trade is straw-sewing, by which is meant 
 the sewing by machines of straw braids for hats. In this line a 
 majority of the employees are women. Practically all the work 
 is done in five months of the year, December, January, February, 
 March and April and then almost all the force is dismissed. This 
 is one of the most glaring examples of seasonal irregularity ex- 
 istent, but the problem is made less acute by the comparatively 
 small numbers involved and the high wage level. At present 
 women operatives can average $15-$30 a week through the brief 
 busy season though it is said a cut in wages is an ever present 
 
 menace. 
 
 French Edge Work 
 
 With the present styles in millinery, many of the factories 
 making straw hats have filled in during the spring and summer 
 with " French edge work." This is the finishing of the rolled 
 edges of velvet hats, and is highly skilled, highly paid machine 
 work. The season for this is also about five months, closing a 
 little before the straw-sewing begins. Unfortunately it often 
 proves extremely difficult for the same operatives to master the 
 knack of both these trades. 
 
 Fur and Felt Hats 
 Only about a quarter of the wage-earners employed in the 
 making of " fur and felt hats " are women. All fibres combine 
 the making of men's and of women's hats, and as the demand for 
 men's hats is not concentrated in one part of the year to the same 
 degree as that for women's, the irregularity of the trade is thus 
 reduced. The statistics, however, show a decided drop in the 
 number of women employed during the half of the year from 
 April through August or September. In Massachusetts in 1912 
 this difference was about 25 per cent, in April, 66 per cent, in 
 May, about 33 per cent, in June and July, and 25 per cent in 
 August and September. Moreover, in Massachusetts, the factories 
 are entirely closed for many days yearly, which means a large 
 loss of time and earnings to the steady workers. In 1912, there 
 was an average loss of 53 working days or 15 per cent, of the 
 
598 
 
 Appejjdix IV — Wage Investigation 
 
 working year for each establishment, by this inadequate method 
 of measurement alone. When we add to this the short time not 
 brought out by these statistics but which abnost always precedes 
 the entire closing of any factory, we see that the steady worker 
 as well as the casual one, must suffer seriously from seasonal 
 irregularity. 
 
 BOOK BINDING 
 
 GENERAL STATISTICS. 
 
 The Census of Manufacturers for 1909, stated that an average 
 of 67,926 women 16 years of age and over were employed in 
 the printing and publishing business in 1909. This number was 
 22 per cent, of all the wage-earners in that industry. It repre- 
 flents a slight proportional increase from 20 per cent, in 1899 and 
 a large increase in numbers over the 39,868 women of that year. 
 The number of women in the trade increased 45 per cent, during 
 the decade while the number of men increased but 32 per cent. 
 According to figures of the Census, then, the women tend to dis- 
 place the men workers to some extent. While bookbinding is but 
 one of several lines of work included under this general head, it 
 is in binderies that many of these women are employed, and as 
 ** bindery girls " they must be added to the long list of women 
 workers whose employment is irregular. 
 
 ■ 
 
 Seasonal Yaeiations. 
 
 These bindery girls suffer comparatively little, however, from 
 the usual seasonal irregularity. There is likely to be an increase 
 of work before Christmas and sometimes in the spring, while the 
 summer is apt to be rather dull. Yet these changes are not sharply 
 marked in many localities and classes of establishments, and, as 
 a result, the number of workers does not vary very greatly during 
 the year. Eight or nine out of every ten book-binders can hope 
 to hold their places the whole year through. Irregularity in this 
 industry comes through the erratic hours of the trade. The work 
 is done just as the orders come in, so weekly or monthly in the case 
 of periodicals, quarterly sometimes as with telephone directories, 
 or at wholly irregular intervals will come a short period of long 
 hours, of overtime, and perhaps night work, followed by another 
 comparatively short interval of slack work or entire unemploy- 
 ment Both the New York cases testing the constitutionality of 
 the law prohibiting night-work for women, the Williams case in 
 
 [599] 
 
 I 
 
 
600 
 
 Appendix IV — Wage Investigatiox 
 
 1907, and the present Schweinler Press case, involve bindery 
 girls. This alternation of long hours with short ones, or no work 
 at all, causes the women's wages to vary correspondingly, and the 
 net result of it all, it can be shown, is a loss in both time and 
 wages. Investigators have found like conditions in the trade in 
 New York City, Philadelphia, Pittsburgh, and Kansas City. 
 
 Statistics of Irregular Employment 
 
 Under such industrial conditions, the measurement of trade 
 irregularity, " number of days in operation yearly " is of no im- 
 portance; 301 is the average number of days in operation yearly 
 of all book-binding establishments in Massachusetts, 1912; for 
 New Jersey in the same year the same figure is 300. This simply 
 means that some variety of work done in these establishments is 
 always going on and that some of the men and women are always 
 employed. 
 
 The varying numbers employed at different seasons of the year 
 is much more significant in some parts of the country than in 
 others. In New York City in 1910-11 this difference ran as 
 high as 25 per cent, and in Kansas City in 1912-13, it was 20 
 per cent, but in Massachusetts in 1912 and in Philadelphia, 1914, 
 it was only 12 per cent. In Massachusetts the smallest number 
 were at work after Christmas and the largest number in the late 
 summer; in Philadelphia the busiest period was before Christ- 
 mas and the slackest during June and July. Seasonal irregu- 
 larity and the resulting casual work are in some cases a rather 
 important factor, but nowhere an adequate measurement of the 
 entire extent of irregularity in the industry. 
 
 In order to gain a more complete idea of its seriousness we must 
 turn once more to short time and the consequent reduction of the 
 earnings of the steady worker. 
 
 While Miss Van Kleeek, in her study of book-binding in New 
 York City, 1910-11, found, as has been said, that only 76 per 
 cent, of the women workers could have places the year round, she 
 also found that 73 per cent, of the workers lost more or less time 
 from lack of work during the year. The entirely irregular char- 
 acter of the losses, a few hours here and a few there, or an odd 
 number of days, is reflected in the fact that a quarter of the 
 women, the largest group suffering from unemployment, lost some 
 
 Relation of Employment to Wage for Women 601 
 
 time, but could not tell how much. (See Table 11.) The report 
 cities the instance of an " expert folder who helps to bind a com- 
 mercial register issued quarterly " who was, during a year, at 
 work : February 1st to March 7th ; May 5th to July 15th ; August 
 1st to Labor Day; November 15th to January 15th; idle: March 
 7th to May 15th; July 15th to August 1st; Labor Day to Novem- 
 ber 15th. She had work little more than half the year. "It 
 would have been better," she said, " to have had $6 a week 
 steadily instead of earning $8 so irregularly." 
 
 table 11 
 WOMEN BOOKBINDERS IN NEW YORK CITT, 1910-xx 
 
 NVIIBERB AND PERCENTAGES LOSINQ DIFFERENT AMOUNTS OF TiME IN A YbAB 
 
 (From Women in the Bookbinding Trade, by Mary Van Kleeek, p. 118) 
 
 Amount of Time Lost 
 
 Number 
 losing 
 
 Per cent, 
 losing 
 
 No time 
 
 40 
 27 
 22 
 14 
 8 
 37 
 
 27.0 
 
 Less than 1 month 
 
 18.1 
 
 1—3 months, ,......,,.. . 
 
 14.9 
 
 3—6 months 
 
 9.5 
 
 6 months or more 
 
 5.4 
 
 Time of imcertain length . . . 
 
 25.0 
 
 Total 
 
 148 
 
 100.0 
 
 
 
 The prevalence of slack work is further shown by some figures 
 fiom Philadelphia. It was found that 87 women out of 147 had 
 changed from establishment to establishment, making 200 changes 
 in all, and that 52 of these, very nearly a quarter, were due to 
 dull or unsteady work. 
 
 In Philadelphia 129 employees were asked how many months 
 of the year they were not employed full time. More than 
 half of them, it turned out, were on short time from one to eight 
 months during the year. Twenty-five worked short time from 
 six to eight months, 30 between three and six months, and 13, one 
 or two months. The largest number were on short time, six 
 months and four months, a half and a third of a vear. This 
 prevalence of short time causes us to turn to the hours worked. 
 Where did this loss occur ? Again from the Philadelphia investi- 
 gation, we have the average weekly working hours for 90 girls 
 during a year. Full time for these girls was 48 hours a week, 
 but only one girl reached this point, whereas two averaged only 
 forty hours. Only 27 girls averaged from 45 to 48 weeks during 
 
 1 
 
 i 
 
602 
 
 Appendix IV — Wage Investigation 
 
 Relation of Employment to Wage for Women 603 
 
 the year, but 63 had average weekly hours between 40 and 44. 
 Forty-three hours was the average reached by the greatest number. 
 Full pay is obtained only for full-time work, so all these girls 
 but one would fall below their nominal rate of wages for the year, 
 10 per cent, being the most frequent loss. 
 
 These losses from full time conceal wide fluctuations in the 
 hours of individual workers week by week as Chart XXIII illus- 
 trates. This chart gives the actual hours worked each week dur- 
 ing the year by a Philadelphia girl who is said to be a " typical 
 worker." Aside from the two weeks when she had no work at 
 all, this girl's weekly hours varied all the way from 8 to 64 and 
 without doubt her wages went up and down correspondingly, being 
 eight times as much in the longest as in the shortest week. Her 
 average weekly hours for the whole year were 43, making her 
 annual loss from the full time, 48 hour week, and consequently 
 from the full time wage rate, about 10 per cent. 
 
 Variation in Earnings. 
 
 Bookbinding is another industry, then, in which wage-rates and 
 earnings are not likely to be identical. To study this relation be- 
 tween earnings and wage-rates, the weekly rates and actual average 
 weekly earnings of 158 women who were personally interviewed, 
 were taken from the pay-roll by the Philadelphia investigators. 
 In every wage group above $5, with the exception of the four 
 women at $11 and over, fewer women were found to receive given 
 amounts than were rated at those sums. For instance, only eight 
 women were rated at less than $5 a week, but 35 actually received 
 these amounts; 31 were supposed to be paid between $7 and $8, 
 but only 24 actually received such a sum; 43 had a rate of be- 
 tween $8 and $9, whereas only 21 were really found in this wage 
 group. 
 
 table 12 
 
 WOMAN BOOKBINDERS, PmLADELPHIA, 1912-13 
 
 NcxBSB AT OnrsN Rates akd Numbeb with Actual Avxbaoe Weekly Eabkinos 
 
 (From •* Occupations for Philadelphia Girls, No. 3, Bookbinding," pp. 43-46.) 
 
 
 $2- 
 12 99 
 
 sa- 
 ls 99 
 
 $4- 
 
 $4 99 
 
 $5- 
 
 $5 99 
 
 $6- 
 $6 99 
 
 ^-9 
 $7 9^ 
 
 $S- 
 $8 99 
 
 $9- 
 $9 99 
 
 $10- 
 SIO 99 
 
 $11- 
 and 
 over 
 
 Total 
 
 Number at rate 
 
 Number with actual aver- 
 age weekly earnings. . . 
 
 • • • 
 
 2 
 
 2 
 21 
 
 6 
 12 
 
 20 
 21 
 
 23 
 22 
 
 31 
 24 
 
 43 
 21 
 
 17 
 15 
 
 12 
 
 7 
 
 4 
 4 
 
 158 
 ♦149 
 
 *Actual average weekly earnings not given for nine women. 
 

 
 604 
 
 Appendix IV — Wage Investigation 
 
 Miss Van Kleeck's investigation in New York City shows a 
 similar irregularity in earnings, week by week, and a similar loss 
 from possible full time earnings, for workers supposed to be paid 
 a flat rate. Two examples of wages each week for a month are 
 cited as " typical." The first is a magazine binder. The first and 
 second week of the month she received $12, the third week there 
 was no work at all, the fourth her pay was between $8 and $9. 
 Her average weekly wage for the month was $8, only two-thirds of 
 - her maximum wage. A " learner " received $4, $5, $5.92 and 
 $4.65 for the four weeks, making an average of $4.92 for the 
 month, about five-sixths of her highest wage. Miss Van Kleeck 
 sums up the losses of women book-binders in New York City by 
 comparing their full-time and actual annual earnings for the 
 year studied. Their average weekly earnings were $7.22. On 
 this basis, annual earnings would be about $375. But in reality 
 they were only $325. Thus there was an average loss of $50 
 yearly, almost a dollar a week or 14 per cent, of the weekly wage, 
 caused by the alternation of long hours of work with slack time. 
 
 Summary 
 
 Work in binderies is more likely to be good in the spring and 
 before Christmas and slack in the summer. In consequence, there 
 is a reduction of the working force of from 12 per cent, in Massa- 
 chusetts and Philadelphia, to 23 per cent, in New York City dur- 
 ing the dull season. But in addition to these necessarilv casual 
 workers, all the women feel the effects of the variation of the 
 work with orders, the result of this irregularity being an annual 
 loss in hours and earnings. From all the evidence it would 
 appear that on account of these irregular hours within short 
 periods, unless the trade becomes more regular, any weekly wage- 
 rate, which attempts to provide the worker with a living income, 
 must be increased by a tenth (10 per cent.) to a seventh (14 per 
 cent.), to make up for the loss in time and earnings suffered by 
 the steady employees on account of this irregularity. 
 
 SALESGIRLS 
 
 GENERAL STATISTICS 
 
 According to the volume on ^^ Occupations " of the United 
 States Census of 1910, 250,000 saleswomen were found em- 
 ployed in retail establishments. In addition, of the 111,000 
 " clerks in stores," the larger proportion " were not engaged in 
 clerical work but were also salespeople " says the census. Here 
 is an industrial army of uncertain numbers, but approaching 
 300,000 women at the lowest estimate. Because we deal with 
 them directly, few classes of workers are more in the public con- 
 sciousness. The salesgirl's low wages with her necessarily higher 
 expenses in maintaining a good personal appearance, have been 
 the subject of much popular concern. On this account it i^ 
 particularly important to find out whether the average salesgirl 
 is so steadily employed that a minimum wage rate, based on cost 
 of living alone, would really provide her with an adequate " liv- 
 
 » 
 
 ing income. 
 
