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U. S. DEPARTMENT OF LABOR
W. B. WILSON. Secretary

CHILDREN’S BUREAU
JULIA C. LATH RO P, Chief

ADMINISTRATION
OF THE

FIRST FEDERAL CHILD-LABOR LAW

LEGAL SERIES No. 6
INDUSTRIAL SERIES No. 6
Bureau Publication No. 78

WASHINGTON
GOVERNMENT PRINTING OFFICE
1921


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ICSfcC.
/ K l\

CONTENTS.
rage.

1 otter of transmittal.......................................................................................................................

7

Intiod notion.......................................................................................................................................

11

Part I. Administration of the U nited States child-labor act of September 1 ,1 9 1 6 . 13-86
Certificates of age...................................................................................................

15-52

Designation of States under section 5 of the act..............................................

16

Federal certificates........................................... ................... ....................................... 21-52
Rules and regulations............................................................................................ 21-25
Persons to whom certificates should be issued..............................

21

Age at w hich certificates should be is s u e d ....................................

22

Proof of age..............................................................................

22

Issuance of certificates.......................................................................................... 25-52
Num ber of children who applied for certificates and for whom
certificates were issued and refused................................................

27

E vidence of age on which certificates were issu ed .......................

29

Physician’s certificate of physical age................................................

31

Industry for which first certificated....................................................

38

Num ber of jobs the children h eld ........................................................

39

Proportion of boys and girls certificated............................................

41

School attendance and ability to read and write...........................

42

T h e certification of colored children...................................................

49

Industries for w hich first certificated...................................

50

Grade in school and ability to sign n a m e .............................

50

Inspections under the child-labor act of 1 9 1 6 ........................................................... 53-86
Relation betw een Federal and State inspectors.............................................

53

Inspection of mills, canneries, workshops, factories, and manufactur­
ing establishments............................................................................................. 55-81
A labam a...............................

56

Delaware.....................................................................................

60

Florida.......................................................................................................................

61

Georgia.............................................................................................. 1......................

62

Illinois..................................................

63

Indiana..............................................................
Iow a................................................................................................ ..........................

65
67

Mississippi................................................................................................................

68

N orth Carolina.........................................................- .......... . ..............................

70

Rhode Island.........................................................

72

South Carolina.....................................

75

Tennessee.................................................................................................................

76

Virginia................................

77

W est Virginia..........................................................................................................

78

Inspection of m ines........................................................................ . ..........................

82

Part I l i Inspections made from June 3, 1918, to April 25, 1919........................... 87-161
Section I . General in sp ection s....................................................................................... 89-132
Arkansas...........................................................

89

Florida.....................

91

K e n tu ck y.............................................................
Maryland...................................................................................................................

93
95

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CONTENTS.

Part I I . Inspections made from June 3, 1918, to A pril 25, 1919— Continued.
Section I. General inspections— Continued.

Page.

Massachusetts........................................................... .......................................■_______

105

New Y ork ....................................................................

109

North Carolina........................................................................................................

112

O h io.......................................... : ................................................ .......................................

118

Virginia......................................................................

129

Section I I . Special inspections of establishments engaged in war produc­
tion ...................

133-161

C o n n e c tic u t......................................................

142

New Hampshire..............................................................................................................
New Jersey..............................

150

Appendixes..........................................
Appendix I . T a b le s...............................

155

163-190
165-173

Table A . Num ber and per cent of children for whom Federal certifi­
cates of age were issued, September 1, 1917, to June 3, 1918, on the
basis of specified evidence of age, b y State of issuance and color of
ch ild .............................. ................... .......... . . . . . .......................................................
Table B

165

Num ber and per cent of children for whom Federal cer­

tificates of age were refused, September 1, 1917, to June 3, 1918, on
the basis of specified evidence of age, by State of issuance and color
of ch ild ..................................................................

166

Table C. Children for whom Federal certificates of age were issued,
September 1 ,1917, to June 3, 1918, classified by number of positions
held during specified period of tim e, and by sex and color...................

167

Table D . Children for whom Federal certificates of age were issued,
September 1, 1917, to June 3, 1918, holding positions in specified
number of industries, b y number of positions h eld ...................................

168

T able E . Children for whom Federal certificates of age were issued
September 1, 1917, to June 3, 1918, holding positions in specified
number of communities, by number of positions h e ld ..............................

168

T able F . Num ber and per cent distribution of children for whom
Federal certificates of age were issued, September 1, 1917, to June
3 ,1 9 1 8 , b y industry for which first certificated and b y sex and State.

169

T able G. Children for whom Federal certificates of age were issued,
September 1, 1917, to June 3, 1918, in specified State of issuance,
b y country and State of b irth ..............................................................................

171

T able H . N um ber and character of violations of Federal age and hour
standards found in the inspection of mills, canneries, factories,
workshops, and manufacturing establishments, September 1, 1917,
to June 3, 1918, b y State..........................................................

171

Table I. Num ber and character of violations of Federal and State age
and hour standards found in the inspection of m ills, canneries, fac­
tories, work shops, and manufacturing establishments (exclusive
of shipyards) from June 3, 1918, to A pril 24, 1919, b y State..................

172

T able J. Num ber of mines inspected and number of children under
16 and under 14 years of age employed in mines inspected, prior
and subsequent to June 3, 1918, b y State......................................................

172

T able K . Num ber and character of violations of Federal and State
child-labor standards found in the inspection of shipyards after
June 3, 1918, classified by State, and kind of ships m anu fa ctu red...

173

A pp en dix I I . T ext of Federal child-labor law of 1916 and rules and reg­
ulations for its enforcement...........................................................................................

174


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CONTENTS.
Appendixes— Continued.
_
A ppen dix I I I . Forms used in connection with the issuance of Federal

Tage.

certificates of a g e ......... .......... ........ ................................................- ............... * ------- 182-190
Form N o. 1. Information card (both sides), C. L . Form N o. 7 . . . ...........
182
2. Intention to em ploy, C. L . Form N o. 1 ...................................
3. Transcript of birth certificate, C. L . Form N o. 9 . . ............

183
183

4 . Transcript of baptism al certificate, C. L . Form No. 1 0 —

184

5. Parent’s statement, C. L. Form No. 1 4 . .................... - - ........

184

6. P hysician’s certificate of age (both sides), C. L . Form
N o. 1 3 ............................................. .......................... - ........................

185

7. School record of age, C. L . Form No. 1 1 .................................
8. Notice of commencement of em ploym ent, C. L . Form

186

N o. 6 ............ .....................................................................................Certificate of age, C. L . Form N o. 6a................... ..
Blank for return address, reverse of 6 ............................

186
186
187

Notice to employers, reverse of 6 a . . ....................

187

9. Identification card, C. L . Form N o. 8 ....................
10. Report to school— Age certificate issued, C . L . Form No. 2 .

187
188

11. D a ily report of certificates issued, C. L . Form No. 1 7 ------

188

12. Notice of suspension of certificate, C. L . Form No. 12 . .

189

13. Notice of veto of suspension, C. L . Form No. 5 ...

189

14. Notice of revocation of certificate, C. L. Form No. 3. . .
I n d e x ............................. ...................................................................................................................


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191


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LETTER OF TRANSMITTAL.

U n it e d

States D epartm ent of

L abor,

C h il d r e n ’s B u r e a u ,

Washington, December 1, 1920.
I transmit herewith a report of the Administration of the First
Federal Child-Labor Law, which was passed in September, 1916,
became effective September 1, 1917, and was declared unconstitu­
tional by the Supreme Court o f the United States nine months after
it went into operation.
This report is, then, in the main, the record of the administration
for the period of its existence of a statute in effect forbidding through­
out the United States the employment in manufacturing establish­
ments of children under 14 years of age and providing the conditions
under which children between 14 and 16 might legally be employed.
A delay of one year from the date of the passage was allowed before
the law went into effect so as to permit ample time for employers
affected by the law to make whatever changes in their labor force
might be necessary in order to comply with its provisions. By reason
of this delay it was also possible for the Government to prepare careful
plans for administering the law as equitably and as promptly as
possible. The administration was lodged by you in the Children’s
Bureau, and, as soon as the appropriation became available in 1917
the bureau organized a Child-Labor Division to carry out the provi­
sions of the act. Miss Grace Abbott was appointed director of the
new division. She is responsible for the cooperative basis upon which
the whole work was founded, the methods of administration, and the
clearness and human understanding of the record of the administra­
tion of the law.1
The importance of this record lies primarily in the fact that it
describes the prompt and effective enforcement of the first govern­
mental provision in this country for the protection of working chil­
dren. Incidentally it is of interest as a description of administrative
work carried on by the Children’s Bureau, whose previous activities
had been solely in the field of research.
Perhaps it is not out of place to suggest that certain important
conclusions may be drawn from this report of law enforcement,
although they are not directly set forth therein. Among them is
plainly indicated the importance of organizing the administration
in such a manner as to secure cooperation from State and local offiS ir :

1 Part I and Sec. I of Part I I of this report.

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LETTER OF TKANSMITTAL..

cials and from employers themselves. Complete responsibility for
enforcement must of course be borne by the central office; but the
recognition of proper State officials as issuing officers and inspectors
in approved States gave a wholesome decentralization, stimulated
other States to reach a standard which allowed them to issue work­
ing certificates and inspect with Government sanction, rendered the
central administration more economical and effective, and created
a sound working understanding between all those trying in good
faith to obey the law and those charged with its administration.
In the records of the 19,696 certificated children in five States
where the State laws were so inadequate as to make it necessary
for the Children’s Bureau to handle directly the inspection of estab­
lishments and the issuance of certificates, much material is preserved
as to the social conditions of the children. This material was secured,
not as social data, but because it was necessary to intelligent enforce­
ment, and its authenticity is the greater for that reason.
Never before have the processes of Federal law administration
brought automatically into view the vicious circle of child labor,
illiteracy, bodily feebleness, and poverty. And never before have the
same processes indicated more clearly how to break the circle. This
by-product of administration is in itself a valuable contribution to the
improvement of child labor in the L nited States.
When the Supreme Court handed down its decision against the
constitutionality of the child-labor law of 1916, the l nited States
was at the height of war production. The task of enforcing the new
provisions for the protection of working children had been performed
with success under trying conditions, and it was felt that a misfortune
to the children would be caused if the decision of the Supreme Court
destroyed all Federal protection. Accordingly the War Labor Poli­
cies Board gave instructions that the provisions of the former law as
to ages, hours, and working conditions should be incorporated in all
war contracts, and the Children’s Bureau was asked to make inspec­
tions in order to learn how far employers were complying with the
terms of their contracts. Certain investigations for the purpose of
learning the effect of the decision upon the employment of children
were also made under the bureau’s general powers. All these inspec­
tions and investigations were under the able direction of Miss E. N.
Matthews, Assistant Director of the Child-Labor Division, who has
also written Section II of Part II of this report.
The staff of the Child-Labor Division was selected with great care
under the rules of the Civil Service Commission. In this way several
persons were secured who had had previous experience in issuing
certificates or in the enforcement of State laws, among them Mr. J. B.


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LETTER OE T R A N S M IT T A L .

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Clinedinst, of Virginia; Miss Ethel Hanks, of Illinois; Miss Caroline
Manning, of Minnesota; Miss Cecelia Razovsky, of Missouri; and Miss
Mathilde L. Selig, of Maryland.
I can not close without expressing my hearty appreciation of the
intelligent and unsparing work of the entire staff in field and office
which made possible the results attained.
J u l i a C. L a t h r o p , Chief.
H o n . W. B. W i l s o n ,
Secretary o f Labor,


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ADMINISTRATION OF THE FIRST FEDERAL CHILD-LABOR LAW.
INTRODUCTION.
The Child-Labor Division of the Children’s Bureau was organized
to administer the United States child-labor act, which became effective
September 1, 1917. Approximately nine months later (June 3, 1918)
the act was declared unconstitutional, so that the work of the divi­
sion in this field terminated at that time.1 Subsequent to June 3,
some general inspections and investigations were made by the divi­
sion under the statutory power of the Children’s Bureau to investi­
gate the employment of children. At the request of the War Labor
Policies Board and the Department of War, it also undertook to
make the inspections necessary to determine whether contractors
were observing the clause with reference to the employment of children
which was ordered inserted in all Army and other war contracts. An
investigation of the employment of children in shipyards was also
made by the division at the request of the Industrial Division of the
Emergency Fleet Corporation. A report of this work, which ex­
tended over less than two years, is here presented in the order in
which it was undertaken.
1 The revenue act of 1918, Title X I I , provides for a tax of 10 per cent on the net profits of any mine or quarry
in which children under 16 are employed or permitted to work, and of any mill, cannery, factory, workshop,
or manufacturing establishment in which children under 14 are employed or children between 14 and 16
are employed more than eight hours a day, or six days a week, or before 6 a. m ., or after 7 p. m . A ChildLabor Tax Board composed of the Secretary of the Treasury, the Commissioner of Internal Revenue, and
the Secretary of Labor make the rules and regulations with reference, to the issuance of Federal certificates
of age and the acceptance of State certificates for the purposes of this act; it provides for inspection by the
Commissioner of Internal Revenue or persons authorized by him, or upon the request of the commissioner
by the Secretary of Labor or persons authorized by him. The child-labor tax division which has been or­
ganized in the Bureau of Internal Revenue is issuing certificates and will make such inspections as are
made. The Secretary of Labor has not been requested to cooperate along the lines the act makes possible.

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PART I.

ADMINISTRATION OF THE UNITED STATES CHILDLABOR ACT OF SEPTEMBER 1, 1916.
The first United States child-labor act prohibited the shipment
in interstate or foreign commerce of the products of (1) a mine or
quarry in which, within 30 days prior to the removal of said products
therefrom, children under 16 years of age had been employed or per­
mitted to work; and (2) of a mill, cannery, factory, workshop, or
manufacturing establishment in which, within 30 days prior to the
removal of the products therefrom, children under 14 years of age
had been employed, or children between 14 and 16 years of age had
been employed, or permitted to work more than eight hours a day,
or six days a week, or before 6 a. m., or after 7 p. m.2
Before the passage of the bill, it was the subject of much discussion
in Congress and throughout the country. In the presidential cam­
paign which followed its enactment its administrative provisions
were widely discussed. The measure provoked this general comment
because of the desire on the part of a very large part of the public
to prevent the premature employment of children, and also because
the legislative establishment of a national minimum for the pro­
tection of children indicated the beginning of a new national policy.
The act had met with opposition which had been organized and led
by representatives of southern textile industries. In the summer
of 1917, the opposition urged that, as the United States had entered
the war, and as the military draft and the demand for ships, muni­
tions, etc., were creating a shortage of labor, the enforcement of the
act should be postponed until after the war. But Congress and those
immediately responsible for the prosecution of the war took the posi­
tion which English and French experience indicated, that because of
shortage in the supply of raw material, as well as of labor, curtail­
ment of nonessential industries and not “ business as usual” must be
the rule. Resort to the employment of very young children for long
hours was dangerous to the future welfare of the country and clearly
not the way to promote sustained maximum production. This posi­
tion on the part of the Federal Government did much to prevent
ill-considered acts on the part of State legislatures and enabled State
officials successfully to oppose local demands for relaxation in State
laws. While the high cost of living, together with increased oppor* For text of the act and of the rules and regulations, see Appendix II, pp. 174-181.

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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

tunity for employment, resulted in a much larger number of children
leaving elementary and high schools to go to work, many State officials
reported that the Federal law had made the enforcement of State
laws easier than before the war; so that evidence seemed to indicate
that during the winter of 1917-18 there was less rather than more
employment of children in violation of State laws than in previous
years.
A basis for cooperation between the Federal and State Govern­
ments was provided in the act. The Child-Labor Division laid out
its plans on the theory that the successful and economical adminis­
tration o f the measure required that this cooperation should be
developed into a genuine working relationship.3
If a Federal administrative plan is to be developed in connection
with legislation in this and related fields, administrative standards
in the various States must be carefully studied and certain m in im u m
standards worked out. In connection with the certificates of age
provided for in section 5 of the act and in the decisions as to inspections
to be made, all the difficulties and the possibilities of State and Federal
cooperation were presented, and during the nine months that the
act was in effect some valuable experiments were made. Attention
is called to these in the discussion which follows.
3 The Bureau ot Chemistry had a similar problem in the administration oi the food and drug act, and its
experience was utilized by the division.


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CERTIFICATES OF AGE.

Plans for the issuance of certificates of age were made on the theory
that the successful enforcement of the law depended primarily upon
a well-administered certificating system. State experience had
demonstrated that only if no child is employed without a certificate,
and if no certificate is issued except upon reliable evidence that the
child is legally qualified to work, will the age, education, and physical
standards of a child-labor law be evenly and uniformly enforced.
With a good certificating system, inspection serves as little more than
a reenforcement of respect for the certificate by both employer and
child. If, however, certificates are issued on inadequate evidence or
a careless canvass of the facts, official approval of the employment of
children who are below the legal age is sure to be given by the issuing
officer. This places a very heavy burden on the inspection depart­
ment, as under such circumstances the inspector must determine the
ages of all children employed, whether with or without certificates.
The United States child labor act of 1916 provided that the power
to make rules and regulations for carrying out the provisions of the
act be given to a board composed of the Attorney General, the
Secretary of Commerce, and the Secretary of L ab or;4 and that this
board should decide the conditions under which, and the persons by
whom, the Federal certificates should be issued, and what States
should be designated as States in which the State work permits or
employment certificates should be accepted for the purposes of the
Federal act.5 The board appointed J. Wilrner Latimer, judge of the
juvenile court of the District of Columbia, for the Department of
Justice; Edwin F. Sweet, Assistant Secretary of Commerce, for the
Department of Commerce; and Louis F. Post, Assistant Secretary of
Labor, for the Department of Labor, to act as an advisory committee
to the board for making and publishing uniform rules and regulations.
From the date of its organization the Children’s Bureau had
studied the administration of State child-labor laws in the various
States, giving detailed attention to methods used in the issuance of
work permits. A considerable body of material was therefore avail­
able to enable this committee to decide where and under what
regulations Federal certificates should be issued.
Unlike State child-labor laws, the Federal act did not penalize the
employer covered by the terms of the act if he did not keep on file
certificates of age for all children within the prescribed ages in his
* United States child-labor act of 1916, sec. 2.
* United States child-labor act cf 3916, sec. 5.

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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

employ.8 It did provide that if certificates were procured in good
faith by an employer and the children proved to be under the legal
age, he was protected against prosecution for shipment of his products
in interstate or foreign commerce. Two kinds of certificates would
afford this protection under the terms of the Federal act: (1) Those
issued by Federal agents under the regulations laid down by the
Child-Labor Board; and (2) age, employment or working certificates,
or papers issued under State authority in States designated by the
board.
DESIGNATION OF STATES UNDER SECTION 5 OF THE ACT.

To avoid the expense and inconvenience to the child, the employer,
and the Government of a double certificating system it was im­
portant that, so far as the State laws and administrative practices
made it possible, State certificates should be accepted for the pur­
poses of the Federal act. In a number of States, radical amendment
of the State law was necessary before a reasonably satisfactory
certificating system could be assured. As many legislatures were
in session in 1917 which would not meet again until 1919, it was felt
to be important to call the attention of the States to the advantages
of a common State and Federal standard in the issuing of certificates.
Before the adoption of the rules and regulations, therefore, a letter
was sent to the governors of the various States calling attention to
the provisions of the Federal child-labor act and the desire of those
charged with its administration to prevent the confusion of a double
certificating system. The letter made two alternative suggestions,
either of which it was said would lead to the designation of the State
by the board These suggestions were:
First. That the legislatures of the several States consider the advisability of con­
stituting a board of State officials similar to the Federal Child-Labor Board, or of
designating an appropriate State official w ith general power to make rules and regu­
lations respecting proofs of age under the State child-labor laws, in order to secure
conformity to the Federal child-labor law and the rules and regulations thereunder; or
Second.

If any State does not desire to grant the administrative power recom­

mended above, that its legislature be asked to enact in lieu thereof the following
requirements for proof of age which indicate the lim it of probable regulatory require­
ments b y the board:
The person authorized b y the board to issue the certificate of age shall issue such
certificate only upon the application in person of the child desiring employment,
accompanied b y its parent, guardian, or custodian, and after having

received;

examined, and approved documentary evidence of age showing that the child is
14 years of age or over, which evidence shall consist of one of the following named
proofs of age, du ly attested, and the proof accepted shall be specified in the certifi­
cate issued to the child; the proof specified in subdivision (a) shall be required first,
but if this be not available then one of the proofs specified in the succeeding sub­
divisions shall be required and in the order designated until the age of the child be
established, as follows:
« The law recently enacted (Mar. 10, 1919) in North Carolina follows the precedent of the Federal act
instead of the State laws, using in section 10 substantially the language of section 5 of the Federal act, so
that a failure to have a certificate on file is not made in itseli a violation of the law as it is in other States.


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CER TIFICATES OF AGE.

17

(a) A birth, certificate or transcript thereof issued b y a registrar of vital statistics
or other officer charged w ith the d u ty of recording births, w hich certificate or trans­
script thereof shall be prima facie evidence of the age of the child.
- (b) A certificate of baptism or transcript thereof, showing the date of birth and
place of baptism of the child.
(c) A bona fide record of the date and place of the child’s birth kept in the Bible
in which the records of the births, marriages, and deaths in the fam ily of the child are
preserved; or a certificate of confirmation or other church ceremony at least 1 year
old showing the age of the child and date and place of such confirmation or ceremony;
or a passport showing the age of the ch ild; or a certificate of arrival in the United
States, issued b y U nited States immigration officers and showing the age of the child;
or a life insurance policy at least 1 year old showing the age of the child.
(d) 7 A certificate signed b y two physicians, at least one of whom shall be a publichealth officer or public-school medical inspector, stating that they have separately
examined the child and that in their opinion the child is at least 14 years of age; such
certificate shall show the height and weight of the child, the condition of its teeth,
and any other facts concerning its physical development revealed b y such examin­
ation and upon w hich their opinion as to its age is based.

The first suggestion— an elastic clause, empowering an adminis­
trative board or officer to change requirements as the Federal require­
ments changed— was little known in State legislation, but precedents
for it existed in legislation which had been passed in California,8
New Jersey,9 Oklahoma,10 and Virginia,11 providing that State
standards as to what constitutes adulteration, etc., should follow the
standards fixed by the Department of Agriculture in its administra­
tion of the Federal pure food law. This suggestion of the board for a
flexible law with reference to the proof of age for work permits was
adopted in Arkansas,12 Kansas,13 and Vermont,14 in 1917.
i Amended in rules and regulations adopted b y the board.
8 Acts of 1907, eh. 180, sec. 4, as amended by acts of 1909, ch. 226.
* Acts of 1915, ch. 73.
io R. L; 1910, see. 6918 (History: Acts of 1909, p. 279.)
a Act s of 1908, ch. 372, sec. 10.
u Acts of 1917, act No. 391, sec. 8. “ The person authorized to issue an employment certificate shall be,
and is hereby, authorized and empowered to make and prescribe, and from time to time to change and
amend such rules and regulations not. in conflict with this act, as he m ay deem necessary and proper to
secure satisfactory evidence of the age of the child: Provided, however, That the evidence of the age required
under such rules and regulations as to the proof of age prescribed by any rules and regulations and pursuant
to the act of Congress entitled, 'A n Act to prevent interstate commerce in the products of child labor and.
for other purposes,' approved September first, nineteen hundred and sixteen.”
- 13 Acts of 1917, ch. 227, sec. 6. The provision of the Kansas statute is as follows: " T h e State commissioner
of labor shall be, and hereby is authorized, empowered, and directed to make and prescribe, and from time
to time to change and amend such rules and regulations, not in conflict with this act, as he m ay deem
necessary and proper to secure satisfactory evidence of the age of the child applying for a work permit:
Provided, however, That the evidence of age, and the manner of preparing and producing such evidence,
required under such rales and regulations, shall comply substantially with the requiremets as to proof
of age prescribed by any rales and regulations made pursuant to the act of Congress entitled, ‘ A n act to
prevent interstate commerce in the products of child labor, and for other purposes, approved September
first, nineteen hundred and sixteen,' and any amendments thereto hereafter made.”
H Acts of 1917. No. 177, sec. 10. “ The commissioner of industries is hereby authorized to make and pre­
scribe, and from time to time to change and amend such rales and regulations, not In conflict with thi*
act as he m ay deem necessary and proper to secure satisfactory evidence of the age of the child applying
. for an age certificate: Provided, however, That the evidence of age required under such rules and regula­
tions shall at all times comply substantially with the requirements for proof of age prescribed by any rules
and regulations made pursuant to the act of Congress entitled, ‘ A n act to prevent interstate commerce in
the products of child labor, and for other purposes/ approved September first, nineteen hundred and
sixteen.”

1 83106°— 21------- 2


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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

During the same year, State laws in Illinois and Tennessee were
amended so that evidence of age was required substantially as recom­
mended by the board, and the whole system of certificating was much
improved.
The regulation finally adopted by the board with reference to
designation of States was as follows:
Regulation 8— Authorization o f acceptance o f State certificates.-—States in which
the age, employment, or working certificates, permits, or papers are issued under
State authority substantially in accord with the requirements of the act and with
regulation 2 ,15 hereof, m ay be designated, in accordance with section 5 of the act, as
States in which certificates issued under State authority shall have the same force and
effect as those issued under the direct authority of this act, except as individual cer­
tificates m ay be suspended or revoked in accordance with regulations 4 and 8.

Cer­

tificates in States so designated shall have this force and effect for the period of time
specified b y the board, unless in the judgment of the board the withdrawal of such
authorization at an earlier date seems desirable for the effective administration of the
act.

Certificates requiring conditions or restrictions additional to those required b y

the Federal act or b y the rules and regulations shall not be deemed to be inconsistent
with the act.

In accordance with this regulation the following 39 States and the
District of Columbia were designated on August 15 by the board, the
designation to take effect on September 1, for a six-months period:
Alabama.

Indiana.

Missouri.18

Arizona.

Iowa.

Montana.

Rhode Island.

Arkansas.

Kansas.

Nebraska.

California.

K en tu cky.

New Hampshire.

Tennessee.
T e xas.lT

Colorado.

Louisiana.

Connecticut.

Maine.

New Jersey.
N ew York.

Delaware.

Maryland.

North Dakota.

Vermont.
Virginia.

Dist. of Columbia.

Massachusetts.

Ohio.

Washingtion.

Florida.

M ichigan.

Oklahoma.

W est Virginia.

Illinois.

Minnesota.

Oregon.

Wisconsin.

Pennsylvania.

Utah.

These States could be roughly classified as follows:
1. Those in which the evidence of age required by the State law
and accepted in practice in the issuing of certificates met or exceeded
the Federal standards.
2 Those in which satisfactory evidence was required by the stat­
ute, but-the law was generally disregarded and quite unsatisfactory
evidence of age was accepted in practice by the local certificate­
issuing officers.
* Regulation 2 fixed the evidence which must he required as proof of age. For discussion see pp. 22-25.
16 In Missouri mine operators applied to the chief inspector for certificates for 16-year-old children em­
ployed in the mines. He was of the opinion that such certificates could not he issued under the State laws
of Missouri, and in consequence the commissioner was authorized to issue Federal certificates ior em­
ployment in mines and quarries as provided for in the rules and regulations.
17 Before the expiration of the six-month period, it was found that certificates would have to he issued
in Texas, and local superintendents of schools or department of health officials in the principal industrial
centers were commissioned ior this purpose as Federal officers.


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CER TIFICATES OF AGE.

19

3. Those in which satisfactory evidence was required by the stat­
ute, but the statute was variously interpreted and administered in
different parts of the State.
4. Those in which the evidence of age required b y the State statute
did not meet the standards laid down by the Federal act, but discre­
tion was lodged in the administrative officers, so that they could if
they so desired raise the local standards.
Letters were sent to the State departments of education and of
factory inspection explaining regulations 2 and 3, the apparent diffi­
culties in the local situation, and the basis on which the designation
had been made by the board. Through personal visits, conferences
with State officials, and local inspections, attempts were made to assist
in those adjustments in the State practices which were necessary if the
certificating was to he left largely in the hands of State officers and at
the same time an approximately uniform enforcement o f the Federal
law insured. It was recognized that while this could not be accomplished at once, progress toward this end was necessary and possil
On March 1, 1918, the designation of all these States expired.
this time 13 States—
Connecticut,

Oregon,

N ew York,

Rhode Island,

New Jersey, •
Ohio,

Maryland,

Maine,
Massachusetts,

Pennsylvania,
Wisconsin—

Kansas,
New Hampshire,

were redesignated for a period of 12 months; and 22 States and
District of Columbia—
Alabama,

Louisiana,

Arkansas,

Minnesota,

Vermont,
Arizona,

Colorado,

Montana,

California,

Dist. of Columbia,

North Dakota,

Illinois,

Tennessee,
Washington,

Delaware,
Florida,

Iowa,
Michigan,
Utah,

Missouri,

K entucky,
Nebraska—

Oklahoma,

were redesignated for a period of 6 months.
The redesignation of Virginia and West Virginia was limited to a
period of three months.
The evidence of age required by the Virginia law was below the
Federal standard, and the certificates were issued by notaries public.
The latter were entirely out of touch with schools and had no train­
ing for, or interest in, the administering of a child-lafeoT law, except
those notaries who were regularly employed by a manufacturing es­
tablishment to issue certificates for children employed in the factory.
It was to be expected that under such a system results would be
entirely unsatisfactory. Investigations and inspections made in
Virginia showed that the notaries were making a general practice

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20

FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

of issuing when the only proof of age presented was a parent’s
affidavit, although documentary evidence required by law was easily
obtainable. At the time when the first designation of six months
expired (Mar. 1, 1918), legislation was pending which if passed
would have made it possible to continue to accept the Virginia cer­
tificates. The measure finally adopted required better proof of age,
but the issuing of the certificates was still left to the notaries public.
It was therefore considered necessary to begin the issuance of
Federal certificates in Virginia.
The question of the redesignation of Indiana18 and West Virginia19
was pending at the time the law was declared unconstitutional.
As the inspection reports show, States were redesignated for 12
months in which the administrative practices in certain sections
of the State were far from satisfactory. The principal difficulty
in deciding as to the designation of many of the States was that
the certificating was done well in one town and very poorly in another.
In a few States—for example, Connecticut', New Hampshire, and
Wisconsin— the work was under State c o n t r o l b u t in most States
the authority to issue certificates was given to the local superin­
tendent of schools. The work requires careful attention to admin­
istrative details. This kind of attention, as the inspections made
clearly show, will usually not be given by busy school or other local
officers unless the value of it is clearly and frequently indicated by
State officers. Supervision has been specifically provided for in the
statutes of only a very few States. Many of the laws, however,
have given to State superintendents or commissioners of education,
or to State labor boards, or some similar public authority, the power
to prepare the forms to be used by local officers, or required that
reports of certificates issued and refused shall be made to the State
labor department. Even without a specific grant of supervisory
authority, much could be done—and in some States the Federal
inspectors found that much was being done— by the State super­
intendents or factory inspectors to bring the examination of the
children for their working papers up to the standard.
The conditions which the inspections in Ohio revealed 20 are typical
of a very large proportion of the States. In that State and in a
number of others, there were provisions in the law which could have
been made the basis for bringing local conditions up to standard.
These provisions were the requirement that reports on all certificates
should be filed with the department of factory inspection, or that
forms, etc., should be prescribed by the State superintendent of edu­
cation. But in general this power was not used, and local comw See p. 67.
*9 See p. 81.


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CER TIFICATES OF AGE.