 Seasonal Vakiations 
 
 It is frequently thought that the earnings of salesgirls are not 
 affected by irregular employment, since the girlo are paid by the 
 week or sometimes by commissions on sales. Seldom if ever is 
 a retail store or any part of it closed because trade is slack. 
 Therefore, in contrast to manufacturing industries, it is true that 
 the women who are so lucky as to keep their places all the year 
 round suffer very slightly from seasonal irregularity. But all 
 the facts at hand show that a very large percentage can find 
 work only before Christmas and in the spring and are turned off 
 after Christmas aad in the summer. For these girls, retail trade 
 is a highly seasonal employment 
 
 Statistics of Ieregulab Employmext 
 
 Taking up first the so-called " steady " workers, a District of 
 Columbia inquiry made by the federal Bureau of Labor in 1912 
 
 [605] 
 
 I 
 
 I 
 
 I 
 
 f 
 
606 
 
 Appendix IV — Wage Investigation 
 
 fihowed considerable steadiness of employment Over 200 women 
 who had been wage earners for a year or more were questioned 
 on the subject and 88 per cent worked more than 40 weeks 
 during the preceeding year. The average period of employment 
 during the year for all of these women was very nearly 48 
 weeks. In Massachusetts, the Commission on Minimum Wage 
 Boards in 1911 also came to the conclusion that the work is very 
 regular except for some " forced vacations." A few women were 
 compelled to take such " forced vacations " without pay in the 
 summer or after Christmas. Only 5 per cent, of the steady 
 workers staying throughout the year in a single store lost time 
 from industrial reasons and these few lost an average of fifteen 
 working days during the year. The Commission also found in 
 'still another group of workers whose average length of employ- 
 ment in one position was 42 weeks out of the year, that only G 
 per cent, lost time from this cause, though these few lost a large 
 amount of time in this way — 18 per cent of their total period 
 of employment or 46 working days. 
 
 We do not, therefore, find evidence that the steady worker 
 in retail stores is subject to any great loss of time or money on 
 account of lack of work. But we still have to consider whether 
 all employees can find steady employment throughout tlie year in 
 retail stores. The facts about the varjdng numbers employed at 
 different seasons are undoubtedly masked by the constantly chang- 
 ing personnel of the working force of any large store. Yet con- 
 siderable light is thrown on this point by the " number employed 
 by months" which the New York State Factory Investigating 
 Commission obtained for the eighteen largest department stores 
 in New York City, and for department and five-cent and ten-cent 
 stores in the rest of the state for the year 1913. In New York 
 City stores, the largest, smallest, and average number employed is 
 given for each establishment, the figures being given the Com- 
 mission by the firms themselves. The table following shows that 
 nearly 40 per cent, of the total number of employees were out of 
 work at the slack time of the year. While in one store (No. 7) 
 the difference was only 15 per cent, in another (No. 11) it was 
 almost 50 per cent. In every instance the greatest number of 
 employees was at work during the Christmas rush and the small- 
 est number in the summer. 
 
 Relation of Employment to Wage fob Women 607 
 
 TABLE 13 
 RETAIL STORES, NEW YORK CITY, 19x3 
 
 Numbeb of Emplotees in the 18 Largest Establishments 
 
 Fnui 
 
 Greatest 
 
 number 
 
 employed 
 
 Least 
 
 number 
 
 employed 
 
 Average 
 
 number 
 
 employed 
 
 Per cent. 
 
 least 
 number 
 
 is of 
 greatest 
 
 Dropped 
 
 or left 
 
 during 
 
 year 
 
 Added 
 
 during 
 
 year 
 
 Number 1 
 
 6,724 
 3,672 
 
 884 
 1,863 
 6,187 
 6,743 
 2,205 
 
 928 
 3,125 
 2,095 
 2.369 
 6,340 
 1,250 
 1,497 
 2,100 
 1,318 
 2,887 
 7,400 
 
 3,999 
 3,075 
 
 416 
 1,252 
 2,888 
 3,283 
 1,879 
 
 459 
 1,669 
 1,518 
 1.190 
 3,483 
 
 735 
 1,020 
 1,570 
 
 642 
 1,644 
 4.600 
 
 4,296 
 3,497 
 
 533 
 1,460 
 3,500 
 3,750 
 1,97» 
 
 664 
 2.359 
 1.896 
 1,760 
 4,272 
 
 800 
 1.085 
 1,800 
 
 864 
 2,313 
 5.000 
 
 69.8 
 
 83.7 
 
 47.0 
 
 67.2 
 
 65.6 
 
 67.0 
 
 85.2 
 
 49.4 
 
 50.2 
 
 72.4 
 
 60.2 
 
 65.2 
 
 68.8 
 
 68.9 
 
 74.7 
 
 48.7 
 
 66.9 
 
 62.1 
 
 5,950 
 640 
 638 
 
 2.657 
 
 8.750 
 10.382 
 
 1.795 
 
 6.712 
 746 
 477 
 
 1.250 
 2.639 
 
 
 2 
 
 5,979 
 
 3 
 
 875 
 
 4 
 
 611 
 
 6 
 
 2,605 
 
 6 
 
 8.166 
 
 7 
 
 12 , 169 
 
 8 
 
 1,839 
 
 9 
 
 
 10 
 
 
 11 
 
 
 12 
 
 
 13 
 
 6,809 
 
 14 
 
 1,026 
 
 15 
 
 477 
 
 16 
 
 
 17 
 
 1.286 
 
 18 
 
 2,967 
 
 
 5,500 
 
 Total 55.587 1 
 
 35.322 
 
 41.828 
 
 63.5 
 
 
 Like conditions existed in the up-state stores. (See Chart 
 XXIV.) In the department stores, only 81 per cent, of the 
 maximum number were at work in February, 81 per cent in 
 July and 76 per cent in August If we take the numbers week 
 by week, instead of the monthly averages which smooth down 
 the extreme variations, there was an even greater drop, to 70 
 per cent, during the third week in August The fluctuation in 
 the total amount of wages paid out monthly was very similar or 
 a little less than the variation in numbers — quite in contrast to 
 the situation in factories, where wages drop below " number em- 
 ployed " on account of the losses incurred by steady workers 
 through short time. There is practically no such short time in 
 stores, and the lower paid and less experienced girls are more 
 likely to be discharged during the slack periods, causing the 
 wage level for those who are left to rise higher at this time. The 
 five-cent and ten-cent stores up-state showed in general the same 
 state of affairs in regard to regularity of work and wages. Aver- 
 age numbers employed fell off somewhat more, to 71 per cent of 
 the maximum in July and August, by monthly averages, and to 
 
608 
 
 Appendix IV — Wage Investioatiox 
 
 CHART XXIV 
 NEW YORK, UPSTATE RETAIL STORES, 1913 
 
 AVERAGE NUMBER OF SALESGIRLS AND TOTAL 
 AMOUNT OF THEIR WAGES BY MONTHS. 
 
 (MAXIMUM - 100W 
 
 10OX 
 
 90X 
 
 100X 
 
 •ox 
 
 70K 
 
 •OX 
 100X 
 
 •OX 
 
 •OX 
 
 TOM 
 
 •OX 
 
 Relation of Employment to Wage for Women 609 
 
 GO per cent in one week in February when tlie number employed 
 ureek by week was considered separately. Wages fallowed a like 
 course, though the percentage of variation dropped somewhat 
 below that for numbers employed during the first months of the 
 year. 
 
 Evidence as to similar irregularity comes from widely scattered 
 pciuts — Baltimore, Kansas City and Portland, Oregon. In 
 Baltimore, Miss Butler's investigation of 1909 showed that the 
 larger retail stores employed only two-thirds as many women 
 during the dull season as in busy times. In Kansas City over a 
 tenth of the saleswomen questioned by the Board of Public Wel- 
 fare in 1912-13 had lost time from unemployment during the 
 previous year. In Portland, the report of the Social Survey 
 Committee in 1912 found that only those girls who had been tw^o 
 years or more in the same place could be reasonably sure of keep- 
 ing their positions after the Christmas rush was over, and even 
 then some girls who had been in the same store for several years 
 were laid off. 
 
 Shiftixo 
 
 Necessarily, then, on account of the varying number of sales- 
 girls required at different seasons, some women can remain in 
 their places for only short periods. But an intensive analysis 
 of the labor force made in a single large department store in 
 Boston reveals more clearly the actual situation in r^ard to the 
 very small proportion of steady workers. (See Chart XXV.) 
 In this investigation of all the women earning $8 a week or less, 
 who were 91.7 per cent, of the whole number, all specials, 
 emergency and Christmas help were excluded, yet just about one- 
 half the women remained in the establishment less than three 
 months. Only about a quarter remained the whole year. 
 
 The amount of shifting in New York City stores mounts up to 
 almost incredible numbers. (See Table 13.) In all the twelve 
 stores together for which the number added and left during the 
 year could be ascertained, the number of changes was greater 
 than the largest number employed at any one time. Firm No. 6 
 had only 6,700 employees at the maximum and 3,200 at the mini- 
 mum, yet 10,000 employees left during tiie year, voluntarily and ^ 
 
 Vol. n— 20 
 
 i i 
 
610 
 
 Appendix IV — "Wage Investigation 
 
 Relation of Employment to Wage foe Women 611 
 
 involuntarily, and 12,000 were taken on, — more than twice as 
 many as the largest number employed. In four of the other 
 stores, for which these facts could be ascertained, Nos. 4, 5, 12 
 and 17, the number shifting through the establishment during 
 the year was larger than the greatest number at work at any one 
 time. In each of the stores, there was a difference of from 35 
 per cent, to 45 per cent, between the smallest and largest num- 
 ber employed at any one time. With Firm No. 2, where there 
 was only a 17 per cent difference in numbers, it is noticeable 
 that the flux of workers was also lowest in proportion to the 
 total numbers employed ; 3,600 were employed in the busiest sea- 
 son, 3,000 in the dullest, and only 540 left and 875 .new em- 
 ployees were hired during the year. Up-state, a large depart- 
 ment store employed 1,777 persons during the year. Of this 
 number 5.9 per cent, remained less than a single week. About a 
 quarter, 25.9 per cent stayed from one to four weeks, and over 
 half, or 50.2 per cent less than three months. Only 12.2 per 
 cent, less than an eighth, held their places eleven months or 
 more out of the year. 
 
 On the other side of the continent, in the state of Washington, 
 a survey made by the Industrial Welfare Commission showed 
 that a quarter of the 1,268 women employees in mercantile estab- 
 lishments who were questioned, had been in their present posi- 
 tions three months or less. 
 
 While it is diiSicult to get reliable evidence as to the cause of 
 this great flux of workers and how far it is due to conditions 
 over which they have no control, yet the results of a few in- 
 quiries may be noted here. The 1911 Massachusetts Commis- 
 sion on Minimum Wage Boards, in investigating the trade his- 
 tories of 2,726 salesgirls, found that 26 per cent, or over a 
 quarter of the shifts among the 1,885 women who had changed 
 from one place to another were on account of "slack work or 
 none." A larger proportion of saleswomen in this industry 
 made changes for this reason than workers in the admittedly ir- 
 regular confectionary industry. Another investigation concern- 
 ing the incomes and expenses of 500 Boston working women was 
 made by Miss Louise Bosworth in 1907-9. The saleswomen con- 
 sidered had nominally an average yearly income of $382.92. 
 But their loss from slack work and unemployment — almost en-^ 
 
612 
 
 Appexdix IV — Wage Investigation 
 
 tirely from the latter — caused them a loss of 8 per cent, bring- 
 ing their average yearly income down to $356. 
 
 Lastly we must keep in mind the facts previously given as to 
 the varying numbers employed at different parts of the year. 
 Almost a quarter of the saleswomen in New York State, outside 
 the city and over a third in New York City alone, could not 
 possibly keep one place all the year round, however much they 
 wished to. It is not denied that personal reasons are an im- 
 portant factor in causing a large proportion of the changes, but 
 the industry itself cannot evade entire responsibility for this 
 demoralizing drift, so fatal to steadiness and efficiency. Retail 
 trade must stand convicted, then, as one more occupation which 
 has a share in creating a casual labor force, with all the attend- 
 ant evils to the human beings that compose it. 
 
 Special Problems 
 
 A special problem in connection with most retail stores is pre- 
 sented by the development of a separate department for making 
 up clothing for customers or altering ready-made garments. 
 These " alteration hands " sell no goods and their work is prac- 
 tically dress-making. It is not surprising therefore, that they 
 should suffer from irregularity of employment as dressmakers 
 do. They are very busy three months in the spring and three 
 months in the fall. For the time between there is almost nothing 
 to do, and the great majority of these women are discharged or 
 forced to take unpaid vacations or hunt for other work for several 
 months. Such was the state of affairs found in Massachusetts 
 and Connecticut, by state investigating commissions in 1911 and 
 1913 and in Baltimore through an investigation made by Miss 
 Butler in 1909, where one-third of the stores discharged all such 
 workers at the beginning of the dull season. 
 
 Anotiier special problem connected with irregularity of em- 
 ployment in retail stores is that of the "special" who works 
 during the rush hours of the day, or in the evening, or on the 
 heavy days of the week. How large a proportion of the whole 
 selling force they form is uncertain, but their use is undoubtedly 
 increasing. Estimates have been made of 8 per cent, in Boston, 
 4 per cent, in Baltimore, and 6 per cent in Kansas City. Natur- 
 ally since these women work only a part of the time they are paid 
 
 Relation of Employment to Wage for Women 613 
 
 only part time wages. Theoretically, students, married women^ 
 or others whose chief duties are elsewhere, get a chance in this 
 way to earn a little extra money, but there seems to be a good 
 deal of danger that needy workers who cannot get anything else 
 will depend on these positions for their entire income. Nor is 
 it clear how this can be avoided. 
 
 A third important point to be remembered in connection with 
 retail stores is that there is even less chance in stores than in 
 other lines that " overtime will make up for undertime " — or 
 unemployment in this instance. " There is more after hour 
 work in stores than the public is aware of " says the Massachu- 
 setts Conmiission on Minimum Wage Boards. There are the 
 long hours before Christmas, for instance, and moreover, prac- 
 tically all the caring for stock must be done after selling hours. 
 Such overtime is almost nevw paid for. Some stores give " sup- 
 per money" — 35 cents is a typical amount — when girls are 
 kept after seven o'clock in the evening. Sometimes a bonus is 
 paid on sales during December when the hours are longest, but 
 that is all. So the girl in the store who works through the 
 Christmas rush and is then discharged, seldom has the slight 
 chance of her sister in the factory to make a little extra to help 
 her through the dull setson. The great decrease in numbers also, 
 found everywhere in mid-winter and during the summer, gives 
 a girl discharged by one store very sli^t opportunity to find 
 work in another or in some different occupation, since these are 
 the slack times for almost all " women employing " trades. 
 
 Summaby. 
 We must, tiben, add retail stores to the long list of industries 
 where the workers suffer frc«n seasonal variations in employ- 
 meat It is not those few women who succeed in keeping their 
 places all year who suffer materially from unemployment ot 
 short time work with reduced wages, but once nK)re we find 
 fHreeent in large numbers the casual worker for whom the in- 
 dustry does not provide a place all the year round. How many 
 of such workers there are is uncertain. According to the New 
 York City figures they mount up to two-fifths of the whole num- 
 ber employed. Certainly there are enough of them to form a 
 serious problem in establishing a real living wage. 
 