21

munities had been allowed to continue practices which were in
violation of the law.
While absolute uniformity was not necessary and perhaps not
desirable, still if the certificates of every city and town in a certain
State, or of no city or town in that State, were to be accepted for the
purposes of the Federal act, it was essential that at least a certain
minimum adminstrative standard should be followed throughout
the State.
FEDERAL CERTIFICATES.

Rules and regulations.

The committee appointed by the board to draft rules and regula­
tions 21 devoted much time to the consideration of the rules which
should govern the issuance of Federal certificates; and the provisions
on this subject in the tentative rules and regulations submitted by
the committee were thoroughly discussed both at the public hearing
on July 24, which was attended largely by employers or their repre­
sentatives, and at the conference of State officials on July 27. The
points on which some difference of opinion existed were first, whether
certificates should be issued to the child or to the employer; second,
whether certificates should be issued to children 16 years of age and
over, as well as to those between 14 and 16; third, what proofs
of age should be accepted. These points are treated in detail in the
following sections:
Persons to whom certificates should be issued.— If certificates are
issued to employers, a new certificate must be issued for a child
every time he changes his job. The inspection service would thus
have available at all times complete information as to where children
are employed and in what numbers; whether the number of children
employed is increasing or decreasing in a particular industry or
locality; and how frequently the children are changing employment.
It is also of great assistance if attendance at school during unemploy­
ment, or at continuation school during employment, is required.
Some State officials at the conference objected to issuing a certifi­
cate to the employer on the ground "of the additional expense and
administrative difficulty entailed in the issuance of a new certificate
with each change of employment; and the fear that the employer, by
refusing to return the certificate or by threatening that he would not
return it, might prevent a child from leaving his employment. State
experience showed, however, that the last objection could be met
administratively by canceling or taking up all certificates not
promptly returned.
After canvassing these advantages and disadvantages, the plan of
issuing the certificate to the employer was adopted by the board.


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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I.

Age at which certificates sJwuld be issued.—-Extending the issuance
of certificates to children who are 16 years of age when the law regu­
lates the employment of children only up to 16 is urged in some sec­
tions as a means of insuring the observance of that age standard. If
the parents of the child say he is 16, the usual practice of the issuing
officer is not to issue a certificate but to leave to the employer the
responsibility of deciding whether the child is or is not under that
age. This means that the inspection service must be relied upon to
detect any violations o f the law which may occur in this way, and
that children who are in fact under 16 may be employed more than
the legal number of hours until the annual or semiannual inspections
are made. Because of the administrative expense and difficulty in­
volved in issuing to 16-year-old children, the committee decided that
Federal certificates should be issued for such children only if em­
ployment in mines or quarries was contemplated. During the
nine months of issuance the officers.and director of the Child-Labor
Division were increasingly impressed with the need of issuing
certificates for all 16-year-old children.
P roof o f age.— While the State laws vary greatly, a careful analysis
of the measures adopted from time to time shows that the States are
coming to a recognition of the necessity of establishing an educa­
tional, a physical, and an age minimum which a child must reach
before he is permitted to go to work. If the law establishes an educa­
tional standard, the permit-issuing officer must determine whether
the child can read and write simple sentences in English or has a
fourth, sixth, or eighth grade education, as the law may require.
The schools are so standardized that educational qualifications may
be fairly easily determined. The physical fitness of a child to under­
take a particular kind of employment and the normal physical devel­
opment of a child of 14, 15, or 16 years of age have not been well
standardized, although in a few places excellent work is now being
done along this line.22
The Federal child-labor act of September 1, 1916, established
only an age minimum. Age ought to be a. fact which could be
quickly and finally established; but as vital statistics have not been
kept in a large part of the United States, much time must be spent
in the seareh for proof of age, and in many instances unimpeachable
evidence can not be obtained.23
w The imperative need of physical tests for children about to enter employment and of continuous super­
vision over the health of children at work has received national recognition in the organization by the
Children’s Bureau of a permanent committee to determine physical standards for working children The
preliminary report of this committee is now in press.
23 The birth-registration systems of the various States were so unreliable that not until 1915—or about 12
years after the majority of the children considered in this study were born— was it possible for the Bureau
of the Censns to establish a birth-registration area; that is, an area in which the birth registration was 90
per cent complete. This area at that time included only 10 States and the District of Columbia- it now
includes only 23 States and the District of Columbia.


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CER TIFICATES OF AGE.

23

It was urged by many manufacturers at the hearing on the tenta­
tive rules and regulations that a parent’s or guardian’s affidavit
should be accepted as satisfactory evidence (1) because it was not
possible to secure other evidence in the South and (2) because it is
reliable evidence. Statements made by manufacturers that it would
be found impossible to secure any of the evidence required under (a),
(b), and (c) of regulation 2,24were made, it was believed, without any
real knowledge of the facts. Experience in many States has proved
that the issuance of certificates on the affidavit of the parent tends to
result in the defeat of the purpose of the law. If the full responsi­
bility is put on the child’s parents, the conviction often becomes
general among the parents whose necessities are the greatest that the
law requires them to swear that the child is of a certain age before he
çan get a job. Evidence of the unreliability of the parents’ state­
ments was secured in connection with the issuance of Federal certifi­
cates of age in South Carolina. The child-labor law of that State
provided for the issuance of certificates on the basis of the parent’s
affidavit. The first 3,858 applications made for Federal certificates
were checked with the affidavits previously filed in the office of the
commissioner of agriculture, commerce, and labor. This canvass
showed that documentary evidence had been presented by the pa­
rents to the Federal issuing officers which showed that 81 children
were older and 601, or 15.6 per cent of the number checked, were
younger than the age previously sworn to by the parents. Those
manufacturers who shipped in interstate or foreign commerce, and
who felt that the parent’s affidavit was the best evidence, were free
under the Federal act to accept it, but they were liable to prosecu­
tion if in fact it proved unreliable and they employed children con­
trary to the provisions of the aet. Very few of them, however, had
sufficient confidence in the parents’ affidavits to be willing to take
this risk.
The proof of age finally recommended by the committee and
adopted by the board was as follows:
Regulation 2— P roo f o f age.— Persons authorized b y the board to issue age certifi­
cates under the authority of this act shall issue such certificates only upon the appli­
cation in person of the child desiring em ploym ent, accompanied b y its parent,
guardian, or custodian; and after having received, exam ined, and approved docu­
mentary evidence of age showing that the child is 14 years of age or over if em ploym ent
in a m ill, cannery, workshop, factory, or manufacturing establishment is contemplated,
or that the child is between 16 and 17 years of age if employment in or about a mine
or quarry is contemplated; which evidence shall consist of one of the followingnamed proofs of age, to be required in the order herein designated, as follows:
(а) A birth certificate or attested transcript thereof issued b y a registrar of vital
statistics or other officer charged with the duty of recording births.
(б) A record of baptism or a certificate or attested transcript thereof showing the
date of birth and place of baptism of the child.
84 See Appendix II, p. 177


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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

..(c) A. bona fide contemporary record of the date and place of the child’s birth kept
in the B ible in which the records of the births in the fam ily of the child are preserved,
or other documentary evidence satisfactory to the Secretary of Labor or such person
as he m ay designate, such as a passport showing the age o f the child, a certificate
of arrival in the U nited States issued b y the U nited States immigration officers and
showing the age of the child, or a life insurance p olicy; provided that such other
satisfactory documentary evidence has been in existence at least one year prior to
the tim e it is offered in evidence; and provided further that a school record or a
parent’s, guardian’s, or custodian’s affidavit, certificate, or other written statement
of age shall not be accepted except as specified in paragraph (d).
(d) A certificate signed b y a public-health physician or a public-school physician,
specifying what in the opinion of such physician is the physical age of the child; such
certificate shall show the height and weight of the child and other facts concerning
its physical development revealed b y such examination and upon which the opinion
of the physician as to the physical age of the child is based.

A parent’s, guardian’s,

or custodian’s certificate as to the age of the child and a record of age as given on the
register of the school which the child first attended or in the school census, if ob­
tainable, shall be submitted with the physician’s certificate showing physical age.
The officer issuing the age certificate for a child shall require the evidence of age
specified in subdivision (o) in preference to that specified in any subsequent sub­
division, and .shall not accept the evidence of age permitted b y any subsequent
subdivision unless he shall receive and file evidence that the evidence of age required
b y the preceding subdivision or subdivisions can not be obtained.

A birth certificate or a transcript of an official record made at the
time of the, birth, is the best evidence. A record of baptism in a
church in which infant baptism is practiced and records are carefully
kept is also good proof of age.
,
The Bible record in which the date and place of birth are recorded
at the time of birth is good except that there is no reliable method
of ascertaining whether the record is a contemporaneous one or not.
As this record: is in the possession of the family interested, altera­
tions are frequently made. The practice therefore of accepting the
Bible record often leads to fraud and misrepresentation, t
Passports for foreign children and certificates of arrival also are
frequently found to be unreliable. Because of racial, religious, and
political discrimination, many immigrants have found it necessary
to use passports of other persons in order to get out of the country.
Certificates of arrival are based on the ship’s manifest made by the
steamship company and, as in the case of the life insurance policy,
no proof of age is required. The value of the latter consists in the
fact that at the time, the age is given there is no temptation to make
the child seem older than he is. All this evidence—the passport,
the certificate of arrival, or the insurance policy (regulation 2 (e))—
was made acceptable under the rules and regulations because it
was felt that in many cases better proof could not be obtained. In
the event that none of these could be secured and that no other
documentary evidence approved by the secretary was available, the
rules and regulations provided that a certificate of physical age


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CER TIFICATES OE AGE.

25

could be accepted.25 The extent to which this evidence was accepted
is shown in Table A of Appendix I.
Issuance of certificates.

Federal certificates of age were issued first in North Carolina,
South Carolina, Georgia, and Mississippi, and later in Virginia,
because the certificating requirements of their State child-labor
laws were far below the standards set by the Federal rules and
regulations.
Officers of the Child-Labor Division canvassed employers to ex­
plain the regulations and began to examine the evidence of age for
children employed in these States a month* before the law went into
effect. This was done in order that the certificates for children who
were 14 or over and were already employed might be issued with as
little confusion as possible after the law went into effect on Sep­
tember 1.
The questions as to record keeping and transfers from district to
district and State to State had to be worked outv A card system
was used for the Certificates, and for transcripts of records, doctor’s
certificates, etc. These were 4 by 6 inchés in size and differed from
one another in color.26 Each issuing officer kept at his district head­
quarters, on what was called an information card, a complete record
of each applicant for a certificate. On this card were recorded the
city or town and the State in which the application was first made;
the color, sex, place, and date of birth; school and grade in school last
attended by the applicant ; the address of the parent or guardian,
the date of the first interview, the signature of the child, and the
name of the issuing officer who examined the child. If a certificate
was issued, the date of issuance, the evidence of age accepted, the
certificate number, the name and address of employer, and the kind
of industry were recorded on the information card. Space was pro­
vided for entering the time when work began and ended on each
certificate, and for recording any action taken, such as suspension
or revocation of a certificate. If a certificate was refused, the reason
and the kind of evidence submitted were recorded. If a case was
continued, a record was made of the reason. Entry Was made on the
information card of the nature of the evidence accepted and rejected,
together with reasons for rejection; and also evidence which the
issuing officer believed could be secured by correspondence. A dupli­
cate set of information cards was filed according to district in the
main office of the division in Washington. Here also were received,
examined, and filed in alphabetical order all the documents relative
to each applicant for a certificate.
æSee pp. 31-38 for discussion of this evidence.
s* A complete set of the forms used in the issuance of Federal certificates is contained in Appendix III.


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FIRST FEDERAL C H IL D -L A B O R L A W — PART I .

The administrative difficulties involved in the issuance of certifi­
cates were many. In general, the child-employing industries are
concentrated in the western parts of North Carolina, South Carolina,
and Georgia; but as the eastern sections were not without such indus­
tries, a very large area had to be covered. Many of the mill vil­
lages are geographically isolated, and practically all are isolated in
their community life; so that it was necessary to arrange for the
issuance of certificates in nearly every one of the individual mill
villages. During the first two months the requests for certificates were
very numerous, because they were desired for all the children between
14 and 16 years of age who had been working before the Federal law
went into effect. After this period was over, the States were divided
into districts of such size that one issuing officer could visit each
industrial community in his district once a month.
In North Carolina, Georgia, and Mississippi, employers, parents,
children, and public officials were quite unfamiliar with a State cer­
tificating system, and the State child-labor standards were lower in
every particular than those established by the Federal act. In North
Carolina the State minimum age was 13 for employment in factories,
but children of 12 could be employed in what the law called an “ ap­
prenticeship” capacity if they had attended school for 4 months in
the preceding 12.27 The length of the legal working day under the
State law was the same as for adults— an 11-hour day and a 60-hour
week; night work by children under 16 years of age was prohibited
in factories between 9 p. m. and 6 a. m. What was more serious, no
provision had been made in North Carolina for State enforcement of
even these low standards. The State commissioner of labor and
printing had no funds for inspection and no legal right of entry if he
were given funds.28
The Georgia law prohibited the employment of children under 14
in or about factories; but children 12 years of age who were orphans
or whose fathers were dead 'Could work on special permits issued on
the ground of poverty. Night work in factories was prohibited for
children under 14\ years of age. In cotton or woolen mills the hours
were limited to 60 per week for both adults and children, but there
was no day limitation; in factories other than cotton or woolen mills
there was a general “ sunrise to sunset 1 provision for children under
21. The commissioner of labor was charged with the enforcement
of the Georgia child-labor law, and duplicates of certificates issued
by the school authorities were filed in his office. In 1917 of five
employees in the office of the commissioner, one was nominally a
factory inspector, but regular inspections were not being made.
h
28

The minim um age in North Carolina was raised to 14 in 1919. See p. 112.
Enforcement of the North Carolina child-labor law of 1919 is lodged with the State child-welfare

commission-

See p. 112.


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CE R T IF IC A T ES OF AGE.

21

In Mississippi the age minimum was 12 for boys and 14 for girls
in factories and canneries. The latter were not included in the
penalty clause o f the act and so felt free to violate the law. As they
were a most important child-employing industry this left a serious
loophole. The hours in the factories and canneries were limited to
8 per day and 48 per week for children under 16; but boys between
14 and 16 employed in cotton and woolen mills were exempted from
this and from the night-work prohibition of the law.
In South Carolina the situation was better. The minimum age
standard had been recently raised, and certificates were required for
all children between 14 and 16 years of age employed in factories.
The legal working day and the regulation of night work were sub­
stantially the same as in North Carolina. But in South Carolina the
enforcement of the law was lodged with the State commissioner of
commerce, agriculture, and industries. He had done much to
acquaint manufacturers with the provisions of the State law and
the Federal act; inspections had been.made regularly, and violations
of the State law had been prosecuted. In the office of the commis­
sioner there was a complete file of the parents* affidavits on which
the State certificates were issued under the then existing State law
and under previous laws when the age minimum was lower. These
had been filed and checked for discrepancies. They were put at the
disposal of the Children’s Bureau, and office space as well as other
assistance was given by the State commissioner.
Number o f children who applied fo r certificates and fo r whom cer­
tificates were issued and refused.— During what was approximately
the nine-month period when certificates of age were issued by the
Child-Labor Division, 25,330 children applied for certificates. As
Table I shows, certificates were issued for 19,606 of these children
and were refused for 2,156 children. The number of refusals can
not be taken as a measure of the thoroughness with which the work
was done. Under the regulations applications had to be accom­
panied by a promise of employment The Child-Labor Division ex­
plained the requirements as to proof of age to the superintendents
and managers of the mills and factories, and in many towns and
villages the superintendents carefully canvassed the available evi­
dence before signing the promise of employment. This reduced
greatly the number of applicants who would have been classified as
refusals. If it becomes known that age will be carefully investi­
gated, children under the legal age will not apply. Furthermore, it
will be noted that Table I shows that almost as large as the number
refused was the number (2,041) of children whose applications were
dropped because evidence was not produced in a three-month period.
This number includes, therefore, a very large number of children who
had no evidence or evidence which, if produced, would have been so

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28

FIRST FEDERAL^ C H IL D -L A B O R L A W — PART I .

unsatisfactory as to cause refusals of certificates. The explanations
made by the issuing officer at the time of the application convinced
the children that they could not hope to obtain certificates; and
although they did not withdraw their applications, they did not
return. In the number whose applications were dropped there were,
of course, some who were of legal working age who changed their
minds about desiring to work, and some who removed to States in
which Federal certificates were not issued.
T able

I — Children applying f o r Federal certificates o f age and disposition o f their
applications, Sept. 1, 1917, to June 3, 1918, by States.

Disposition of applications.

State.

Children
applying
for cer­
tificates.

Certifi­
cates
issued.

Certifi­
cates
refused.

Appli­
cations
dropped.

Appli­
cations
pending
June 3,
1918.

Total............ ........................................... ........... ..

25,330

19,696

2,156

2,041

1,437

North Carolina..........................................................................
South Carolina......... ............. . . . ........................... .................
Georgia..........................................................................................
Virginia......................................... 1............. ............. .............
Mississippi................... ....................... .....................................

12,345
6,727
3,849
1,935
474

9,377
5,874
2,897
1,210
338

1,097.
377
388
228
66

1,203
340
399
33
66

668
136
.165
464
44

. The State in which there was the greatest demand for children
was North Carolina, where 12,345 children applied for certificates
and 9,377 were granted. This number, however, did not represent
so accurately the total number of children actually at work as, did
the figures for South Carolina and Georgia. It will be remembered
that before the law went into effect an injunction was granted in
the western judicial district of North Carolina restraining the United
States attorney of that district from enforcing the law on the ground
of its unconstitutionality. In spite of this fact, certificates were
sought by many manufacturers in that district, because they were
requested by dealers purchasing their products to give a guaranty
that no children under 14 years of age had been employed, or that
no children between 14 and 16 had been employed more than 8 hours
a day or 6 days a week, or before 6 a. m. or after 7 p. m., within 30
days prior to the removal of the products. Others who did not
observe the law desired certificates for children between 14 and 16
so that, in the event that the law was sustained by the Supreme
Court, they would know at once which children it would be necessary
for them to dismiss and which they would have to put on the eighthour shift. However, other manufacturers in this district regarded
this as an unnecessary precaution and did not apply for certificates
for the children under 16 in their employ; therefore, the number of
certificates issued in the western district did not adequately represent

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29

age.

the number of children employed in that district. In addition, more
serious violations of the law were found in the eastern district, in
which inspections were made, than in the other Southern States;
so that, all told, the number of children employed in North Carolina
was certainly much larger 29 than the 9,377 for whom certificates
were issued.
Evidence o f age on which certificates were issued.—As was antici­
pated, the evidence of age procured was poor in character. Cer­
tificates of birth could be obtained for only a small number of
children who were born in States which had been within the registra­
tion area for fourteen or more years, or in the very few towns where
local records were kept. Infant baptism was not general, so the main
reliance had to be placed on records which were in the possession of
the applicants and whose genuineness could not be scientifically
determined.
Table A30 shows that birth certificates were procured for less than
1 per cent of the applicants in the two States in which the largest
number of children applied— North Carolina (0.2) and South Carolina
(0.3); less than 2 per cent in Georgia (1.4) and Mississippi (1.8);
and 6 per cent in Virginia. Baptismal certificates were almost
as unusual, except in some sections of Virginia, where an Episco­
palian, and in Mississippi, where a Catholic population was
able to furnish evidence of infant baptism. In North Carolina,
South Carolina, and Georgia the evidence most commonly accepted
was a Bible record. Of the children certificated in Virginia, an
insurance policy was accepted for 47.8 per cent; and in Mississippi, a
certificate of physical age was accepted for 52.1 per cent. Often
the Bibles were excellent records, as all the family births and deaths
had been painstakingly entered at the time the event occurred.
Sometimes, however, erasures had been so crudely made, the child’s
birth date so recently entered or so obviously changed, that the
unreliability was at once apparent. For example, a North Carolina
child presented an old Bible with carefully entered births and deaths.
But a place had been cut out where the applicant’s birth date should
have been entered, and below the entries for the younger brothers
and sisters a birth date making her 14 years of age had been en­
tered in ink that was hardly dry. Sometimes thè erasures were so
incomplete that the original record could be easily read, and the
certificate could then be refused on the Bible record. But there
were many as to the genuineness of which the issuing officer could
29 Even were this not so, an increase over 1910 in the number of children between 14 and 16 years of age
employed in factories is indicated. The Thirteenth Census of the United States showed 8,475 children 14
to 15 years of age and 6,344 10 to 13 years of age employed in selected occupations in manufacturing and
mechanical industries in 1910.— Thirteenth Census of the United States, 1910, Voi. IV , Table V II, pp.
'499-500.
i
•» Appendix I, p. 165.


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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

find no internal evidence whatever. There were Bibles that bore no
date of publication; there were entries in lead pencil; entries so badly
written as to be altogether illegible; entries made in many different
kinds of writing— “ by any neighbor who could write” — and old
records which were said to have been copied by these neighbors
who could write when the family left the mountains and the old
family Bible went to another son or daughter. While many of these
stories were undoubtedly true, officers became very suspicious of
them after they had established in a few cases that the birth dates
had all been made a year earlier. There were Bibles that were
“ back in the mountains” and off the railroad, and the cases were
continued from month to month in the belief that, if the record did,
in fact, show the child to be 14, a means of establishing contact with
that isolated mountain home would be found.
As Table A 31 shows, a life insurance policy was accepted as proof of
age for 28.2 per cent of the children for whom certificates were issued.
Except in Mississippi, the children of the southern industrial dis­
tricts, like the children of the same districts in the North, are usually
insured so that in the event o f death a decent burial may be given
them, although the parents’ work may be slack and savings meager.
The insurance policy was not a reliable record. The mothers fre­
quently complained that the policy had been taken out by the father
and “ he, of course, could only guess at the age.” In the case of one
boy a certificate was refused on an insurance policy presented by his
father which showed him to be 16 years of age. He later moved to
North Carolina and came with his mother for a certificate, presenting
a Bible reeord showing him to be 14 years of age. The mother
maintained that the error in the insurance policy was due to the
father’s ignorance of the boy’s real age. It is needless to say a certifi­
cate was issued on the Bible record. Many southern, as well as northern,
industrial workers allow policies to lapse. Again and again, two or
three policies which had been taken out and then allowed to lapse
were offered as proof of age, and sometimes the age differed on each
policy. One old colored woman presented an insurance policy which
showed her child to be under 14 years of age. When her attention
was called to this fact she said: “ Think of that, lady; I gave you
the wrong one,” and presented another policy showing him to be of
legal working age. Issuing officers were requested to secure evidence
from the company as to the age of children whose insurance was no
longer being carried. Some of the companies furnished these records,
but others refused except on the signed application of the parent.
While this could always be secured, as the request was made at the
instance of the father and mother, it meant one more signature to
81 Appendix I, p. 165.


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CER TIFICATES OF AGE.

31

be explained. The insurance agents made a practice of accepting
the parents’ statement of the child’s age without proof or, indeed,
without detailed inquiry; and the Child-Labor Division found that
they were willing to arrange to have the age on the certificate changed
on complaint of the parent that it was not accurate. Again and
again, having refused a certificate because the insurance policy
showed a child to be under 14, the issuing officer was later presented
with a “ corrected” policy showing the child to be entitled to a
certificate. Some shrewd, forward-looking parents were found to
be insuring their children’s lives in order to have evidence which
they hoped at the end of a year would enable the child to go to work
before he was 14. Issuing officers in the division became increasingly
doubtful as to the value of this evidence and felt that the provision
in the rules and regulations that the policy must have been in ex­
istence at least one y ea r32 prior to the time it was offered in evidence
was not sufficient to safeguard the child.
The evidence classified in Table A33 as “ other documentary evi­
dence was of many kinds. Family records kept on an illuminated
scroll, on “ Golden Gems of Life,” or Dora’s “ Biblical Illustrations,”
were as convincing as good Bible records; in a few places a physician
was found who had so carefully kept a record of the births he had
attended that it was deemed reliable evidence; sometimes a record
of adoption— in one case of indenture— or other court record was
discovered. One officer found a good record kept in the family
clock; and another found a coin on which had been carefully en­
graved the date of the child’s birth, the engraving indicating that
this might have been done at the time each child was born. Only
24 of the children certificated were reported to be foreign born, so
that passports or certificates of arrival were seldom offered as evi­
dence. Altogether, although some of the proof classified under this
heading was excellent, much of it was of very doubtful value.
Physician’s certificate o f 'physical age.— In the plans made for the
certificating it was anticipated that it would be impossible to obtain
documentary evidence for many of the children, and that their ages
would therefore have to be determined by some other test. A
physician’s certificate had been relied upon, in the absence of
documentary evidence, in Maryland, Massachusetts, New York,
Pennsylvania, and a few other States. But in all these the number
of children for whom better evidence could not be secured was very
much smaller than in the southern textile States. Regulation 2 (d),
as adopted by the board, provided that—
A certificate signed b y a public-health physician or a public-school physician,
specifying w hat in the opinion of such physician is the physical age of the child;
Appendix II, regulation 2 (c), p. 177.
Appendix I, p. 165.


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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I.

such certificate shall show the height and weight of the child and other facts con­
cerning its physical developm ent revealed b y such examination and upon which the
opinion of the physician as to the physical age of the child is based.

A parent’s,

guardian’s, or custodian’s certificate as to the age of the child, and a record of age as
given on the register of the school which the child first attended or in the school
census, if obtainable, shall be submitted with the physician’s certificate showing
physical age.

A physician can not establish by a physical examination the actual
chronologic age of a child; but if his examination shows the child to
be physically below 14 and evidence to the contrary is lacking, the
child ought not to go to work even though the law establishes only
an age minimum. A physical examination unsupported by other
evidence would mean that well-developed children might go to work
long before they were 14 years of age. Regulation 2 of the rules and
regulations for carrying out the United States child-labor act there­
fore specified that a school record, if obtainable, together with a
parent’s statement, must be submitted with the physician’s certificate.
The instructions to the issuing officers were that if the school record,
the parent’s statement, or the physician’s certificate gave the child’s
age as under 14 years, a certificate was to be refused.
The textile mills of the South are generally situated in small mill
villages. County public-health officers give only a part of their
time to public-health work, and it could not be hoped that much
time could be given by them to the examination of the children.
Many of the physicians who would make the examinations would
necessarily lack the definite experience upon which to base their
estimate of the child’s age; therefore it seemed wise to adopt some
standard test of physical age. Among the facts indicative of age
are (1) development of the bones, (2) maturity of the girls and
- pubescence of the boys, (3) the condition of the teeth, and (4) height
and weight. For the first, a radiograph of the bones is necessary, so
that this method, which some advocates feel is the most scientific, is
impracticable.34 The second involves an examination which is often
objected to. The age at which the molars emerge varies so greatly
that the third method is inconclusive. So height and weight were
selected as being the simplest and least objectionable test.
With this selected it was necessary in the interest of uniformity to
determine on minimum height and weight standards. This proved
to be very difficult, as such information as was available indicated
variation in height and weight with race, sex, and climatic conditions.
Unfortunately, material with reference to southern children was
very meager.
w-Rotcli,‘ Thomas Morgan: “ Chronologic and Anatomic Age in Early Life,” in Journal of the American
Medical Association, 1908, Vol. L I , pp. 1197-1203.


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CER TIFICATES OF AGE.

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:

An analysis of measurements of 10,043 boys and .girls granted
employment certificates in New Y ork 35 furnished the largest body of
material for any part of the country; but as these figures are confined
to applicants for work papers— the more fortunate children who re­
main at school not being included— these findings may be far below
normal. This study was made in order to find a standard which
could be used in connection with the physical examination to deter­
mine whether a child applying for a certificate is of the normal de­
velopment of a child of his age and is in sound health, and so entitled
to a certificate under the New York law and under the laws of other
States which establish a physical as well as an age minimum for
children. The relation between height and weight which this study
recommended was not so helpful in determining age.
The height and weight of these New York applicants for working
papers was apparently higher than that found in the course of other
investigations of height and weight of children of the same ages in
other parts of the country. They are noticeably higher than those
recorded in a study of children in a southern city on the sandy
coastal plain.36 These figures, however, were based on the exami­
nation of a very small number and may not be really representative
of the coastal plain or of other geographical divisions of the South.
With the information available it was clear that the fixing of a
standard for use in the Southern States must be an arbitrary pro­
ceeding. The certificate as finally worked out called for a report on
height, weight, and other evidence of physical age; evidence of dis­
ease—malnutrition, defective teeth or tonsils, tuberculosis, etc.—•
and the doctor’s findings from these facts as to the child’s physical
age. The certificate provided that “ a child must be 56 inches in
height and weigh 80 -pounds to be certified as having reached the
physical age of 14 years, and must be 57 inches in height and weigh
85 pounds to be certified as having reached the physical age of 16
years.” On the reverse side, of the certificate an exception was made
that “ when in the opinion of the examining physician the child is 14 or
16 years of age, and after a thorough physical examination the child is
found to be in good health and well nourished and all organs are
found to be normal, the child may be certified as being 14 or 16 years
of age although falling slightly below the standard given on the face
of the certificate. But in no case may a child be certified as 14 years
of age who is less than 54 inches in height or weighs less than 75
pounds; nor may any child be certified as 16 years of age who is less
than 56 inches in height and weighs less than 80 pounds.” Issuing
86 Frankel, Lee K ., and Dublin, Louis I .: Heights and Weights of New York City Children 14 to 16 Years
of Age: A study of the measurements of boys and girls granted employment certificates. Metropolitan
Life Insurance Co., New York, 1916.
88 Stiles, C. W .,a n d Wheeler, George A .: Heights and Weights of Children. U . S. Public Health Service,
Reprint 303.

183106°—21----- 3

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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

officers were directed that the instructions on the certificate must be
carefully followed in calculating physical age.
These standards were regarded as tentative only. Plans were made
to watch very closely the results of the examinations and as soon as
practicable to examine a considerable number of southern children
with a view to securing a body of evidence by which they could be
corrected. The issuing officers reported that they were apparently
too low for the white and much too low for the colored children, and
the recommendations from the issuing officers for an investigation
of the standard increased.37
The physician’s certificate was at first very popular with parents
and mill authorities. In some communities all the children for whom
the mills desired certificates had been weighed and measured by
the local public-health officer before the issuing officer arrived, and
physicians’ certificates printed by the mills were handed the issuing
officer on her arrival. This was to some extent an evidence of good
faith on the part of the superintendent— a desire to show that in the
absence of the regularly issued certificate they had endeavored to
live up to the rules and regulations. It was, however, an unfortunate
approach to the examination of evidence. The impression spread
that any child who could pass the physical test could work, and the
refusal to issue a certificate until an often necessarily long and
tedious canvass for evidence of age had been completed was not
understood. As they learned that the applications for certificates
for children who could furnish no documentary evidence of age had
to be postponed until at least the next monthly visit of the issuing
officer, in order that school records might be investigated, the enthu­
siasm for this particular form of evidence decreased.
Unfortunately, this was for a discouragingly large per cent of the
children the only evidence that was obtained. Out of the 19,696
children for whom certificates were issued, the proof of age relied
upon for 4,834, or 24. 5 per cent, was the certificate of physical age.
Table II shows that for 1,124 this was corroborated by school record
and parents’ statement and the school record only and for 3,522 by
the parents’ statement only— a very poor showing as to supporting
evidence.
37A n examination of 2,000 white children between 14 and 16 years of age in the industrial districts of
the South has recently been made by the Children's Bureau, and the findings w ill soon be available.


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CER TIFICATES OF AGE.

T a b l e I I .— Number cmd per cent o f children fo r whom Federal certificates o f age were

issued September 1 ,1 9 1 7 , to June 3, 1918, on the basis o f certificate o f physical age ac­
cepted as proof o f age with specified supporting evidence, by State.

Children issued certificates on the basis of certificate of physical
age accepted as proof of age.

Supporl ed by—

State.

Total
chil­
dren
issued
certifi­
cates.

Total.

N um ­
ber.

Per
cent.

Sehool record
and parents’
statement and
sehoolrecord
only.1

Parents’ state­
ment only.

Num­
ber.

N um ­
ber.

Per
cent.

Unsupported.

Per
cent.

N um ­
ber.

Per
cent.

Total..................................

19,696

4,834

24.5

1,124

5.7

3,522

17.9

188

1.0

North Carolina...........................
South Carolina...........................
Georgia..........................................
Virginia........................................
Mississippi...................................

9,377
5,874
2,897
1,210
338

2,015
1,574
929
140
176

21.5
26.8
32.1
11.6
52.1

542
53
403
83
43

5.8
.9
13.9
6.9
12.7

1,365
1,476
507
55
119

14.6
25.1
17.5
4.5
35.2

108
45
19
2
14

1.2
.8
.7
.2
4.1

1 Eighteen certificates were issued on school record only— 13 in North Carolina, 1 in Georgia, and 4 in
Mississippi

Officers were more successful in securing school or school-census
records in North Carolina and Georgia than in the other States.
Regulation 2 (d) called for the school first attended. In practice it
was found necessary to rely on the earliest record which could be
secured, as it was so frequently impossible to learn from either parent
or child what had been the school in which the child had started.
In running down these records officers sometimes found as many
different dates of birth recorded as there were schools attended or
school enumerations made. But for many children the same date of
birth had been used in reckoning the age until the child applied for
work. The fact that these children were able to pass the physical
tests of age when so many school records, independently made, indi­
cated they were under 14, was convincing evidence that it was quite
unfair to the child to accept the physician’s certificate unsupported
except by the parent’s statement of age. The value of the school
record is illustrated by the case of a North Carolina girl. She pre­
sented a Bible record which was not contemporaneous, as all the
entries appeared to have been “written on the same date. This was
refused, and the child was sent for a physician’s certificate of age.
The child’s height was 56^ inches, her weight 84^ pounds, and she
was certified by the examining physician to be 14 years of age. No
school record could be found, and a certificate was therefore issued.
In a canvass of the census records for another girl, the records of this
girl were uncovered, showing her to be under 14, so the certificate
issued was promptly revoked. A number of instances of this sort
led to a general search for school records for all these children, with

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FIR ST FEDERAL C H IL D -L A B O R L A W -----PART I .

the result that for a considerable number evidence corroborating the
age given was secured, while for others the school records showed a
lower age and the certificates issued had to be revoked.
Table II shows that certificates of physical age unsupported except
by parents’ statement were accepted for 3,522 children for whom
Federal certificates of age were issued. There are several explana­
tions of this fact. In many cases no response could be secured to
letters of inquiry as to school records. When these schools were in
the towns or in the same counties in which industries were located,
personal visits were made to schools and to the county superintend­
ent’s office to consult the records. Officers made a special effort to
get in personal touch with the school officials and to learn from them
how the school records could be secured. The officers themselves
often spent much time in going through census records and putting
them in order so that they would be available for future use. But
this was not possible when the schools were rural schools situated in
counties at a distance from the industrial districts. During the first
months of the work, when communities were unfamiliar with them
inquiries which were made and the officers with the field in which
they were working, fewer school records were secured. Steady prog­
ress was being made in securing a quick return on inquiries and
ready access to records when the law was declared unconstitutional.
Tiie certificates refused on the basis of certificates of physical age
are perhaps more significant than the number issued. Table B 38
shows that of the 2,156 certificates refused, 967, or 44.9 per cent,
were refused on documentary evidence— 6 on birth certificates, 34 on
baptismal certificates, 255 on Bible records, 636 on life insurance
policies, and 36 on other documentary evidence. Four hundred and
four of the remaining 1,189 were refused because their physical age
was below 14; 413, on the school or school census record of age; and
369, on the parent’s or guardian’s statement.
Of the 364 children who were refused certificates on a doctor’s certifi­
cate of physical age, under regulation 2 (d),39 the parent’s statement
and the school record were reported as corroborating the doctor’3
findings for only 1 child; for 37 children the school record and parent’s
statement both gave over 14 as the child’s age, and for 294 (80. 8 per
cent), the parent certified the child was over 14 years of age.
The physical basis for refusals were as follows:
Below height standard....................................................................................................... - . . . .
Below weight standard........................................................................................................... ..
Below both height and weight standards.................... . .......................................................
Other evidence of physical age........................................................................... ................. ..
E vid e n ce not reported.................................................................... ........................,.................Total.......................................................................................................................................

5
184
134
19
62
«404

38 Appendix I, p. 166.
88 Appendix II, pp. 177-178.
<o Forty of this number were found to be below weight b y the issuing officer. (Their height was not re­
corded.) Because they would have had to go considerable distances to reach the nearest public-health
physician, these children were refused by the issuing officer without being examined b y a doctor.


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CERTIFICATES OF AGE.

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In some cases where a child was certified as under weight, the
mother began a course of feeding which she hoped would bring him
up to the standard; in a few localities, where the mills operated mill
farms, the children were sent to the farm in the hope that they would
take on weight. Many of these underweight children had been
working in the mills for several years. Some gained quickly when
they were taken out of the mill and put on a better diet. With others
it was a long hard pull to reach even the low standards which the
physical certificate required. Some of them came again and again
to report that they had gained a few ounces or a pound. One very
small girl was presented on each visit of the issuing officer by a husky
looking father, who was always irritated with the officer because his
daughter could not gain the necessary pounds.
The question arose as to whether a certificate should be issued
for the children who came up to standard weight subsequent to the re­
fusal, and the experiment was tried of authorizing their return to work
on a statement of age which would continue in force as long as they
were of the standard weight. These children were interviewed and
reweighed on each monthly visit. For example, a boy in Georgia
who applied for a certificate in September, and for whom docu­
mentary evidence could not be procured, was sent to the president
of the county board of health for examination. The latter certified
that the boy was 59 inches high, weighed 75 pounds, had anemia
and hookworm, and that in his judgment his physical age was 13.
A certificate was in consequence refused. This refusal was con­
sidered a very great hardship because the boy’s father was not able
to work regularly, and considerable effort was made to secure a
reversal of the decision. In October the county physician, “ after
mature deliberation and consulting his [the boy’s] family record as
to the date of his birth,” certified that the boy was “ at least 14
years of age.” A physician who had attended him at birth— but
who was unable to produce any office records to that effect—sent in
an affidavit giving an exact date for the boy’s birth which would
have made him 14 years of age. Under the rules, however, a certif­
icate could not be granted on this evidence. On December 15,
when the boy came up for reexamination, he had gained 7 pounds
in weight and had learned to sign his name during the two months
he had been in school. He had learned also the effect of some of his
habits on his weight. He was allowed to go to work on a statement
of age, and on each subsequent visit of the issuing officer he was
reweighed and found to be improving in weight and general appear­
ance.
Another issuing officer wrote in February concerning a boy who
was refused a certificate because he weighed only 73 pounds, that since
November she had been “ leading him along toward the hoped-for

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80 pounds b y a regimen that excluded tobacco in all forms and
included regular school attendance.” He finally reached 81 pounds
and, positively radiant over this achievement, presented himself for
a certificate. The issuing officer was about to give him a statement
when an insurance policy was discovered which showed him to be
under 14. The issuing officer wrote: “ The teacher and I hope to
keep him in school the rest of the session. I did not have time to
see his mother, but am planning to do so on my next visit,”
A mill superintendent sent a South Carolina girl, who claimed to
be 16 years of age, to the issuing officer to be examined, as she seemed
undersized. No documentary evidence of age could be discovered,
but as the girl weighed only 73 pounds she was taken out of the
mill for two months. By that time her weight had increased to
81 pounds. She was put to work, but on an 8-hour schedule. In
five months she weighed 86 pounds- In this case the father was
greatly interested in both the mental and physical improvement
which the girl made and refused to allow her to work during the
hot weather unless she was kept on the 8-hour schedule instead of
on the 11-hour schedule, on which she had formerly worked. In
all, 25 children who had been refused certificates because they were
underweight were allowed to return to work on statements of age,
which were valid only so long as their weight was kept up to stand­
ard.
The law did not require “ normal physical development,” and so
the correction of defects reported by the doctor could not be required
before a certificate was issued as it may under the State law in New
York, Chicago, Boston, Philadelphia, and a number of other impor­
tant industrial centers. Many of the parents to whom the defects
were reported by the officer were obviously unable to secure their
correction, and there were in most cases no public clinics to which
they might be referred, as a matter of course. Though not a part
of their official duties, the officers tried to secure for these children
the help which they so much needed before they undertook to bear
the strain of industrial life. For some children it was possible to
secure the assistance of local agencies. In a few communities the
mill management assumed responsibility for securing the medical
assistance needed; and some, particularly those who had hookworm,
the physicians who examined them cared for free of charge.
Industry for which first certificated.—In applying for a certificate
each child was required to present an “ intention-to-em ploy ” card,
signed by the employer or his agent, giving the name of the estab­
lishment, the nature of the business or industry, whether or not
the products of the establishment were shipped in interstate or
foreign commerce, and stating it to be the intention of tbe signer,
upon receipt of the certificate of age, to employ the specified child

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CER TIFICATES OF AGE.

39

in accordance with the child-labor law and the rules and regulations.
A post-card notice of the date when the child’s employment actually
began was attached to the certificate, which was sent to the employer.
This notice of the commencement of employment was filled out and
returned by him. The facts as to the industries for which the chil­
dren were first certificated as shown by the intention-to-employ cards,
are given in Table F, Appendix I. As this table shows, the greatest
demand for children came from the textile industries.
Out of 19,696 children for whom certificates were issued, 17,030, or
86.5 per cent, were first certificated for employment in some textile
mill. Of this number 14,501, or 73.6 per cent, were employed in
the manufacture of cotton yarns and cotton cloth, while hosiery
and other knitting mills absorbed 2,198 children. More than 1,500
of the latter were in North Carolina alone. Virginia, where only
21,9 per cent of the children were in textile mills, was the only State
in which there was any real diversity in employment. South Caro­
lina showed the least diversity; 96.6 per cent of its working children
went into the mills.
The manufacture of tobacco was second in importance to textiles,
but because of the very mueh smaller number of factories it was of
little importance except for a few communities in North Carolina
and Virginia. The employment of young children in tobacco fac­
tories is generally considered to be physically injurious; and in 13
States children under 16 (and in 1, children under 15) were prohibited
either from all work in tobacco factories or from specific occupations,
such as assorting, stripping, or manufacturing tobacco.41 For this
reason, the fact that 1,432 children to whom certificates were issued
were to be employed in stemmeries and tobacco factories is of special
importance. Of these children, 902 were employed in North Caro­
lina and 421 in Virginia. In the latter State the actual numbers,
but not the per cent, would probably have been much larger if the
decision that the law was unconstitutional had not prevented a
complete canvass of the children in Virginia.
' Number o f jobs the children held.—To those who are engaged in
the placement and supervision of juvenile workers, the children
who wander from job to job constitute a perplexing group. And
yet the jobs the children get are frequently so monotonous and
offer so little in the way of advancement that a child with any ambi­
tion would insist on trying several before accepting what is too often
the fact—-that there are no better ones open to him. Then, because
of the factory organization, it is too often only by leaving a place
that promotions are secured, individual aptitudes discovered, or
* Alabama, Arizona, California, Delaware (under 15), Indiana. Kentucky, Maryland, Massachusetts,
Nevada Ohio, Pennsylvania, Utah, Vermont, and Wisconsin. In addition, New Jersey prohibits
employment of children under 16 in any occupation causing dust (including tobacco dust) in injurious
quantities.


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Federal Reserve Bank of St. Louis

40

FIRST FEDERAL C H IL D -L A B O R L A W — PART I .

preferences satisfied. It is therefore not easy to say when a change
will be advantageous or merely demoralizing.
Among the southern children under consideration there was
relatively little wandering from job to job. The records show that
19,503, or 99 per cent, of the 19,696 children who received certifi­
cates in Virginia, North Carolina, South Carolina, Georgia, and
Mississippi remained in the same industry, and 90.6 per cent in the
same job. Of the 1,520 children who had two jobs, 10.3 per cent
changed from one industry to another. Of the 292 who had three
jobs, all except 32 remained in the same industry, and of these
only 1 tried three different industries. Thirty-four children tried
four jobs; 4 of these tried two different industries, and 1 tried three.
Two children who changed five times remained in the same indus­
try through all the changes.42 The boys were more restless than
the girls. Figures as to the number of jobs held by these children
are less significant than in States where there is greater diversity of
opportunity. Generally speaking, mill employees live in mill villages
and in mill houses, where all the interests revolve around the mill.
The houses and general living conditions are very much better in
some villages than in others, and movement from place to place is
doubtless facilitated by the universality of the textile industry in
this part of the country and the consequent identity of jobs that
are offered; still, the fact that a change of jobs usually means a.
change of residence for the southern mill worker necessarily tends
to keep down the labor turnover among the adult married workers.
The children frequently can not change their jobs unless their fathers
and often their mothers change also, and the entire family may have
to move to another village if a change is made by any one of them.
Thus, of the children who had had two jobs, 42.4 per cent had re­
moved to another village when the change was made; and of the
children who had had three jobs, 39.7 per cent had lived in two, and
11.6 per cent in three, different communities.43 For these reasons
the figures as to the number of jobs the children have held can not
be compared with those for children who live in cities, where five or
six quite different jobs are to be had in as many blocks from home.
It should also be remembered that in the case of children for whom
Federal certificates were issued, the certificating was for a ninemonths period only, and that about one-half of the children held
certificates for as long as six months, and about one-seventh for
less than one month. Many of the group that held certificates for
nine months had worked before, some of them for several years,
which accounts for the fact that the number of those who held two
jobs was approximately five times as large for the children who
5 Appendix I, Table D , p. 168.
43 Appendix I, Table E , p. 168.


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CER TIFICATES OF AGE.

41

had been certificated for nine months as for those who had been
certificated only eight months.44
Proportion o f boys and girls certificated.—According to Table F,45
the numbers of boys and girls for whom certificates were issued were
almost equal— 9,996 boys and 9,700 girls. In North Carolina and
Mississippi the number of girls was somewhat larger than the num­
ber of boys; while in the other States the reverse was true, as the
following percentages based upon Table F show:

,

States.

North Carolina___ .......................................
South Carolina..........................
Georgia............................................................................
Virginia...................................... ...............
Mississippi....................................................

Boys
certifi­
cated.

49.6
51.2
51.1
58.0
46.7

Girls
certifi­
cated.

50.4
48.9
53.3

In North Carolina, Virginia, and Mississippi, the number of girls
who entered the textile mills was larger than the number of boys.
Tobacco manufacturing absorbed more girls than boys in North Car­
olina, South Carolina, Georgia, and Virginia.
The comparative number of girls and boys for whom certificates
were issued in certain other localities, widely scattered geographically
and having different industrial characteristics, indicates that the pro­
portion of girls certificated Was unusually high in all the States in
which Federal certificates were issued except Virginia. In textile
towns such as Lowell and Lawrence, Mass.,46 the boys constituted
slightly more than 55 per cent' of the entire number, a larger propor­
tion than in North Carolina, South Carolina, Georgia, or Mississippi.
In Lynn, Mass.,46 where the manufacture of shoes and electrical appli­
ances leads, 72.6 per cent of the children certificated were boys. In
Pittsburgh, Pa.,47 67.6 per cent, in Kansas City, Mo.,48 64.3 per cent,
in New Orleans, La.,49 58. 6 per Tent, in Louisville, K y.,50 60.9 per
cent, and in Chicago, 111.,51 58.5 per cent of the entire number certifi44 Appendix I, Table C, p. 167.
45 Appendix I, pp. 169-170.
48 Unpublished figures for the year July 1 , 1917-June 30,1918, supplied by the Massachusetts State Board
of Education. Certificates for children over 14 years of age and under 16.
47 Compiled from unpublished figures of the Department of Compulsory Attendance, Board of Public
Education, Pittsburgh, Pa., lor the year Sept. 1 , 1917-Aug. 31,1918. (Certificates for 14- and 15-year-old
children only.)
48 Compiled from unpublished figures of the Attendance Department, Kansas City Board of Educa­
tion, Kansas City, M o., for the school year 1917-18. (Certificates for 14- and 15-year-old children only.)
49 Eleventh Report of the Factories Inspection Department of the Parish of Orleans (L a.), for year ending
Dee. 31,1918, p. 8. Includes certificates for children 16 and 17 years of age.
Unpublished Report of the Attendance Department, Board of Education, Louisville, K y ., for the year
July 1, 1917, to June 30, 1918. These percentages are based upon statistics for 959 certificates issued to
public-school children only. The total number of certificates issued to children between 1 4 and 16 years
of age was 1,487.
61 Figures for year July 1 , 1917-July 1,1918, supplied by Em ploym ent Certificate Bureau and Vocational
Guidance Bureau, Chicago Board of Education.


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Federal Reserve Bank of St. Louis

42

FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

eated during the 1917-18 school year were boys. As 51.2 per cent of
the children certificated in South Carolina, 51.1 per cent in Georgia,
49.6 per cent in North Carolina, and 46.7 per cent in Mississippi were
boys, there was as compared with the cities enumerated a much larger
demand for girls in these States. The succeeding section shows that
the girls certificated were better prepared educationally than the
boys. From this standpoint the demand in the textile m i l l s and
tobacco factories for girls rather than for boys does not seem so seri­
ous. However, most mothers hesitate longer about sending girls to
work than they do boys—perhaps because they realize that in the
long run the physical effects are more dangerous for girls, or because
they are more conscious of the moral hazards which the latter face
in the change from school to factory—which hazards, though present
for their sons also, have not in the past been regarded as so dangerous
for boys.
School attendance and ability to read and write.—In order to secure
the school record of age it was necessary to inquire as exactly as pos­
sible into the school history of each child who applied for a certifi­
cate. As it was believed that the school authorities would be inter­
ested in securing the return to school of children for whom certifi­
cates were refused, information regarding the grade last attended
was also secured. The information given by the child was not cor­
roborated by a statement from the teacher or principal, or by any
educational test such as would have been necessary if the law had
established an educational minimum. Many of the schools were
ungraded, and the child frequently reported only “ first reader% or
“ third room.” This was interpreted in the tabulation to mean the
first, second, or third grade, as the case might be, although this as­
sumed a degree of organization which in many instances did not
exist, especially in the country or mountain schools from which some
of the children came. The test of ability to write their names was
for this reason a more uniform one. than the child’s report as to the
grade he had last attended.
Table III shows that of the children certificated, a small number
(188) reported that they had never been to school at all, while 1,615,
or 8.2 per cent, had not gone beyond the first grade; more than half
the children certificated, or 56.2 per cent, were in or below the fourth
grade when they left school; while only 2.7 per cent were in the
eighth grade, and 1.3 per cent in the ninth or higher grades.


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Federal Reserve Bank of St. Louis

43

CER TIFICATES OF AGE.

T a b l e I I I .— Number and per cent o f children fo r whom Federal certificates o f age were

issued, September 1, 1917, to June 8 , 1918, who had last attended grade specified, by
State.

O)

8 .2

9,377
100.0

54
0.6

5,874
100.0
2,897
100.0

Fourth
grade.

S i x t h
grade.

S e v en th
grade.

Eighth
grade.

Ninth and
h ig h e r
grades.

Not report­
ed.

188

1.0

T h i r d
grade.

North Carolina:
N um ber...........
Per cen t...........
South Carolina:
N um ber...........
P ercent...........
Georgia:
N um ber...........
Per cent...........
Virginia:
Number............
Per cen t...........
Mississippi:
* N um ber...........
P ercent...........

19,696
100.0

Second
grade.

Total:
N um ber...........
Per cent...........

IS
+5
O
1H

â

F i r s t
grade.

States.

School grade last attended.

a

Never atti
school.

jjf

1,615

2,179
11.1

3,268
16.6

4,008
20.3

3,363
17.1

2,398
12.2

1,509
7 .7

534
2.7

249
1.3

385
2.0

8 .0

1,080
11.5

1,603
17.1

1,977
21.1

1,649
17.6

1,099
11.7

686
7.3

235
2.5

102
1.1

142
1.5

98
1.7

582
9.9

713
12.1

968
16.5

1,166
19.9

899
15.3

666
11.3

401
6.8

179
3.0

61

1.0

141
2.4

23
0 .8

185
6.4

288
9.9

515
17.8

608
21.0

542
18.7

359
12.4

214
7.4

77
2.7

35
1.2

51
1.8

1,210
100.0

10
0.8

76
6.3

66
5.5

125
10.3

195
16.1

212
17.5

226
18.7

179
14.8

31
2.6

47
3.9

43
3.6

338
100.0

3
0.9

22
6.5

32
9.5

57
16.9

62
18.3

61
18.0

48
14.2

29
8.6

12
3.6

4
1.2

8
2.4

3o

750

A

+» é
c3

f-t
So

In a few States the State child-labor law required the completion
of the common school, or the eighth grade, before a child between
14 and 16 could secure a work permit.52 With such a standard only
337 (3. 6 per cent) of the 9, 377 children who procured certificates
of age in North Carolina, and only 240 (4.1 per cent) of the 5,874
who secured certificates in South Carolina, would have been allowed
to leave school for industrial employment.
Comparative figures as to grade last attended are available for
very few States. They vary greatly, as the compulsory schoolattendance and child-labor laws vary in their requirements. But
such material as is available shows that the working children of the
southern textile States are sadly handicapped from an educational
standpoint. For example, in Massachusetts, where, at the time the
Federal law was in effect, the State law required completion of the
fourth grade 53 in school before a child could secure a work permit,
1.3 per cent of the children certificated during the school year
1917-18, had not met this requirement; 8. 2 per cent came from the
fourth grade; 11.9 per cent from the fifth grade; 16.8 per cent from
the sixth grade; 18.5 per cent from the seventh grade; 19.5 per cent
from the eighth grade; while 23.9 per cent came from the high schools
of the State.54 In Iowa the law required completion of the sixth
52 California (with m any exceptions), Kansas, Minnesota, Montana (with exceptions), Nebraska (some
exceptions), New York (applies to children under 15 years of age only), and Vermont.
63 Required also in Arkansas. In 1919 Massachusetts adopted a sixth-grade standard.
Unpublished figures furnished by the Massachusetts State Board of Education.

64


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44

FIR ST FEDERAL C H IL D -L A B O R L A W -----PART I .

grade 55 before children between 14 and 16 years of age could secure
work permits. During the 1917-18 school year in Iowa, 21 per cent
of the children who secured certificates came from the sixth grade,
29.1 per cent from the seventh grade, 34.1 per cent from the eighth
grade, and 13 9 per cent from the high school.56
In Connecticut the State law required proof of ability to read with
facility and write legibly simple sentences, and a knowledge of frac­
tions, before children between 14 and 16 years of age could secure work
permits.57 As administered by the State board of education of Con­
necticut, this was substantially equivalent to completion of at least
the fifth grade, for of the total number of children who were granted
permits in that State in 1917-18, 0.4 per cent came from the fourth
grade, 6.3 per cent from the fifth, 18.5 per cent from the sixth, 21.9
per cent from the seventh, 29.1 per cent from the eighth, and 23.8
per cent from the ninth grade and the high school.58
The New Orleans percentages are of special interest. There was no
educational minimum (established by the Louisana child-labor law;59
but in that city certificates have been carefully issued and inspec­
tions regularly made for a number of years, so that the children have
received such protection as could be given them under the State
law. In 1918, 5 per cent of the children certificated in New Orleans
came from the high school, 12.9 per cent came from the eighth grade,
17.5 per cent from the seventh grade, 21.6 per cent from the sixth
grade, 20.6 per cent from the fifth grade, and 13.8 per cent from the
fourth grade.60 In 1910, when these records were first kept for New
Orleans, the largest number of children certificated came from the fifth
grade and the second largest number from the fourth grade.61 In
1918 the largest number came from the sixth grade, the second
largest number from the fifth, and more came from the seventh than
from the fourth grade.
66
Seven States in addition to Iowa have this educational requirement, namely, Maine, Michigan, Ohio
(seventh for girls), Oregon (ruling of State board of inspection of child labor requires completion of 6A
grade; ruling of industrial welfare commission requires eighth grade for work during school hours), and
Pennsylvania, W est Virginia, and Wisconsin (with exceptions; seventh grade after July 1, 1920).
66 The per cent of children from ungraded schools was 1.8. State of Iowa, 1918. Report of the Bureau
ol Labor Statistics for the Biennial Period ending June 30,1918, p. 102.
67 The educational requirement is similar in the District of Columbia, Florida, and Idaho. Ability to
read and write is required in Colorado, Missouri, New Hampshire, North Dakota, Oklahoma, Rhode Island,
South Dakota, and Utah.
68 Unpublished figures for 1917-18 supplied by the Connecticut State Board of Education.
t9Ninestates (Louisiana, Mississippi, Nevada, New Mexico, South Carolina, Texas, Virginia, Washington,
and W yom ing) had no educational requirements; four (Alabama, Georgia, North Carolina, and Tennessee)
required attendance during a specified period— three or four months— duringthe year preceding the issuance
of the certificate. (See p. 112 for North Carolina law of 1919.)
01 There were also 5.2 per cent from the third grade, 2.2 per cent from the second grade, 0.7 per cent from
the first grade and 0.5 per cent had never been to school. These figuresinclude children 16 to 17 years of age.
Compiled from Eleventh Report of the Factories Inspection Department of the Parish of Orleans for the year
ending Dec. 31,1918, p. 8.
61 These figures include children 16 to 17 years of age. Ninth Report of the Factories Inspection Depart­
m ent of the Parish of Orleans for the year ending Dec. 31,1916, p. 6.


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CERTIFICATES OF. AGE.

45

Paterson, N. J., a textile town where the children are very largely
foreign born, or native born of foreign parentage, reports that 22.9
per cent of the public-school children who received work permits
came from the high school, 26.7 per cent from the eighth grade,
22.9 per cent from the seventh grade, and 27.5 per cent from the
sixth grade.62 Wisconsin at the time the Federal law was in
effect, required that children between 14 and 16 years of age must
have completed the fifth grade,63 or have attended school seven years,
or have received instruction required in enumerated subjects sub­
stantially equivalent to the fifth-grade requirements. In Milwaukee
8.2 per cent of the children who secured work permits were from the
high school, 29.8 per cent from the eighth grade, 20.9 per cent from
the seventh, 22.4 per cent from the sixth, 14.7 per cent from the fifth,
and 3.7 per cent came from grades below the fifth.64
The figures as to grade last attended make a better educational
showing for the group of children for whom Federal certificates were
issued than the,facts warrant. It has already been pointed out that
only the child’s statement on this point was secured, and one who
said he came from the “ first room ” or the “ first reader” was classi­
fied as a first-grade child. For purposes of identification, each child
was required to sign the office record (information card) kept of his
application and the certificate furnished the employer. This was
more of a standardized test than was the grade last attended. Clas­
sification on this basis indicates that a very much larger number of
these children were going to work without the most elementary
education.
Thus, although only 188 children reported they had never been to
school at all and 1,615 had never been beyond the first grade, Table
IV shows that there were 1,915 who had to make their cross on the
certificate because they were unable to sign their names, and .3,379
more whose signatures were illegible.
« Figures are from the unpublished report in the superintendent’s office, Paterson, N . J. The per cents
given are for the children from the public school. The grade last attended was not reported for 259 children
(18.1 per cent of the total number certificated) who came from parochial schools.
m Wisconsin now requires completion of sixth grade (with exceptions), and after July 1,1920, completion
of seventh grade will be required. Completion of the fifth grade is required in Arizona, Delaware, Illinois,
Indiana, Kentucky, Maryland, and New Jersey. In Maryland, outside Baltimore City, completion of
the seventh grade is required for permit to work during school hours.
« Annual Report of the Attendance Department of the Board of School Directors of the City of Milwaukee
for the school year ending June 30,1918, p. 89.


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Federal Reserve Bank of St. Louis

46

¿» FIRST FEDERAL C H IL D -L A B O R L A W — PART I .

T a b l e I V .— Number and per cent o f children fo r whom Federal certificates o f age were
issued Sept. 1, 1917, to June 3 , 1918, with specified ^ability to sign their 'names by
State o f issuance and sex o f child.

Total children.

Signatures
legible.

Signatures
illegible.

Unable to
sign name.

State of issuance
and sex of child.

All States....................
Boys......................
Girls......................
North Carolina..........
Boys....................
Girls....................
South Carolina..........
Boys......................
Girls......................
Georgia.........................
Boys......................
Girls......................
Virginia......................
Bovs............
Girls......................
Mississippi..................
B o y s . . . . . ............
Girls......................

N um ­
ber.

Per
cent.

N um ­
ber.

19,696
9,996
9,700
9,377
4,650
4,727
5,874
3,006
2,868
2,897
1,480
1,417
1,210
702
508
338
158
180

100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0

14,041
6,594
7,447
6,206
2,813
3,393
4,280
2,041
2,239
2,217
1,047
1,170
1,079
588
491
259
105
154

Per
cent.

N um ­
ber.

71.3
66.0
76.8
66.2
60.5
71.8
72.9
67.9
78.1
76.5
70.7
82.6
89.2
83.8
96.7
76.6
66.5
85.6

Per
cent.

3,379
1,972
1,407
2,096
1,169
927
719
435
284
432
268
164
77
68
9
55
32
23

N um ­
ber.

17.2
19.7
14.5
22.4
25.1
19.6
12.2
14.5
9.9
14.9
18.1
11.6
6.4
9.7
1.8
16.3
20.3
12.8

Not asked
to sign.

Per
cent.

1,915
1,247
668
787
523
- 264
815
499
316
237
160
77
53
45
8
23
20
3

Num ­
ber.

Per
cent.

9.7
12.5
6.9
8.4
11.2

361
183
178
288
145

13.9
16.6
11.0
8.2
10.8

60
31
29
11
5
6
1

4.4
6.4
1.6
6.8
12.7
1.7

1:8
1.8
3.1
3.1
3.0
1.0
1.0
1 n
0.4
.i

i

.i

i
i

.6

If ability to write their names legibly had been a requirement,
5,294, or more than one-fourth of those to whom certificates were
given, would have been unable to qualify. The inaccuracies of the
grades reported are shown by comparison between the ability to
write their names and the grade last attended by the children. Cer­
tainly those in the third grade ought to be able to pass this test; but,
as the figures in Table V show, almost 1,100 children who stated that
they had attended the third grade were unable to do this; also, more
than 300 who were in the fifth, and more than 100 who were in the
sixth. This showing must be due to incorrect reports on the part
of the children, or poorly graded schools, or both.
T a b l e Y . — Children fo r whom Federal certificates o f age were issued S ept. 1, 1 9 1 7

to

Children unable to sign
their names.......................
Children unable to sign
their names legibly........

Not reported,

N inth grade.

Eighth grade.

Seventh grade.

j

J

Sixth grade.

Fifth grade.

>
<û

Fourth grade.

ta
a>

Third grade.

s

4-3
03

School grade last attended.

Second grade.

Ability to sign name.

*0
Q
A
m
Va>
First grade.

Total children.

June 3 ,1 9 1 8 , who were unable to write their names legibly, by school grade last atuiukd.

1,915

163

927

447

195

69

21

13

6

6

3,379

11

406

812

903

709

330

113

42

4

68
1

48

Judged by both the grade attended and the legibility of the signa­
tures, of the States in which Federal certificates were issued, Virginia
made the best showing, with Mississippi, Georgia, North Carolina,
and South Carolina following in the order named.