LAUNDRIES 
 
 GENERAL STATISTICS 
 
 Like so many other one-time household activities, much of the 
 washing of clothes has gone outside the home into large estab- 
 lishments with the factory characteristics of machinery and ex- 
 tensive division of labor. According to the latest census of manu- 
 factures in 1909, laundries gave employment to an average num- 
 ber of 77,330 women wage earners over 16 in the United States 
 — 70.6 per cent of the whole number of wage earners engaged 
 in this trade. Since this is the first time figures for this in- 
 dustry were collected, no comparisons with previous census 
 periods can be made, but undoubtedly the industry is a growing 
 one. Steam laundries are well scattered throughout the country, 
 furnishing employment to the largest numbers, naturally, in the 
 states having large percentages of urban population. 
 
 Seasonal Vawations 
 
 The question whether any great amount of involuntary ir- 
 regularity of employment exists in laundries and whether earn- 
 ings are greatly reduced by industrial causes cannot, it must be 
 acknowledged, be answered with any degree of certainty from 
 any reliable information at present available. 
 
 A steam laundry is kept open throughout the entire year and 
 there is but slight variation in the numbers employed by months 
 through the year. In the whole United States there was about 
 a 10 per cent, increase in the number of laundry workers dur- 
 ing the months of July, August and September, 1909, when 
 more wash-clothing is in use, while the smallest numbers are em- 
 ployed in January and February. In the larger establishments 
 in urban centers where much linen is washed for hotels, steam- 
 ships and Pullman cars, the work is very steady from season to 
 season. 
 
 In such laundries hours vary from day to day according to the 
 receipts of work to be done; an unusual number of visitors in 
 
 16141 
 
 Relation of Employment to Wage for Women 615 
 
 town, a convention, the arrival of several steamships will cause 
 the working of overtime, while in any kind of steam laundry 
 hours are likely to be irregular from day to day over a weekly 
 period. The average laundry employee begins late on Monday 
 morning, because the work cannot be collected and sorted before 
 that time. She is likely to work till late Friday evening and 
 not at all or only a few hours on Saturday since the custom is 
 to get each week^s work out of the way by Saturday night For 
 the same reason overtime is almost always worked the evening 
 before a holiday. The weekly total of hours is not likely to 
 be high but there are one or two long days every week. 
 
 (Statistics of Ibbegulab Employment. 
 Steady workers in laundries imdoubtedly suffer very little 
 from the lack of employment. The ^lassachusetts Commis- 
 aion of 1911 questioned on this point 593 workers remaining the 
 whole year with the same firm and 1,049 "part of the year 
 workers " who stayed in the same place an average period of 36 
 weeks. Of the former only 1.5 per cent lost time from "en- 
 forced idleness," b^ng out but 4 days each, on the average, from 
 this cause. Only 1.8 per cent of the latter lost time in liis wav, 
 though these few lost a considerable amount, an average of 30.6 
 days each or 14.1 per cent of their whole period of employment 
 It is the same state of affairs as was found among the " steady " 
 group of salesgirls. The same investigation compares the aver- 
 age weekly earnings of 539 " annual workers " for the weeks 
 they had work with 1/52 of their annual earnings. The diffei^ 
 ence between the two is very small, only 18 cents a week, amount- 
 ing to 21^ per cent of their annual earnings. Absence for per- 
 sonal reasons might readily account for all of this. In candy 
 factories for instance the weekly loss computed on the same basis, 
 was 10 per cent 
 
 Shifting. 
 
 But it is a very small portion of the women in laundries who 
 are such steady workers. For the most part the labor force is of 
 a particularly shifting character. 
 
 The testimony of employers before the Washington Minimum 
 Wage Commission in 1913 makes this very clear. The proprietor 
 
616 
 
 Appendix TV — Wage Invebtioation 
 
 of a laundry in Tacoma said " 60 to 90 days eliminates a crew com- 
 pletely. Some of the girb work but a few dayt." Another from 
 Spokane admitted that " 76 per cent, of the women coming ta 
 his plant did not stick." A third said that he developed one com- 
 petent lanndrees out of every ten who start in. On the other side 
 of the continent, in Massachusetts, the same conditions prevail. 
 In 1911 the Commission on Minimum Wage Boards found that 
 in one laundry, 57 per cent, of the workers remained less than 
 three months. In another 76 per cent had left by the end of 
 that time (see Chart XXVI). Only 19 per cent, in the former 
 and 7 per cent, in the latter were permanent " annual " workers. 
 In 1914 the Massachusetts Minimum Wage Commission again 
 studied the length of time that nearly 3,000 women workers had 
 stayed in the same establishment. Not quite one-half remained 
 four months or less. There were however great diiferences be- 
 twe«i the 36 laundries studied. In two laundries, 30 per cent, 
 of the womeji kept their plaoes the whole year while in four othera 
 only 2 per cent, did so. Between the various occupations the dif- 
 ferences are likewise marked. Workers are least permanent in the 
 least skilled, lowest paid lines of work. For instance, a woman i» 
 likely to become *' shaker" when she first enters a laundry. All day 
 long she shakes out the wet linen which has been packed into solid 
 masses by the whirl of the washing machines- Only 3 per cent, of 
 these workers remained the 'whole year, whereas 22 per cent, of the 
 hand washers did so, and 23 per cent, of the " bosom pressers," 
 who iron the bosoms of men's stiff shirts, an operation requiring 
 much skill. Xow the question is, what ia the oause of this flux of 
 workers ? Is it the nature of the work, exhausting yet little skilled, 
 carried on mostly in the midst of heat and steam and for low 
 wages ? Or is some portion of the shifting due to slack work and 
 therefore involimtary on the part of the workers? It is difficult 
 to answer these questions with the information thus far available 
 about the industry. The Massachusetts Minimum Wage Commis- 
 sion, which has made the most recent and most searching investi- 
 gation of the laundry industry, says that " the material which 
 could be obtained * * ♦ was not a matter of record and appeared 
 highlv unreliable." 
 
 Evidence as to the partial responsibility of the industry for 
 
 Relation of Employment to Wage toe Women 617 
 
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618 
 
 Appendix IV — Wage Investigation 
 
 this flux of workers was found by the Massachusetts Commission 
 on Minimum Wage Boards in 1911 when it questioned 1,045 
 women laundry workers, as to their reasons for changing posi- 
 tions. Twenty-one per cent had always been in the same place, 
 but 21 per cent, of the changes made by those who had shifted 
 were on account of " slack work or none." This percentage is 
 just about as large as the proportion changing for the same reason 
 in the admittedly irregular confectionery industry. On the 
 other hand, in Milwaukee, in the years 1911-12, a federal in- 
 vestigation of women workers in power laundries disclosed the 
 fact that " the fluctuations of trade do not cause an average loss 
 of more than one month in twelve."^ This is not great as indus- 
 tries go. 
 
 The strongest proof of the personal causes behind the shifting, 
 however, is found in this same 1914 report of the Massachusetts 
 Minimum Wage Commission on wages of women in laundries. 
 They found the percentage of the total number of employees 
 studied who were out of work each week during the year. This 
 percentage varied very little throughout the whole period, and 
 showed therefore nearly the same number entering and leaving 
 positions each week. Hence the Commission, believes that " in- 
 dustrial causes proper play but a small part in the fluctuation of 
 employment " and, weighing all the evidence, this seems to be the 
 onlv conclusion to draw as to the situation. 
 
 Variation in Earnings 
 
 There appears to be, therefore, little forced unemployment 
 among laundry workers, only slight variation in the numbers 
 employed at different seasons, and but little closing for entire 
 days. Morever, most laundry workers are paid a flat rate often 
 with overtime pay for the extra hours of the long day. It might 
 then be thought that weekly earnings would equal weekly rates of 
 pay, or even rise above them. But this is seldom the case. The 
 1914 investigation of the Massachusetts Minimum Wage Commis- 
 sion showed that as in so many other industries, weekly rates 
 rose above weekly earnings. Twenty-nine and six tenths per cent. 
 
 1 Department of Labor, Bureau of Labor Statistics, Bulletin No. 122, p. 79. 
 
 Relation of Employment to Wage for Women 619 
 
 of the 3,000 women employees covered by the investigation were 
 scheduled at less than $6 a weeL In reality over half, 51.5 per 
 cent, received less than that sum. In addition only half as many 
 really received the larger weekly earnings as were rated at these 
 sums; 16 per cent had weekly rates of $9 and over, but only 8.2 
 per cent, actually averaged this amount. (See Chart XXVII.) 
 Short time and not entire days' or weeks' absence is the cause of 
 most of this discrepancy between rates and earnings according to 
 a table correlating average weekly hours and earnings in this 
 same investigation. There is, therefore, a considerable amount 
 of short-time and this holds true not only in Massachusetts but 
 in other localities as well. In Washington, 19.4 per cent, of the 
 laundry workers studied by the Industrial Welfare Commission 
 worked 40 hours or less weekly, and 19.3 per cent worked less than 
 6 days a week. In Massachusetts in the seven laundries where 
 records of weekly hours were kept> 9.1 per cent of the women 
 worked less than 40 hours a week and 14.4 per cent more worked 
 less than 46 hours. 
 
 Short time exists, then, in laundries just as in so many other 
 industries and time wages fall off as do the hours worked. 
 Women in laundries, like so many other workers are paid almost 
 "by the minute." The earlier Massachusetts investigation, in 
 1911, noted a " tendency to pay the worker only for the hours 
 during which she was employed," thus " paring down the labor 
 cost at the expense of labor." This meant only small losses day by 
 day, a half hour here and an hour there. But such small intervals 
 cannot be made up with other work and the loss runs up to a 
 considerable sum in the course of a year. On the other hand many 
 employers insist that most of the short time is due to the personal 
 preference of the employees. The later 1914 Massachusetts in- 
 vestigation finds this difference of opinion and is obliged to leave 
 the point open. " What amount of this loss " (in earnings com- 
 pared with rates) " is due to compulsory short time and what to 
 the preference of the employee is a matter about which the Com- 
 mission was not furnished material with which to form an im- 
 partial judgment" But one thing is certain, rates and earnings 
 are far from identical. A minimum wage rate would not mean an 
 adequate income to many laundry workers. 
 
620 
 
 Appendix IV — Wage Investigation 
 
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 Relation of Employment to Wage for Women 621 
 
 SuMMAItY. 
 
 Except in the larger and more modem establishments, much of 
 the work in laundries is extremely disagreeable, carried on in 
 rooms filled with heat, steam and moisture, and under conditions 
 involving considerable physical exertion for extended periods of 
 time — all of which is apt to cause the more inexperienced worker 
 great fatigue or even illness. Wages, except for the older, steady 
 workers are low. It can scarcely be a matter of surprise therefore 
 that the amount of shifting in laundries is very great, although 
 fairly steady employment seems to be offered. This situation 
 presents a peculiar problem for minimum wage boards. If it is 
 the intention really to provide a living wage, should not a higher 
 rate be allowed for this industry where the physical exposure of 
 the worker is so much greater? Any employer who objects to 
 this higher rate has, of course, the option of bettering the con- 
 ditions of work by removing the causes of excessive physical strain 
 and unhealthful conditions. In this way he will take away the 
 objections of many employees to his work and will secure for him- 
 self a more steady and reliable set of workers. 
 
CANNING AND PRESERVING 
 
 The canning of fruits, vegetables, and fish is a prosperous and 
 growing industry in the United States. Few industries exhibit 
 a greater seasonal variation in the numbers employed month by 
 month during the year. According to the latest United States 
 Census of Manufactures taken in 1909, the maximum nimiber 
 of wage earners, 154,800, was employed on September 15th. 
 The minimum number, 19,998, employed on January- 15th was 
 only 12.9 per cent of the maximum number. Moreover, very 
 nearly half of the whole number of wage earners were women 
 sixteen and over. The number of women at work on a " repre- 
 sentative day " in 1909 was 77,593, 49.8 per cent of the whole 
 number of wage earners. The industry is, therefore, one 
 characterized by extreme seasonal variation and providing employ- 
 ment for large numbers of women workers for short periods of 
 time. 
 
 Two types of canneries must be distinguished. One is 
 generally found in large cities. It uses not only a variety of fresh 
 fruits and vegetables drawn from a considerable territory, but 
 also it may prepare baked beans, pickles, various ketchups and 
 sauces, plum puddings, and so on. In that case such an establish- 
 ment may run the whole year round, though its work will be 
 much heavier in the late summer and early fall than at other 
 seasons. Under these conditions, the problem of irregularity is 
 chiefly one of reducing excessive hours of overtime for the women 
 workers during the busy season through the legal regulation of 
 their hours of labor. 
 
 The other type of cannery is generally found in small towns 
 or in the open country, and puts up one or a few kinds of fruit 
 and vegetables raised nearby. It is open only a few weeks in the 
 late summer or early fall, the period lengthening out if several 
 different kinds of products are used. The working force may bo 
 whole families, largely foreigners, who have come out from the 
 cities for the season ; or it may be the people of the neighborhood, 
 including many married women, school girls and children who 
 
 16221 
 
 Relation of Employment to Wage fob Women 623 
 
 are not regular wage earners, or it may be any mixture of these 
 two classes. Thus apart from the usual currents of industrial life 
 many serious abuses may flourish, such as the work of young 
 children, bad sanitary conditions and over-crowding and in- 
 credibly long hours with frequent night- work. It is to child 
 labor laws, the sanitary regulation of labor camps, and laws 
 regulating women's hours of labor that we must look for the cor- 
 rection of these evils. 
 
 The adjustment of a minimum wage rate in such canning fac- 
 tories should require, therefore, not so much an allowance for the 
 reduction in earnings from short time and unemployment, but 
 a consideration of a fair wage level for an industry that runs only 
 a part of the year, during which time a certain number of hours' 
 work may reasonably be expected. In Australia, similar work 
 is thought of as an " expedition " and the wage is calculated on 
 the basis of a fair return for unskilled labor for the trip as a 
 whole, making allowance for " the short periods of employment, 
 the expenditure of money and of time in getting to the work, the 
 broken time of the employees, the fact that they are paid by the 
 hours of actual work."* These conditions are identical with the 
 conditions of employment in this second type of cannery in the 
 United States, where the problem has not been taken up. Yet 
 in New York where these " country canneries " are of great im- 
 portance, it would be an important and difficult question for any 
 Minimum Wage Board. 
 