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CER TIFICATES OF AGE.

47

In both the grade attended and the ability to write legibly, the
girls made a better showing than the boys. In the writing test, 76.8
per cent of all the girls for whom Federal certificates were issued
were able to write their names legibly, and only 66 per cent of the
boys; 6.9 per cent of the girls as compared with 12.5 per cent of the
boys were unable to sign their names at all.
In Virginia, 1.6 per cent of the girls and 6.4 per cent of the boys
certificated, and in Mississippi, 1.7 per cent of the girls and 12.7 per­
cent of the boys, were unable to sign their names.
The meager educational equipment of the working children in
these States was, perhaps, to be expected. In the group of States
in which certificates were issued, illiteracy has been more general
than in the North and West, and the movement to reduce it has had
the opposition of a large group of people who were opposed to com­
pulsory education because it meant education for the Negroes.
In 1917, when the Federal child-labor law went into effect and the
issuance of certificates was begun, Mississippi had no compulsory
education law.63 South Carolina had passed one in 1915 which
was, however, not mandatory until adopted by the local authorities,
and Georgia had passed its first compulsory education law as
recently as 1916. In North Carolina the compulsory school age
had been 8 to 12,66 but it was raised to 14 in July, 1917. In all these
States attendance was required for a four-months period only.67
By constitutional provision the compulsory school age in Virginia
could not be extended by the legislature beyond 12 years of age.68
The child-labor laws enacted in this group of States did not estab­
lish an educational minimum.
Though so little legislative progress along this line had been
made, efforts to provide more and better schools and to raise the
standard in the mill schools had greatly increased. A considerable
decrease in illiteracy, therefore, might have been expected. The
only figures available for comparison are those of the United
States Census for 1910. They include adults among whom
illiteracy is higher than among their children, and adults and
children from the rural districts, where illiteracy is higher in all
sections of the country than it is in industrial districts. For the
purpose of this comparison, the figures are open to the crit­
icism that they are based only on the statements made to census
enumerators and not on any test of ability to read and write. So
far as the figures for the children are concerned, it should be remem­
bered that they include only the working children, among whom
65 A local'optionlaw has since been passed.
66 In two counties the age was 15.
a Subject to certain exemptions in South Carolina.
“ A constitutional amendment has since been adopted b y the legislature which, if ratified, will give
the State legislature the power to extend the period of attendance.


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48

FIRST FEDERAL C H IL D -L A B O R L A W -----PART I .

the proportion of illiterates is always higher than among children
whose parents are economically on a higher level.
Comparison with the census figures shows that the per cent of
white children certificated who were unable to write their names was
larger in the States of South Carolina and Mississippi than the per
cent of illiterates among the native white of native parentage 10
years of age and over, in 1910.

States.

Per cent of white Per cent
children certifi­ of illiter­
cated who were—
ates
among
native
white of
Unable
native
Unable
to
sign
parentage
to sign
their
10 years
their
names
of age
names.
legibly. and over
in 1910.1

North C a r o l i n a . ...........................................
South Carolina...........................................

K0

Virginia.................................................................
Mississippi.....................................................................

7 9
2.5
6.8

1 2 4

4 9

1 Thirteenth Census of ths United States, 1910, voi. 1, Table 21, pp. 1204-1205.

If those unable to write their names legibly are counted illiterate,
the illiteracy among these working children in 1917-18 was greater
in every State except Virginia than the general illiteracy recorded
by the census. To what extent these figures are an accurate measure
of the education, or lack of it, among the white children between 14
and 16 years of age, or among the entire white population, can not
be said. Much more than for a similar group of working children in
the North, they measure the educational provision which the State
and local committees are providing for the children of the State.
The southern industries have relied upon native white labor.
The mill workers have been recruited from the “ poor whites’ ' of the
mountains and the poor tenant or farm-hand class. The children
in the mills are of the same class— either they or their parents came
from the mountains and thè farms. The great majority were born
in the same State in which they went to work.
Thus, of the 9,377 children certificated in North Carolina, 8,569
were born in that State; and of the remainder, 339 came from the
neighboring State of South Carolina and 269 from Virginia. In
South Carolina, of 5,874 children who secured certificates, 4,555
were born in that State, and 708 came from North Carolina and 361
from Georgia.69 Of the total number of children certificated only
24 reported that they were foreign born.
It might be said, therefore, that the responsibility for the educa­
tional neglect which these figures indicate was altogether a local one.
18See Appendix I, Table G , p. 171.

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CER TIFICATES OF AGE.

49

But in recent years the United States has assumed some responsi­
bility for education. That it is now offering these States financial
assistance and expert advice in providing vocational education for
children is indicative of a national policy. The Federal child-labor
law was in itself an expression of a national interest in the future
of all the children of the country. The United States surely can not
afford to ignore the national importance of at least an elementary
education for all the children of the country.
The certification of colored children.—The South has relied primarily
upon white labor for its factories; and Negro children, for the same
reasons which exclude their parents, are employed in factories in
very small numbers. Of the 25,330 applicants for Federal certifi­
cates of age, 2,118 were Negroes; and of the 19,696 to whom certifi­
cates were issued only 1,174 were of that race. These numbers are
so small that a separate classification in the tables given seemed
unnecessary, but some of the facts with reference to even this small
group of colored children are of interest.
In general, documentary proof of age was much more difficult to
secure for the colored than for the white children;70 68 per cent of the
former, as compared with 75.8 per-cent of the latter, presented
what might be called acceptable documentary evidence of age. The
proportion of birth certificates presented for the colored children was
1.2 per cent, as compared with only 0.7 per cent among the white; but
as the number of colored children presenting documentary evidence
of any kind, and especially birth certificates, was so small, this prob­
ably has no special significance. For example, in Georgia 8.3 per
cent of the colored children certificated gave birth certificates as evi­
dence of age; but only 60 colored children were certificated in that
State, and most of the records of birth registration secured were for
children born in Atlanta.
Among the white children, Bible records were the most common
evidence presented; among the colored children, insurance policies.
In each State the proportion of colored children for whom certifi­
cates of physical age were accepted as proof of age was larger than
the proportion of white children. Except in Virginia, where the
proportion is about even, the percentage of white children refused
on certificates of physical age was greater in every State than that
of the colored children.71 The fact that documentary evidence was
lacking for so many colored children was a matter of special regret,
as the issuing officers felt that the height and weight standards used
in the issuance of certificates of physical age were too low for colored
children, so that a larger proportion of the colored than of the white
70 Appendix I, Table A , p. 165.
v Appendix I, Table B, p. 166.

183106°—21----- 4


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50

FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

children who were certificated m a y have been under 1 4 years of age.
For this group of States, evidence from school records caused the
refusal of certificates to colored and white children in about equal
proportion, although in Virginia and in South Carolina the per cent
was twice as large for the white as for the colored children.
The proportion of colored parents who admitted that their chil­
dren were below the working age was strikingly large. This may
have been due to ignorance on the part of the parents regarding the
age standards of the law, and to the expectation—which was found
to be quite general among white as well as colored people— that the
age requirements were not so high for the colored children.
Industries for whichfirst certificated.72—Approximately nine-tenths
(90.3 per cent) of the white children entered textile mills, whereas
only about one-fourth (25.5 per cent) of the colored children found
occupation in the mills. In Georgia, 78.3 per cent of the colored
children certificated went to work in textile mills—cotton and hosiery
almost exclusively. A few cotton mills in this State have tried the
experiment of using colored labor exclusively; but these mills did
not always secure certificates for the children employed, so the actual
number working was larger than the number certificated.
Over one-half (56.3 per cent) of the colored children certificated
went to work in tobacco factories. In North Carolina, where 787
colored children were certificated, 512 (65.1 per cent) were employed
in tobacco factories; in Virginia, 104 (49.5 per cent) found the same
kind of work. In North Carolina the number of colored boys and
girls employed in this industry was the same; in Virginia the number
of boys was considerably higher than the number of girls.
Except in the tobacco stemmeries, the number of colored boys
employed in tobacco factories was larger than the number of girls,
but of all children certificated the number of girls who entered the
textile mills and tobacco factories was larger than the number of
boys. The colored children also changed jobs less frequently than
did the whole group of children.73
Grade in school and ability to sign name.—The education of the
colored children was somewhat inferior to that of the white children
certificated. Thus, 1.8 per cent of the former as compared with 0.9
per cent of the latter reported they had never been to school at all;
the per cent of colored children who had never been beyond the first
grade was slightly higher than the per cent of white children; and
the per cent of colored children who left school in the second and third
grades was considerably higher. After that the differences in per­
centage were smaller, except for the sixth grade, where the percentage
was higher for the white children. In the highest grades there was
52Appendix I, Table F, pp. 169-170.
28 Appendix I, Table C, p. 167.


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51

CER TIFICATES OF AGE.

very little difference. For example, the per cent of eolored children
who were in the eighth grade when they left school was 2.2 as com­
pared with 2.7 per cent of the white children.
T a b l e V I .— Number and per cent o f colored children fo r whom Federal certificates o f age

Fourth grade.

Fifth grade.

Sixth grade.

Seventh grade.

Eighth grade.

Ninth and high­
er grades.

21
1.8

109
9.3

165
14.1

226
19.3

249
21.2

176
15.0

106
9.0

65
5.5

26
2.2

14
1.2

17
1.4

11
1.4

70
8.9

114
14.5

139
17.7

168
21.3

119
15.1

72
9.1

50
6.4

20
2.5

12
1.5

12
1.5

3
2.6

8
6.9

20
17.2

30
26.9

24
20.7

20
17.2

8
6.9

1
.9

1.7

2
3.3

8
13.3

11
18.3

12
20.0

ii
18.3

9
15.0

6
10.0

5
2.4

23
11.0

19
9.0

45
21.4

46
21.9

28
13.3

20
9.5

14
6.7

4
1.9

North Carolina:
N um ber.........................
787
Per cent.......................... 100.0
South Carolina:
Number..........................
116
Per cent.......................... 100.0
Georgia:
Number.........................
60
Per cent......................... 100.0
Virginia:
N um ber.........................
210
Per cent.......................... 100.0
Mississippi:
Num ber.........................
1
Per cent.......................... 100.0

N ot reported.

Second grade.

1,174
100.0

I Third grade.

First grade.

Total:
N um ber.............
Per cent..............

Never attended
school.

State.

Total children.

were issued, September 1 ,1 9 1 7 , to June 3, 1918, who had last attended grade specified,
by State.

1.7
2
1.0

4
L9

1
100.0

There were some State differences on ¿hese points. In South
Carolina, the proportion of white children who did not go beyond the
first grade was greater than the proportion of the colored thus handi­
capped. But in every other respect the educational showing of
the Negro children in South Carolina was inferior to the white. In
Georgia no colored children were reported beyond the sixth grade.
In Virginia a larger number of colored children came from the fourth
than from any other grade, while of the white children a larger
number came from the sixth. In both South Carolina and Georgia
the number of colored children certificated was so small that con­
clusions drawn from them probably have little significance.
It has already been pointed out that the children’s statement of
the grade last attended was not a reliable test of their education or
lack of it. This was probably especially true of the colored children,
as their schools were often inferior to those provided for the white
children. Their ability to sign their names on the certificates is
for* them, as for the white children, a much more accurate test.
As Table VII shows, only 61.2 per cent of the colored children
certificated could sign their names legibly, and 14.6 per cent were
unable to sign their names at all.


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52

FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

T a b l e V I I ,— Number and per cent o f colored children fo r whom Federal certificates o f age

were issued September 1, 1917, to June 3 ,1 9 1 8 , with specified ability to sign their names,
by State o f issuance and sex o f child.

Total children.
State of issuance
and sex of child.

N um ­
ber.

Per
cent.

Signatures
legible.
N um ­
ber.

Per
cent.

Signatures
illegible.
N um ­
ber.

Per
cent.

Unable to sign
their names.

N ot asked to
sign.

N um ­
ber.

N um ­
ber.

Per
cent.

Per
cent.

A ll States.........
Boys..........
Giris...........

1,174
715
459

100.0
100.0
100.0

718
417
301

61.2
58.3
65.6

276
167
109

23.5
23.4
23.7

171
126
45

14.6
17.6
9.8

9
5
4

0.8
.7
.9

North Carolina..........
Boys......................
Girls.......................

787
434
353
116
79
37
60
31
29
210
170
40
1
1

100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0
100.0

462
233
229
64
45
19
37
21
16
154
117
37
1
1

58.7
53.7
64.9
55.2
57.0
51.4
61.7
67.7
55.2
73.3
68.8
92.5
100.0
100.0

218
123
95
21
12
9
9
5
4
28
27
1

27.7
28.3
26.9
18.1
15.1
24.3
15.0
16.1
13.8
13.3
15.9
2.5

100
73
27
31
22
9
12
5
7
28
26
2

12.7
16.8
7.6
26.7
27.8
24.3
20.0
16.1
24.1
13.3
15.3
5.0

7
5
2

.9
1.2
.6

Girls ..................
Georgia.........................
Girls......................

2

3.3

2

6.9

Among the white children certificated, 9.4 per cent had to make
a cross on their certificates, and 71.9 per cent could write their
names legibly. Among the white children in every State in which
certificates were issued, the girls made a better showing than the boys
on this test; among the colored children this was true only of North
Carolina and Virginia, but very few colored children were certificated
in the other States.
The only available figures with which the illiteracy of these colored
children can be compared are the general figures given in the census
for 1910. It should be remembered that the children certificated
were working children and that they came from families who give
their children less education than do those of a higher economic level.
The census figures, on the other hand, include adults, among whom
illiteracy is more general than among the children, and rural children
who, among both white and colored, North as well as South, have
inferior school opportunities. Such as they are, the figures given
below show that in North and South Carolina the rate of illiteracy
among the colored children who went into factory work was higher
than the rate among all negroes 10 years of age and over in 1910.
Per cent of negro
children certifi­
cated who were—
States.

Unable
to sign
their
names.

Unable
to sign
their
names
legibly.

12.7
26.7
20.0
13.3

27.7
18.1
15.0
13.3

1 Thirteenth Census of United States, 1910, Vol. I, Table 21, pp. 1204-1205.


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Per cent of
illiterates
among ne­
groes 10 years
of age and
over in 1910.1

31.9
38.7
36.5
30.0

INSPECTIONS UNDER TH E CHILD-LABOR ACT OF 1916.

Inspections under tlie child-labor act began as soon as the law
went into effect, but, owing to a postponement of the civil service
examinations, the full staff of inspectors was not available until
several months later, so that this work was hardly under way before
the law was declared unconstitutional.
RELATION BETWEEN FEDERAL AND STATE INSPECTORS.

The first consideration in planning the inspections was the work
already being done by the various State departments of labor or of fac­
tory inspection in the enforcement of State child-labor laws. The Chil­
dren’s Bureau was convinced that the full value of a national mini­
mum for the protection of children would never be secured except
through a genuine working relationship between Federal and State
officials. The resources of both were inadequate for the task before
them. It was important that needless Federal inspections should
be avoided, and that so far as they were made they should result in a
strengthening of respect for both State and Federal laws—that,
so far as possible, experience and interest should be pooled. With
this in view a conference of State officials was called by the Secretary
of Labor on July 27, 1917, so that the committee composed of the
Secretaries of Labor, Commerce, and the Attorney General might
have the benefit of the advice of State officials before the rules and
regulations were adopted, and the Child-Labor Division, the oppor­
tunity for a more detailed discussion of what were the common
problems of State and Federal officers.
This conference was attended by officials from the District of
Columbia and 28 States, as follows: Alabama, Arkansas, California,
Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Ken­
tucky, Louisiana, Maine, Maryland, Massachusetts, Missouri, New
York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island,
South Carolina, Tennessee, Vermont, Virginia, West Virginia, and
Wisconsin.
The State commissioners and chief factory inspectors who came
from these States voted that they desired to have formal recog­
nition by the Federal Government, and in accordance with their
vote ail State officers charged by statute with the enforcement of a
State child-labor law were commissioned by the Secretary of Labor
to assist in the enforcement of the Federal act. In commissioning
them, attention was called to the fact that inspections would be made
by the Child-Labor Division in any State either upon its own initia53


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54

FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

tive, upon complaints of violations, or upon the request of State
officials.
.
The help given by the State officials in the enforcement of the
Federal act was substantial. It began in some States before the law
went into effect, with an educational campaign to acquaint employers
and parente with the provisions of the act. In a number of States
in which children between 14 and 16 years of age were allowed
under the State law to work more than eight hours a day, State
inspectors checked time records in the course of their regular inspec­
tions to see whether the Federal eight-hour standard was being
violated and called the attention of the employers to the fact that
their products could not be shipped in interstate or foreign commerce
if the Federal standard was not observed.
An inspector of the Child-Labor Division was assigned the special
duty of cooperating with State officials, and joint inspections with
State inspectors were tried out in a number of localities. These
were useful in acquainting Federal and State inspectors with the
methods followed by each and in impressing employers with the
fact that Federal and State officials were working together. It was
felt, however, that if long continued, joint inspections would be
wasteful, as the time of two sets of inspectors was consumed for work
which could be done by one. A regular exchange of information was
probably what each needed from the other, and with this end in view,
arrangements were made by the Child-Labor Division to send to the
State a summary of the findings of its inspectors, as well as all
“ Opinions of General Interest” and ‘ ‘ Announcements of Judgments,”
which were published from time to time.
On the basis of their child-labor legislation the States could be
classified roughly into three groups— (1) a number which had enacted
child-labor laws with standards higher than those of the Federal
law; (2) a much larger number whose age and hour standards were
the same; and (3) a smaller number with lower standards. The
differences in administration were much more difficult to classify.
In some the appropriation given the State factory-inspection depart­
ment was altogether inadequate; in some, conviction of violations
of the law were very difficult to secure because of local prejudice; in
some, a combination of political and economic conditions kept a
department impotent.
The general plan of inspection made was that during the first year
inspections should be largely confined to the most important childemploying industries in those States in which the standards established
by law were below those of the Federal act, or in those States in
which opposition to the State law had prevented its enforcement or
greatly modified it in practice. All inspections were to be confined
to mines, quarries, mills, canneries, workshops, factories, and manu
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IN S P E C T IO N S U N D E R T H E C H IL D -L A B O R A C T .

55

factoring establishments that were sending their products in inter­
state and foreign commerce. It was believed that the first year
would necessarily be merely an exploration of what was, from a
national standpoint, a new field, and any plans made had that end
in view.
INSPECTION O F

MILLS, CANNERIES, W O RK SH O PS, FACTORIES, AND
MANUFACTURING ESTABLISHM ENTS.

The principal child-employing establishments included under the
terms of the Federal act were, according to the latest available census
figures, the textile industries—cotton, knitting, silk, and woolen and
worsted mills—mines; canning and tobacco factories; printing and
publishing establishments; saw and planing mills; boot and shoe,
glass, and furniture factories. Except where local conditions made
it desirable to include some other, the exploration inspections were
confined to these industries.
Before the act was declared unconstitutional inspections had been
made of 689 establishments situated in 24 States and the District of
Columbia, and of 28 mines situated in 4 States.®
Violations of the law were found in 293 of the. 689 mills, factories,
etc., inspected— there were 385 children under 14 years of age found
employed; and 978 children between 14 and 16 years of age were
working more than 8 hours a day, 3 more than 6 days a week, and
116 between 7 p. m. and 6 a. m., in mills, factories, etc., whieh were
regularly shipping in interstate or foreign commerce.
The child-labor law of 1916 had been much discussed at the time
of and subsequent to its passage; in the States with lower standards
much publicity had been given to the provisions of the law through
the certificate-issuing officers; in the States with the same or higher
standards there was general familiarity with the law. A year elapsed
between the passage and the time the act went into effect, so there
was more than time enough for the necessary adjustments to be made.
The act prescribed a less severe penalty for a first than for subsequent
offenses and allowed the judge much latitude in the amount he fixed.
It was assumed to be the duty of the division to recommend to the
Department of Justice for prosecution all those against whom con­
clusive evidence of a violation of the law was secured.
Before the act was declared unconstitutional 8 employers had
pleaded guilty and fines had been imposed as follows : 74 One, $50 ;
3, $100; 1, $150; 2, $160; and 1, $300; 17 cases were pending at
the time the law was declared unconstitutional; 21 others had been
sent to the Department of Justice recommending prosecution. The
a in Tables H and J, Appendix I, the violations found classified b y States are given.
74 One of the eight pleaded guilty the day before the law was declared unconstitutional.
complaint was lodged by the State factory inspector of Oregon


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In two cases

56

FIR ST FEDERAL C H IL D -L A B O R L A W — P ART I .

others were in preparation for transmission by the law officer of the
division or were awaiting some further reports.
As is shown by Table H, in some States only two or three inspec­
tions were made; these were made either in the course of an investi­
gation of the certificating system, or by the inspector in charge of
State relations during a visit to a State official for conference, or on
complaint of violations received. As the entire staff were unac­
quainted with the type of inspections necessary under the Federal
law, especially with the proof of removal and shipment which had
to be secured, a number of inspections were made in the immediate
vicinity of Washington for the purpose of familiarizing inspectors
with report forms before they were sent into the field.
Inspectors were instructed that a thorough investigation of the
ages of the children under 16 or suspected of being under 16 should
be made whether certificates were or were not found on file. This
was felt to be necessary in order to obtain information as to how
carefully certificates were being issued, for the purpose of deciding
whether or not the acceptance of State certificates should be con­
tinued. As these reports came in from different cities and towns
in one State after another the conviction grew that, if State certifi­
cates were to be accepted, an approximately uniform enforcement
of the Federal act would be impossible unless a State administrative
as well as a statutory standard in certificating were secured.
In the States of Alabama, Delaware, Florida, Georgia, Illinois,
Indiana, Iowa, Mississippi, North Carolina, Rhode Island, South
Carolina, Tennessee, Virginia, and West Virginia a sufficient number
of mills, factories, and canneries were visited to make a brief dis­
cussion of the findings of some interest. These inspections were not
made for the purpose of reaching general conclusions with reference
to the individual States, except as those conclusions bore upon
immediate or future plans for securing the enforcement of the
Federal law.
Alabama.

The first of the States mentioned above, Alabama, was designated
as a State in which the certificates issued under the State law should
be accepted for the purposes of the Federal act. It belonged to class
4 in the classification of States given on page 19, that is, it was a
State in which the evidence of age required by the State law did not
meet the standards laid down by the Federal act, but discretion was
lodged in the administrative officers) so that it was hoped it would
be possible to raise the local standards in practice. The Alabama law
required as evidence of age the following, in the order given: Birth
record, passport, baptismal certificate, or such other evidence of age as
would convince the issuing officer that the child was 14 years of age
or over— an affidavit of a parent was given as an example of the last.

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IN S P E C T IO N S U N D E R T H E C H IL D -L A B O R A C T .

\

57

Certificates were issued by the local school authorities; and as birth
records, passports, or baptismal certificates were difficult and often
impossible to procure, the parent’s affidavit had come to be, in prac­
tice, almost exclusively relied upon as a proof of age. But since
under the terms of the law the test was to be whether or not the is­
suing officer was convinced of the age of the child, it was not neces­
sary to resort to a parent’s affidavit in any case.
The age standard of the Alabama law for regulating the employ­
ment of children in factories was the same as the Federal, but the
hours of children between 14 and 16 were not limited to eight. The
State inspector of Alabama, who was appointed by the State board
of health and supervised the inspection of j ails and almshouses as
well as factories for the State, endeavored to bring the Alabama
practice up to the Federal standard. After the Federal rules and
regulations were adopted, new State forms were prepared, and a let­
ter of explanation was sent to the school officers of the State calling
their attention to the Federal requirements and asking them not to
accept the parent’s affidavits but to insist on evidence in the order
required under regulation 2.75 The attention of employers also was
called to the provisions of the Federal law and the importance of
the cooperation of the school superintendents in securing a good
certificating system. The State inspector had, however, no authority
to supervise the work of the school principals or teachers in the is­
suance and no authority to suspend or revoke certificates illegally
issued. He rightly felt that this constituted a serious difficulty in
the enforcement of the State law; and at his request a Federal
inspector was sent to work in the State and spent six weeks in
inspecting factories in 21 cities and towns.
Alabama is a textile State with many cotton mills which employ
children. As in the other southern States, most of the mills of Ala­
bama have built houses for their employees and have usually fur­
nished the school building and grounds for the mill school. Some­
times the county paid the salaries of the principal and teachers, but
frequently the expenses were met in part by the mill owners and in
part from the general educational funds. The mill operatives were
generally regarded as a class by themselves and usually formed a
separate community, whether the mill village was isolated or in a
large city.
Although an energetic effort was made by the State inspector to
secure a uniform system of issuing certificates there was the greatest
diversity. In one Gity no certificates were being issued; and in
Birmingham, a city of approximately 200,000 people, a private
organization was supposed to be doing this work for the superinten­
dent of schools, but at the time of the inspector’s visit practically
n Appendix I I , pp. 177-178.


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no certificates were being issued because the private society had been
without a head. In one town two cotton mill communities were
separated by a river. The principal of the schools on one side of
the river was issuing certificates in accordance with the Federal
regulations; on the other side, where more children were being certi­
ficated, instructions were generally disregarded.
Sometimes in cities where the local issuing officers made every
effort to obtain evidence of age before accepting a physician’s certifi­
cate of physical age, it was found, when the Federal agent went to
the homes of these children, that documentary proof of age was
obtainable which had been refused the school principal. In one mill
center the overseer of the mill had advised the children not to show
their evidence to the principal, and he had great difficulty in issuing
properly in consequence. In this case the principal of the school
reported that he had been threatened with dismissal by the board of
education, which was composed of mill officials, if he refused to issue
certificates as the board directed.
The physician’s certificate of physical age as used in Alabama was
an unsuccessful proof of age. In two towns, when the employers
learned the height and weight standards required for a certificate of
physical age, a physician was sent to the school to weigh and measure
about 50 children. He filled out certificates of physical age for them
regardless of whether they had applied for work or had any intention
of leaving school. Some of the children were not yet 14 years of age,
according to their school records. In theory, the issuing officer was
supposed to keep their cards, and as soon as their birthdays came
around, the child was given an employment certificate on the physi­
cal examination previously given. In another city the doctor who
issued the certificate of physical age was an employee of the mill and
issued the certificates to children without even weighing them him­
self, but accepting instead the child’s word as to its weight.
While in these and a few other instances there was an obvious
lack of freedom on the part of the officials connected with the school
and public-health service and a desire on the part of the mill man­
agement to compel illegal issuance of the certificates, this was not
usually the case; some principals of the mill schools were observing
the State law and the Federal regulations more carefully than were
the principals of the town schools.
The compulsory-education law of Alabama required the attendance
at school of all children between 8 and 15 years of age for 80 days,76
and the State child-labor law required the child’ s attendance at
school for 60 days during the year immediately preceding the date
on which a certificate is issued.
K The county superintendent could reduce this to 60 days.


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The school officers as a general rule were careful about requiring
the proper number of days’ attendance before a certificate was
issued to a child. In some of the cities and villages the parents knew
just how many days the 14-year-old child must still go to school
before he could be put in the mill. Sometimes the mill officials
hampered the issuing officer by insisting upon certificates for children
who had not been in school the required time; and in one or two cases
the mill people had lists in their offices of all 14-year-old children in the
school, with the dates when their compulsory schooling would end,
so they could send for a child as soon as the law had been complied
with.
Certificates were on file for 561 of the 609 children under 16 years
of age found at work during the Alabama inspections; 48 children
were found employed without any certificates, and it was necessary to
revoke certificates for 49 children because they had been illegally
issued.
In connection with this investigation of the certificating system, 52
establishments were inspected in the 21 towns visited. These included
29 cotton mills, 11 hosiery milLs, 2 cordage and twine mills, 1 silk mill,
2 overall factories, 1 embroidery factory, 1 paper factory, 1 window
and door-screen factory, 1 foundry and machine shop, 1 lumber mill,
and 2 bakeries.
Of the 609 children under 16 years of age found employed in mills
and factories 14 were under 14 years of age, and 595 were between
the ages of 14 and 16. Of the 14 children employed in violation of
Federal and State standards, 10 were found in 7 textile mills,77 1 in
a hosiery mill, 1 in a bakery, and 2 in a window and door-screen
factory. In some cases these under-age children were working on
employment certificates which were incorrectly issued.
There were 29 hour violations in 14 factories. In 13 of these,
children under 16 were employed more than eight hours a day, and one
child was employed after 7 o’clock in the evening. AD these chil­
dren had said they were 16 years of age, but the employers had made
little effort to establish the truth of the children’s statements.
No opinions had been rendered as to whether the Federal childlabor law covered home work, but inspectors were asked to report
evidence of home work which came to their attention in the course
of their factory inspections. In Alabama home work was generally
found in towns in which knitting mills were located—little children
were assisting their mothers by turning or mending the stockings or
socks. In one of the homes in which the mother was found doing
home work a child was sick with measles and in another with mumps.
77This includes 1 violation in an overall factory.


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Delaware.
Delaware belonged to the group of States whose State child-labor
standards were below those of the Federal act. It permitted chil­
dren 12 years of age and over to work in canneries, boys of 12 to work
on “ provisional” certificates when not required by law to attend
school; and in cases of poverty the chairman of the labor commis­
sion could give special permits to work to children who were unable
to get either general or provisional certificates. The hours of em­
ployment for children under 16 were limited under the State law to
10 hours per day and 54 hours a week and 6 days a week. Night
work was prohibited between 7 p. m. and 6 a. m.
An inspector of the Child-Labor Division was sent to Delaware
in May, 1918. Prior to June 3, when the law was declared uncon­
stitutional, 19 establishments had been inspected. These included
6 basket factories, 3 knitting mills, 2 woolen and worsted mills, 1
silk and 1 jute factory, 2 bleacheries, 1 cigar factory, 1 rubber belting
and hose factory, and 2 canning factories. No violations were found
in any of the, textile factories except 1 bleachery, where 10 children
between 14 and 16 years of age were found working more than 8
hours a day. Violations were found in each of the 6 basket factories.
In 1 of these one 10-year-old child, two children 11, and five children 12
years of age were found at work. In 1 of the canneries, a strawberry­
packing plant, 4 children 11 years of age, 14 children 12 years of age,
and 9 children 13 years of age were found hulling or “ capping”
berries. The youngest child, who was 7 years of age, was helping
his mother make bottoms for berry baskets.
The children found employed in Delaware were not only very
young but also their hours of work were often long. The basket
factories and canneries inspected kept no time records. In both the
hours were irregular, as the children were usually pieceworkers and
were given much freedom as to the hours at which they began and
stopped work. Many of the children worked the full time the estab­
lishments were in operation, from 6 or 7 in the morning until 5 or 6
in the evening. In the 6 basket factories 21 children under 14 years
of age and 29 under 16 were working more than 8 hours a day.
Of the 236 children under 16 found employed in the course of the
inspections there were no certificates or work permits on file for 78
children, whose age, therefore, had not been legally established before
they went to work. In addition, in the case of 30 of these children
who were employed in factories, the doctor’s examination to deter­
mine physical fitness and proof of completion of the fifth grade in
school required under the State law had been evaded. Although
the law provided a legal possibility of escaping these requirements
through the provisional certificates, or special permits issued on the
ground of poverty, no certificate or permit of any sort had been

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obtained by these children. While the inspections made indicated
that the certificating law was being followed in Wilmington, in the
smaller towns visited it was being generally disregarded, so that,
as in many States, there was a State-wide certificating standard in
law but not in administration.
Florida.
During the winter of 1917-18, 14 shrimp, oyster, and fish can­
neries were inspected in Florida. Of these, 11 were in Apalachicola,
2 were in Nassau County, north of Jacksonville, and 1 was in Pen­
sacola. These inspections are difficult to make because the season is
of uncertain length, and the daily operations ’ of the canneries are
dependent upon whether the fishing boats come in and the size of
the catch. There may be no work for several days, and then next
day long hours, beginning before dawn. Like vegetable and fruit
canneries, they are often situated at a distance from the towns, so
the approach of an inspector may easily be reported. Seven of the
canneries inspected were found violating the Federal law—4 of the
7 were employing children under 14 years of age, and 5 were em­
ploying children more than 8 hours a day, and all were shipping
their products in interstate commerce.
Reports received from several sources indicated that the employ­
ment of children was much more general than these numbers indicate.
A few of the superintendents said they were not employing children
but merely allowed them to come with their mothers because there
was no place else for them to go. The testimony of most of the
superintendents was to the contrary. One superintendent said quite
frankly that they “ worked.^them, any old age,” and “ adults and
children look alike to us.” Another asked the Federal inspector’s
permission to put the children back to work, because he had a lot
of shrimp on hand that would spoil if the children did not help him
out. Still another canner said he considered his cannery public
property; anyone could come and work who wanted to. When
asked if he hired the children whom the inspector found at work, he
said: “ No, I neither hire nor fire anyone.” He said he did not know,
and, furthermore, did not care, who peeled the cups full of shrimp
that were brought to the checker for pay— that his only interest was
to get the shrimp peeled.
In the oyster canneries very young children are used to shuck
the oysters and in the shrimp canneries to peel the shrimp. In 3
of those inspected the ages of the children under 14 who were found
at work were as follows: Three were 13, 4 were 12, 7 were 11, 3 were
10, 5 were 9, 2 were 8, and 1 was 7 years of age.
The hours in the canneries were irregular, depending upon the
supply of shrimps and oysters; some days were short and others
excessively long. Occasionally the work day began at 5 a. m., but

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oftener at 7 a. m., and ended any time from 4 to 6 p. m. A work
day of 10 and 11 hours was not unusual when weather was propitious
for shrimp fishing. It was evident that in few of the establishments
had the 8-hour day been adhered to as a standard.
The Florida law provided that employment certificates were to be
issued by local school authorities. In order to obtain an employ­
ment certificate, it was necessary that a child present as evidence
of age a passport, a duly attested transcript of birth, or a bap­
tismal or other religious record. In the absence of such birth
certificate, the parent or guardian could make affidavit before the
issuing officer as to .the child’s age. The child was also required to
present a school record which would contain a statement certifying
that he had attended school regularly for not less than 60 days
during the previous school year, was able to read and write simple
English sentences, and had had instruction in spelling, reading,
writing, geography, and arithmetic up to and including fractions.
In the course of the investigation of the ages of the children found
at work, evidence was secured which showed that the certificates
were carelessly issued. One superintendent explained that he had
issued some certificates to children nearly 14 to work in factories
which were badly in need of help, as he thought there would be no
harm in it. He had not required any evidence of age from the
applicants. As an excuse for this violation of the State law, he said
he was opposed to it because it “ tends to make legalized criminals
of working people, and children should have a chance, as they are
the best workers in the shrimp business.”
The evidence usually accepted was the affidavit of the parent.
No duplicates of certificates issued were kept, nor were the numbers
issued recorded. The canners generally did not understand that the
State law required them to keep certificates on file. It was not sur­
prising, therefore, that no effort had been made to secure certificates
for 45 out of 69 children under 16 found employed.
Georgia.
Georgia child-labor standards were below those of the Federal act;
but as Federal certificates of age were issued in the State, employers
were thoroughly familiar with the provisions of the law. Prior to
June 3, 1918, while the Federal child-labor law was effective, 38
inspections were made in 15 cities and towns of Georgia. Twentynine of these inspections were made in textile mills, manufacturing
cotton, woolen, and knit goods, and cordage; 4 were engaged in the
manufacture of confectionery; 2 in clothing; and 1 each in wooden
boxes, furniture, and tinware. Factories that the issuing officers
of the Child-Labor Division had reason to believe were violating the
law were inspected as a matter of course, but others were visited
against which no complaints had been made.

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In the course of the inspections of these 38 factories, 24 children
under 14 years of age were found employed in violation of both the Fed­
eral and the State age standards. Of this number, 21'were found at work
in cotton and knitting mills, 2 in the manufacture of confectionery,
and 1 in a furniture factory. In the textile mills, children were em­
ployed in spinning, doffing, quilling, spooling, sweeping, inspecting,
drawing, winding, weaving, looping, etc. In the manufacture of
confectionery, children were machine dipping and were employed
at odd jobs in the stick-candy room and cracker department. In
the manufacture of clothing, they were employed as folders, trimmers,
and pocket hands; and as laborers in the manufacture of tin cans.
Not infrequently the names of children under 14 who were found
at work did not appear on pay rolls or on time records. In snob
cases they were assisting some older member of the family, who re­
ceived the pay for the services of both.
In 17 factories, 99 children under 16 years of age were working
more than 8 hours a day, some of them 10 and 11 hours; in 5 facto­
ries, 16 such children were working at night or, more exactly, be­
tween 7 p .m . and 6 a. m. Altogether there were 115 violations of the
Federal hour standards found in the course of the inspections made
in Georgia. Certificates were generally required by Georgia fac­
tories for all the children they employed. Factories which did not
desire Federal certificates were inspected because it was believed that
all those really endeavoring to live up to the law would desire certif­
icates. In the factories inspected no certificates were on file for
more than half the children under 16 years of age who were found
at work. In some cases the superintendents believed the children
were over 16 years of age; and a few had really thought that they
were themselves securing proof of age, hence Federal certificates
were unnecessary. Following the inspections and a demonstration
of the errors that were being made and the consequences of indiffer­
ence to errors, Federal certificates were desired.
Illinois.
A new State child-labor law became effective in Illinois July 1,
1917, which required completion of the fifth grade in school and
an examination to establish physical fitness for the work contem­
plated and made equally important changes in the work permit
system. Under the old law permits had been issued by superinten­
dents or principals of both private and public schools, and the evi­
dence required as proof of age was (1) the last school Census, (2) the
certificate of birth or baptism, (3) the record of public or parochial
schools, or (4) certificate of age from juvenile or county court, based
upon oath of parent. In practice the school records had been quite
generally relied upon. The law enacted in 1917 required substan­
tially the same evidence of age as regulation 2 of the Federal regu
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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

lations.78 A new certificate was required with each change of job,
and new forms were required also, so that a rather complete revolu­
tion in the methods of issuing was effected by the new law. The
State factory inspector and the director of the Child-Labor Division
were of the opinion that, as certificates issued under the old law did
not meet the requirements of the Federal regulations, employers
whose products were destined for interstate or foreign commerce
must procure new certificates for children in their employ if they
desired to avail themselves of the protection afforded by certificates
under section 5 of the Federal act. A quite general reissuance of
certificates was therefore necessary; and as some children who had
been working for more than a year were unable to qualify under the
new law because of the higher educational requirements, in conse­
quence there was some confusion.
The State department of factory inspection endeavored to have a
uniform interpretation of the law adopted by the various school
superintendents who were authorized under the law to issue certif­
icates. The Child-Labor Division was much interested in having
certain minimum administrative standards adhered to in the
certificating, and so, at the request of the chief factory inspector
and the Child-Labor Committee of the Illinois Council of Defense,
some inspections were made to test out the effectiveness of the certif­
icating system. In all, 32 factories were inspected in 12 cities and
towns.
In the course of the inspections only 314 children between 14 and
16 years of age were found employed in confectionery, cordage,
clothing, tent, watch, glass, tobacco, and ammunition factories, and
in the manufacture of iron, steel, brass, and tin products. No
children under 14 were found at work, but 4 under 16 years of age
were found working on the night shift in 2 glass-furnace rooms, 1
was working 7 days a week, and 11 were employed more than 8
hours a day. These violations of the hour standards of both Federal
and State law were confined to 6 factories.
Observance of the new certificating law was not so general. No
certificates were on file for 23 children found at work, and 60 were so
defective that they were suspended by the inspector. The inspector
found that where the superintendent of schools assumed immediate
supervision of the certificating the law was usually followed, but
that when this work was delegated without supervision to stenog­
raphers— as it was in four of the cities visited— the work was most
unsatisfactorily done.
. »• The evidence of age required under the Illinois law of 1917 was (1) transcript of birth certificate; (2)
baptismal certificate; (3) passport; (4) certificate of arrival, a Bible record, confirmation certificate, or
insurance policy; (5) school record of two years’ standing; (6) certificate of physical age from two physi­
cians, one of whom m ust be connected with the public-health service or the public schools.


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There was much difference in the evidence accepted as proof of
age in the different localities visited. In two cities the superin­
tendents were continuing to issue on the school record of age only
and were not trying to secure the evidence required by the new law.
In another, school records of age were generally used, but a few physi­
cians’ statements of age had been filed. Another city accepted
school records of age without any corroborative evidence for onethird of the certificates issued; and in another the superintendent
had accepted many parents’ affidavits of children’s ages when birth
records were not easily accessible. In only-five of the cities visited
were the school officials securing the evidence of age in the order of
preference indicated in the law of 1917. In these cities a very large
percentage of the certificates were issued with birth and baptismal
certificates as the evidence of age. In each city the requirements
of the law and the importance of very carefully observing it was
called to the attention of the superintendent by the inspector, and a
report of the findings was sent to the State factory inspector and to
the child-labor committee of the Illinois Council of Defense.
Illinois now is one of many States which have good certificate laws,
except that in Illinois there is an absence of State supervision or con­
trol, so that the law is unevenly enforced. While the State factory
inspector has endeavored to bring about some uniformity, he is
without authority over the superintendent and principals. Follow­
ing the inspections by the Child-Labor Division, the child-labor com­
mittee of the Illinois Council of Defense sent officers to the most
important industrial communities of the State in order to promote
general uniformity in the interpretation of the certificate law, and
more especially to interest them in providing for careful examination
of the physical fitness of each child to do the work contemplated and
for the correction of physical defects discovered.
Indiana.
The Indiana child-labor law was in many respects below the
Federal standard. It prohibited the employment of children under
14 in any gainful occupation (except that children from 12 to 14
were permitted to work in canneries between June 1 and Oct. 1),
and of children between 14 and 16 at night work. It permitted a
9-hour day and a 54-hour week if the child’s parent gave his written
consent.
During the winter of 1917-18, 59 factories in 12 cities and towns
in Indiana were inspected. The factories visited were representa­
tive of the most important child-employing industries, including the
manufacture of food products, cotton, knit goods, clothing and
furnishings, iron, steel, and foundry products, boxes, furniture,
leather goods, printing, glass, and other miscellaneous articles.
183106°—21----- 5

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In the factories inspected, 967 children between 14 and 16 years of
ago were found employed, also 4 children under 14 years— one each in
4 different factories.
The violations of the hour standards, both Federal and State,
were much more numerous. Twenty-nine establishments, or about
one-half of those inspected, were disregarding the eight-hour day and
3 the night-work restrictions. In the very few glass houses visited,
8 children under 16 were employed on the night shift. Altogether,
152 children were found to be working over eight hours a day. This
means that 15 per cent*of all the minors found were working over­
time, and in at least one-fourth of these cases the violations were
flagrant.
The Indiana law was particularly weak in its provisions with
reference to the certificates or work permits. The school authori­
ties were directed by the State law to accept as proof of age in the
issuance of work permits the affidavit of the parent or guardian if a
birth or baptismal certificate, a passport or a school enumeration,
could not be secured. The Federal regulations did not permit the
acceptance of either a school census record or a parent’s affidavit
unsupported by other evidence. After much discussion, Indiana
had been designated as a State in which certificates issued under
State authority would be accepted for the purposes of the Federal
act, in the hope that in administrative practice it could be
brought up to standard.
In the 59 factories inspected, 166 children who were under 16
years of age and for whom certificates were required under the
State law were working without certificates. The inspector found
that 24 of the certificates on file had been so illegally issued that their
acceptance for the purposes of the Federal act had to be revoked.
In the towns visited the issuing officers were usually from the
school attendance departments, although in a few the work was done
in the school superintendent’s office either by himself or his clerk.
The school census was usually relied upon in every city except Indi­
anapolis, where after September 1 , 1917, the requirements of regula­
tion 2 of the Federal rules and regulations were foEowed in issuing
permits for children who were entering industries doing an inter­
state business. In general, although birth or baptismal certificates
were available for a large number of children, no effort was made to
secure them. In one city the superintendent of schools was issuing
the certificates upon the application of the employer, without inter­
viewing the child or his parents. Little attention had been given to
the subject of record keeping, so that except in Indianapolis it was
impossible to secure a complete record of the applicants considered
or the number of certificates issued and refused.


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Lack of uniformity in the issuance of certificates during the summer
vacation was said to be more serious. In several places the school
offices were closed and no certificates could be secured; but in one
of those visited regular and vacation certificates had been issued and
numbered in a separate series. In one city the issuing officer had
interpreted the law to mean that during school vacation children
under 14 years of age could secure permits.
Following this investigation, conferences were held by. the inspector
of the Child-Labor Division with local officers, with the officers of the
State department of education, and with the State industrial board.
All realized the difficulties and weaknesses of the Indiana law. They
offered their help in trying to bring the issuing of certificates up to
standard at all times, and in making special arrangements for issuance
during the vacation period. Employers also were interested in an
improvement of the system, as they found the suspensions of certifi­
cates that had been irregularly issued for children in their employ
inconvenient, and they did not want to assume the risk involved in
employing children without certificates during the summer. People
were generally agreed that there was no reason why Indiana should
not have as careful and thorough a system in releasing its children
from school as any State had.
Although the attorney general of Indiana had given an opinion
that “ a child of any age may work after school, Saturday, and
vacation, without a certificate/’ after a conference with several
State officials and with the representatives of the Children’s Bureau,
he paved the way for providing for the summer season by ruling
that ''there is nothing in the law to prohibit vacation certificates
even if it does not require them,” and the State superintendent
of public instruction notified all school boards and superintendents
to continue issuing certificates during the summer of 1918. Arrange­
ments with the State and local officers had not been completed when
the law was declared unconstitutional, and in consequence the
question of the redesignation of Indiana was still pending.
Iowa.
In Iowa 7 cities in the Mississippi Valley were visited and 21
factories inspected. Only 126 children between 14 and 16 years
of age were employed in these factories; there were no children
under 14, but 3 factories were violating the 8-hour provision of the
law. In 1, a button factory, 6 children were working 9 hours for
3 days of the week, but shorter hours the other days, so that they
were averaging the required 48 hours a week; this employer had
thought if he kept within the 48-hour-week restriction he was
observing the law.
In another establishment the office boy was working 9 hours a day;
and in another a boy for whom there was a defective certificate filed,

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showing him to be 16 when he was only 15, was working in the
shipping department 10 hours a day.
Although there were permits on file for all except 4 of the 126
children under 16 years of age found at work, the issuing of work
permits was not uniformly well done in the 7 cities visited. Proof
of completion of the sixth grade in school or its equivalent was
carefully insisted upon, but the physical examinations were often
quite perfunctory and the proof of age accepted did not in general
meet the requirements of the State law. This provided that evidence
should be preferred in the following order: (1) Birth certificate;
(2) passport or baptismal certificate; (3) school census record;
and (4) physician's certificate of physical age. For most of the
children the school census record was accepted, although other proof
of age preferred under the law was available; occasionally a parent’s
affidavit was accepted, although this was entirely without legal
warrant.
The forms used in connection with the certificating were supplied
by the State superintendent of public instruction, and in connec­
tion with this duty he could if he desired do much to bring about
uniform practices. . Monthly reports of the certificates issued are
sent to the commissioner of labor. In the course of the inspections
made by his department a careful check of these lists is made with
the children found at work and an effort has been made to impress
the schools with the importance of their work in the issuing of
certificates.
Opinion in Iowa seemed very generally to support a 16-year
age limit for employment in factories. The number under that age
employed, though small, was reported larger than usual because of
the labor shortage and general economic conditions growing out
of the war. Iowa is an agricultural rather than a manufacturing
State. The last census of selected occupations 79 showed 16,049
boys and 627 girls under 16 years of age employed in agricultural
pursuits, and only 1,161 boys and 440 girls employed in manu­
facturing. As in other States, the State child-labor law of Iowa
did not prohibit the employment of children under 14 at farm
work, and the period of compulsory attendance at school required
under the State law was only six months, so that for six months of
the year children might be employed on farms without age or hour
limitations.
Mississippi.

Mississippi was one of the States in which Federal certificates of
age were issued. It is not an important State industrially, but there
are a few textile mills and some important shrimp and oyster can­
neries. The textile manufacturers, though opposed to the law,
w Thirteenth Census o. tne United States, 1910, Vol. IV, Table V II, pp. 459-460.


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showed every disposition to obey it until it was held unconstitutional.
Most of the canners, on the other hand, showed that they had every
intention of violating the law. Federal certificates were issued to
an employer only on promise of employment, and their return was
required if the child left his employ. The canners represented that
the employment of both adults and children was altogether casual,
that they worked in one cannery one day and in another the next,
as a delivery of fish provided an opportunity. Special arrangements
were therefore made that the certificates issued to children in Biloxi
and Gulfport, where the principal fish canneries were, could be filed
in the school. The children were to be given the usual identification
cards, and if all the children in the employ of a canner held these
identification cards, the canner was to be regarded as having procured
certificates within the meaning of section 5 of the Federal child-labor
act. But employers did not as a rule require identification cards, and
very few children applied for certificates.
During the time the child-labor law was in operation, 21 inspections
were made in Mississippi— 17 in canneries and 4 in textile mills.
In the textile mills no children under 14 years of age were employed,
and only 1 under 16 was employed more than eight hours a day.
While all the canneries visited packed both shrimp and oysters, they
were largely engaged in packing steamed oysters when the inspections
were made in April and May of 1918. The difficulties usual in the
inspection of canneries were experienced in Mississippi. The irregu­
larity of the work and the concentration of the factories in two or
three places, and preparation on the part of many employers to evade
the law, made it difficult to secure evidence of the large numbers of
very young children who were, in fact, being employed.
Crude attempts were made to prevent inspectors from interviewing
the children or discovering them at work. In one instance, for
example, the inspector was delayed to present his credentials while
someone sent the children out. Nevertheless, 10 very young children
were intercepted as they were leaving. Their soiled clothing, their
hands, red and swollen from the &team_oiid-e«tffiy the oyster shells
and the shucking knives, made it impossible to deny that at least
these 10 had been at work.
In the 15 inspections made of canneries, 152 children under 16
years of age were found at work. In 8 of these inspections, 30
children were found under 14 years of age— 1 was only 5 years old,
another 7, another 8, 2 were 9, 2 were 10, 4 were eleven, 7 were, only
12, and 12 were 13 years of age.
In but few canneries inspected were time records of any sort kept.
The work often began at 4 or 5 in the morning, and if the supply of
oysters or shrimp held out it lasted all day If the catch of fish was
small, the work might last only a few hours. The children worked

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on a piece-rate basis. Sometimes they were paid individually and
sometimes what they earned was reckoned with their parents'
earnings. Only two violations of the eight-hour law were established
by the inspector, but 31 children under 16 years of age were found
employed between 7 p. m. and 6 a. m.
In Mississippi, as in Florida and Maryland, some of the canners
admitted that they employed children and said they always would
do it if it was necessary to save the oysters. Others made familiar
excuses— they did not employ or pay the children and were not
responsible for their being there; the parents insisted on the children
being allowed to work, etc. The local labor supply in the cannery
district of Mississippi was usually augmented by groups of family
workers brought down from Maryland. They were frequently foreign
born and had sometimes worked in the fruit and vegetable canneries
of Maryland before being brought south by “ row bosses.” 80 These
families were often quite without any permanent home, so that no
community felt really responsible for the education or physical care
of the children.
In general, the canneries are small and quite unstandardized from
a production and general business standpoint. Conforming to factory
standards seems peculiarly difficult to them, and by exemptions in
State laws they have been encouraged to take the attitude that the
canning of perishable food is more important than the protection of
children.
North Carolina.
The standards with reference to child labor were much lower in
North Carolina than in the surrounding States, and opposition on the
part of the manufacturers to the enactment of the Federal law was
more general. It was therefore to be expected that in this State
children would form a larger proportion of the total number of em­
ployees than in others. Complete figures as to the number employed
are not available, but a very much larger number of certificates was
issued here than in South Carolina.81
Because of the injunction granted in August, 1917, in the western
district of North Carolina, restraining the United States attorney
from enforcing the child-labor act on the ground of its unconstitution­
ality, it was the policy of the Child-Labor Division to make no
inspections in that district.82 In all, 109 mills and factories were
inspected in the State prior to June 3, when the act was declared un­
constitutional— 4 fish canneries, 31 cotton mills, 32 hosiery and
knitting mills, 4 silk mills, 27 tobacco stemmeries, 3 chewing and
a The “ row boss ” was a man appointed by the canner to engage workers. He was usually paid a certain
amount for every person brought to the cannery and was on duty during the working hours to see that
his people kept at work and accomplished the tasks laid out for them.
11See Appendix I, Table A , p. 165.
“ Through an error one inspection was made.


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smoking tobacco factories, 2 buggy factories, 1 cigar factory, 1 box
factory, 1 bag factory, 1 establishment manufacturing confectionery
produets, 1 manufacturing flour-mill products, and 1 lumber factory.
There were 95 children under 14 years of age found at work; and 144
children between 14 and 16 years of age were working more than
eight hours a day, 1 more than six days a week, and 18 between
7 p. m. and 6 a. m. Eight of these children who were working at
mght were employed in hosiery mills and 10 in tobacco stemmeries.
The canneries inspected were chiefly oyster canneries, where
co ored children were used to shuck the oysters. Some of the
children were very young— one 7-year-old child stood on a box to
reach the oysters but shucked quite steadily into her mother's pot.
She worked only on Saturdays and after school. In another can­
nery the manager said that local children were not employed because
school was in session, but that children under 14 came a 40-minute
trip by boat down the Sound to work in this eannery because they
were unable to get a teacher in their town. Until these canneries
were visited by the issuing officer and an inspector of the ChildEabor Division, no attention had been paid by the management as
to who did the work; anyone who came was allowed to shuck and
was paid on a piece-rate basis. The plants often operated a 10-hour
day, but work was quite irregular.
There were only 12 children under 14 employed in 7 of the cotton
mills inspected; in 9 mills 4183 children under 16 years of age worked
more than S hours-a day. Violations of the standards were much
more frequent in the hosiery or knitting mills, In 7 of these mills,
48 children under 14 years of age were employed, and there were
60 violations of the hour standards. Three mills, 2 of them owned
by the same company, were largely responsible for this showing.
These were near the boundary of the western district and were
quite willing to take their chances that the law would be declared
uncons ti tutional.
Some home work on which quite young children were employed
was found in the course of the inspections—for example, “ stringing"
tobacco sacks for one of the large tobacco companies. One hosiery
mill inspected had tried the experiment of putting knitting machines
mto some of the homes when the Federal law became operative on
September 1. The statement of two of the women in whose homes
knitting machines had been placed are quoted, as they give not
only the ages of the children but also something of the general
social conditions. The first said in answer to the inspector's ques­
tions:
The ber. Mr. -

people put four knitting machines in our house the first week in Septembrought y a m each morning and collected the socks the boys had

83Eighteen of these were in the one factory in the western district which was inspected.


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72

knitted since his last visit.

I have three boys who worked on the machines.

A

will be 15 the 15th of February n ext, B ----------- was 12 on November 8, and C— — - will
be l l next March. Their father used to get them up at 5 in the morning, and if they
hadn’ t finished their task in the day they often had to work at night.
liked it a lot better if they hadn’t had to work such long hours.

T h ey’ d ’a’

E xcep t for half an

hour out for each meal they worked right along from 5 or 6 or 7 in the morning until
7 at night or later, unless the machines got out of order, which they did a good deal.
The needles used to break right often.

The m ill men said it was because we didn’t

keep the room warmer— we didn’t have enough coal to heat it much.

W hen they

took the machines out, just lately, they said that was the reason— the trouble with the
needles breaking.

The boys have gone back to school now, but I don’t know how

w e’re goin’ to keep them there, it’s so hard to get along w ith only m y husband work­
ing, and he only getting $2.25 a day down at the wagon factory.
room where they dip wheels.
first.

H e works in the paint

H e ’s been there three months; got only $1.50 a d a y a t

B u t those machines were awful worrisome things to have around.

W e ’re

thinkin’ about moving back to the farm down near -----------; if we could get a start
there the boys could help a lot with the work.

Another woman said:
M y daughter recently married a man
me here.
school.

*

*

*

and left the three stepchildren with

A -----------works at the m ill, B ------------ will be 11 next October and goes to
C----------- , who will be 13 next M ay 5, used to work in the m ill as knitter until

about September 5, when she was turned off.

Soon after, about the 10th, the mill

people put in these three machines for C-----------to run.
and wants to go back to school.

She doesn’t like the work

Two of the school-teachers have been around lately

trying to get her to go back to school.

I don’t know how we 11 get along without her

help, though, with her earning $9.50 every two weeks.

The mill which installed the machines and furnished the home
work in these two instances later transferred their knitting machines
back to the mill. The managers said they had found it unsatis­
factory, and until the question of whether the employment of chil­
dren on home work in this way would affect their right to ship the
product in interstate commerce had been settled they did not think
it worth while to risk doing it.
A more detailed statement of the occupations at which children
worked in the various mills and factories is given in the report of
inspections made after June 3.
Rhode Island.
For several weeks prior to the date the Federal child-labor law
of 1916 was declared unconstitutional, inspections were made in a
number of establishments in Rhode Island. Seventeen mills en­
gaged in the manufacture of cotton, woolen, and silk goods, and
dyeing and finishing, located in four of the principal industrial
centers, and three factories engaged in the manufacture of glass,
electrical supplies, and jewelry, were inspected at this time.84
e* After the law was declared unconstitutional it was decided that although some of the largest child,
employing factories had heen covered, it was desirable to complete the inspections planned for Rhode
Island; so 37 inspections were made in four cities or towns, 32 of which inspections were in jewelry factories
(most of them very small) in Providence. Altogether, 380 children under 16 years of age were found at
work; 1 of these was 12, and 5 were 13 years of age.


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The age minimum established by the State law was 14— the same
as the Federal standard. In the course of 20 inspections, 12 children
under 14 years of age were found at work. The State law provided
that children between 14 and 16 years of age could not be employed
in factories more than 10 hours a day, or 54 hours a w&sk, or before
6 a. m. or after 8 p. m. The hours of work permitted under the
State law were, therefore, distinctly longer than those under the
Federal, and readjustments had to be made when the Federal act
went into effect. In the course of the Federal inspections, 70 chil­
dren employed in 16 establishments were found working more than
8 hours a day and more than 48 hours a week in violation of the
Federal standard.85 One child was working at night in violation of
both Federal and State laws.
In the course of the inspections of the jewelry shops in Providence
it was discovered that considerable work was being given out to be
done in the homes. Some of the middlemen who gave out the work
were visited, and also a few of the homes, where such work as stone
setting, wiring beads, making rosaries, assembling parts of cuff but­
tons, bracelets, and other jewelry, and carding snap fasteners was
being done. Usually the work was given out to adults, but in a
number of instances the inspector found that material had been fur­
nished children by a middleman, or representative of the factory.
Children as young as 8 and 9 years were found helping their older
sisters and brothers or parents' on this work after school hours and
in the evening.
Rhode Island was one of the States in which certificates issued
under State authority were accepted for the purposes of the Federal
act. The law required a certificate for every child between 14 and 16
years of age employed in any factory, manufacturing, or business
establishment, and that a birth certificate, a baptismal certificate, or
a passport should be accepted as proof of age in the order named.
If none of these was obtainable, the decision as to what evidence
should then be accepted was made by the secretary of the State board
of education, who also supplied the forms for the issuing officer.
When the Federal child-labor law went into effect, the board decided
that the evidence required in regulation 2 of the Federal rules and
regulations should be followed in the acceptance of other evidence of
age by the secretary of the board. The educational minimum re­
quired by the law was ability to read and write English. Each appli­
cant was required to present a certificate from an authorized physician
stating that he was physically fit to work. The certificates were
issued under the direction of the local school committee, and, as in
K When the Federal law was declared unconstitutional most of the Rhode Island employers at once
returned to the longer working day permitted under the Statelaw for children under 16 years of age. Thus,
of the 380 children under 16 years of age who were found at work in the 37 establishments inspected after
June 3,317 were working 9 or 10 hours a day.


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other States in which the authority to issue is so decentralized, the
issuing of certificates was very much better done by some local school
authorities than by others. In the larger towns the work was usually
much better organized, with better methods of securing and filing
records, than in the smaller towns, where frequently the issuing
officer did so many kinds of work that he gave little thought or time
to the certificating. Birth certificates could be secured for a large
per cent of the children; but in some of the towns where the registrar
charged a fee of 50 cents or a dollar for a certificate, the issuing officers
did not ask that they be secured. In Providence a bound index of
births arranged in alphabetical order was furnished the issuing officer,
so that the evidence was always at hand. Of the 1,062 children under
16 years of age interviewed, there were no certificates on file for 85,
and 19 of those filed were illegally or incorrectly issued.88.
In checking up the ages of the children employed in the factories,
the inspectors of the Child-Labor Division found that in some cases
what appeared on its face to be excellent evidence of the child’s age
and had been so accepted by the issuing officer, gave the child's age
incorrectly.
For example, one of the first inspections made in Rhode Island was
a night inspection in a woolen mill, where a small force was at work.
One small girl interviewed said she was over 16 years of age and was
working 10 hours a day in a mill in an adjoining town, and doing
overtime work at night to make extra money. Investigation proved
the girl to be under 16; so, after the completion of this inspection, it
was decided to inspect the mill in the neighboring town where this
girl said she worked on the day force and had done overtime work
occasionally. During this inspection an older sister, who said she
was over 16, and a younger sister, who said she was 14, were inter­
viewed. The ages of these children were investigated and docu­
mentary evidence of age was secured showing the older sister to be
over 16 and the younger just 12 years of age. A return visit was
made to the first mill and, on the request of the inspectors, the mill
superintendent brought the three sisters to the office to be inter­
viewed. When confronted with the facts, the two younger girls
admitted that they had obtained their work permits.on fraudulent
baptismal certificates purchased from an Italian neighbor for $15
each. They further stated that a number of other children in the
neighborhood had purchased these certificates in order to go to work
before they were 14 years old. Investigation proved this statement
to be true. A number of other children were found in this and in
other factories who testified they had purchased baptismal certificates
from this Italian for priees ranging from $5 to $20 each. Some of

mOf the 380 children under 10 years of age interviewed in the course of the inspections made after June 3,
there were no certificates filed for 34 children, and 17 were illegally or incorrectly issued.