 1 Reports of the Commonwealth Arbitration Court of Australia, Vol. 6, p. 61. 
 
MISCELLANEOUS 
 
 The industries already described by no means exhaust tbe list 
 of those in which women workers suifer from irregular employ- 
 ment. So little attention has been paid to the special problem of 
 irregular and casual labor for women in the United States that 
 it is impossible to get hold of its entire extent Scattering bits 
 of evidence, however, indicate that the following industries give 
 rise to considerable irregularity of work with the resulting loss 
 of earnings. The list is admittedly incomplete, but may serve 
 to emphasize further the seriousness of the problem. Separately 
 each one is not of relatively great importance as an employer of 
 women, but altogether in the ones for which separate figures can 
 be obtained, over 20,000 adult women wage earners are found. 
 This number does not include " dyeing and cleaning," " tin 
 cans " and " leaf tobacco "' treated below, since the number of 
 wage earners is not given separately in the census for those occu- 
 pational groups. 
 
 Awnings 
 
 The busy season in this industry is at most April, May, June 
 and July. " With the first warm days, all the customers order 
 at once."^ In Pittsburgh in 1907 it was found that during the 
 rest of the year only a quarter or half of the force was kept on 
 hand. The same state of affairs existed in Kansas City in 
 1912-13, according to the Board of Public Welfare. In Massa- 
 chusetts in 1912, also, work was only good for these same four 
 months. According to the Statistics of Manufacture for that 
 year, the largest number were employed in June, nearly as many 
 in April, May, and July, and only 65 per cent, to 65 per cent, of 
 the maximum during the rest of the year. Evidently a large pro- 
 portion of these women- must get their living through some other 
 sort of work for eight months a year or remain unemployed. 
 "Not do steady workers entirely escape these effects of seasonal 
 irregularity. The Massachusetts establishments were entirely 
 
 1" Women and the Trades," by Elizabeth B. Butler, p. 151. 
 
 [624] 
 
 Relation of Employment to Wage for Women 625 
 
 closed an average of thirty working days during 1912, therefore 
 reducing the time and earnings of the steady workers 10 per cent 
 in this way alone. 
 
 Buttons 
 
 Probably on account of its connection with the various gar- 
 ment trades the manufacture of buttons fluctuates as do the 
 garment trades in regard to the number of women employed. 
 There is a slight rise of numbers in the spring, a very low drop 
 during the summer, the climb to the highest point in the late 
 fall, and a decline after Christmas. In Massachusetts only 80 
 per cent, of the women in 1912 could keep their places the year 
 round. In New Jersey the manufacture of pearl buttons, which 
 is not especially seasonal, is classified separately from that of 
 metal buttons. In the latter in 1912 there were places for only 
 55 per cent, of the women employees for the entire twelve months, 
 while curiously enough, the number of men employees, who com- 
 pose about half of all wage earners, varied but little at different 
 parts of the year. In New York City in 1913, the State Factory 
 Investigating Conmiission found that in the manufacture of 
 covered and celluloid buttons, four large establishments em- 
 ployed a maximum of 360 and a minimum of 178 workers or 
 only 49.8 per cent, of the largest number. The Commission 
 states that while the best workers have almost continuous em- 
 ployment, the average button-maker works only six or eight 
 months a year. 
 
 The steady workers, too, lost considerable time during the 
 year, since in 1912, in both Massachusetts and New Jersey, the 
 factories even according to the inadequate figures on " average 
 number of days in operation yearly" were entirely closed two 
 weeks out of the year. Undoubtedly in addition to this loss they 
 suffered from short time and an additional reduction in earnings, 
 for these conditions have been found to go together wherever more 
 extended investigations have been made. Such a situation is 
 indicated by the fact that in New York City in 1913, the State 
 Factory Investigating Commission found that half the women 
 workers were rated at $7.50 or more weekly, but that in the 
 
626 
 
 Appendix IV — Wage Investigation 
 
 selected week in which their wages were studied, over half re- 
 ceived less than $7. 
 
 In addition, the figures available show fluctuations in the in- 
 dustry from year to year, probably due to the greater or lesser 
 use of buttons as dress trimmings. In 1910 in Massachusetts 
 there was considerably more irregularity than in 1912, since in 
 the fonner year the minimum number of women employees was 
 only 60 per cent of the larg^t number, instead of the 80 per 
 cent of the latter year, and the establishments were closed an 
 average of 49 working days during 1910, which meant a loss 
 of no less than eight weeks to the steady workers. In New 
 Jersey in the same year, the average length of time entirely lost 
 by each establishment was nearly four weeks. The number of 
 women employees remained comparatively even during the year, 
 but the largest number was about the same as the smallest num- 
 ber in 1912, indicating a stagnant condition in the industry at 
 that time. 
 
 Bbushes 
 
 In Massachusetts in 1913, perhaps on account of the competi- 
 tion of prison labor, the State Minimum Wage Commission found 
 brush making to be a ^'stagnant trade'' in which short time 
 weekly wsts the rule. Out of 489 workers for whom data as to 
 average weekly hours were available, 27.1 per cent, worked an 
 average of less than 42 hours weekly, and 54.8 per cent.^ — over 
 half — worked less than 46 hours weekly. Only 13 women worked 
 60 hours a week or more. Though some of the manufacturers 
 claimed that this working of short time and consequent reduction 
 of wages was voluntary on the part of the employees, since this 
 condition existed among time workers as well as among piece 
 workers, the Conmiission felt that it indicated lack of work. 
 
 The Commission found, however, that no great seasonal varia- 
 tions existed. Nearly the same number of the steady workers 
 were unemployed each week in the year, except for short periods 
 in June and August, and the Commission thought that the in- 
 creased number of absences in these times might easily be ac- 
 counted for by vacations. In Pittsburgh, on the contrary, in 1907, 
 
 Relation of Employment to Wage fob Women 627 
 
 marked seasonal irregularity in the trade was discovered.^ No 
 obvious reason appears why brushes are not just as much needed 
 at one season as at another, yet in Pittsburgh there was a markedly 
 busy season with overtime from April to August and a very slack 
 period from August through the fall. 
 
 Dyeing and Cleaning 
 In Pittsburgh in dyeing and cleaning shops it was discovered'* 
 that overtime work occurred three to five nights weekly from 
 March to May. Then during the summer when well to do people 
 are out of town and more wash clothes are worn, there was a 
 slack season during which the majority of the women employees 
 were dismissed. 
 
 Glass 
 
 The majority of the women in glass factories are employed in 
 the decorating, finishing and packing departments of plants that 
 manufacture fancy glassware. A federal investigation^ made in 
 1907-8, states that a third (31 per cent) of all the women wage 
 earners worked overtime during the fall months of the year in- 
 vestigated. They worked one, two or three hours several evenings 
 a week, the time mounting up to an average of thirteen working 
 days for each one doing this overtime work. Then in the sum- 
 mer almost every factory was shut down through July and 
 August. In this way all the women would have their annual 
 wages reduced by a sixth while only a third had a chance to gain 
 anything by overtime. This fact in itself tends to discredit the 
 wage-rate as a measurement of earnings for the 80 per cent who 
 are time workers. Other figures emphasize the same fact First 
 a " normal week " was selected and the number of days worked 
 by each woman in the finishing department was found. Half 
 did not work full time. Then their computed weekly full-time 
 earnings and actual earnings were compared; 8 per cent, were 
 supposed to earn less than $4 a week, but in reality 33 per cent 
 actually received that sum. In each wage group above $4, fewer 
 women were found than were nominally at that rate. 
 
 1 " Women and the Trades," by Elizabeth B. Butler, p. 255. 
 
 a Ibid, p. 205. 
 
 • Woman and Child Wage Earners, Vol. III. 
 
628 
 
 AppEjf Dix IV — Wage Iuvestigatioit 
 
 TABLE 14 
 
 GLASS — SELECTED FACTORIES, 1907-B 
 
 (From WomsB and Child Wagv Enraera, Vol. Til. pp. 404 and 40ft> 
 
 A. NUMBEBS AND PEBCENTAGBS WORKINO DirTERKJIT NuMBBRB OF DaTB WkKKLT^ A "tNOBMAL 
 
 Wei:k " — WoTtfEN 16 A?«> Otek 
 
 Dat8 Wobked 
 
 Per cent. 
 
 Full time, 6 days 
 
 6-6 days 
 
 4-5 days 
 
 3-4day& 
 
 Less than 3 days 
 
 Total. 
 
 100.0 
 
 B. TxTLh TniE 
 
 AND ACTTTAL 
 
 Weekly EARsmos 
 
 IN A "Normal ' 
 
 Wnx "— 
 
 All Females 
 
 
 
 Under $2- 
 12 ,12.99 
 
 j 
 
 $3- 
 3.99 
 
 228 
 462 
 
 14- 
 
 4.99 
 
 $5- 
 
 5.99 
 
 •6- 
 
 6.99 
 
 559 
 346 
 
 20.2 
 12.5 
 
 t7- 
 7.99 
 
 196 
 144 
 
 7.1 
 5.2 
 
 18- 
 
 8.99 
 
 9ft 
 66 
 
 3.5 
 24 
 
 19- 
 9.99 
 
 76 
 
 tio- 
 
 11.99 
 
 13.99 
 
 $14- 
 
 over 
 
 11 
 
 Total 
 
 Number earning 
 
 Computed full 
 
 
 1 
 
 852 
 767 
 
 603 
 545 
 
 25.0 
 19 6 
 
 43 
 
 20 
 
 2,774 
 
 
 
 given amounts f 
 
 Actual earnings 
 
 120 218 
 
 1 
 
 54 
 
 2.7 
 l.fi 
 
 32 
 1.5 
 
 14 
 0.7 
 
 6 
 0.4 
 
 2.774 
 
 Per cent, earning 
 
 Computed full 
 time earnings 
 
 1 
 
 82 
 16.7 
 
 30.7 
 27.6 
 
 100.0 
 
 given amounts. 
 
 Artaal enmines 
 
 4.3 
 
 7.9 
 
 1.2 
 
 05 
 
 02 
 
 100.0 
 
 « Less than 1/10 of 1 ' c. 
 
 Paikt 
 
 A few women are employed, not in the making of paint itself, 
 but in labeling cans. It is low grade, totally unskilled work and 
 the employees are of a shifting character. They are busy through 
 February, March and April, and again in September and October. 
 Between times " half the force is dismissed when the spring and 
 fall seasons of hovise repairing are over."^ 
 
 Paper Bags 
 In Kansas City it was reported by the Board of Public Wel- 
 fare in 1912 that while the factories making paper bags are busy 
 during the summer and fall, work is slack for the first five month» 
 of the year. The number of women was decreased by a fifth dur- 
 ing this dull season, and those left at work had their earnings 
 reduced on account of short time. 
 
 Tanneries 
 The women who work in tanneries suffer from both short time 
 and lack of work. In Massachusetts, during the first seven months 
 of 1912 their numbers were a quarter less than in the latter part 
 1" Women and the Trades," by Elizabeth B. Butler, p. 268. 
 
 Kblation or Employment to Wage fob Women 629 
 
 of the year. An investigation of women workers in Milwaukee 
 tanneries in 1908,' showed that for them "undertime was the 
 great factor in reducing wages." For example, in one factory 
 68 women were employed during one fortnightly pay period, but 
 only 16 of them worked full time and their average working 
 hours were 119 instead of 130. The amount of work done in 
 the two weeks would have provided 63 instead of 68 women with 
 full-time employment. Again 66 girls were at work through a 
 ten-day pay-period. Only 17 worked full time, and their aver- 
 age actual working hours for the ten days were 88. The full 
 time hours were 100. Fifty-nine women, all on full time, could 
 have done the work. A multitude of similar cases established 
 
 the general conclusion. 
 
 Tin Cans 
 The manufacture of tin cans resembles that of paper boxes in 
 that the cans are of little value in proportion to their bulk and 
 are difficult to store. They are therefore usually made just as 
 orders come in. Plants doing a general business are thus fairly 
 steady, but those working for any seasonal industry are them- 
 selves highly seasonal. An example of the latter is one plant in 
 a state prominent in fruit and vegetable canning which works too: 
 a canning factory.^ Statistics show that for this establishment, 
 from the middle of April till after the end of September, a force 
 of 1,200 men, women and children are hard at worii, often with 
 overtime. Then the business drops down to practically nothing, 
 and all the workers except perhaps 100 are discharged. 
 
 Tobacco 
 Most work connected with the manufacture of tobacco is fairly 
 steady. But in one line, the preparation of leaf tobacco for cigar 
 manufacturers in warehouse factories in the South "the work 
 hegins in January and lasts for only about four months."^ Thus 
 the women employed, (whose number cannot be determined since 
 in all the statistics this process is included with others) must 
 find work somewhere eke during the greater part of the year. 
 
 1" Women Workers in Milwaukee Tanneries," by Irene Osgood, p. 1059. 
 Part VII of the Report of the Wisconsin Bureau of Labor & Industrial Statis- 
 tics, 1907-8. 
 
 2 Woman and Child Wage Earners, Vol. X^^II, p. 57. 
 
 8 Ibid, p. 308. 
 
630 
 
 Appendix IV — Wage Investigation 
 
 Relation of Employment to Wage for Women 631 
 
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 TJ 
 
 1 
 
 8 
 
 I 
 
 
 04 
 
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 ^ 
 
 3 
 
 kO 
 
 s 
 
 3" 
 
 < 
 
 tc 
 
 
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 ■J 
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 f*t«i 
 
 1^1 blH 
 
 CO 
 
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 I 
 
 IV. A PROPOSED MEASURE TO INSURE A STEADY 
 
 INCOME 
 
 In order to insure workers a given income for a definite period 
 of time the following proposal was made in March, 1914, by Mr. 
 Robert G. Valentine, chairman of the Wage Board for the brush 
 industry under the Massachusetts Minimum Wage Commission. 
 
 Descriptive Statement of the Actual Working op Rule I, 
 Which the Chairman Was Directed by the Board to 
 Make 
 
 Rule /. — That n minimum salary by ten-week periods be com- 
 bined with an hourly time rate or piece rate system of pay and 
 workers shall receive each week after ten weeks of employment 
 and as long as they are on the payroll not less than that minimum 
 salary less proportionate deductions according to the hourly rate 
 for voluntary absence. This minimum salary shall be computed 
 as follows: Each weekly pay day the minimum weekly rate set 
 by this Board shall be multiplied by ten, and if the total earnings 
 of the employee during the ten-week period immediately preced- 
 ing each weekly pay day do not equal that amount the difference 
 shall be paid to her each week. 
 
 Rule II.— The minimum weekly rate set by the Board governs 
 the hourly rate that may be deducted under Rule I for voluntary 
 absence. 
 
 For purposes of illustration I have chosen four-week periods 
 instead of ten week periods simply to avoid taking up space. 
 