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the children had paid for them on the installment plan after they
had gone to work.
These certificates bore the seal of a large Italian church. Com­
parison with the bona fide records and seal of the church showed the
language was the same, the paper bore the same water mark, but
the seal (a rubber stamp) was a trifle larger and the type on it some­
what wider. One certificate bore the forged signature of a priest
who had been in Italy for two years.
Ail this information was turned over to the local United States attor­
ney and the Italian who had fraudulently issued the certificates was
held on bail. Shortly after this the Federal child-labor law was de­
clared unconstitutional, and the matter was dropped in consequence.
Another source of inaccurate records was discovered in the course
of the Rhode Island inspections. The priest of an Italian church,
who had disappeared suddenly and concerning whom various rumors
were afloat, had issued statements of age on the official church sta­
tionery bearing the seal of the church, making the birth date of the
children earlier than that recorded for them on the church register,
and had also issued statements of age for children who had been
baptized in other Catholic churches.
In the towns visited, the authorities encouraged the registration
of births of children by parents who had not registered them at the
time the children were born. Corroborative documentary evidence
was not required when these entries were made; and some parents,
discovering this fact, registered their children as older than they were
in fact, and then secured a certified record of the registration and
straightway presented it to the issuing officer for a work permit. In
tracing back the records the Federal inspectors found that several of
these children had been previously registered under a slightly different
spelling, but the clerk had not discovered the fact and had made the
second entry without question. Under these circumstances a birth
certificate becomes of little value as evidence of age.
South Carolina.
South Carolina was one of the States in which Federal certificates
of age were issued. It was among the first of the southern textile
States to attempt to control child labor, and a small staff of factory
inspectors had been regularly employed in the enforcement of the
State law. At the time the Federal child-labor law went into effect
it was below the Federal standard only in that it permitted the
10-hour day or the 60-hour week for children from 14 to 16 years of age.
In the spring of 1918, Federal inspectors visited 36 towns or cities
and made inspections of 64 establishments— 60 were engaged in the
manufacture of cotton, hosiery, and knit goods; 1 was a glass fac­
tory; 1 made paper goods; 1 manufactured optical goods; and 1 was
engaged in the manufacture of fertilizers.

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Altogether, 20 children under 14 years of age were' employed in
violation of State and Federal standards in 9 of the 64 establish­
ments inspected before June 3; 12 of these 20 children were working
in 7 textile mills, and 6 in 1 glass factory. In 16 of the 64 factories
inspected, a total of 48 children under 16 years of age were working
more than 8 hours a day, and 1 was employed after 7 p. m. Of the
1,510 children under 16 years of age found at work, there were no
Federal Certificates on file for 243. It will be remembered that
State certificates were required by the State law; and that because
State certificates were issued on parents' affidavits, Federal certifi­
cates had been issued in South Carolina ever since the law went
into effect. As a matter of course, the officers of the Child-Labor
Division inspected all factories which were not procuring Federal
certificates for their children. In a few places, State as well as
Federal certificates were kept on file, but in general employers were
of the opinion, in spite of explanations to the contrary, that State
certificates were unnecessary if Federal ones were procured.
Some inspections (24 factories) were made in South Carolina after
the Federal law was declared unconstitutional. While all the chil­
dren employed had been changed from the 8- to the 10-hour day, the
age minimum was being very generally observed.87 The commis­
sioner of agriculture, commerce, and labor was requiring proof of age
in addition to parents’ affidavits in many cases before certificates
were issued; and at a few factories, where notaries employed by the
factory were taking the affidavits of parents, they were requiring
additional proof of age. Beyond the increase in the length of the
day, which is very serious for young children, no general letting
down of standards was discovered after the Federal act was declared
unconstitutional.
Tennessee.
The standards of the Tennessee child-labor law were substantially
the same as those of the Federal law, and a certificating law passed
in 1917 required the evidence of age recommended in the letter sent
to the governors88 by the Child-Labor Board (Attorney General,
Secretary of Labor, and Secretary of Commerce). Certificates were
issued by the schools, and the enforcement of the law was given to the
chief inspector of workshops and factories and his deputies.
In April, May, and June, 1918, 61 factories situated in 13 cities
and towns were inspected by the Child-Labor Division. Except
Nashville, all these cities and towns were located in the eastern part
of the State. A number of different types of industries were covered,
but the largest number, 29, were textile factories. Altogether, 688
67 Only two children under 14 were found employed.

86See pp. 16-17.


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children under 16 years of age were found employed, and 579 of that
number were working in textile mills.
Ten children under 14 years of age were found at work prior to
June 3 in violation of the State and Federal age standards. One
was in a cotton mill, 2 in hosiery mills, 5 in the manufacture of stoves
and hot-air furnaces, and 2 in an agricultural implement factory.
In 21 factories, 50 children were employed more than 8 hours a
day, and in 2 stove factories 14 children were working after 7 p. m.
Two of these latter were under 14 years of age. They came to the
foundry at 3 p. m., but in order to finish the jobs they sometimes
worked as late as 10 o ’clock at night; other children were working
until 11 o’clock. One was employed by a molder for $2.10 a week,
and another by a sand cutter for $3 a week. Although the manager
knew these young children were brought in to work after school
hours, he claimed that he was not responsible for any violation, as
he neither employed nor paid the children— although both State and
Federal law were explicit on this point.
Children in textile mills were employed in the usual occupations
of spinning, doffing, weaving, winding, sweeping, knitting, looping,
mating, boarding (stockings), cleaning, burling, messenger service,
etc.
In the manufacture of tobacco they were rolling, twisting, racking,
and tagging; in the manufacture of clothing they were operating
machines, trimming threads, sewing buttons, matching, pairing, and
working in errand service. In foundry work they were acting as
sand cutters and helpers, shaking and rapping out castings* trimming
up castings, etc. No unusual jobs were noted except in a railroad
repair shop, where 8 boys under 16 years of age were working
10£ hours a day, 58 hours a week, heating rivets.
Of the 688 children under 16 years of age, certificates were on file
for 611; of these, 36 were irregularly issued, and 5 were for children
who were under 14 years of age. In Tennessee the school officials
in the towns visited evidenced a desire to live up to the law; and in
view of the fact that the law had been so recently enacted, the irregu­
larities or misunderstandings were few in number. There was in
Tennessee a lack of that uniformity in the interpretation of the
certificating law which can be secured only if a State officer is given
supervisory authority.
Virginia.

In September, 1917, Virginia was designated for a period of six
months as a State in which certificates issued under State authority
should be accepted for the purposes of the Federal act—which meant
that if State certificates had been issued for children who were under
14, the employer would be protected against prosecution. Under
the State law certificates were issued by notaries on the following

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evidence of age: (a) Birth certificate; (5) passport or baptismal
certificate; (c) other documentary evidence or a school census or
school record, in the discretion of the issuing officer; (d) in case
documentary evidence was not procurable, a parent’s affidavit. That
the system would be weakened by intrusting it to a notary public
was feared, especially as the notaries wh© issued the certificates
could be employees of the factory.
The inspections made in the autumn of 1917 89 showed that
Virginia certificates could not be relied upon for the purposes of the
Federal act. At this time 57 factories were inspected, including
cotton, silk, knit goods, and hosiery mills; boots and shoes; tile and
glass; tobacco, paper-bag, and basket factories, as well as a number
of others. The total number of children under 16 years of age found
at work was 807. Certificates were on file for 634 of these children,
but 476 of them had been illegally or incorrectly issued, and their
acceptance for the purposes of the Federal act was revoked.
While a notary employed by a factory should under no circum­
stances be clothed with the authority to issue certificates which will
keep his employer from prosecution, interviews with notaries in the
Virginia cities in which inspections were made showed that those
not connected with the factories were usually entirely ignorant of
the requirements of the law;: and when the law was explained to them,
they felt they could not afford, for the 50 cents or $1 fee charged for
a certificate, to spend the time for the necessary investigation of the
proof of age. On the other hand, a number of notaries employed
by the factory were found to be issuing with some degree of care,
and both they and their employers were ready to follow regulation 2
of the Federal rules and regulations in accepting evidence of age.
As already explained, it was decided after much consideration that
the only remedy for the Virginia situation was to issue Federal
certificates, and this was begun in May, 1918.
Violations of the Federal child-labor law were discovered in 2.6
factories in the course of Virginia inspections. There were 52
children under 14 years of age, and 48 between 14 and 16 years of
age who were working more than eight hours a day, and 7 who were
working after 7 p. m. and before 6 a. m.
W est Virginia.

West Virginia had provided in its State law that children under
14 should not be employed in factories or manufacturing establish­
ments, but the hours of work for children between 14 and 16 years
of age were not restricted. In reference to certificates or work
permits, it belonged to the group of States which was below the
Federal standard in the evidence which the statute said should be
89 Inspections were made of Virginia canneries and of a number of other industries after June 3, 1918,
and a few mines were inspected prior to that date. These are discussed in other sections of the report.


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79

accepted as proof of age.90 It was designated as a State in which
certificates issued under the State authority should be accepted for
the purposes of the Federal act because little was known of the
actual way in which the certificate was being issued, and because
an elastic clause in the child-labor law of West Virginia 91 made it
possible for the school authorities who were charged with the respon­
sibility of issuing certificates to require the evidence of age prescribed
in the Federal regulations. It was therefore believed that, with the
cooperation of State officials and local superintendents of schools,
what was an unsatisfactory law might be made reasonably satisfac­
tory in administration.
Some special interest was attached to the enforcement of the law
in West Virginia because, at the conference of State officials held in
July, the commissioner of labor for West Virginia expressed the
opinion that the enforcement of the. law would be impossible be­
cause of the military draft and the increasing demand for labor in
war industries.93 This w*as not the view of the other State officers
present. It had been urged, upon Congress, however, especially by
those who had opposed the enactment of the law during peace times.
But Congress refused to modify the law; and those immediately
responsible for the prosecution of the war took the position that the
employment of very young children for long hours was dangerous to
the future welfare of the country, and, moreover, that the experi­
ence of England and France had shown it was unwise from the stand­
point of production.
The conference met during the fourth month after the United
States entered the war, when many people were urging that “ busi­
ness as usual” should be the rule, and that labor for the munition
factories and shipyards would have to: be found, not by curtailment
of nonessential industries, but by bringing in a hitherto unused
supply of women and children. Whether this view was any more
general in West Virginia than in other States can not be said. Busi­
ness men everywhere soon realized that it was untenable.
90

Law required school records showing ability to read and write simple sentences in English, and the
equivalent of a fourth-grade education. Proof of age was either a passport or school census record showing
the date and place of birth, or in case neither of these was accessible an affidavit of the parent made before
the issuing officer. The W est Virginia law was amended and greatly strengthened by the legislature
in 1919.
si This provision was as follows: “ No employment certificate shall be issued until the child in question
has personally appeared before the officer issuing the certificate, nor until such officer has satisfied him­
self * * * that the child is 14 years of age or upwards and has reaehed the normal development of a
child of its age * * * . In all cases of doubt such development * * * shall be determined b y a
medical officer of the board or department of health, or by a physician appointed by the school board.”

92

“ Under existing conditions,” he said, “ it is doubtful whether the standard of employment affecting
child labor can be raised at this time. N o matter how active the Federal and State child-labor bureaus
m ay be, we m ust be sustained b y a healthy public sentiment to make the Federal act effective. It takes
more than alert and faithful officers to convict transgressors. Y o u m ust have juries who are in sym pathy
with your objects. * * * I t is safe to say that every normal child 14 years of age is employed in some
needful industry or occupation in England, France or Germany.!?


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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

Inspections were made in 70 factories in West Virginia during the
fall of 1917 and the spring of 1918.93 A total of 13 children under 14
years of age were found employed in 12 different factories, 8 of which
were glass factories. Violations of the hour standards were much
more common— about half the factories inspected (32) were em­
ploying children under 16 years of age more than eight hours a day.
The total number of children thus employed was 139, and 103 of
these were in glass factories. With many of the latter the violation
was a technical misunderstanding of the regulations. As is cus­
tomary in glass factories in most parts of the country, the employees
in West Virginia were usually given a rest period of 15 minutes both
in the morning and in the afternoon. This the management counted
as “ time off.” Under regulation 6 of the Federal rules and regula­
tions only “ a single continuous period” was to be counted as time
off, so these children were recorded on the inspector’s report as work­
ing eight and one-half hours a day. In a few factories children for
whom affidavits were on file showing them to be 16 years of age, and
who were proved to be younger, were working full time. However,
these explanations do not cover all the children found working over­
time, and they do not explain the 7 children, 6 of them employed in
glass factories, who were working at night.
All the inspectors who worked in West Virginia reported that the
most serious drawback to the enforcement of both the Federal and
State laws was the certificating system. One of the first sources of
confusion was the fact that the law provided that the county super­
intendent of schools, or any one authorized by him, could issue em­
ployment certificates. In one district the mayors of all the towns,
the superintendents of nine school districts, the principals of the
various schools, as well as the truant and probation officers, had all
been authorized by the county superintendent to issue certificates,
and most of them were using the authority given them. Children
who failed to get a certificate from one official could usually succeed
with a second. Thus, in one town when a child was refused a cer­
tificate by the city superintendent because he could not meet the
educational standard of the State law, he applied to the county su­
perintendent, who granted a certificate without any investigation.
In most cities and towns there were no records as to numbers of cer­
tificates issued or refused, or evidence of age required. The statute
made no provision for vacation certificates, but in some communi­
ties it had been customary to issue them to children under 14 years
of age, although this was clearly contrary to the law. One county
superintendent had decided that no certificates were required when
schools were not in session. Another source of difficulty was that
93

Some inspections were made in West. Virginia during the summer of 1918, when investigations o f the
Ohio glass factories and potteries were being made. These are discussed in connection with the report
on Ohio inspections, pp. 128-129.


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in towns along the Ohio border children often lived in Ohio and
worked in West Virginia.94 •
A certificate was supposed to be returned by the employer to the
issuing officer when the child left his employment, but with the
number of issuing officers, this provision was difficult of enforce­
ment. Under the circumstances it was perhaps not surprising that
the certificate requirement was frequently disregarded by employers.
In one town, the truant officer reported that a number of the em­
ployers, just prior to September 1, when the Federal law went into
effect, had checked up all the children in their employ who were
under 16, had procured certificates for all those for whom it was
possible, and had dismissed all children for whom certificates could
not be procured. Many of these new certificates had been very
carelessly granted under a “ rush order” from the local manufac­
turers.
The school officers were in general much interested in the pre­
vention of child labor, but either they had not appreciated the im­
portance of the certificating system, or in the general confusion of
authority had not felt responsible for its improvement.
During the inspections made in the autumn of 1917, out of 632
children under 16 years of age who were found at work no certificates
were on file for 180. The acceptance of 96 certificates found on
file was revoked for the purpose of the Federal act. It was quite
apparent during these first inspections that unless conditions were
improved it would be necessary to issue Federal certificates in the
State.
In February, 1918, after a series of conferences brought about by
the commissioner of labor with the State superintendent of free
schools, the State inspector of mines, the State manufacturers' asso­
ciation, and a number of local school superintendents, a letter was sent
by the State superintendent to the county superintendents of schools
instructing them to withdraw all previous authorizations to issue
certificates of age, and in the future to limit this authority to one
person in each town, instructing this person to issue certificates in
accordance with regulation 2 of the Federal rules and regulations.
The Children's Bureau agreed to have an inspector spend some time
in the State explaining the requirements and the kinds of records
which should be kept. In order to test out the success of this plan
before refusing to redesignate West Virginia, the designation was
extended for a three-months period. It proved to be not sufficient
time to accomplish the desired ends, and the question of what action
should be taken was pending when the law was declared unconstitu­
tional.
w This is discussed more fully in connection with the Ohio report, pp. 128-129.

183106°—21------6

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82

FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

INSPECTION OF MINES.

The case against the employment of young children in mines has
been established. Since 1842, when the first report of the Children’s
Employment Commission of Great Britain revealed hideous con­
ditions in the coal mines of that country, an increasingly large public
throughout the world has said that children must not be employed in
mines. The Federal child-labor act of 1916 prohibited the shipment
in interstate or foreign commerce of the products of any mine or
quarry in which children under 16 years of age had been employed
within 30 days prior to the removal of such products therefrom.
The State age minimum was the same, or higher, in all the mining
States important from a child-labor standpoint except Indiana,
Iowa, Missouri, Virginia, and West Virginia. The total number of
children employed in the mines was not large for the United States
as a whole, but in mining sections there was reason to believe the
numbers were large.
In general the enforcement of State laws with reference to the em­
ployment of children in mines has been left to the mining inspectors.
This practice has commended itself to many because it was assumed
that there would be an unnecessary duplication of work if child-labor
inspectors enforced the law. It should be remembered, however,
that the mine inspector is, in theory at least, especially trained for
the highly technical work of safety inspections. He has no professional
interest in child-labor inspection. Most of the time of a child-labor
inspector must be spent, not inside mines and factories, but in
outside investigation of the ages of the children. It is quite waste­
ful of the skill of a safety engineer to plan that he shall spend time
in visits to certificating offices, homes, health departments, etc.,
in order to establish the age of a child. That most mine inspectors
will not give the necessary time for this work is to be expected.
The 1910 Census, which contains the latest available figures, showed
18,695 children under 16 years of age employed in the “ extraction
of minerals. ” Most of them, 15,505, were working in or about coal
mines, 9,220 being classified as laborers, 3,374 as breaker hands, and
1,601 as door tenders. There were eight States, according to the
census figures, in each of which more than 500 children under 16 years
of age were working in selected occupations in mines or quarries—
Pennsylvania, 8,224; West Virginia, 1,839; Alabama, 1,419; Tennessee,
851; Ohio, 840; Kentucky, 690; Virginia, 621; and Indiana, 585.95
Laws and administration have changed since 1910, so these figures
are probably no longer typical.
Because of the meager information on hand it was necessary to
make the initial work of the Child-Labor Division largely an investi65Compiled from Thirteenth Census of the United States, 1910, Vol. I V , Tables V I and V II.


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IN S P E C T IO N S U N D E R T H E C H IL D -L A B O R A C T .

S3

gallon of where inspections should be made. The first surveys of
the field were made in the Kentucky, Tennessee, Virginia, and West
Virginia coal fields. Some regular inspections.96 were made in all
these states except Tennessee. Inspections were made also in Penn­
sylvania, and after June 3 in Indiana.
Prior to 1909. Pennsylvania had prohibited the employment ®f
children under 16 years of age in the mimes, but the only kind oi
certificate required was the parent’s affidavit, and in consequence
the law did not keep children under that age out of the mines. In
1909 the law was amended so as to require documentary proof o f
the child’s age,, but it is reported that “ through an unfortunate
error in draf ting the bill ” 97 the minimum age was reduced to 1-4
years for employment inside the anthracite mines. This was
amended in 1.915, so that at the time the Federal law went into
effect no minor under 16 years of age could be legally employed or
permitted to work “ in any anthracite- or bituminous coal mine or
in any other mine.” While the Pennsylvania act provided for the
enforcement of this and all- other sections of the State child-labor
law by the commissioner of labor and industry, the inspect ion of the
mines was left to the department of mines. The “ breakers” in
the anthracite coal region were not regarded as “ in the mine” within
the meaning of the Pennsylvania law; and regular inspections of the
breakers, with a view to the enforcement of the child-labor law, had
not been made by either department. The Federal rules and regu­
lations contemplated including breakers as part of the mines,98 but
there had been no judicial determination of the matter.
On the initiative of the acting commissioner of labor and industry
a conference of representatives of the Child-Labor Division and the
officials of the S4ate departments of labor and industry, and of mines,
was held at Harrisburg in March, 1918, and it was decided to make
some joint inspections in the Scran ton-Wilkes-Barre anthracite
fields. The work was in progress when the: act was declared uncon­
stitutional, and it was continued for a few weeks after June 3 ." In
all of these inspections violations of the Federal standards were
found. Altogether 194 children under 16 years of age were found
at work. Of this number 12 were under 14 years of age. There
were 26 children under 1.6 years of age working inside the manes—
as door trappers, drivers of mules, and as assistant to the armature
winder—in violation of both State and Federal standards.
98

See Appendix I, Table J, p. 172; for summary of children under 16 years of age found employed in the
course of these inspections.
” Lovejoy, Owen R .: “ The Coal Mines of Pennsylvania,” in.Uniform Child Labor Laws (Proceedings
oi the Seventh Annual Conference on Child Labor, 1911). National Child Labor Committee, p. 135, New
York, 1911

93

See Appendix II, Regulation 1, p.. 76. Certificates were to be issued “ for children between 16 and
17 years-of age when empioyment m or about a mine or quarry” was1contemplated.
Prior to that date 15 inspections of mines and breakers were made, and after that date inspections of
two mines and four breakers were made in Pennsylvania.

99


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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I .

The employment of young children as slate pickers in the breakers
is an old established custom. As the coal is brought out of the mines
in cars it is dumped into cylinders, where it is crushed. From the
cylinders it is carried down to the railroad cars on “ breaker belts,”
and the boys clean the coal by picking out the slate and rock as
the coal rushes past them. As it is usually cleaned dry, the dust
that rises envelops the breakers and often the town in darkness. In
danger of accidents and constantly exposed to obstructive and
irritating dust, there is no more forlorn group of child laborers than
these breaker boys.
The hours of work of children over 16 employed in mines were
not regulated either by the State law or indirectly by the Federal
law. It is of interest, however, that in the mines where the 8-hour
day is common for adults the boys who were mule drivers had to be
on duty a half hour earlier in the morning and a half hour later at
night in order to care for the mules. In mines where the working
day was more than 8 hours the drivers’ hours were correspondingly
longer. Under the interpretation of the State law, followed by the
State officials, children between 14 and 16 years of age were per­
mitted to work on breakers, but they could not be legally so em­
ployed more than 51 hours in any one week, or more than 9 hours
in any one day, or before 6 in the morning or after 8 in the evening.
If the breaker was held not to be a mine within the terms of the
Federal act, the hours must be limited to 8 hours a day, 48 hours a
Week, and between 6 a. m. and 7 p. m. The hours these children
'worked was therefore a matter of technical as well as general interest.
The breaker children frequently worked until late at night “ reclean­
ing” coal that had been condemned. The inspector found one boy
who stated that he had been so employed until 2.30 in the morning,
and the pay check of a 13-year-old breaker boy showed 128 hours of
work for the first half of March.
In general the provisions of the Pennsylvania law with reference
to the issuance of certificates of age were good. The law required
certificates for all children between 14 and 16 years of age employed
in any occupation except agriculture and domestic service. They
were issued by the local school superintendent or some one author­
ized by him. The evidence of age required was practically that of
regulation 2 of the rules and regulations. In addition, proof of com­
pletion of the sixth grade in school and a certificate of physical fitness
from an authorized physician were required. Whenever the State
superintendent of public instruction could not secure effective enforce­
ment of these provisions of the law, the law required him to report to
the State board of education, and the board could then appoint
attendance officers for the district. Still, in some of the mining
towns the system was not working.

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IN S P E C T IO N S U N D E R T H E

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85

There were no certificates on file for 30.4 per cent of the children
under 16 years of age employed about these mines in Pennsylvania,
and of those on file 20 per cent had been so irregularly issued that
they constituted a protection to employers in the violation of the law.
For example, in one town visited, a superintendent of schools who
had recently been removed had made a practice of selling certificates
to under-age children, and certificates issued by him were found both
inside and outside the district in which he had taught. Most of these
children were two years younger than the age given on the certificate.
In another town parents, most of them Polish and Slovak immigrants,
made affidavit that they had paid fees to secure certificates from the
superintendent. Thus, the parents of a boy of 12 paid only 50 cents
for a certificate showing him to be 14 years of age while for another
12-year-old boy a fee of $5 had been collected.100 In another family
the payment had been $1 for a vacation permit and $2 for a general
certificate. Apparently the theory of the principal was to charge
all that the traffic would bear. A supervising principal who had 32
widely scattered schools in his district was a justice of the peace and
notary public as well. He had an office in the rear room of a saloon
which he used for issuing certificates and transacting his business as
justice of the peace. The room was very dirty and the records in
great confusion. What he described as baptismal certificates had
been accepted for a considerable number of children, although, as the
certificates presented clearly stated, they were in fact merely the
parent’s statement of the child’s age to the priest. Parents’ affi­
davits and school records were accepted by some superintendents,
although this was prohibited by the State law.
Such disregard of the State law was not found in all the mining
towns visited. In some, the superintendent was carefully examining
all applicants, and the law was being well administered in the face of
considerable local opposition and occasionally in spite of the efforts
of the school committees to break down the law.
The West Virginia law prohibited the employment of all females
and all boys under 14 years 1 of age, and of boys between 14 and 16
years of age during the school session, in mines employing five or
more people in a 24-hour period. However, in the mining towns of
that State the school term was often only six months, so boys between
14 and 16 could work in the mines six months a year.
The West Virginia law did not require the same employment certif­
icate for these children that had to be procured for children under
16 years of age employed in factories. During the school term the
mine operator had to keep on file for each boy employed a parent’s
affidavit that he was 16 years of age, and, during the vacation period,
that he was 14 years of age or over. Duplicates of these affidavits
100
In the canvass a 13-year-old girl was also found whose parents had paid 55 for a certificate saying she
was 16 years of age.
1 The age was raised to 16 in 1919.


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FIR ST FEDERAL, C H IL D -L A B O R L A W — PART I .

were to be filed with the district mine inspectors of the State, who
had power to prohibit the employment of the children in hazardous
places. These certificating provisions made a very poor basis for
the enforcement of the Federal act; and in the conferences 2 with
reference to the acceptance of certificates issued under the State law
for the purposes of the Federal act, the certificates for children in
mines was much discussed.
Eight of the nine coal mines inspected in West Virginia were vio­
lating the Federal standards. There were 15 children under 16
years of age working inside the mines as trapper boys (opening and
closing doors), and in tending switches, coupling cars, and even as
miners, picking out coal and loading cars. While the inspectors
were at work in the State a boy was seriously crippled in one mine,
and in another a colored trapper boy—who was in fact 15 years old,
but whose mother had made affidavit that he was 16 years of age—
was run over by a car. The company surgeon said his examination
showed that the boy’s skull was fractured, the scalp badly lacerated,
the right leg from the knee down badly lacerated, and that three
fingers had been amputated. The boy did not live long, and one of
the officials, taking advantage of the “ Fuel will win the war” slogan,
said: “ The boy has died for his country.”
The Indiana inspections were all made after the United States
child-labor law was declared unconstitutional. The law in that
State permitted the employment of a boy of 14 in mines if he had a
miner’s permit, issued by the county miner’s examining board,
stating age, nativity, and residence, or if he worked with a qualified
miner. The child-labor law provided that no child under 16 could
be employed in any occupation while school was in session without
an employment certificate issued by the school authorities. For
these school certificates completion of the fifth grade in school as well
as proof that the child was 14 years of age or over was required.
The enforcement of all laws with reference to mines was the duty of
the inspector of mines.
In the course of the inspections in Indiana, 6 children under 14,
and 56 children between 14 and 16 years of age, were found at work
in the mines. Of these 62 children under 16 years of age, 25 were
working without miner’s permits, and only 1 had a school certificate.
The inspections were begun in July and were completed after the
schools opened. The dates on the miners’ permits indicated that
the children under 16 who were found in the mines during the vaca­
tion season, and for whom no school certificates were on file, had gone
to work before the schools closed; a few had been at work more than
a year. Mine superintendents were generally ignorant of the fact
that school certificates were required. After school began the in­
spections resulted in the dismissal of the children who could not pass
the age and educational tests for school certificates.
: See p. 81.


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PART n . INSPECTIONS MADE FROM JUNE 3 , 1918,
TO APRIL 25, 1919.
When the United States child-labor act was held unconstitutional
on June 3, 1918, the issuing of certificates of age in Virginia, North
Carolina, South Carolina, Georgia, and Mississippi was discontinued,
and many of the inspections that were planned, and some that were
in progress, were abandoned. The law establishing the Children’s
Bureau directs that it shall, among other things, investigate and report
on “ dangerous occupations, accidents and diseases of children, em­
ployment, [and] legislation affecting children in the several States
and Territories.” Acting under this authority, inspections were
made by the Child-Labor Division of the bureau in a number of
States after June 3. Those made in Maryland, North Carolina, Ohio,
and Virginia are especially important. These and some made in
Arkansas, Florida, Kentucky, Massachusetts, and New York have
been summarized.3 Following this is a discussion of the adoption of
the child-labor clause for war contracts and the special inspections
made of establishments engaged in war work.
The work of the division was discontinued when the Federal childlabor tax law went into effect on April 25, 1919, and its administra­
tion was begun by the Child-Labor Tax Division of the Bureau of
Internal Revenue.
To prevent repetition, the expression “ Federal age and hour stand­
ards” is used with reference to the inspections made after June 3
throughout the discussion and in the tables. While the United
States child-labor act of September 1, 1916, had been declared un­
constitutional, Congress had adopted, and the President had ap­
proved, the principle that in mines,or quarries no child under 16
should be employed, and that in mills, canneries, workshops, fac­
tories, or manufacturing establishments no child under 14 should be
employed, and no child between 14 and 16 years of age should be
employed more than 8 hours a day, or 6 days a week, or before 6
a. m., or after 7 p. m. Except for the provision with reference to
mines and quarries, the same age and hour standards were adopted
by the War Labor Policies Board for insertion in all war contracts.
They were therefore quite rightly spoken of by State inspectors and
the general public as the Federal standards.
a See Appendix I, Table I, for number of children under 16 years of age employed in violation of State
and Federal standards in the course of these inspections.

87


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FIR ST FEDERAL C H IL D -L A B O R L A W — PART. I I .

As in the other inspections, special attention was given to the way
in which the employment certificates were issued. Many of these
inspections were made during the summer of 1918, when schools were
closed and school officials often out of town. In some places this
accounted for the unsatisfactory and often illegal way in which the
certificates were being issued. This is a recurring condition for which
definite provision must be made. In some States the special vaca­
tion permits demoralized the issuing offices. Generally speaking,
the vacation-permit plan has been found a dangerous one from the
standpoint of the children. The experience of many States shows
that it is extremely difficult to call in the temporary certificates when
school opens, and the effect of the measure must be, in consequence,
a lowering of educational standards. But entirely apart from the
effect on school attendance, the vacation permits are undesirable.
Child-labor laws are not alone to reinforce compulsory-education
laws. The physical hazards of premature employment are almost
as serious as the educational hazards. It should be remembered
that industry is not organized either for recreation or training, and it
is therefore no more suited to meet the needs of the children in summer
than in winter.


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SECTION I.

GENERAL INSPECTIONS.

Arkansas.