 The earnings of a worker are shown for 12 weeks. The third 
 column shows the amounts that would have to be made up to meet 
 the minimum wage of $7.75, if the settlement were made each 
 week for that week only. The fourth column shows the amount 
 that would have to be made up to meet the minimum wage of 
 $7.75, if the settlement were made each week for a four-week 
 period, according to the provisions of Rule I. 
 
 It will be seen from the figures that under the first method, the 
 manufacturer in the course of the 12 weeks listed would have to 
 pay $12.20 ; under the second system, he would have to pay $9.70. 
 
 The second system is the one laid down by the rule. 
 
 [633] 
 
634 
 
 Appendix IV — Wage Investigation 
 
 DESCRIPTIVE TABLE CONTRASTING PAYMENTS MADE ON WEEKLY AND FOUR 
 
 WEEKLY BASIS 
 
 Wbbka 
 
 Weekly eamingn 
 
 ▲MOUNT NECKMABT 
 
 TO MAKK UP THB 
 
 lUNIMUM 
 
 Minimum 
 
 
 By each 
 week 
 
 By 4 week 
 periods 
 
 wage 
 
 First 
 
 $6 50 
 8 00 
 8 50 
 5 50 
 
 $1 25 
 2 25 
 
 
 
 Second 
 
 Third 
 
 $7 75 
 7 75 
 
 Fourth 
 
 7 75 
 7 75 
 
 
 S28 50 
 
 
 $2 50 
 
 $31 00 
 
 Second 
 
 Third 
 
 S8 00 
 
 8 50 
 
 8 00 (5 50 +2 50) 
 
 4 30 
 
 3 45 
 
 
 $7 75 
 
 Fourth 
 
 Fifth 
 
 7 75 
 7 75 
 
 
 7 75 
 
 
 S28 80 
 
 
 2 20 
 
 $31 00 
 
 Third 
 
 $8 50 
 
 8 00 
 
 6 50(4 30+2 20) 
 
 9 00 
 
 
 
 iMV iV* 
 
 Fourth 
 
 Fifth 
 
 $7 75 
 7 75 
 
 Sixth 
 
 7 76 
 7 75 
 
 
 
 S32 00 
 
 
 
 $31 00 
 
 Fourth 
 
 Fifth 
 
 $8 00 
 6 50 
 9 00 
 8 50 
 
 
 
 $7 75 
 
 Sixth 
 
 7 75 
 
 Seventh 
 
 7 75 
 
 
 
 
 S32 00 
 
 
 
 $31 00 
 
 Fifth 
 
 S6 50 
 9 00 
 8 50 
 8 00 
 
 
 
 $7 75 
 
 7 75 
 7 75 
 7 75 
 
 Sixth 
 
 Seventh 
 
 Eighth 
 
 
 $32 00 
 
 
 
 $31 00 
 
 Hxth 
 
 $9 00 
 8 50 
 8 00 
 5 00 
 
 2 75 
 
 
 $7 75 
 7 75 
 7 75 
 7 75 
 
 Seventh 
 
 Eighth 
 
 Ninth 
 
 
 
 $30 50 
 
 
 50 
 
 $31 00 
 
 Seventh 
 
 Eighth 
 
 Ninth 
 
 $8 50 
 
 8 00 
 
 5 50(5 00+.50) 
 
 6 00 
 
 1 75 
 
 
 $7 75 
 7 75 
 7 75 
 7 75 
 
 Tmth 
 
 
 
 $28 00 
 
 
 3 00 
 
 $31 00 
 
 Relation of Employment to Wage fob Women 635 
 
 Descriptive Table — {Concluded) 
 
 
 Weeks 
 
 Weekly earnings 
 
 AMOUNT NECE88ABT 
 
 TO MAKE UP THB 
 
 MINIMUM 
 
 Minimum 
 
 By each 
 week 
 
 By 4 wf ek 
 periods 
 
 wage 
 
 Eighth 
 
 Ninth 
 
 $8 00 
 
 5 50 
 
 9 00(6 00+3 00) 
 7 00 
 
 $0 75 
 
 
 $7 75 
 7 75 
 
 Tenth 
 
 7 75 
 
 Eleventh 
 
 7 75 
 
 
 $29 50 
 
 
 $1 50 
 
 $31 00 
 
 Ninth 
 
 $5 50 
 
 9 00 
 
 8 60(7 00+1 60) 
 
 8 00 
 
 
 
 $7 75 
 
 Tenth 
 
 Eleventh 
 
 Twelfth 
 
 7 75 
 7 75 
 7 75 
 
 
 $31 00 
 
 $12 20 
 
 $9 70 
 
 $31 00 
 
 • • • 
 
 • . • « 
 
 • • 
 
COLUMBIA UNIVERSITY LIBRARY 
 
 This book is due on the date indicated below, or at the 
 expiration of a definite period after the date of borrowing, 
 as provided by the rules of the Library or by special ar- 
 rangement with the Librarian in charge. 
 
 DATE BORROWED 
 
 DATE DUE 
 
 DATE BORROWED 
 
 DATE DUE 
 
 FEB 9 '67 F 
 
 ikH 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 \ 
 
 
 
 
 
 
 
 
 
 CM(M«)MI0O 
 
 
 
 
 AUG 101994 
 
 \ 
 
 OCT 1 1940 
 
• ' . 1 '^ ■ 
 
 
 CdumWa ®nit»ec8fftp 
 
 
 LIBRARY 
 
 School of Business 
 
 School of Buslnets Ltbrary 
 Columbia Uaiveraity 
 
 JUL<£5 1941 
 
 l-r 
 
 I 
 
 / 
 
STATE OF NEW YORK 
 
 I) 
 
 FOURTH REPORT 
 
 OF THE 
 
 Factory Investigating Commission 
 
 1915 
 
 VOLUME III 
 
 STATISTICAL TABLES 
 
 TRANSMITTED TO THE LEGISLATURE FEBRUARY 15. 1915 
 
 
 ALBANY 
 
 
 . . •• p. 
 
 ^.YON eOMRANY. 
 
 PRINTERS 
 
 • 
 
 
 
 •• 
 • * 
 
 • 
 
 • • . ' 
 
 • • • 
 • 
 
 • • • • 
 
 • • • » • 
 
 • 
 
State of New York 
 
 
 
 a 
 
 
 CD 
 
 4 J 
 
 C3 
 
 No. 43 
 
 IN SENATE 
 
 February 15, 1915 
 
 FOURTH REPORT 
 
 OF THE 
 
 New York State Factory Investigating Commission 
 
 February 15. 1915 
 
 • ' * 
 
 • * 
 
 • t 
 
 • • • 
 
 ABRAM I. ELKUS 
 
 Chief Counsel 
 
 BERNARD L SHIENTAG 
 
 Assistant Counsel 
 
 ROBERT F. WAGNER 
 
 Chairman 
 
 ALFRED E. SMITH 
 
 Vice-Chairman 
 
 CHARLES M. HAMILTON 
 EDWARD D. JACKSON 
 CYRUS W. PHILUPS 
 SIMON BRENTANO 
 MARY E. DREIER 
 SAMUEL GOMPERS 
 LAURENCE M. D. McGUIRE 
 
 FRANK A. TIERNEY 
 
 Secretary 
 
 HOWARD B. WOOL5TON 
 
 Director of Wage Investigation 
 
 ALBERT H. N. BARON 
 
 Assistant Director 
 

 APPENDIX V 
 
 STATISTICAL TABLES 
 
 Supplementary to Report of General Wage Investigation 
 
 
STATISTICAL TABLES 
 
 The following statistical appendix is in the nature of a supple- 
 ment to the main portion of the wage report, and contains de- 
 tailed statistics with reference to the industries investigated by 
 the Commission. 
 
 It presents for convenient reference, a series of tables showing 
 in detail the distribution by localities and divisions of the indus- 
 tries investigated, and affords a basis for direct comparison. 
 
 The subjects dealt with in the tables are set forth in the follow- 
 ing list : 
 
 Tabk Seriea Subject 
 
 I. Number of employees according to age groups, by locality and sex. 
 
 n. Number and per cent, of all employees according to nativity, by 
 locality. 
 
 IIL Number of employees earning specified weekly rates, by locality 
 and sex. 
 
 IV. Number of employees classified according to actual weekly earnings, 
 by locality and sex. 
 
 V. Number of employees earning specified weekly rates, by age groups 
 and sex. 
 
 VI. Number of employees classified according to actual weekly earnings, 
 by age groups and sex. 
 
 VIL Number and per cent, of employees, by sex, according to occupation 
 and nativity. 
 
 VIII. Number and per cent, of employees earning specified weekly rates 
 according to occupation and sex. 
 
 IX. Number and per cent, of employees classified according to actual 
 we^ly earnings by occupation and sex. 
 
 X. Number and per cent, of employees classified according to actual 
 weekly earnings, by conjugal condition and sex. 
 
 XI. Number and per cent, of employees classified according to actual 
 weekly earnings, by nativity and sex. 
 
 XII. Number of employees, for each sex, classified according to actual 
 weekly earnings, by the number of years in the trade. 
 
 XIII. Number of employees, for each sex, classified according to actual 
 
 weekly earnings, by the number of years with the firm. 
 
 XIV. Number of employees, for each sex, in the main occupations of 
 
 specified departments in department stores, earning specified 
 weekly rates. 
 
 [643] 
 
644 
 
 Appendix V — Statistical Tables 
 
 XV. 
 
 XVI. 
 
 Number of employees earning specified weekly rates, by department 
 and sex, in neighborhood and five and ten cent stores. 
 
 Number of employees classified according to actual weekly earnings, 
 by department and sex, in neighborhood and five and ten cent 
 stores. 
 
 XVII. Number of employees classified by age groups, by department and 
 Bex. 
 
 XVIII. Number and per cent, of all employees in each department according 
 to actual weekly earnings — shirts, confectionery and paper box 
 industries. 
 
 XIX. Number and per cent, of employees according to average actual 
 weekly earnings, by occupation and sex. 
 
 XX. Number and per cent, of all employees working 43 weeks or more, 
 according to actual annual earnings, by occupation and sex. 
 
 
 KEY TO CODE NUMBERS USED IN THE INDEX OF 
 
 STATISTICAL TABLES 
 
 For convenience in reference all tables in this section are num- 
 bered consecutively from 1 to 365 in arable numerals. 
 
 Roman numerals are used to show the various table forms. 
 Correlations of the same items have in every case the same Roman 
 numerals. Thus, Table V is, for all industries and all localities, 
 a table showing the distribution according to weekly rates by age 
 groups. 
 
 The other symbols used are given in the following classification: 
 
 A. Mercantile establishments. 
 
 1. Department stores. 
 
 a. Stock and sales. 
 
 b. Office. 
 
 c. Shipping and delivery. 
 
 d. Manufacturing. 
 
 e. Plant. 
 
 2. Neighborhood stores. 
 
 a, b, c, d, and e the same as above. 
 
 3. Five and ten-cent stores. 
 
 a, b, c, d, and e the same as above. 
 
 B. Men's shirt industry. 
 
 a. Factory workers. 
 
 b. Office force. 
 
 c. Shipping and deUvery. 
 e. Plant. 
 
 (For New York City only 
 
 1. Negligee shirts. 
 
 2. Working shirts). 
 
 C. Paper box industry. 
 
 a, b, c, and e as above. 
 
 D. Confectionery industry. 
 
 a, b, c, and e as above. 
 (For New York City only 
 
 1. Wholesale factories. 
 
 2. Wholesale factories having a retail outlet). 
 
 [645] 
 

 
 Appendix V — Statistical Tables 
 LIST OF TABLES 
 
 NEW TOHK STATE 
 
 MERCANTILE ESTABLISHMENTS 
 
 647 
 
 PAGE 
 
 1. Table I, A Number of employees according to age groups, by 
 
 locality and sex 665 
 
 2. Table II, A Number and per cent, of all employees according to 
 
 nativity, by locality 666 
 
 3. Table III, A Number of employees earning specified weekly rates, by 
 
 locality and sex 667 
 
 4. Table IV, A Number of emplojrees classified according to actual 
 
 weekly earnings, by locality and sex 669 
 
 6. Table V, A, 1 Department stores: Number of employees earning 
 
 specified weekly rates, by age groups and sex 671 
 
 6. Table VI, A, ^ Department stores: Number of employees classified 
 
 according to actual weekly earnings, by age groups 
 and sex 673 
 
 7. Table V, A, 2 Neighborhood stores: Number of employees earning 
 
 specified weekly rates, by age groups and sex 675 
 
 8. Table VI, A, 2 Neighborhood stores: Number of employees classified 
 
 according to actual weekly earnings, by age groups 
 
 and sex 677 
 
 ^' Table V, A, 3 , . . Five- and ten-cent stores: Number of employees earning 
 
 specified weekly rates, by age groups and sex 679 
 
 10. Table VI, A, 3 Five- and ten-oent stores: Number of employees classi- 
 fied according to actual weekly earnings, by age 
 groups and sex 681 
 
 11. Table 
 
 12. Table 
 
 13. Table 
 
 14. Table 
 
 15. Table 
 
 16. Table 
 
 17. Table 
 
 18. Table 
 
 19. Table 
 
 686 
 
 687 
 
 DEPARTMENT STORES — STOCK AND SALES 
 New York State 
 
 VII, A, 1, a Number and per cent, of employees, by sex, according 
 
 to occupation and nativity 683 
 
 V, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 684 
 
 VIII, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates according to occupation and sex 
 
 VI, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex . , 
 
 IX, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 689 
 
 X, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 Bex 690 
 
 XI, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by nativity and sex 091 
 
 XII, A, 1, a Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years in 
 the trade 592 
 
 XIII, A, 1, a Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years 
 with the firm 695 
 