The Arkansas child-labor act prohibited the employment of a
child under 14 “ in any remunerative occupation,” except that
during vacation a child under 14 years of age could be employed by his
parents or guardian in an occupation owned or controlled by them.
The compulsory-education law required school attendance from 7 to
15 years of age, unless the child had completed the seventh grade in
school, was physically or mentally incapacitated, or his services were
necessary for the support of a widowed mother. The child-labor law
made no such exemptions for children under 14 years of age. The
hours of work for children between 14 and 16 years of age were the
same as those fixed by the Federal act. There was in addition a long
list of dangerous occupations in which children under 16 could not
be employed, and the State board of health could after hearirigs
extend the list.
Although Arkansas was not an important manufacturing State,
it was none the less important that the measures it had taken for the
protection of its children should be carefully carried out. However,
only one inspector had been provided, and it was therefore not
surprising to find that many plants had never been inspected. Two
inspections were made in Arkansas by the Child-Labor Division prior
to June 3. Those made after that date included 36 factories dis­
tributed in 17 localities. These factories were principally manu­
facturing lumber products—staves, barrel headings, hickory handles,
hardwood flooring, boxes, veneers, etc. A yarn mill, a cotton-duck
mill, a sausage factory, a candy and paper-box factory, and a large
picric-acid factory were also inspected.
In the 36 factories inspected, 258 children under 16 years of age
were employed. Of that number, 117 were under 14 years of age,
3 were only 9 years of age, 10 were 10, 17 were 11, 32 were 12, and 55
were 13 years of age. There were 194 children under 16 years of age
employed more than 8 hours a day. All these were so employed in
violation of the State law as well as the Federal standards.
Employment certificates were issued by the local superintendent
or principal of the public school, or by the commissioner of labor and
statistics, or by some person authorized by either. The commissioner
of labor and statistics had authority to revoke any employment cer­
tificate issued in violation of the laws and so could exercise general
supervision over the work done by the local officers. The law passed
in 1917 at the suggestion of the Federal Child-Labor Board4 provided
4See p. 17, footnote 14.
89

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FIRST FEDERAL C H IL D -L A B O R L A W — PART I I .

that the person authorized to issue an employment certificate could
prescribe, and from time to time change, the regulations with reference
to the proof of age, provided that such regulations should substan­
tially comply with the Federal regulations.
As soon as the Federal rules and regulations were adopted, forms
were prepared by the commissioner and sent out to local officers.
The instructions to physicians in connection with the physician’s
certificate of age used in the issuance of Federal certificates were also
approved by the commissioner and sent out to the local issuing
officers.
In spite of these efforts, the law with reference to certificates was
little understood or its importance appreciated. The commissioner
did not investigate reports sent in by the local superintendents.
He reported that he had never had reason to believe that the evidence
was manufactured or altered by children below the legal age so as to
enable them to get certificates. His records showed that the evidence
most frequently accepted was the Bible record. The real difficulty
was that manufacturers were employing children without certificates,
entirely regardless of the law. The commissioner estimated that
certificates ta d been issued for not more than 50 per cent of the
children between 14 and 16 years of age employed in factories.. The
inspections made by the Child-Labor Division indicated a larger
per cent. Of the 141 children between those ages found at work, there
were no certificates on file for 125. Some firms were relying on
parent’s affidavits, which they secured for the children they employed.
One manufacturer prepared the affidavits for the parent’s signature
and sent them home by the child to be signed. Sixteen was the age
always given in this form. Signing was regarded as necessary to
get the job, so sometimes the parent and sometimes the child signed
it, and then it was returned to the employer.
During the summer of 1918, the commissioner reported that, with
the approval of the governor and the State council of defense, he
had begun the practice of granting special vacation permits to chil­
dren from 10 to 14 years of age. He reported that 150 such certificates
had been issued from June 1 to July 13, 1918. The employment of
these children was clearly prohibited by the State law. The permit
served merely as an assurance to the employer that the commissioner
would not institute proceedings against firms employing children
under 14 years of age, provided such certificates were secured. The
plan was adopted as a war measure and because those in authority
were impressed with the- injustice of the law permitting children
under 14 years of age to work during the vacation season only when
they were employed by their parents. At almost the same time that
this measure was decided in Arkansas to be necessary, those imme­
diately responsible for the prosecution of the war had taken the

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position that maximum production could not be secured through
the employment of young children for an excessive number of hours,
and that incalculable harm would be done to the country if the
enforcement of the child-labor laws was relaxed.5
Florida.
During the winter and spring of 1918 inspections were made in
Florida in 13 cigar factories, 1 cigar-box factory, 1 cracker factory,
and 12 shipyards. The cigar factories were inspected at the request
of the State factory inspector, and all these and a number of the
shipyard inspections were made in cooperation with him.
The Florida child-labor law provided that no child under 14 years
of age might be employed in manufacturing establishments, and that
children between 14 and 16 might not work in manufacturing estab­
lishments for more than 9 hours a day, nor more than 54 hours a
week, nor more than 6 days a week, nor between the hours of 8 p. m.
and 5 a. m. Children were found employed in violation of these
standards in 7 cigar factories, 1 cigar-box factory, and 5 shipyards.
Thirty-one children under 16 were found working in the tobacco
factories,- two of whom were found to be 13, one 12, and one 9 years
old. The occupations in which the greater number of children were
employed were rolling, cigar making, stripping, bunching, and learn­
ing certain of these occupations.
Occupations which involve the handling of tobacco have been
regarded very generally as injurious to the health of young persons,
as is shown by the special restrictions placed by 15 States upon the
employment of minors in cigar factories or in other places where
tobacco is manufactured or handled.6 No such specific provision is
contained in the Florida child-labor law, although the employment
of children under 16 is forbidden in a number of other specified
occupations, and also in “ any occupation dangerous or injurious to
health or morals, or to lives or limbs.” Work in cigar factories has
never been considered by the State authorities as coming under this
latter provision, except so far as children are employed where ma­
chinery is in operation.
The absence of satisfactory time records in many of the factories
inspected made it difficult, and in some cases impossible, to deter­
mine the actual hours the children worked. In factories in which
all work was paid for on a piece basis no time records were kept at
all, the books showing only the number of cigars made by the indi­
vidual workers. These factories are usually open from 7 a. m. to
5 or 6 p. m., which made possible a working day of 10 or 11 hours.
Twelve of the 30 children under 16 found at work in these establish­
ments stated that they worked full time, and their statements were
6See p. 13, and pp. 133-134.
6See p. 39, footnote 41.


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in general confirmed by the superintendent or other adults working
in the same plant.
As a result of the evidence secured in these inspections, prosecu­
tions for violation of the State child-labor law with respect to age',
hours, and employment certificates were filed in the criminal Court
by the State factory inspector against 7 cigar factories. Gne boy
of 12 was found working as “ varnish b o y ” in the cigar-box factory
inspected, and prosecution was filed against this concern also.
According to the State factory inspector’s interpretation of the
dangerous-occupation clause of the State child-labor law, the employ­
ment of children under 16, except as office boys or messengers, is
forbidden in shipyards, as in any other plants where machinery is
running. In consequence, not many boys under 16 were found work­
ing in the shipyards at the time of the Federal inspections, except
in the exempted occupations. A few were employed in the sawmills
connected with the wood-ship yards. Of the 18 boys found at work
on the steel ships, only 7 were occupied in regular shipbuilding proc­
esses, such as the heating and passing of rivets, and an even smaller
number were found at work in such occupations on the wooden ships.
That a much larger number of children had previously been employed
in the shipbuilding occupations, at least in some of the steel yards,
is indicated by the statement made by the manager of one plant in
which 5 boys under 16 were found employed. Because, it was said,
of a communication from the State factory inspector relative to the
exclusion of boys under 16 from the regular shipbuilding processes,
one of the officials of this plant made an investigation into the ages
of all the children claiming to be over 16 years who were working
on parent’s affidavits. As a result of this inquiry 40 boys were found
to be under age and discharged. During the succeeding month, some
50 additional children who claimed to be 16 were laid off because
they were found to be under age.
Children under 14 were found employed in two steel and in three
wood-ship yards. About half the total number under 16 years of age,
including three children of 13, three of 11, and one of 10, were working
in one wood-ship yard. While most of these children were employed
as sawmill hands, the child of 10 was a water boy and was obliged to
journey to and fro through the yard and to climb all over the boats
with his water can. In another yard a boy of 13 was employed carry­
ing oakum to the calkers. When seen at work by the inspector, this
child was carrying a 50-pound load up the scaffolding nearly to the
top of an almost completed ship.
Although longer hours had been customary in some of the shipyards
during the war, all were running on an 8-hour basis at the time of the
inspections. Satisfactory time records were found in all but two of
the yards, and there was no evidence that children were working for

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more than the 8-hour day except in the sawmill connected with one of
the wood-ship yards, in which 20 boys, including 7 under 14 years of
age, were employed for 10 hours a day.
Less regard was paid to the requirements of the employmentcertificate law in the tobacco factories and shipyards than in the
canneries inspected while the Federal child-labor law was in opera­
tion.7 Of the 80 children under 16 found at work in the course of the
later inspections, there were active certificates on file for only 3. A
number of children were working on certificates or affidavits stating
their age as 16 or over who were found on investigation to be two or
more years younger than the age claimed.
There was no uniformity in the method of issuing certificates in
the different parts of the State, but a general lack of conformity
with the requirements of the law. No attempt appeared to be made to
secure birth records or other reliable documentary evidence as proof
of age, as provided in the State regulations. Even school records
were not available, as they were usually destroyed by the individual
teachers at the end of each school term, and the parent’s affidavit was
almost universally relied upon as the sole proof of age.
Employers in general were found to be unaware of or willing to
ignore the certificate requirements. In one small sawmill town, where
wooden boats were built, 23 children under 16 were found at work,
some of them as young as 10 and 11 years. None of these children, the
majority of whom were working 10 hours a day, had certificates on
•file. Most of them, however, had furnished their employer with an
affidavit from one of their parents, and these had been sufficient to
secure their positions without further question, regardless of size,
physical fitness, or education. In another town the superintendent
of public instruction stated that no certificates had been required by
the management of the local shipbuilding company, a large steel
plant, until they had been informed by the State inspector that under
the dangerous occupation clause of the child-labor law children under
16 must be excluded from shipbuilding occupations. This company
had then asked to have the younger children who were being dis­
charged as a result of this ruling given certificates, in order that they
might have legal proof of the children’s age to produce when necessary.
A number of employers, who had not previously recognized the value
of certificates, sent the children in their employ to be certificated as a
result of the Federal inspections.
Kentucky.
Inspections were made in Kentucky in October and November,
1918, at the request of the woman State labor inspector, who was espe­
cially charged with the enforcement of the child-labor law in the


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Louisville district. The age and hour standards of the Kentucky
child-labor law were practically the same as those of the Federal law.
In 1918 the law had been amended so that the proof of age required
for certificates would meet the requirements of the Federal board.
The Kentucky law also fixed an educational minimum of completion
of the fifth grade in school and attendance of not less than 100 days
during the 12 months prior to the date of application or of the four­
teenth birthday of the applicant. The statute also enumerated a
number of prohibited occupations for children under 16 years of age,
among these the assorting, manufacturing, and packing of tobacco.
During the short time in which the officer of the Child-Labor Divi­
sion was in Kentucky, 17 factories were inspected in company with the
State inspector in eight cities and towns in different parts of the State.
These 17 factories included 5 textile mills, manufacturing cotton yarn
and cloth, hosiery, cordage, and a dyeing and finishing establishment;
and 5 tobacco factories and stemmeries. Of the 7 remaining, 1 was
manufacturing ax handles, another watch cases, and the others were
an awning and tent factory, a cloth-glove factory, a box factory, a
furniture factory, and a cannery.
The inspections show that the tobacco factories were the most
frequent violators of the Kentucky law. Only 1 o f the 5 inspected
was not guilty of a violation. Of the 14 children under 16 years who
were working more than 8 hours a day, 13 were employed in tobacco
factories; and the 11 children under 14 years of age found employed
were either making twist tobacco or working in stemmeries. Their
ages ranged from 8 to 13 years. In addition to these, 13 children
between 14 and 16, who were making twist and stemming, were
illegally employed, as the State law prohibited children under 16 from
such work.
The employment certificates in Kentucky were issued by the school
superintendents, or by a person authorized by him in writing, or by
the county superintendent where there was no local superintendent
of schools. Issuing officers were required to report to the factory
inspection department all certificates issued and refused. These re­
turns were checked by the State factory inspector, and if they had
been issued illegally, both the firm and the issuing officer were noti­
fied and the cancellation of the certificate ordered. The State
inspector had endeavored to familiarize parents, employers, and
school officials with the provisions of the law enacted in 1918., but
the work of issuance was being very unevenly done in the cities and
towns visited. Most of the superintendents favored the law but were
inexperienced in its administration. A few were knowingly violating
the law. For example, one superintendent issued what he expected
would be accepted as certificates for four children under 14. These
were signed statements that the child named thereon was permitted


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to work for a specified firm while schools were not in session. When
the firm was prosecuted the manager admitted he knew the children
were illegally employed but thought it would be all right since the
employment was sanctioned by the superintendent of schools.
Maryland.
Prior to June 3, 1918, while the Federal child-labor act was opera­
tive, only eight establishments were inspected in Maryland— three
canneries on the Eastern Shore, one cotton mill, and four glass facto­
ries. In the canneries 16 children under 14 years of age were work­
ing, and 28 under 16 years of age were employed more than eight
hours a day. In the cotton mill one child was employed over eight
hours a day and four were working at night. .
At the time the Federal child-labor law went into effect, and when
the inspections referred to above were made, children of 12 were per­
mitted to work in the canneries of Maryland, and children between
14 and 16 years of age who were unable to meet the educational
standards required for a general certificate could work during the
vacation season on a vacation permit. The hours of work for chil­
dren under 16 employed in canneries were not restricted under the
State law. The Federal child-labor law specifically included can­
neries, so that from September 1, 1917, to June 3, 1918, a cannery
that employed children under 14 years of age, or children between 14
and 16 more than eight hours a day, or before 6 a. m. or after 7 p. m.,
could not ship its products in interstate commerce except under
penalty. The few inspections made in the autumn of 1917, just as
the canning season was closing, indicated the employment of great
numbers of very young children in the canneries of the State, so a
special investigation was planned for the season of 1918. Although
an amendment to the State child-labor law made during the legisla­
tive session of 1918 prohibited the employment of children under 14
in canneries, it did not bring the children so employed under the pro­
tection of the eight-hour law, so that under the State law children
between 14 and 16 years of age could still be employed any number of
hours in the canneries. It was therefore decided to make the inspec­
tions planned, in order to learn the extent of employment of young
children in the canneries of Maryland and the hours they were
working.
Many kinds of fruits and vegetables are packed by the canneries of
Maryland, but tomato canneries are the most important, both in
size and number, and in the per cent of children employed. The
peak of the tomato season usually comes between August 15 and
October 1. It was during this period, after the fruit canning season
was over and when the canning of tomatoes, corn, and beans was at
its height, that the Child-Labor Division inspected 205 canneries
located in the principal canning districts of the State— the nine coun
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ties on the Eastern Shore of Maryland, and Harford, Anne Arundel,
and Baltimore Counties, and Baltimore City on the western shore.
The most important canning centers are in Caroline, Dorchester,
Talbot, and Wicomico Counties on the Eastern Shore, and Harford
County and Baltimore City on the western shore.
The inspection of the canneries presented many difficulties. While
the largest ones were usually located where railroads were conven­
ient, many of them were almost inaccessible to an inspector trying
to go from one to another by rail. Shipments of the canned prod­
ucts were usually k.v Baltimore and Philadelphia; and even small
canneries scattered on the “ points,” “ necks,” and “ islands,” that
were almost inaccessible to one approaching from the inland, had
excellent shipping facilities from their own docks on the river. A
few canneries were located in out-of-the-way places; where the
inconvenience of transportation was compensated for by the nearness
to the tomato fields or a local (often colored) labor supply.
Children were hurried out of some canneries on the approach of the
inspectors, while in others the children were allowed to continue work­
ing as a matter of course. Strangers did not of ten come to these canning
centers, so the children could, if they had been instructed, tun away
and remain in hiding until assured that the visitor was not an inspector.
Some of the mothers reported that the row bosses threatened to send
them to jail if the child-labor inspectors caught their children at
work, so that usually the children scattered in all directions on thé
approach of an inspector.
This made it extremely difficult for the inspector to interview any­
thing like the complete number of children working. Altogether 741
children under 14 were found at work in 172 of the 205 canneries
visited by the inspectors. Their ages were as follows:
5 years of age, or u n d er.. ............................................................................................ .................
6 years of age..................................................... ................... ......................... .. _. . . ____, ' . . . . ____

10
7

7 years of age........................................ ............................................................................ ..... . ..

12

8 years of age.........................................................................................................................................

13

9 years of age.............................................................................................................................. . . . . .

33
54

10 years of a g e ............................................................... ............... ...... ................................................

11 years of age..................................................... ................... ................... ............................ .............101
12 years of age.................... ........................................................... .......................... ............................ 199
13 years of age.............................................................................. ................. ...... ................. ...............312

Altogether, 1,728 children under 16 were found at work in the
canneries, so that for these factories the number of children under
14 (741) constituted 42.9 per cent of the total number of children em­
ployed. Baltimore was reached late in the season, after many of
the canneries had closed. Of 27 in Baltimore City and Baltimore
County, only 13 were in operation when visited, and 6 of these were
arranging to close in a few days. The influenza epidemic made impos
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sible the investigation of the ages of many of the Baltimore children
■found at work and believed to be under age. In the 13 factories, 62
children under 16 years of age were found at work, and 26 of this
number were under 14 years of age. Managers of 9 Canneries said
they had been employing children under 14 during the season. In
4 canneries the children ran from the inspectors. In general, the
children were working the same number of hours as the adults, but
no time records were kept except in 1 factory.
Many of the canners outside of Baltimore made no pretense of
obeying the State law. When the “ row bosses” engaged help they
had assured the parents that children of any age would be allowed to
work uninterruptedly. Some of the row bosses claimed they had
had such instructions from the canners. In one instance a letter was
produced by a row boss, signed by a canner operating a string of
canneries, authorizing him to employ children “ of any age.” These
children were sometimes employed as pieceworkers and sometimes
as time workers.
The pieceworkers included those engaged in the preparation of
fruits and vegetables—for example, peeling tomatoes, husking .com,
capping berries, etc. They were paid by the pail or whatever unit
of measure was employed—checks were given to them or cards were
punched for each pail or. measure filled. Sometimes the smaller
children, who had to stand on boxes in order to reach the peeling
table, worked with their mothers or other relatives, and their earn­
ings were added to those of the older members of the family. . Others
worked independently, and often proudly exhibited the number of
checks earned.
While the adults worked steadily, the children were all owed con­
siderable freedom in coming and going, especially those who were
imported with tneir parents and lived in the labor camps. This was
even more noticeable in the corn-husking sheds, where smaller children
were more often found than in tomato canneries. Those too small to
husk corn sometimes assisted their mothers by “ silking the com ,”
removing husks, and pushing the corn within their mothers’ reach.
The boys and girls who were time workers usually labeled cans
and rolled them down the chute and inspected cans passing on con­
veyors. Boys were sometimes employed on a time rate to do trucking,
hauling, removing skins, and general laboring work, such as carrying
baskets of tomatoes to steamers or to the peelers, and piling baskets,
cans, and cases.
The canners rarely kept accurate time records. The names of the
time workers and day laborers were frequently entered in a book, and
a mark opposite the name indicated that the individual designated
worked a day and was entitled to a day’s pay. If these records had
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been, accurately kept and in detail it would not have been a difficult
matter to compute the actual working hours of the children who
were time workers. But their working day depended upon the sup­
ply of tomatoes or cans and how the machinery was running.
No time records whatever were kept for the pieceworkers. They
were paid according to the number of cheeks or punches they had.
Sometimes children as young as 7 or 8 years were regarded as good
workers by their parents, and worked with the steadiness and speed
of adult workers. They reported that they worked all day, .begin­
ning when the cannery whistle blew in the morning and stopping
when the run of tomatoes was over, which might be early dr late.
Neither the children nor the parents were able to tell the exact hours
they worked. When the mothers worked in the evenings the children
usually worked with them; in interviewing them a difference of opin­
ion frequently developed between the mothers and children as to
which night or nights in the week they had worked after supper, and
the total number of hours they had worked on any recent day.
The average length of day in the canneries when tomatoes were
plentiful was about 10 hours. When the season was at its height
the workers not infrequently began at 6 o ’clock in the morning and
worked until 9 or 10 o ’clock at night, with half an hour off for dinner
and the same length of time for supper.
Because of the irregularity of the hours the canneries operated
and the lack of time records, it was impossible to get definite informa­
tion showing the hours the minors worked; but the inspectors re­
ported that all the 1,380 children under 16 interviewed by them
reported that they had worked more than 8 hours a day some of the
time. As the hours for minors in canneries were not regulated by
the State law and the Federal law was inoperative, this was not
illegal.
Maryland was designated under the Federal child-labor act as a
State whose legislative standards with reference to certificates or
work permits met those required by the rules and regulations.8
The cannery inspections showed that in the towns where the canneries
were located there was no uniformity in the issuance, and that the
State law was almost more honored in the breach than in the ob­
servance. How generally the law was disregarded was shown by
8 Under the Maryland child-labor law, employers were required to keep on file certificates for all children
between 14 and 16 years of age. The following evidence of age was required in the order named: (a) Birth
record; (ft) passport or baptismal certificate; (c) other documentary evidence; (d) physician’s certificate
of age, supported by a parent’s affidavit. The educational requirements for Baltimore City was completion
of the fifth grade, and for the rest of the State under the compulsory school law completion of the seventh
grade. A physician’s certificate showing physical fitness to perform the work was also required. There
were two kinds of certificates issued— (a) general, permitting a child to work during the entire year, and
(6 ) vacation, permitting a child to work during such time as he is not required to attend school. Every
child m ust be able to read and write English, hut completion of the fifth or seventh grade whs not required
for vacation permits. Except for this, the requirements were the same for both general and vacation

permits.


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the fact that 543 children between 14 and 16 years of age who could
legally qualify for certificates were employed without them, although
in each case this was a violation of the Maryland law.
Outside Baltimore, certificates were issued to the children by
physicians appointed by the county superintendents of schools,
with the approval of the State board of labor and statistics. Children
residing in Baltimore City were required to get their certificates
at the office of the State board of labor and statistics before leaving
Baltimore to go to the canneries to work. Prior to the opening of
the canning season, the State board of labor and statistics instructed
the canners, through circular letters, to notify their row bosses to
this effect. This course had been decided upon primarily because
better facilities were afforded at the Baltimore office for securing
evidence of age and consulting such previous records of employment
as existed, and for making physical examinations of the applicants.
The organization for the issuance of certificates in the several
counties in which the canneries were inspected varied greatly. In
some, considerable attention had apparently been given to this work
by appointing a physician in every industrial community. In other
counties, no attention whatever had been given the matter, and
canners not inclined to observe the law had as an excuse the fact
that they were unable to secure certificates for the children of working
age whom they desired to employ.
Ih e certificating system was probably not so well organized as in
other years because some of the physicians had resigned to go into
the Army or the Red Cross. In many communities the vacancies
caused by resignations had not been filled. Other physicians said
that it did not pay them to bother with the issuance of certificates
because they received only 50 cents for each child examined.
One canner complained of the difficulty experienced in getting the
doctors who had been authorized to issue certificates to examine the
children. He said he went to him several times and paid about $5
for the issuance of certificates, although the fee which the State paid
was supposed to be the only charge made.
1 he doctors who were issuing certificates were often not in sym­
pathy with the law. Except in a few cases, no attempt was made to
live up to the regulations. Usually they went to the canneries to
issue the certificates. No arrangements were made to have the
parent or guardian appear or to have the documentary evidence of
age required by the law presented. The fact that a cannery desired
to employ a child was often regarded as sufficient reason for issuing
a permit. Children were required, under the law, to be able to read
and write English. Several certificates were found which the child
had signed with a cross because he was unable to write his name.


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One physician issued for two large canneries in a community.
In one,of these, 12 certificates were filed, stating the children were
14 years of age or oyer. , Eleven of these children were, in fact, only
11, 12, or 13 years of age. One boy told his mother that he gave
the correct date of his birth— 1905; but when his certificate was
issued the doctor had recorded it as 1904. In the, other cannery, 14
certificates were, filed, 7 of which were illegally issued. One of the
children involved was only 11 years old, although the certificate
stated that he was 14.
In a cannery in another community, 14 certificates were filed, of
which 6 were illegally issued. Two of the children were under age,
and 4 general certificates had been issued to children who had not
completed the seventh grade. In another cannery 18 certificates
were filed, 7 of which were issued to children under 14 years of age.
One of the children when interviewed said he was 13 years old. The
certificate showed him to be 14. When asked for an explanation he
said he told the doctor he was born in October, 1904, and the doctor
recorded 1903 on his certificate. In every case “ birth certificate”
was checked as the evidence of age accepted for these certificates,
although but few were recorded with the State health department.
After the inspectprs entered one cannery in this community a little
girl was seen to run across the street, and in less than five minutes
she returned with an employment certificate which the doctor had
just issued. She said she had been unaccompanied by her parent,
had not produced any evidence of age, and no physical examination
had been made. In another community the authorized physician
issued a number of certificates to children under legal working age,
among them his own 13-year-old son. This certificate for his son
stated that he was 14 years old, and birth certificate was designated
as the documentary evidence which established his age. His birth
was registered with the Baltimore City health department, and showed
he was only 13 years old at the time the work certificate was issued.
A number of “ certificates” written on physician’s prescription
blanks by physicians who had not been authorized to issue certificates were found on file. One was as follows:
P e r m it-------— , 14, to w ork in a canning house, according to her age and capability.
Y ours,'tru ly, .
. , . . ,
......
August 13, 1918.

------ ---------—

, M. D .

Another cannery had the following “ certificate” filed:
---------- , 14 years, desires w ork in the cannery, and is ph ysically able to d o so.
------- ---------------, M. D.

A number of such statements were found on file, and in one in­
stance the canner admitted he knew they were worthless.


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Birth registration in-Maryland has been very incomplete, particu­
larly of the colored children. Many churches in the rural districts
where the children were baptized had no records. Bible records and
insurance policies, however, were usually available, and a school
census recently taken in the counties was on file in the offices of the
county superintendents of schools and served as an excellent check
in investigating the ages of children found at work.
Forms for the issuance of certificates and for filing records of
certificates issued and refused, as well as files with alphabetical
guides, Were furnished the issuing officers by the State board of labor
and statistics. These records were rarely so kept as to enable the
inspector to check up the children’s ages after inspections.
The violations of the Maryland child-labor law, which resulted in
the employment of large numbers of very young children, were espe­
cially to be deplored because the cannery camp and the canneries
were undesirable places for thè children to live and work. Some
canneries employed local help, sometimes white and sometimes col­
ored, and the children lived at home ; but many of the larger canning
factories outside of Baltimore imported their labor from other coun­
ties and near-by cities, provided camps for them to live in during the
season, and paid their transportation both ways. Italians from
Philadelphia,- Poles and Bohemians from Baltimore, and Negroes,
usually from the southern part of the'Eastern Shore; formed the bulk
of this class of labor.
While there were a great many children about all the camps visited,
these imported workers were not always family groups, especially
among the white workers. Many single men and women, and some
boys and girls unaccompanied by their parents, “ signed up” with
the row bosses.
Where both white and colored help were employed, separate quar­
ters were provided. The camps varied greatly in convenience
and sanitation, but they were usually much alike in construction.
The commonest type was two or more rows of one-room shacks about
10 feet square and 7 or 8 feet high, which were used as sleeping quar­
ters for a family. The roofs and walls were not water-tight and the
floors were often in bad repair. Usually there was only one window
in the shack, sometimes of glass ; occasionally only a wooden shutter
furnished insufficient light and ventilation. Neither windows nor
doors were screened, and the shacks were infested with flies by day
and mosquitoes by night. Occasionally one found the entire floor
of a building partitioned off into compartments with boards about
10 inches high, and each compartment was occupied by a family.
For example, at one camp one large room had been divided by
board partitions 8 inches high into compartments for six families.
Only one of these had been curtained off so that the members of the
family could have any privacy.

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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I I .

A bed or a cot was rarely found. Usually a space was boarded off
and filled with straw; the family provided its own bedding, and they
all slept together in the same bunk.
Rude fireplaces built outdoors as a rule afforded the only means
of cooking the food. These were often unprotected from the weather,
making cooking a most difficult task at times. Occasionally a
family furnished its own stove and built a rude shelter of boards
and brush over it. Tables were made by nailing boards on four
stakes driven into the ground, and benches made in the same way
were placed at each side of the table.
The camp privies, usually unscreened and insufficient in number,
were not always provided separately for the sexes, and in several
places there were none at all. Drinking water was usually obtained
from a spring or well near by, but often the workers were obliged to
carry water from a distance. With but one exception, no bathing
facilities were provided. Sometimes the general camp drainage was
poor. In several places refuse from the cannery drained toward the
camps, and the odor of decaying tomatoes was almost unbearable.
Sometimes, however, the camps were built some distance from the
canneries and the surroundings were much pleasanter.
Such camps as have been described were neither morally nor physi­
cally safe places for the children to live. Sometimes the employers
complained that they had to employ the children in order to keep
their mothers at work; and it was doubtless true that the row boss
induced many of them to come by a promise of large family earnings,
and that except for this fact the parents would have remained where
living conditions were more decent.
And the work itself, particularly in the tomato canneries, was
often ugly and dangerous for little children. Sometimes the children
■were barefooted; sometimes they wore shoes and stood for hours in
the wet refuse which drained from the peeling tables. In some
canneries, in which proper provisions for drainage had not been made,
the floors were covered to the depth of several inches with refuse,
and the workers attempted to keep dry by standing on boxes. Many
of them wore waterproof aprons. Often women and children were
found with bags, newspapers, and various substitutes for aprons
tied around them, but these crude devices did not protect their
clothing from becoming saturated with tomato juice and water. In
only a few canneries were seats provided, so that the peelers usually
had to stand constantly while they worked. Those who peeled
tomatoes steadily, adults or children, were observed to have acquired
a swaying motion of the body, and the rhythm apparently enabled
them to work long hours and still keep up their speed.
In the other occupations, such as capping, inspecting cans on
conveyors, and various jobs around the processing room, there was
danger of injury from machinery or from vats of boiling water.

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Working conditions in the corn canneries were generally more
favorable than those in tomato canneries, but there were always
physical hazards in the employment of young children for the long
hours they so frequently worked during the season.
The educational loss was serious. Some families followed cannery
work throughout the year, working in the Maryland fruit and vege­
table canneries in summer and going south to the oyster and shrimp
canneries in winter. Because of this nomadic life some of the children
interviewed had never attended school, and others were barely able to
read and write. The cannery children usually leave school in May
or early June for the berry pack and often do not return until late in
October. If the parents stay on to work in the sweet-potato
canneries of Maryland, they do not return to school until November,
as they are not compelled to attend the neighborhood schools—
indeed, they are usually not desired, as the school arrangements are
not made to include this temporary population.
A number of colored children of school age were found in one camp
adjoining a cannery operating late in October. When inquiry was
made as to why the children were not attending school, the inspector
was told that as these children were not legal residents of the county,
they were not entitled to the benefit of the money expended on the
schools.
But in localities where the help was local, children of school age
were often not required to be in school. The State board of education
granted permission to the principals of high schools to excuse boys
enrolled in these schools until October 14, 1918, provided they were
actively engaged in agricultural work or some form of industrial
war work. The recommendation was made that credits for such
work be given at the close of the year, provided that a high grade of
work had been done throughout the year. In the letter sent out by
the State board of education, it was specifically stated that this
recommendation did not apply to elementary schools. In some of
the cannery towns the county superintendents of schools seemed to
have ignored this part of the recommendation entirely and were
making no attempt to compel children from the elementary schools
who were working in canneries or on the farms to attend school.
The colored schools in these counties had made a practice of opening
late in the fall, in order that the colored children might work through
the cannery and harvest season.
While there was general complaint from the canners about the
shortage of labor due to war conditions, it seemed quite unfounded.,
except for such work as processing and the heavier jobs about the
cannery, for which men were essential. The bulk of the work in the
Maryland canneries had always been done by women and children.
The supply of women for cannery work was reported about normal,

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but the wages they demanded were higher. At the beginning of the
season of 1918, when contracts were being made for workers to go
to the camps, the women asked wages equivalent to those paid in
other industries— and in some cases in excess of what they were
earning in Baltimore—before they would agree to go to the country..
Some of the canners said that the labor shortage was not so serious a
problem as the shortage of cans.
During the summer of 1918, the food-saving campaign conducted
by the Food Administration had been turned by the canners into a
patriotic reason for violating the child-labor law. Many said that
the children were aiding effectively in winning the war by helping to
save the tomato and corn crops. Expressions of surprise at thé
inconsistency of the Government in questioning who did the work
of the canneries during the war were frequent. No official national
approval had been given to this viewpoint ; and during the period of
the war the State Legislature of Maryland had for-the first time
prohibited the employment of children under 14 years of age in
canneries. While the Food Administration did not take into account
thé labor element in its food-production campaign, and had not
sought to introduce any labor clauses in the food licenses, the War
Labor Policies Board, in which the Food Administration was repre­
sented, had voted against the employment of children under 14
years of age, and of children between 14 and 16 years of age more than
eight hours a day, or on night work. The canners could give no
reason for sayirig that the employment of these young children in
Maryland was “ necessary to win the war.” At the annual meeting
of the National Consumers’ League, held in Baltimore after the
United States had entered the war,9 the Secretary of War had given a
warning against yielding to such demands.
“ I have not the least doubt,” >he said, “ as a matter of fact, I have'
some very definite knowledge, that employers who have contracta
with the Government or with the Allies, or who make things more or
less necessary to the fife of the people, are constantly saying to them­
selves and to State enforcing agencies, and to me as Secretary of
War and as a member of the Council of National Defense: ‘ This is
not the time * * * to enforce these laws about children and
women and their hours and condition of labor; too large and moment­
ous events are moving now for anybody to stop with these things.’
That demand is being made everywhere. Now, the duty of the
Consumers’ League and of every member of it, and of everybody
who knows its philosophy and believes in it, is to set his face reso­
lutely against everything that on any pretext seeks to break down
those barriers which we have set up, through years of patient labor,
against the enervation and dissipation of the child life and of the
‘ Industrial Liberty in Wartime. Address of the Hon. Newton D . Baker, Secretary of W ar, at the,
eighteenth annual meeting of the National Consumers’ League, Baltimore, Nov. 14,1917


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G ENER AL IN S P E C T IO N S .