 DEPARTMENT STORES — OFFICE 
 New York State 
 
 20. Table VII, A, 1, b Number and per cent, of employees, by sex, according 
 
 to occupation and nativity 698 
 
 21. Table V, A, 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 699 
 
 22. Table VIII, A, 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 701 
 
 23. Table VI, A, 1, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. . , . 703 
 
648 
 
 Appendix V — STAxrariCAL Tables 
 
 Appendix V — Statistical Tables 
 
 649 
 
 m 
 
 DEPARTMENT STOaSa — OFFICE icontinutJi 
 
 New York SUte rAoa 
 
 24. Table IX, A, 1, b Number aad per oeat. of employees cUssieed aceordiag 
 
 to actual weekly earnings, by occupation and sex. . . . 705 
 
 25. Table X, A, 1, b Number and per cent, of emplosrees olaasified according 
 
 to actual weekly earnings, by conjugal condition and 
 aex 707 
 
 26. Table XI, A, 1, b Number and per cent, of employees classified according 
 
 to actual weekly earaings, by nativity and sex 70i 
 
 27. Table XII, A, 1, b Number of employees, for each sex, classified according to 
 
 actual weekly earnings, by the number of years in 
 the trade 709 
 
 28. Table XIII, A. 1, b Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years 
 with the firm 712 
 
 DEPARTMENT STORES — SHIPPING AND DELIVERY 
 
 Nkw Yokx Statk 
 
 29. Table VII, A, 1, c Number and per cent, of employees, by sex, according 
 
 to occupation and nativity ~ 715 
 
 30. Table V, A, 1, c Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 716 
 
 31. Table VTII, A, 1, o Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 718 
 
 32. Table VI, A, 1, c Numbed and per cent, of employees classified accord- 
 
 to actual weekly earnings, by age groups and sex 719 
 
 33. Table IX, A, 1, c Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 721 
 
 34. Table X, A, 1, c Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 
 ■ex. 
 
 722 
 
 35. Table XI, A, 1, o Number and per cent, of employees classified according 
 
 to actual weekly earnings, by nativity and sex 723 
 
 36. Table XII, A, 1, c Nunrfjer of employees for each sex, classified according 
 
 to actual weekly earaings, by the number of years ia 
 the trade 724 
 
 37. Table XIII, A, 1, c Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years 
 with the firm 727 
 
 DEPARTMENT STORES — MANUFACTURING 
 Nbw Yokk Stat» 
 V, A, 1, d Number and per cent, of employees earning specified 
 
 38. Table 
 
 39. Table 
 4a Table 
 
 41. Table 
 
 42. Table 
 
 43. Table 
 
 44. Table 
 
 weekly rates, by age groups and sex 729 
 
 VI, A, 1, d Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. . . . 731 
 
 X, A, 1, d Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 sex 733 
 
 XI, A, 1, d Number and per cent, of employees classified according 
 
 to actual weekly earnings, by nativity and sex 734 
 
 XII, A, 1, d NumbCT of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years in 
 the trade 735 
 
 XIII, A, 1, d Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years 
 with the firm 738 
 
 XIV, A, 1, d Number of employees, for each sex, in the main occupa- 
 
 tions in the mamifacturing department, earning speci- 
 fied weekly rates 741 
 
 48. Table XI, A, l,e. 
 
 49. Table 
 
 DEPARTMENT STORES — PLANT 
 
 Nkw Yokk Stats paos 
 
 45. TaUe V, A, 1, • Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 742 
 
 46. Table VI, A, 1, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age (croups and sex 744 
 
 47. Table X, A, 1, • Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 
 sex 746 
 
 Number and per cent, of emplojrees classified according 
 
 to actual weekly earnings, by nativity and sex 747 
 
 XII, A, 1, e Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years ia 
 the trade 748 
 
 50. TaUe XIII, A, I, c Number of employees, for each sex, classified aecordiag 
 
 to actual weekly earnings, by the number of years 
 with tbe firm. 751 
 
 61. Table XIV, A, 1, e Number of emi^oyees, for each sex, in the main occupa- 
 tions in the plant earning specified weekly rates 754 
 
 NEIGHBORHOOD STORES — STOCK AND SALES 
 New York State 
 
 52. Table VII, A, 2, a. Number and per cent, of employees, by aex, according 
 
 to occupation and nativity 756 
 
 53. Table V, A, 2, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 757 
 
 54. Table VIII, A, 2, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 759 
 
 55. Table VI, A, 2, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex .... 760 
 
 56. Table IX, A, 2. a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex .... 762 
 
 57. Table X, A, 2, a Number and per cent, of employees classified according; 
 
 to actual weekly earnings, by conjugal condition and 
 sex 763 
 
 58. Table XI, A, 2, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by nativity and sex 764 
 
 50 Table XII, A, 2, a Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years in 
 
 the trade 765 
 
 60. Table XIII, A, 2, a Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years 
 with the firm 768 
 
 NEIGHBORHOOD STORES — OFFICE 
 
 New Yokk State 
 
 YII, A, 2, b Number and per cent, of employees, by sex, aooordiag 
 
 to occupation and nativity 771 
 
 V, A, 2, b Number and per cent, of employees earning q>eeified 
 
 weekly rates, by age groups and sex 772 
 
 VIII, A, 2, b Number and per oent. of employees earning specified 
 
 weekly rates, by occupation and sex 774 
 
 VI, A, 2, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 775 
 
 IX, A, 2, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 777 
 
 X, A, 2, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 
 61. Table 
 
 62. Table 
 
 63. Table 
 
 64. Table 
 
 65. Table 
 
 66. Table 
 
 67. Table 
 
 778 
 
 XI , A, 2, b Number and per cent, of emidoyees classified according 
 
 to actual earnings, by nativity and sex 779 
 
650 
 
 Appendix V — Statistical Tables 
 
 NEIGHBORHOOD STORES — OFFICE ieonHnu0d) 
 
 New York Sute rAOi 
 
 08. Table XII, A, 2, b Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years in 
 the trade 780 
 
 09. Table XIII, A, 2, b Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years 
 with the firm 783 
 
 NEIGHBORHOOD STORES — SHIPPING AND DELIVERY. MANUFACTURING, 
 
 PLANT 
 
 Nbw Yokk Statv 
 
 70. Table XV, A, 2, e, d, e Number of employees earning specified weekly rates, 
 
 by department and sex 785 
 
 71. Table XVI, A, 2, e, d, e Number of employees classified according to actual 
 
 weekly earnings, by department and sex 7S6 
 
 72. Table XVII, A, 2, c, d, e Number of employees classified, by age groups by de- 
 
 partment and sex 787 
 
 FIVE-AND TEN-CENT STORES — STOCK AND SALES 
 
 Nbw Yobk Stats 
 
 73. Table VII, A, 3, a Number and per cent, of employees, by sex, aooording 
 
 to occupation and nativity 788 
 
 74. Table V, A, 3, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 789 
 
 75. Table VIII, A, 3, a Number and per cent, of employees earning speoifiad 
 
 weekly rates, by occupation and sex 791 
 
 76. Table VI, A, 3, a Number and per cent, of employees classified aooording 
 
 to actual weekly earnings, by age groups and sex. . . . 792 
 
 77. Table IX, A, 3, a Number and per cent, of employees c l ass ifi ed aooording 
 
 to actual weekly earnings, by occupation and sex .... 794 
 
 78. Table X, A, 3, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 sex 795 
 
 79. Table XI. A, 3, a Number and per cent, of employees classified aooording 
 
 to actual weekly earnings, by nativity and sex 790 
 
 80. Table XII, A, 3, a Number of employees, fw each sex, classified aooording 
 
 to actual weekly earnings, by the number of years in 
 the trade 797 
 
 81 . Table XIII, A. 3. a Number of employees, for each sex. classified aooording 
 
 to actual weekly earnings, by the number of yean 
 with the firm TW 
 
 PIVE-AND TEN-CENT STORES — OFFICE. SHIPPING AND DELIVERY. PLANT 
 
 New Yokk State 
 
 82. Table XV, A, 3, b, o, e Number of employees earning specified weekly rates, 
 
 by department and sex 801 
 
 83. Table XVI, A, 3, b, c, e Number of employees classified according to actual 
 
 weekly earnings, by department and sex 802 
 
 84. Table XVII, A, 3, b, 0, e Number of employees classified by age groups, by 
 
 department and sex 803 
 
 THE MEN'S SHIRT INDUSTRY — ALL EMPLOYEES 
 
 New Yonx State 
 
 85. Table XVIII, B Number and per cent, of all employees in each depart- 
 
 ment according to actual weekly earnings and sex. . . 804 
 
 80. Table I, B Number of employees according to age groups, by locality 
 
 and sex 805 
 
 87. Table II, B Number and per cent, of all employees according to 
 
 nativity, by locality 836 
 
 88. Table III, B Number of employees earning specified weekly rates, 
 
 by locality and sex 808 
 
 89. Table IV, B Number of employees classified according to aotoal 
 
 weekly earnings, by locality and sex 809 
 
 Appendix V — Statistical Tables 
 
 651 
 
 THE MEN'S SHIRT INDUSTRY — FACTORY WORKERS 
 
 New Yosk State paqb 
 
 90. Table VII, B, a Number and per cent, of all employees, by sex, accord- 
 
 ing to occupation and nativity 810 
 
 91. Table V, B. a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 812 
 
 92. Table VIII, B, a Number and per cent, of employees earning specified 
 
 weekly rates according to occupation and sex 814 
 
 93. Table VI, B, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 816 
 
 94. Table IX, B, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 818 
 
 95. Table X, B, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 
 MX. 
 
 820 
 
 90. Table XI, B, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by nativity and sex 821 
 
 97. Table XII. B, a Number of employees, for each sex, classified according 
 
 to actual weekly eanungs, by the number of years in 
 
 the trade 822 
 
 96. Table XIII, B, a Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years in 
 the firm 825 
 
 THE PAPER BOX INDUSTRY — ALL EMPLOYEES 
 New York State 
 
 99. Table XVIII, C Number and per cent, of all employees in each depart- 
 
 ment according to actual weekly earnings and sex 828 
 
 100. Table I, C Number of employees according to age groups, by 
 
 locality and sex 829 
 
 101. Table II, C Number and per cent, of all employees according to 
 
 nativity, by locality 830 
 
 102. Table III, C Number of employees earning specified weekly rates, by 
 
 locality and sex 832 
 
 103. Table IV, C Number of employees classified according to actual 
 
 weekly earnings, by locality and sex 833 
 
 THE PAPER BOX INDUSTRY — FACTORY WORKERS 
 New York State 
 
 104. Table VII, C, a Number and per cent, of employees, by sex, according 
 
 to occupation and nativity 834 
 
 105. Table V, C, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 835 
 
 100. Table VIII, C, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 837 
 
 107. Table VI, C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. . . . 839 
 
 108. Table IX, C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 841 
 
 109. Table X, C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 sex 843 
 
 110. Table XI, C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by nativity and sex 844 
 
 111. Table XII, C, a Number of employees, for each sex. classified according 
 
 to actual weekly earnings by the number of years in 
 the trade * 845 
 
 112. Table XIII. C. a Number of employees, for each sex, classified according 
 
 to actual weekly earnings, by the number of years with 
 the firm 846 
 
652 
 
 Appendix V — Statistical Tables 
 
 THE PAPER BOX INDUSTRY — PACTORY WORKERS (mntmrnd) 
 
 a&w Yoffk 8tet« PAQM 
 
 113. Table XIX, C. » Number Mid per oeat. of employees atcoordins to average 
 
 actual weekly earnings, by occupation and sex 851 
 
 114. Table XX. C a Number and per oent. of all employees woricing 43 
 
 wehi Qt movut aooording to actual annual earnings, 
 
 by oeoupatioa and sex 853 
 
 THE CONFECTIONERY INDUSTRY — ALL EMPLOYEES 
 
 Naw YOBK Statb 
 
 115. Table XVIII, D Number and per cent, of all employees in each depart- 
 
 ment according to actual weekly earnings and sex. . . 855 
 
 116. Table I, D Number of employees according to age groups, by 
 
 locality and sex 856 
 
 117. Table II, D Number and per cent, of all employees aooording to 
 
 nativity, by locality 857 
 
 118. Table III, D Number of employees earning specified weekly rates, by 
 
 locality and sex 859 
 
 119. Table IV, D Number of employees classified according to actual 
 
 weekly earnings, by locality and sex 860 
 
 THE CONFECTIONERY INDUSTRY — FACTORY WORKERS 
 
 Nrw YoKK Statb 
 VII, D, a Number and per cent, of employeoi, by sex, according 
 
 120. Table 
 
 121. Table 
 
 122. Table 
 
 123. Table 
 
 124. Table 
 
 125. Table 
 
 to occupation and nativity 861 
 
 V, D, a Number and per oent. of employees earning specified 
 
 we^ly ratee, by age groupe and sex 862 
 
 Yin, D, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 864 
 
 VI, D, a Number and per cent, of employees classified according 
 
 to actual weekly earmngs, by age groupe and sex . 
 
 IX, D, • Number and per cent, of employees daHified aooording 
 
 to actual weekly earnings, by occupation aad wx . 
 
 X, D. a Number and per oent. of employees classified according 
 
 to actual weekly eamioga. by conjugal condition and 
 
 865 
 
 867 
 
 86g 
 
 126. Table XI, D, a Number and per cent, of employees classified according 
 
 to actual weekfy eamincs, by nativity and sex 839 
 
 127. Table XII, D, a Number of employees, of each sex, classified according 
 
 to actual weekly earnings, by the number of years in 
 the trade 870 
 
 128. Table XIII, D, a Number of employeea, for each sex, classified accord- 
 
 ing to actual weekly earnings, by the number of years 
 
 in the firm 873 
 
 OFFICE FORCE 
 
 MEN'S SHIRT. CONFECTIONERY, AND PAPER BOX 
 INDUSTRIES 
 
 Nxw YoKK Stats 
 
 129. Table VII, B, C. D, b Number and per cent, of employees, by sex, according 
 
 to occupation and nativity 876 
 
 130. TaUe V, B, C, D, b Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 877 
 
 131. Table VIII, B. C, D, b Number and per ewt. of employees earning specified 
 
 weekly rates according to occupation and sex 879 
 
 132. Table VI, B, C, D. b Number and per eent. of employeea elasaSed aooording 
 
 to actual weddy earnings, by age groups and sex 880 
 
 133. Table IX, B, C, D, b. . . .' Niimber and per cent, of employees classified according 
 
 to actual wedcly earnings, by occupation and aex 882 
 
 134. TaUa X, B, C. D, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 
 883 
 
 Appendix V — Statistical Tables 
 
 C53 
 
 OFFICE FORCE — MEN'S SHIRT, CONFECTIONERY, AND PAPER BOX INDUS- 
 TRIES (continued) 
 
 New York State paob 
 
 135. TaUa XL B, C. D, b Number and per eent. of employees classified according 
 
 to actual weekly earnings, by nativity and sex 8S4 
 
 136. Table XII, B, C, D, b Number of employees, for each sex. classified according 
 
 to actual weekly earnings by the number of years in 
 the trade 886 
 
 137. Table XIII, B, C, D, b Number of employees, for each sex. classified according 
 
 to actual weekly earnings by the number of years 
 with the firm 8S8 
 
 SHIPPING AND DELIVERY — MEN'S SHIRTS, CONFECTIONERY AND PAPER 
 
 BOX INDUSTRIES 
 
 New YcMiK Statb 
 
 188. Table VII, B, C, D, o Number and per cent, of employees, by sex, aooording 
 
 to occupation and nativity 89 1 
 
 139. Table V, B, C, D, c Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 892 
 
 140. Table VIII, B, C, D, c Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 894 
 
 141. Table VI, B, C, D, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex .... 895 
 
 142. Table IX, B, C, D, e Number and per cent, of employees clarified aooording 
 
 to actual weekly earnings, by occupation and sex .... 897 
 
 143. Table X, B, C, D, o Number and per cent, of employeea classified according 
 
 to actual weekly earnings, by conjugal condition and 
 sex 898 
 
 144. Table XI, B, C, D, c Number and per eent. of employees classified according 
 
 to actual weekly earnings by nativity and sex 899 
 
 145. Table XII, B, C, D, o Number of employees, for each sex. classified according 
 
 to actual weekly earnings, by the number of years in 
 the trade 900 
 
 146. Table XIII, B, C, D, c Number of employees, for each sex. classified according 
 
 to actual weekly earnings, by the number of years 
 with the firm 902 
 
 PLANT — MEN'S SHIRT. CONFECTIONERY. AND PAPER BOX INDUSTRIES 
 
 New York State 
 
 147. Table VII, B, C, D, e Number and per cent, of employees, by sex, according 
 
 to occl^>atioa and nativity 904 
 
 148. Table V, B, C, D, e Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 905 
 
 149. Table VIII, B, C, D. e Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 907 
 
 150. Table VI. B, C, D, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex .... 90S 
 
 151. Table IX, B, C, D, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. ... 910 
 
 152. Table X, B, C, D, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by conjugal condition and 
 sex 911 
 
 153. Table XI. B, C, D, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by nativity and sex 912 
 
 154. Table XII, B, C, D, e Number of employees for each sex classified according 
 
 to actual weekly earnings, by the number of years in 
 
 the trade 913 
 
 166. Table XIII, B, C, D, e Number of employees for each sex classified according 
 
 to actual weekly earnings, by the number of years 
 with the firm 916 
 
654 
 
 Appendix V — Statistical Tables 
 
 NEW YORK STATE. EXCLUSIVE OF NEW TOBK CITT 
 
 DEPARTMENT STORES — STOCK AND SALES 
 
 156. Table V, A, 1, a Number and per cent, of employees earning apeeified 
 
 weekly rates, by age groups and sex 919 
 
 157. Table VIII. A, 1, a Number and per cmt. of^ employees earning specified 
 
 weekly rates, by occupation and sex 921 
 
 158. Table VI, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age ({roups and sex .... 922 
 
 159. Table IX, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 924 
 
 160. Table XIX. A, 1. a For first and second-class cities only: Number and per 
 
 cent, of employees classified according to average 
 actual weekly earnings, by occupation and sex 925 
 
 161. Table XX, A, 1, a For first and second-class cities only: Niunber and per 
 
 cent, of employees working 43 wedca or more classified 
 according to actual annual earniaii. by occupation 
 and sex 926 
 
 DEPARTMENT STORES — OFFICE 
 New York Statb ExcLtrsrvB or New York Crrr 
 
 162. Table V, A, 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 927 
 
 163. Table VIII, A. 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 929 
 
 164. Table VI, A, 1, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex .... 931 
 
 165. Table IX, A, 1, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 933 
 
 166. Table XIX. A, 1, b For first and second-class cities only: Number and per 
 
 cent, of employees classified according to average 
 actual weekly earnings, by occupation and sex 935 
 
 167. Table XX, A, 1, b For first and second-class cities only: Number and per 
 
 cent, of employees working 43 weeks or more, classi- 
 fied according to actual annual earnings, by occupa- 
 tion and sex 936 
 
 DEPARTMENT STORES — SHIPPING AND DELIVERY 
 New Yoek State Excxusiye or New Yobk Crrr 
 
 168. Table V, A, 1, c Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 937 
 
 169. Table VIII. A, 1, c Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 938 
 
 170. Table VI, A, 1, c Number and per cent, of employees classified according 
 
 to actiial weekly earnings, by age groups and sex 939 
 
 171. Table IX, A, 1, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 940 
 
 DEPARTMENT STORES — MANUFACTURING 
 New Yoek State Exclusive or New Yobk Crrr 
 
 172. Table V, A, 1, d Number and per cent, of emi^oyees earning specified 
 
 weekly rates, by age groups and sex 941 
 
 173. Table VIII, A, 1, d Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 943 
 
 174. Table VI, A, 1, d Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 944 
 
 175. Table IX, A, 1, d Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 946 
 
 Appendix V — Statistical Tables 
 
 655 
 
 DEPARTMENT STORES — PLANT 
 New York State Exclusive or New York Crrr paoe 
 
 176. Table V, A. 1, e Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 947 
 
 177. Table VIII, A, 1, e Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 949 
 
 178. Table VI, A, 1, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 950 
 
 179. Table IX, A, 1, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by ooci^Mtion and sex. ... 952 
 
 FIVE- AND TEN-CENT STORES — STOCK AND SALES 
 New York State Exclusive or New York Crrr 
 
 180. Table V. A, 3, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 953 
 
 181. Table VIII, A, 3, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 955 
 
 182. Table VI, A, 3, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 956 
 
 183. Table IX, A, 3, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 953 
 
 FIVE- AND TEN-CENT STORES — OFFICE, SHIPPING AND DELIVERY, PLANT 
 
 New York State Exclusive or New York Crrr 
 
 184. Table XV, A, 3, b, c, e Number of employees earning specified weekly rates, 
 
 according to department and sex 959 
 
 185. Table XVI, A, 3, b, c, e Number of employees classified according to actual 
 
 weekly earnings, by department and sex 960 
 
 186. Table XVII, A, 3, b, c, e Number of employees classified by age groups, aco<Mdiiig 
 
 to department and sex 961 
 
 THE MEN'S SHIRT INDUSTRY — FACTORY WORKERS 
 New York State Exclusive or New York Crrr 
 
 187. Table V, B, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 962 
 
 188. Table VIII, B, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 961 
 
 189. Table VI, B, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. , . . 968 
 
 190. Table IX, B, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 963 
 
 191. Table XIX, B, a For the Eastern division only: Number and per cent. 
 
 of employees classified according to average actual 
 weekly earnings, by occupation and sex 970 
 
 192. Table XX, B, a For the Eastern division only: Number and per cent. 
 
 of all employees, working 43 weeks or more, classified 
 according to actual annual earnings, by occupation 
 and sex 972 
 
 THE PAPER BOX INDUSTRY — FACTORY WORKERS 
 New York State Exclusive or New York Citt 
 
 193. Table V, C, a Number and per cent, of employees earning specified 
 
 weekly rates, |t>y age groups and sex 974 
 
 194. Table VIII, C, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex . . . .' 973 
 
 195. Table VI, C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 973 
 
 196. Table IX. C, a Number and per cent, of employees classified according 
 
 to actxial weekly earnings, by occupation and sex. . . . 93'J 
 
656 
 
 Appendix V — Statistical Tables 
 
 THE CONFECTIONERY INDUSTRY — FACTORY WORKERS 
 
 Naw Yoax Ssatb Exoumivb ew Nbw Yowk Crrr faob 
 
 197. Table V, D, a Number and per cent, of employees earning specified 
 
 weekly rates, by ace groups and sex 082 
 
 198. Table VIII, D, a Number and per cent, of employees earaing speoified 
 
 weekly sates, by oeoupation and sex 984 
 
 199. Table VI, D. a Number aad per cent, of employees classified aoeordisg 
 
 to aetiial weekly earnings, by age groups and sex 085 
 
 300. Table IX, D, a Number and per eeni. of employees classified aeeordiag 
 
 to actual weekly earnings, by occupation and sex. . . . 987 
 
 NBW YORK crnr 
 
 DEPARTMENT STORES — STOCK AND SALES 
 
 201. Tablt V, A, 1, a Number and per cent, of employees earning q>ecified 
 
 weekly rates, by age groups and sex 98S 
 
 302. Table VIII, A, 1, a Number and per cent, of employees earning q;>ecified 
 
 weekly rates, by occupation and sex 090 
 
 203. Table VI, A, 1, a , Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. . . . 991 
 
 204. Table IX, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 993 
 
 DEPARTMENT STORES — OFFICE 
 Nbw Yobk Crt 
 
 205. Table Y, A, 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 994 
 
 200. Tl^le VIII, A, 1, b Nasiiber and per eent. of employees earning specified 
 
 weekly ratea, by occupation and sex 996 
 
 207. Table VI, A, 1, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 008 
 
 208. Table IX, A, 1, b Nximber and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 1000 
 
 DEPARTMENT STORES — SHIPPING AND DEUVERY 
 
 Nbw Yobk Cmr 
 
 300. Table V, A, 1. c Number and per cent, of employees earning q>eeified 
 
 weekly rates, by age groups and sex 1002 
 
 210. Table VIIL A, 1, c Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1004 
 
 211. Table VL A, 1, e Number and per eent. of employees classified aooording 
 
 to actual weekly earnings, by age groups and sex. . . . lOOS- 
 
 212. Table IX, A, 1, o Number and per cent, of employees classified aocording 
 
 to actual weekly earnings, by occupation and sex. . . . 1007 
 
 DEPARTMENT STORES — MANUFACTURING 
 Nbw Y(mK Cttt 
 
 213. Table V, A, 1, d Number and per cmt. of employees earning qpecified 
 
 weekly rates, by age groups and sex 1008^ 
 
 214. Table VIII, A, 1. d Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1010> 
 
 210. Table VI, A, 1, d Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. . . . 1011 
 216. Table IX, A, 1, d Number and per cent, of employees classified according 
 
 to actual weddy earnings, by occupation and sex. . . . 101& 
 
 Appendix V — Statistical Tables 
 
 657 
 
 department STORES — PLANT 
 
 Nbw Yobb Cmr »*«■ 
 
 ^17. Table V, A, 1, e NunJber and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1014 
 
 18. Table VIII, A, 1, e Number and per eent. of employees earning specified 
 
 weekly rates, by occupation and sex 1016 
 
 219. Table VI, A, 1, e Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. . . . 1017 
 
 220. Table IX, A, 1, e Number and per cent, of employees classified aocording 
 
 to actual weekly earnings, by occupation and sex 1019 
 
 NEIGHBORHOOD STORES — STOCK AND SALES 
 New Yobk Crrr 
 
 221. Table V, A, 2, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1020 
 
 222. Table VIIL A, 2, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1022 
 
 223. Table VI. A« 2, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1023 
 
 234. Table IX, A, 2, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex, . . . 1025 
 
 NEIGHBORHOOD STORES — OFFICE 
 
 Nbw Yobk Citt 
 
 226. Table V, A, 2, b Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1026 
 
 226. Table VIII, A, 2, b Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1028 
 
 227. Table VI, A, 2, b Number and per cent, of employees classified according 
 
 to actusl weekly earnings, by age groups and sex .... 1029 
 
 228. Table IX, A, 2, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1031 
 
 NEIGHBORHOOD STORES — SHIPPING AND DELIVERY, MANUFACTURING, 
 
 PLANT 
 
 Nbw Yobk Crrr 
 
 229. T^>le XV, A, 2, c, d, e Number of employees earning q>ecified weekly rates 
 
 according to department and sex 1032 
 
 230. Table XVI, A, 2, c, d, e Number of employees classified according to aetaal 
 
 weekly earnings, by department and sex 1033 
 
 231. Table XVIL A, 2, c, d, e Number of employees classified by age groups, aocording 
 
 to department and sex 1034 
 
 FIVE- AND TEN-CENT STORES — STOCK AND SALES 
 
 New York Crrr 
 
 232. Table V, A, 3, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1035 
 
 233. Table VIII, A, 3, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1037 
 
 234. TaUe VI, A, 3, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1038 
 
 235. Table IX, A, 8, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 1040 
 
 FIVE- AND TEN-CENT STORES — OFFICE. SHIPPING AND DELIVERY, PLANT 
 
 Nbw Yobk Crrr 
 
 230. TaU« XV, A, 3. b, e, e Number of employees earning specified weekly rates, 
 
 according to department and sex 1041 
 
 237. Table XVI, A, 3, b, e, e Numbei of employees classified according to actual 
 
 weekly earnings, by department and sex 1042 
 
 238. Table XVII, A, 3, b, c, e .... Number of employees classified by age groups, according 
 
 to department and sex 1043 
 
658 
 
 Appendix V — Statistical Tables 
 
 THE MEN'S SHIRT INDUSTRY — FACTORY WORKERS 
 
 NbW YomK ClTT FAOB 
 
 239. Table V, B, a Number and per cent, of employees eamins epeeified 
 
 weekly rates, by age groups and sex 1044 
 
 240. Table VIII, B. a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1046 
 
 241. Table VI, B, a Number and per cent, of employees claasiSed according 
 
 to actual weekly earnings, by age groups and sex 1048 
 
 242. Table IX, B, a Number and per cent, of employees olaanfied according 
 
 to actual weekly earnings, by occupation and sex 1050 
 
 THE MEN'S SHIRT INDUSTRY — FACTORY WORKERS, NEGLIGEE SHIRTS 
 
 Nxw York Citt 
 
 243. Table V, B, 1. a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1052 
 
 244. Table VIII, B, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1054 
 
 246. Table VI, B, 1, a Number and per cent, of employeea riawHItid aeoording 
 
 to actual weekly earnings, by age group* and sex ... . 1056 
 
 246. Table IX, B, 1. a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 105S 
 
 THE MEN'S SHIRT INDUSTRY — FACTORY WORKERS, WORKING SHIRTS 
 
 Nxw YoKK Citt 
 
 247. Table V, B, 2, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1060 
 
 248. Table VIII, B, 2, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1062 
 
 249. Table VI, B, 2, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1064 
 
 250. Table IX, B. 2, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 1066 
 
 THE PAPER BOX INDUSTRY — FACTORY WORKERS 
 
 N«w York Cttt 
 
 261. Table V, C, a Number and per cent, of employees eamiag q>eeifi«d 
 
 weekly rates, by age groups and sex 1068 
 
 262. Table VIII, C. a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1070 
 
 253. Table VI, C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1072 
 
 254. Table IX, C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1074 
 
 THE CONFECTIONERY INDUSTRY — FACTORY WORKERS 
 
 Nkw York Citt 
 
 255. Table V, D. a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1076 
 
 256. Table VIII, D, a Number and per ceat. of employees earning specified 
 
 weekly rates, by occupation and sex 1078 
 
 257. Table VI, D, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex .... 1079 
 
 258. Table IX, D, a Number and per cent, of employees dasrified according 
 
 to actual weekly earnicgs. by occupation and sex. . . . 1081 
 
 259. Table XIX, D, a Number and per cent, of employees classified according 
 
 to average weekly earnings, by occupation and sex . . . 1082 
 
 260. Table XX, D, a Number and per cent, of employees working 43 weeks 
 
 or more classified according to actual a nn ual earn- 
 iitgs, by occupation and sex 1083 
 
 Appendix V — Statistical Tables 
 
 659 
 
 the confectionery industry — wholesale candy, factory workers 
 
 New York Citt paor 
 
 261. Table VIII, D, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1084 
 
 262. Table IX, D, 1, a Number and per cent, of employees classified ao ording 
 
 to actual weekly earnings, by occupation and sex 1085 
 
 wholesale candy factories with retail outlet— factory workers 
 
 New York Citt 
 
 263. Table VIII, D, 2, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1086 
 
 264. Table IX, D, 2, s Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 1087 
 
 BUFFALO 
 
 DEPARTMENT STORES — STOCK AND SALES 
 
 266. Table V, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groui>8 and sex 1088 
 
 906. Table VIII, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1090 
 
 267. Table VI, A, 1, a Number and per cent, of employees classified according 
 
 to actiial weekly earnings, by age groups and sex 1091 
 
 268. Tfcble IX. A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 1093 
 
 DEPARTMENT STORES — OFFICE 
 
 BUITALO 
 
 260. Table V, A, 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1094 
 
 270. Table VIII, A, 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1096 
 
 271. Table VI, A, 1, b Number and per cent, of employees classified according 
 
 to actual weddy earnings, by age groups and sex 1097 
 
 272. Table IX, A, 1, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1099 
 
 DEPARTMENT STORES — SHIPPING AND DEUVERY 
 
 BUITALO 
 
 273. Table V, A, 1, c Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1100 
 
 274. Table VIII, A. 1, c Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1101 
 
 275. Table VI, A, 1, c Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1102 
 
 276. Table IX, A, 1, c Number and per cent, of employees classified according 
 
 to actual weekly ea-nings, by occupation and sex. . . . 11C3 
 
 DEPARTMENT STORES — MANUFACTURING 
 
 Buffalo 
 
 277. Table V, A, 1, d Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1 104 
 
 278. Table VIII, A, 1, d Number and per cent, of employees earning specified 
 
 weekly rates, by occup>ation and sex 1 106 
 
 279. Table VI, A, 1, d Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. . . . 1107 
 
 280. Table IX, A, 1, d Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 1109 
 
660 
 
 Appendix V — Statistical Tables 
 
 DEPARTMENT STORES — PLANT 
 
 Bttwalo p^qj 
 
 281. Tmble V, A« 1. e Number aod per c«nt. of employees ewniiic specifiwl 
 
 weekly ratea, by ace groups aod MS mo 
 
 282. Table VIII, A, 1. e Number and per oeat. of employees Mminc veoifiwi 
 
 TKi xt ^••Wy r»*«^ by occupation and sex ni2 
 
 283. Table VI. A, 1. e Number and per cent, of employees classified according 
 
 ofiA T Ki Tir A , ^r^ **'*'^ *'*^^ earnings, by age groups and sex. . . . 1113 
 
 Z9*. laoie lA. A, 1. e. Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1115 
 
 NEIGHBORHOOD STORES— STOCK AND SALES 
 
 Bttftaio 
 
 285. Table V, A, 2. a Number and per eent. of employeee earning specified 
 
 weekly rates, by age groups and sex ma 
 
 286. Table VIII. A, 2, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex mg 
 
 287. Table VI, A, 2. a Number and per cent, of employees classified acciiding 
 
 ««a T Ki TY A o ««»«t»»al*«kly earnings, by age groups and sex.... 111» 
 
 swt. laoie lA, A. 2, a Number and per eent. of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1121 
 
 NEIGHBORHOOD STORES - OFFICE. SHIPPING AND DELIVERY, MANU- 
 
 FACTURING, PLANT 
 
 BCVTALO 
 
 «». Table XV, A, 2, b. c, d, e. . . . Number of employees earning specified weekly rates 
 
 according to department and sex 1122 
 
 290. Table XVI. A. 2. b, c, d. e. . . Number of employees claaufied according to actual 
 
 weekly earnings, by department and sex 1123 
 
 291. Table XVII, A. 2, b. c. d. e. . Number of employees classified by age groups accord- 
 
 ing to department and sex 1124 
 
 THE PAPER BOX INDUSTRY — FACTORY WORKERS 
 
 Bttttalo 
 
 292. Table V, C, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1125 
 
 293. Table VIII. C, a Number and per cent, of employees eamiog specified 
 
 weekly rates, by occupation and sex 1127 
 
 2M. Table VI, C, a Number and per cent, of employees classified according 
 
 90i5 T Ki TY o ^ **^"** **^^ earnings, by age graups and sex. . . . 1128 
 
 ^3. lable lA. C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1130 
 
 THE CONFECTIONERY INDUSTRY — FACTORY WORKERS 
 
 BVTTAVO 
 
 296. Table V. D, a Number and per cent, of employees eamii« specified 
 
 weekly rates, by age groups and sex 1131 
 
 397. Table VIII, D, a Number and per cent, of employees earoiag specified 
 
 weekly rates, by occupation and sex 1133 
 
 298. Table VI, D. a Number and per cent, of employees classified according 
 
 9QO T Ki Tir r» to actual weekly earnings, by age groups and sex.... 1134 
 
 ^w. lable lA. D. a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1135 
 
 ROCHESTER 
 DEPARTMENT STORES — STOCK AND SALES 
 
 300. Table V. A. 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1136 
 
 301. Table VIH, A, 1, a Number and per cent, of employeee earning specified 
 
 weekly rates, by occupation and sex 1188 
 
 Appendix V — Statistical Tables 
 
 661 
 
 department stores — STOCK AND SALES (eontinued) 
 
 Rochester paoe 
 
 f02. Table VI, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1139 
 
 803. Table IX, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1141 
 
 DEPARTMENT STORES — OFFICE 
 
 RocHEsrrEB 
 
 304. Table V, A, 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1142 
 
 305. Table VIII, A, 1, b Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1144 
 
 306. Table VI, A, 1, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1145 
 
 307. Table IX, A, 1, b Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1147 
 
 DEPARTMENT STORES — SHIPPING AND DELIVERY, MANUFACTURING. PLANT 
 
 Rochester 
 
 308. Table XV, A, 1, c, d, e Number of employees earning specified weekly rates 
 
 according to department and sex 1148 
 
 309. Table XVI, A, 1, c, d, e Number of employees classified according to actual 
 
 weekly earnings, by department and sex 1149 
 
 310. Table XVII, A, 1, c, d, e Number of employees classified by age groups according 
 
 to department and sex 1150 
 
 THE PAPER BOX INDUSTRY — FACTORY WORKERS 
 
 R0CHK8TKS 
 
 811. Table V, C, » Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1151 
 
 812. Table VIII, C, s Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1153 
 
 313. Table VI, C, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1154 
 
 314. Table IX, C, a Number and per cent, of employees classified according 
 
 to actual wedcly earnings, by occupation and sex 1156 
 
 THE CONFECTIONERY INDUSTRY — FACTORY WORKERS 
 
 Rochester 
 
 315. Table V, D, a Number and per eent. of employees earning specified 
 
 weekly rates, by age groups and sex 1157 
 
 816. Table VIII, D, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1150 
 
 817. Table VI, D, a Number and per cent, of employees classified according 
 
 T KI TV T^ to actual weekly earnings, by age groups and sex 1160 
 
 818. Table IX, D, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1162 
 
 SYRACUSE 
 
 DEPARTMENT STORES — STOCK AND SALES 
 •19. Table V, A. 1. a Number and per cent, of employees earning specified 
 
 weeWy rates, by age groups and sex 1153 
 
 320. Table VIII, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1165 
 
 821. Table VI, A, 1, a Number and per cent, of employees classified according 
 
 -„„ T Ki TV A , to actual weekly earnings, by age groups and sex.... 1166 
 
 a^. laDie lA, A, 1, a Number and per cent, of employees classified according 
 
 to actual wee ly earnings, by occupation and sex 1168 
 
662 
 
 Appendix V — Statistical Tables 
 
 DEPARTMENT STORES — OFFICE. SHIPPING AND DELIVERY. MANUFACTUR- 
 ING, PLANT 
 
 STBACVSa PAOI 
 
 323. Table XV, A, 1, b, e, d, e. . . . Number of employees earaiag apemfiei weekly rate* 
 
 Acoording to department and sex \169 
 
 324. TaUe XVI, A, 1, b, e, d, e . . . Number of employees claeufied according to actual 
 
 weekly earnings, by department and sex 1170 
 
 325. Table XVII. A, 1. b. c, d, e. . Number of employees classified by age groups accord- 
 
 ing to department and sex 1171 
 
 ALBANY 
 
 DEPARTMENT STORES — STOCK AND SALES 
 
 ^26. Table V, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1172 
 
 327. Table VIII, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1174 
 
 328. Table VI, A,l,a Number and per eeat. of employees classified according 
 
 to actual weekly earnings, by age groups and sex. ... 1175 
 
 329. Table IX, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1177 
 
 DEPARTMENT STORES — OFFICE, SHIPPING AND DELIVERY, MANUFACTUR- 
 ING, PLANT 
 
 Albamt 
 
 330. Table XV, A, 1, b, c, d, e Number of employees earning specified we^y rate* 
 
 according to department and sex 1178 
 
 331. Table XVI, A, 1, b, c, d, e. . . Number of employees classified according to actual 
 
 weekly earnings, by department and sex 1 179 
 
 332. Table XVII, A, 1, b, c, d, e. . Numbo* of employees classified by age groups according 
 
 to department and sex 1180 
 
 THE MEN'S SHIRT INDUSTRY — FACTORY WORKERS 
 
 Albany 
 
 333. Table V, B, a Number and per cent, of employees earning specified 
 
 weekly rate-i, by age groups and sex 1181 
 
 334. Table VIII, B, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupatioa and sex 1183 
 
 335. Table VI, B, a Number and per cent, of employees classified according 
 
 to actual weekly earninga, by age groups and sex. ... 1184 
 
 336. Table IX, B, a Number and per cent, of employees classified according 
 
 to actual wedkly earnings, by occupation and sex. . . . 1186 
 
 SCHENECTADY 
 
 DEPARTMENT STORES — STOCK AND SALES 
 
 337. Table V, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1 188 
 
 338. Table VIII, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1190 
 
 339. Table VI, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex. ... 1191 
 
 340. Table IX, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex .... 1 193 
 
 Appendix V — Statistical Tables 
 
 663 
 
 DEPARTMENT STORES — OFFICE, SHIPPING AND DELIVERY, MANUFACTUR- 
 ING, plant 
 
 SCHEKECTADT TXQU 
 
 341. Table XV, A, 1, b, o, d, e. . . . Number of employeej earning specified weekly rates 
 
 according to department and sex 1 194 
 
 342. TaUe XVI, A, 1, b. e, d, e . . . Number of employees classified according to actual 
 
 weekly earnings, by department and sex 1195 
 
 343. TM» XVIL A, 1, b, 0, d, e . . Number of employees classified by age groups according 
 
 to department and sex 1196 
 
 UTICA 
 
 DEPARTMENT STORES — STOCK AND SALES 
 
 344. Table V, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1197 
 
 345. Table VIII. A. 1. a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1199 
 
 346. Table VI. A, l,a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1200 
 
 347. Table IX, A, 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex. . . . 1202 
 
 DEPARTMENT STORES — OFFICE, SHIPPING AND DELIVERY, MANUFACTUR- 
 ING, PLANT 
 
 Utica 
 
 348. Table XV, A, 1. b, c, d, e Number of employees earning specified weekly rates 
 
 according to department and sex 1203 
 
 349. Table XVI, A, 1, b, 0, d, e. . . Number of employees classified according to actual 
 
 weekly earnings, by department and sex 1204 
 
 350. Table XVII. A. 1, b, c. d. e. . Number of employees classified by age groups accord- 
 
 ing to department and sex 1205 
 
 TROY 
 
 DEPARTMENT STORES — STOCK AND SALES 
 
 351. Table V, A, 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by age groups and sex 1206 
 
 352. Table VIII. A. 1, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1208 
 
 353. Table VI, A, 1, a Number and percent, of employees classified according 
 
 to actual weekly earnings, by age groups and sex 1209 
 
 354. Table IX. A. 1, a Number and per cent, of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1211 
 
 DEPARTMENT STORES — OFFICE, SHIPPING AND DELIVERY, MANUFACTUR- 
 ING, PLANT 
 
 Trot 
 
 356. Table XV, A. 1. b, c. d, e Number of employees earning specified weekly rates 
 
 according to department and sex 1212 
 
 356. Table XVI. A. 1, b, c, d, e. . . Number of employees classified according to actual 
 
 weekly earnings, by department and sex 1213 
 
 357. Table XVII. A, 1. b, c, d, e. . Number of employees classified by age gr ups according 
 
 to department and sex 1214 
 
664 
 
 Appendix V — Statisticai. Tables 
 
 THE MEN'S SHIRT INDUSTRY — FACTORY WORKERS 
 
 Tbot paos 
 
 358. Table V, B, a Number and per cent, of employees earninc specified 
 
 weekly rates, by age groups and sex 1215 
 
 350. Table VIII, B, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1217 
 
 860. Table VI, B, a Number and per cent, of employees elasaified according 
 
 to actual weekly earnings, by age groups and sex. . . . 1219 
 
 361. Table IX, B, a Number and per cent, of employees daasified according 
 
 to actual weekly earnings, by occupation and sex 1221 
 
 THE PAPER BOX INDUSTRY — FACTORY WORKERS 
 
 Tboy 
 
 362. Table V, C, a Number and per cent, of employees earning q;>eoified 
 
 weekly rates, by age groups and mat 1223 
 
 363. Table VIII, C, a Number and per cent, of employees earning specified 
 
 weekly rates, by occupation and sex 1225 
 
 364. Table VI, C, a Number and per cent, of employees HaMifiod according 
 
 to actual weekly earnings, by age groupa and sex .... 1226 
 
 365. Table IX, C, a Number and per coit. of employees classified according 
 
 to actual weekly earnings, by occupation and sex 1228 
 
 Appendix V- — Statistical Tables 
 
 665 
 
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 Appendix V — Statistical Tables 
 
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 Appexdix V — Statistical Tables 
 
 669 
 
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 7 00- 7 49... 
 
 7 50- 7 99... 
 
 8 00- 8 99... 
 
 9 00- 9 99... 
 
 10 00-10 99... 
 
 11 00-11 99... 
 
 12 00-12 99... 
 
 13 00-13 99... 
 
 14 00-14 99... 
 
 15 00-15 99... 
 
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COLUMBIA UNIVERSITY LIBRARY 
 
 This book is due on the date indicated below, or at the 
 expiration of a definite period after the date of borrowing, 
 as provided by the rules of the Library or by special ar- ^ 
 rangement with the Librarian in charge. ^ 
 
 DATE BORROWED 
 
 DATE DUE 1 
 
 DATE BORROWED 
 
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