1 0 fi

woman life and of the man life of this country. * * * Yon
have an opportunity to be explicit in teaching and impressing the
lesson that we can not afford, when we are losing boys in France, to
lose children in the United States at the same time.”
Massachusetts.
When the inspections in Rhode Island, which had been under­
taken before the United States child-labor law had been, declared
unconstitutional, were completed, the officers of the division had
been last inspecting in the Blacks tone Valley, and their work was
extended along that river into Massachusetts and later into other
parts of the State. The minimum age and hour standards in Massa­
chusetts were the same as those of the Federal act, except for a
difference of an hour and a half in the time when children were pro­
hibited from working.10 There were also special provisions for seats,
lunch hour, and for the protection of the health of women and young
people. In addition, the State law contained a list of prohibited
occupations for children under 16, and it required completion of the
fourth grade in school for a general certificate (but not for a vacation
permit), and an examination to prove physical fitness for the work
contemplated before a 14-year-old child could secure a work permit.
In Boston, where children between 14 and 16 years of age were
required to attend continuation school, the enrollment in this school
was a part of the regular certificating routine. The proof of age
required under the Massachusetts law was substantially the same as
that laid down in regulation 2 of the Federal rules and regulations,
except that a school record of age was preferred to a physician’s
certificate of physical age.
Employment certificates were issued by the superintendent of
schools or by a person authorized by him in writing; where there was
no superintendent, by a person authorized by the school committee.
But in Massachusetts, as in other States in which the carrying out of
the law has been intrusted to local officers, the inspections showed
quite different administrative practices in spite of the legislative
standards laid down for the whole State. In the larger cities and
industrial towns the issuing of certificates was carefully and accurately
done, so that the largest number of children who were going to work
were protected. But the smaller industrial towns of Massachusetts
are by no means unimportant.
,
In most of the towns visited the superintendent himself, or an
attendance officer, or a clerk in the office of the superintendent or
attendance officer, was issuing the certificates. In one town a school
physician, and in two towns janitors, were authorized by .the super­
intendent to issue certificates. In two others this work was being
10

Massachusetts prohibition was from


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6

p. m . to 6.30 a. m .

The Federal one was from 7 p . m . to 0 a. m .

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FIRST FEDERAL CH IL D -L A B O R L A W -----PART II.

done by members of the school committee. As might be expected,
the janitors were doing the work in a quite unsatisfactory manner,
using the wrong forms, and not requiring birth records or other
documentary proof of age. One superintendent employed a clerk
for $5 a week to issue certificates during his absence from the city.
The clerk made a $5 a week job of it. But the janitor and the under­
paid clerk were not the only ones who did the work carelessly. One
superintendent saw no harm in allowing a boy to work while his age
was being investigated; he therefore encouraged the practice, although
it was contrary to the State law. Another disregarded the evidence
of age required by law and issued on the school record in almost
every case. He had little respect for documentary evidence and
said he could tell the ages of children by their hands. While not
claiming this power, other superintendents were not securing the
best proof of age. Inspectors found many certificates issued on
school records or physician’s certificates when contemporary family
records and framed baptismal certificates were found in the homes of
the children. Some certificates were made out in pencil and given
to the child to present to the employer. Such records could easily
be changed and some instances were reported where this had been
done.
As no minimum standards or suggestions for judging physical age
had been adopted by the State, the superintendents, with good reason,
placed little faith in the physician’s certificate of age. One physician
said he always certified to the age the child gave. Even in the
largest cities the examination for physical fitness was hurried, and
very few children were refused certificates on this test. One school
physician who found defects in a very large percentage of the children
lie examined was much concerned over the failure to require the
correction of defects before certificates were issued. While certifi­
cates were given for specific occupations, the issuing officers had
little if any information with reference to prohibited occupations;
and whether the children were or were not illegally employed was
usually regarded as the business of the employer and the factory
inspectors only. Sometimes, however, rulings were made by the
local superintendents. Thus, one superintendent was refusing to
issue permits for boys under 16 to work as heaters and passers in
the shipyards, holding that it was work on a scaffolding and there­
fore prohibited by law, although the commissioner of labor had
ruled the other way.
In the course of the inspections in Massachusetts, 98 factories in
30 cities and towns were inspected. Most of these inspections were
made in textile mills, including woolen, cotton, linen, hosiery, bleach­
ing and dyeing, and finishing; but some were made in establishments
manufacturing shoes, corsets, wooden-box shooks, knives, envelopes,

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G E N E R AL IN S P E C T IO N S .

optical goods, and other articles. Altogether, 2,375 children under
16 years of age were found at work, and there were no certificates on
file for 221. Of those on file, 192 were not in accordance with the
requirements of the State law, the most common irregularity being
the failure to indicate the kind of evidence on which the certificate
was issued. Violations of the Massachusetts law other than failure
to have certificates for all children between 14 and 16 years of age
were found in the course of the inspections.
T a b l e V I I I . — Number o f m ills and factories inspected in Massachusetts between June 3 ,

and September 5, 1918; and number o f children em ployed in violation o f Federal and
State age and hour standards in these m ills and factories, by industry.

Industry.

Mills and
factories
in­
spected.

Children employed in violation of
Federal and State age and hour stand­
ards.

Age.

Federal.

Hour.

State.

Federal.

State.

Total.................................. ...............................................

98

16

16

2

2

3

3

Opticalgoods........................ , ................................................. ..
Felt goods.............................. .'...................................................
Bleaching, dyeing, and finishing textiles........................

40
29
4
4
4
3
3

1

1

4

4

10

10

2
2
1

5

5

-

£

1

i

6

1

1

Celluloid goods..........................................................................
Corsets..........................................................................................
K n it goods..................................................................................
A ll other industries 1 ...............................................................

172

163

77.
48
15
16

76
45
1%

1 A ll other industries embrace: Wooden-box shooks, 1 establishment; suspenders, garters, and elastic
woven goods, 1 establishment- cutlery, 1 establishment; envelopes, 1 establishment; not finished leather
goods, 1 establishment; miscellaneous, 1 establishment.

As Table VIII shows, there were 16 children under 14 years of
age employed. Four of these were 12, and twelve, 13 years of age.
There were also 172 children under 16 years of age who were em­
ployed more than eight hours a day, if the hours are computed in
accordance with regulation 6 of the Federal rules and regulations; i. e.,
from the time the child begins employment until he leaves off work
for the day, exclusive of a single continuous period off. Using the
Massachusetts method of allowing more than one period to be counted
as time off, 168 children under 16 years of age were working more
than the legal eight-hour day.
In one mill a 12-year-old boy was helping his mother piece up ends.
The mother claimed that she brought the boy to the mill to keep
him out of bad company, and the boy stated that he had the issuing
officer’s approval. This the issuing officer denied, and the superin­
tendent of the mill said that the younger brothers and sisters of the
employees came into the mill and that he had been unable to prevent
this practice under present conditions. He assured the officer of
the Child-Labor Division that these children did not work; but he

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FIR ST FEDERAL C H IL D -L A B O R L A W — PART I I .

said, the same regarding the boy found at work with his mother.
Massachusetts employers are accustomed to inspections and generally
realize the futility in the long run of hiding children, as well as the
effect such a policy has on the courts. Still, in one mill the inspector
was kept waiting about 10 minutes before being permitted to begin
the inspection. She was later told by a boy under the legal working
age, whom she interviewed in the factory, that 12 children had been
sent out by the “ bosses” that morning to get their certificates.
Another inspection was made several days later. This time the
inspector went to the factory without applying at the office, and two
of the underage children were apprehended.
In one textile mill 27 children under 16 years of age were found
working 8§ hours a day.11 The superintendent of the mill gave as an
excuse the shortage of labor and said he had been required to work
them for longer hours for two weeks prior to the inspector’s visit.12
The period of their employment for longer hours was verified by the
time-book records.
In another mill the posted hours showed an eight-hour day for
minors. The time books showed that the boys were employed for a
longer period. When asked for an explanation, the foreman said the
hours had been increased after the vacation began; that the orders
came through the office. The manager had previously explained at
some length to the inspector the unfair competition from which
Massachusetts manufacturers suffered because of their high labor
standards.
The occupations in which children under 16 were found employed
varied greatly. In textile mills they were employed at the usual
occupations of spinning, doffing, weaving, spooling, twisting, reeling,
winding, sweeping, cleaning, oiling, roping, weighing yarn, carrying
yarn, bobbins, and filling; specking, burling, examining, doubling,
steaming bobbins, and errand service; tending or running folder,
speeder, gill box, calender, and drier.
In the manufacturing of optical goods children were found japan­
ning, nickel plating, sorting, pasting, soldering, bending guards, label­
ing, wiping lenses, gauging, edging, polishing, cutting glass, counting
stock, inserting and removing screws, washing gold, mounting eyes,
covering cases, etc.
.
______ n The inspector obtained proof of age for 24 of these; certificates on file for the remaining 3 showed tlioy
were under 16.
.,
„
is After the declaration of war by the United States, Massachusetts provided for a V ar Emergency Indus­
trial Commission with authority, on application of an employer and after a hearing by the commission,
to grant a permit to an employer authorizing him to suspend the operation of any of the laws regulating
the employment of labor provided it was shown at the hearing that the work to complete which the em­
ployer asked the suspension was “ required by an emergency arising out of the existing state of war.
-No such permits had been granted this employer, nor were they granted b y the commission to any em­
ployer seeking suspension or modification of the State child-labor laws during the v, ar.


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GEN E R AL I N S P E C T I O N S .............

409

In tlie manufacture of celluloid goods children were packing and
nesting, running drier, pointing pins, stacking, dipping, drilling, and
polishing buttons, beveling, reaming, and doing odd jobs.
In the manufacture of leather shoes and goods children were
stitching, finishing shoes, cementing, soles, punching holes, trimming,
sticking nails, heeling, sorting, sizing, matching, pulling tacks, hob­
nailing, brushing shoes, finishing bottoms, grooving welts, blacking
soles, shellacking, slugging heels, and engaged in errand and clerical
service. In one factory a boy under 16 was employed, at a machine
stamping leather.
.
In the manufacture of corsets children were, tending power ma­
chines, boning, steel setting, stitching, boxing, examining,, cutting,
marking, tacking lace, lacing, running errands, and doing odd jobs.
Twenty-six factories and 3 shipyards were inspected in Massachu­
setts in the first four months of 1919, in connnection with the enforce­
ment of the child-labor contract clause.13 Of the factories14inspected,
which were located in 21 towns, 8 were engaged in the manufacture
of woolen goods; 4 made narrow fabrics and. elastic webbings; 5 made
rubber goods; 1 was a cotton mill; 1 a bleachery; 3 made felt goods; 2
manufactured shoes; 1 was a men’s clothing establishment; and in 1,
shock absorbers were made.
One child under 14 years of age was found employed in a webbing fac­
tory and 1 in a shipyard. Six violations of the Federal and State hour
standards were found in 3 factories. As in the earlier Massachusetts
inspections the most common violations were in connection with
provisions of the State law relating to certificates. Twenty-eight of
the 603 children under 16 years of age interviewed in the factories
and 11 of the 62 children under 16 years of age at work in the ship­
yards had no certificates. They had given their ages as 16 when apply­
ing for employment and were put to work without further inquiries.
New York.
Before the United States child-labor act was declared unconstitu­
tional arrangements had been made with the New York Industrial
Commission for cooperation in the inspection of the New York can­
nery districts, where convictions of employers violating the State
labor laws were difficult to secure before local magistrates. This plan
gave no relief to the New York situation after the act was declared
unconstitutional and it was therefore abandoned, but some inspec­
tions were made in November and December of 1918.
The standards of the New York child-labor law were higher than
those of the Federal act. The minimum age of employment in fac­
tories was 14; but before a work permit was given a child he had to
prove 130 days’ school attendance during the 12 months prior to his
is Seo p. 140.
In only 3 of those had previous inspections been made.

m


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fourteenth birthday or to the date of application for a permit, and
completion of the eighth grade or its equivalent if over 14 and under
15 years of age, or of the sixth grade if over 15 and under 16 years
of age.15
The hour standards of the New York law were also higher than
those of the Federal, for in addition to prohibiting the employment
in factories of children under 16 years of age more than eight hours a
day, or six days a week, it provided that they could not be employed
before 8 a. m. or after 5 p. m.— a very much better provision for the
child than that found in the Federal law, and administratively helpful
in the enforcement of the eight-hour limitation.
The certificates or work permits were issued by the local boards of
health subject to supervision by the industrial commission. This
supervision had consisted in the past mainly of the requirement of
semimonthly reports giving the names of all children to whom cer­
tificates had been issued, duplicate records of the physical examina­
tion of children either passed or refused, and the kinds of evidence of
age accepted; the approval of forms for cities of the first and second
class; and the furnishing of blank forms in all other cities and towns.
Boards of health were required to make weekly reports to the local
superintendents of schools of the names and addresses of children
granted or refused certificates, and the reasons for the refusals; and
the State commissioner of education had authority to supervise the
work of the local superintendents in the issuance of the educational
certificates. The law thus looked to general cooperation between
the health, education, and labor departments in its enforcement.
The evidence accepted as proof of age under the New York statute
was substantially the same as under the Federal regulations- a birth
certificate, a passport, a certificate of baptism, other satisfactory
documentary evidence, and if documentary proof of age could not be
obtained, a physician’s certificate of. age. Two physicians of the
public-health department were required to certify to the children s
age; and if they disagreed, a third physician must decide.18 In order
that this method of establishing the age of children should be resorted
to only when more reliable evidence could not be procured, the law
provided that the parent must file a written application for physicians’
certificate, and this application must be held for examination for a
period of 60 days. As there was no provision in the New York law
for revoking certificates upon the discovery of better evidence of age,
and no Way of surely locating the child if such evidence was dis­
covered, inasmuch as the New York law did not require a new cer­
tificate with each change of employment, this requirement that a m
is The law adopted in 1918, permitting children who had not competed the sixth or eighth grade in school
to work on vacation permits, applied only to mercantile establishments and business offices,,and not to
factory employment.
16The provision as to physicians* certificate applies to cities of the first class only.


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I ll

period of 60 days should pass is very important. Medical examina­
tions to determine physical fitness and the correction of physical
defects discovered were also required under the New York law before
certificates could be procured.
.
Seven cities and towns, including Albany, Buffalo, Kendall, New
York City, Rochester, Syracuse, and Troy, were visited by inspectors
of the Child-Labor Division in company with the State inspector, and
138 factories were inspected. As a rule, the State inspectors con­
tinued their regular route in the block system of inspection which had
been adopted in New York State. This meant that there was no
selection of the important child-employing industries, and that many
very small shops were covered. In 95 of the 138 establishments
visited no children under 16 years of age were employed; and in only
17 was the total number of employees 100 or more.
The establishments inspected included a variety of industries.
The largest number in any one industry was 51 clothing factories;
there were also 7 textile mills manufacturing silk, cotton, and knit
goods; 6 factories making pearl buttons; 3 bakeries; 3 cigar, 3 infants’
shoes, and 3 candle factories; 12 printing, publishing, bookbinding,
and engraving establishments; 6 engaged in the manufacture of
machine shop and foundry products (including the manufacture of
aeroplane and automobile parts) ; 3 were making electrical apparatus
and supplies ; and the remainder were miscellaneous establishments,
including a brewery, laundry, bottling works, cider mill, and estab­
lishments engaged in evaporating fruits, dyeing and manufac­
turing fur goods, manufacturing badges and buttons, perfume and
toilet articles, upholstering, cleaning hats, pulverizing cheese, etc.
Six wholesale mercantile establishments were among the 138 inspec­
tions made.
In the course of the inspections in New York 3 children under 14
years of age were found at work and 31 between 14 and 16 years of
age were found working more than eight hours a day, as Table 1 17
shows.
There were on file certificates for 115 children between 14 and 16
years of age. One child under 16 was cutting candles at a circular
saw, and one under 18 was working at an emery wheel, both in
violation of the State law. Seven of the children employed more
than eight hours a day were working in textile mills, 3 in the manu­
facture of candles, 2 of electrical apparatus, 1 of pearl buttons and of
toilet articl es, and another in a printing establishment. The industries
in which the largest numbers were employed without certificates
were the textile mills, clothing, paper, and candle factories.
The occupations in which the children under 16 were employed
varied. In the manufacture of ready-made clothing they worked
* Appendix I, p. 172.


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as operators of sewing or button machines, markers, exanrriers,
inspectors, counters, basting pullers, folders, notchers, helpers in
cutting room, and errand service. In the manufacture of candles
children were employed pulling, knotting, and cutting wicks; molding;
cutting candles; packing and stenciling boxes; and errand service.
In textile mills children were spinning, weaving, winding, doffing,
reeling, helping in weave room and shipping room, and working as
stock clerk and spare hand. Some were employed in miscellaneous
jobs such as drilling holes in pearl buttons, bottling soft drinks and
oils and labeling bottles, rolling cigars, shaking and catching clothes
in a laundry, and soldering, assembling parts, packing, and general
utility work in the manufacture of electrical apparatus.
North Carolina.

In the western district of North Carolina, one of the most important
textile districts in the United States, an injunction was granted by
the United States district court on August 31, 1917, restraining the
United States attorney from enforcing the Federal child-labor law.
In order to meet the requests of their customers, a number of the
m i lls desired to give the guaranty prescribed in the act;, and for this
reason the issuing of the Federal certificates of age was continued in
the district until the decision of the Supreme Court was rendered on
June 3, 1918, but only one inspection was made in the western district
prior to that date.
The child-labor standards established by the laws of North Carolina
prohibited the employment of children under 13 years of age in any
factory or manufacturing establishment. It permitted the employ­
ment of children between 12 and 13 years of age as apprentices only
if the employer kept on file statements of their ages signed by their
parents, and certificates showing they had attended school 4 months
of the preceding 12.18 No children under 16 could be legally em­
ployed in North Carolina between 9 p. m. and 6 a. m. There was no
regulation of the hours of work beyond the general limitations which
restricted the hours of all employees to the 60-hour week and the
11-hour day.
18 A law enacted in 1919 prohibits the employment of children under 14- years of age “ except in cases and
under regulations prescribed by the State child-welfare com m ission.”
This commission, by a ruling of August
6,1919, provided that girls should not be employed under 14 years of age, hut that boys 12 and over could
be employed outside school hours and during vacation on permit from county superintendent of public
welfare. The act does not limit the hours of work for children between 14 and 16 years of age. The measure
passed had the support of manufacturers. A t thé annual meeting of the Cotton Manufacturers’ Association
of North Carolina, which was held at Asheville, July £-6,1918, among other resolutions adopted was one
beginning: "W hereas the North Carolina Cotton Manufacturers’ Association is on record as advocating
the passage of a 12-year compulsory school law, which is now in effect, and has previously recommended
that the age limit for compulsory education should be raised to 14 years” (the compulsory limit had been
raised to 14 in 1917; Acts of 1917, ch. 208); and continued with a resolution * * * “ that it is the sense of
the association that the school term m ay be made six months instead of 4;” * * * “ that no boy or girl

under 14 years of age shall be employed or worked in any factory or manufacturing establishment in this
State; and that no boy or girl under 16 shall be employed or worked in any m ill, factory, or manufacturing
establishment in this State, between the hours of 9.30 p. m . and 6 a. m .” (Southern Textile Bulletin, VoL
X V (July 11,1918), p. 4, Charlotte, N . C.)


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During the summer of 1918, just after the United States childlabor act had been declared unconstitutional, 53 mills and factories
in 12 different localities situated in both the eastern and western
districts of North Carolina were visited by officers of the Child-Labor
Division of the Children’s Bureau. In some instances the officers
were detained in the mill or factory office until many of the children
had been sent home and in others the children ran or hid as the
officer approached, so that all the children employed in the factories
visited were not interviewed. Occasionally objection was made
by the management to the inspection, and acting under instructions
the officers of the Child-Labor Division did not press the matter.
Of the 53 mills and factories inspected, children were employed in
violation of the State law in 47 factories and in violation of the
Federal standard in 52. In the inspection of 109 mills and factories
made in North Carolina prior to June 3, when the United States
child-labor law was operative, 50 were found violating the Federal
standards. Prior to June 3, 95 children under 14 years of age were
found employed in 30 of the 109 factories inspected. Table. IX
shows that in the 53 factories inspected after June 3, 622 children
under 14 years of age were found at work, and 430 were employed
in violation of the age provisions of the North Carolina law.. Ninetyone of these children were under 10 years of age— 2 were only 5 years
of age, 9 were 6 years, 9 were 7, 28 were 8, and 43 were 9, years of age,
I X .— Number o f m ills and factories inspected in North Carolina after June 8,
1918, and number o f children employed in violation o f Federal and State age and hour
standards in these m ills and factories, by industry.
.

T able

Children employed in violation of Federal and State age and
hour standards.
Industry.

Mills and
factories
inspectai.

Hour.

Age.

Federal.*

State.2

Federal.8

Night work.

State.4

Federal.5

State.6

T o t a l . . .. ...................... ..........

53

622

430

1,092

■ ■ 12

25

25

Cotton goods....................................
K n it goods........................................
Other textile goo d s.......................
Tobacco (ineluding stemmed
■ and assorted tobacco)................

23
12
1

227
140
1

151
86
1

450
262
2

9
1

13
12

13
12

10
4
2
1

185
37
20
12

148
18

261 75
26
16

2

M en’s clothing............ ......................

11

1 Under 14'years o f age.
3 Under 12 years of age, and under 13 years of age without certificates.
• 8 Between 14 and 16 "years of age working over 8 hours- a day or 48 hours a week.
4 Between 12 and 16 years of age working over 11 hours a day or 60 hours a week.
6 Between 14 and 16 years of age working after 7 p. m . or before 6 a. m;
* Between 12 and 16 years of age working between 9 p. m . and 6 a. m .

Change from the eight-hour to the long day for the North Carolina
children followed promptly the decision that the Federal law was un1 83106°— 21------ 8


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constitutional, and the employment of children under 14 years of age
was greatly increased. In the mills and factories visited the children
were usually employed the same number of hours as the adult workers.
In one cotton mill in whieh, when inspected in November, 1917, no
violations of the Federal standards had been found, the inspection
made on August 6, 1918, showed 17 children between 9 and 14 years
of age and 15 children between 14 and 16, all working 11 hours a day.
In another mill inspected on December 20,1917,1 child under 14 years
of age was at work, and the children between 14 and 16 were working
only 8 hours a day. On August 8,1918,25 children from 8 to 14 years of
age" and 49 between 14 and 16 were working 11 hours a day. In a
knitting mill inspected on May 9, 1918, no violations were found. On
August 1, 8 children from 12 to 14 years of age and 14 between 14
and 16 were working 11 hours a day. In a large tobacco factory,
where records for 326 children were reported to be on file at the time
the Federal law was declared unconstitutional, the superintendent
said that all the children in the factory were at the time of this in­
spection working 10 hours a day, and that many of the children who
had been refused Federal certificates prior to June 3, because evidence
that they were 14 or over could not be furnished, were now being
employed. The superintendent told the inspector that he had State
certificates which had been issued since June 3,1918, for 150 children
who were 12 and 13 years old. A complete inspection was not made
of this factory, but 18 of these children were interviewed and are
included in the totals given.
T a b l e X .— N u m b e r o f m i l l s a n d f a c t o r i e s
1 9 1 8 , a n d n u m b e r o f c h ild r e n

e m p lo y e d in

sta n d a rd s u n d e r 1 0 y e a r s o f a g e in

in s p e cte d

in

v io la tio n

o f F ed e ra l a n d S ta te a g e a n d h o u r

N o r th

th ese m ills a n d fa c t o r ie s ,

C a r o lin a

a fter

J u n e

3,

b y in d u s tr y .

Children under 10 years of age employed.
Industry.

factories
inspected.

Total.

Male.

Female.

W hite.

Colored.

19

91

56

35

45

46

8
5
4
1
1

20
10
54
1
6

13
5
35
1
2

7
5
19

20
10
8
1
6

46

4

Table X shows by industries the sex and color of the children
under 10 years of age found at work in the course of these inspections.
The 45 white children employed were distributed among all the
different industries inspected, although the largest number were in
the cotton mills. The 46 colored children were all working in tobacco
factories.
The hours of the 91 children under 10 years of age employed
in the factories visited were often very long. Thus, 1 was working

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12 hours, 13 were working 11 or between 11 and 12 hours a day, 58
were working 10 or between 10 and 11 hours a day, 6 were working
9 or between 9 and 10 hours a day, and the remainder, 8 hours or
less. One 9-year-old girl, who was helping her mother thread ten­
sions at a mill, worked 11 hours in the mill with her mother on
August 8, 1918; she returned to work at night, and her father said
she would be there until perhaps 9.30 or 10 o’clock.
In the mills which were found working day and night shifts, 25
children under 16 years of age were employed on the night shift.
The employment of children under 16 after 9 p. m., it should be
remembered, was contrary to the State law. Two brothers aged
12 and 9 were found helping an older sister on alternate nights at one
mill. On the night the inspector visited this mill, the 12-year-old
boy was observed pushing a truck of bobbins around the spinning
frames; later the same night he was found asleep on his bobbin
truck.
The mills inspected that were doing night work ran continuously
from Monday morning to Saturday noon. In these mills the pay
rolls showed that the employees worked 12 hours for 5 nights, or
66 hours a week, which was the usual working week for the day shift.
Children who were found at work in violation of the law of North
Carolina were employed in cotton and hosiery mills, in tobacco, paper
box, men’s clothing, and furniture factories. The occupations in
which they were engaged varied greatly. In the cotton mills chil­
dren as young as 10, 11, and 12 had regular jobs as doffers, spinners,
winders, quill boys, spoolers, banders, and sweepers. The very
young children, aged 8 and 9 years, who came in with an older brother
or sister, parent or neighbor, were found assisting in the spinning
and spooling. They put in the bobbins, pulled ddwn ends, threaded
tensions and shuttles, or filled batteries in the weave room.
In the hosiery mills children as young as 11,12, and 13 sometimes
had regular jobs— topping, knitting, labeling, looping, pairing, and
folding. Still younger children, 8, 9, and 10 years old, helped by
turning socks, tying bundles, clipping, and threading tensions.
The top of a sock is knit b y on© machine and the lower part by
another machine. Before the top is put on the second machine it
must be put over a disk and raveled back. In the factories inspected,
toppers were often assisted in this operation by very young children.
The 7 tobacco factories which employed 148 children under 12 years
of age, or 12 years o f age without certificates, were the worst offenders
against the North Carolina law. Children from 5 to 14 years of age
were found working at stemming, tying, tagging, capping, tucking,
and packing. They also caught the packages off the belts, and spread
the tobacco. A child of 5 was found stemming and sorting leaves in
one of the large tobacco factories inspected.

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In the furniture factories boys 10,11,12, and 13 were found working
regularly at gluing, sanding, staining, tailing, packing, chucking, and
driving dowell pins. One boy of 6 years was “ helping’ - in the factory
and running errands.
In the paper-box factories, boys and girls 10 to 13 years of age were
at work tying, tucking, lidding boxes, and pasting. In one of the
men’s clothing factories inspected, a 12-year-old child ran a button
machine, and 7 children, 1 as young as 7, were clipping threads.
The management reported that during the period when the Federal
child-labor law was in force it had been found necessary to use old
women for this work.
Some of the young children employed in violation of the State law
were on the pay roll and were given individual pay envelopes. Chil­
dren as young as 10 years were found on the pay roll in one mill;
and in others children as young as 10 and 11 years received individual
pay envelopes. The wages of most of the children employed in
violation of the State law were put in the pay envelope of an older
sister or brother, or an older employee who was paid by the piece.
Sometimes this older person himself hired and paid the child who
assisted him. At one cotton mill a 10-year-old child who worked as a
sweeper had his pay put in the envelope of a 12-year-old brother.
In. a men’s clothing factory a 9-year-old girl drew the pay for herself
and her 7-year-old sister, both of whom worked the same hours as
the “ big” girls. In the same factory a 10-year-old girl received
her pay in the envelope of a 12-year-old sister whose name was on
the pay roll. At one mill, 8 children ranging in age from 9 to 12
were employed as battery fillers by weavers who were not always
relatives of the children.
In North Carolina little if any attempt was being made by many
of the mills to keep children not at work out of the factory building.
As a result, the number of children about a mill was often larger than
the number employed; but the officers of the Child-Labor Division
made no attempt to obtain a record of those not observed at work.
Children were sometimes encouraged to come with their mothers and
remain at the factories so that the labor of the mother might be
utilized. One manager said that, while he did not offer any induce­
ment to the children to come into the factory building, he did
nothing to keep them out. The superintendent of a tobacco factory
reported having hired a woman since June 3, 1918, who had been
forced to stay at home to care for her children when the Federal childlabor law was operative. After it was declared void the mothers
brought the children to work with them; and according to the
superintendent, the. children slept curled up under the benches,
sometimes all morning. A t one factory, where seven very young
children were employed clipping threads, the manager said they did

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117

not work much during the day but played about the factory and
occasionally went down into the yard to play. Some of the managers
complained of the presence of these small children who did not work.
Under efficient factory management they would have been excluded
because of the danger of accidents, because of the confusion they
created, and because of the slight production capacity of those who
did work. For their own sake they should have been excluded
on other and much more important grounds.
It has been frequently said in this report that a good certificating
system is the most effective means of enforcing a child-labor law.
Unless the evidence of age is carefully canvassed, an employer who
desires to obey the law can not be sure that he is doing so. The
certificating provisions of the North Carolina law were entirely
inadequate, and, unfortunately, not even the few requirements of
the State law were being observed in 1918.
In no factory inspected were the certificates required by the North
Carolina law kept on file for all the 12 and 13 year old children.
One mill manager who was quite familiar with the certificating
requirements under the Federal law had never heard of a State
certificate. The manager of another said that he was trying to
maintain a 12-year-old standard in his mill, and that he had State
certificates on file for all the children in his employ. On checking
over the names of the children employed it was found that there
was a State certificate on file for only 1 of the 30 children employed
on that date. He had, however, a number of State certificates f6r
children who had formerly worked at the mill but had left. At
another mill there were no certificates on file for children employed
at this mill at the time of the investigation, but some old certificates
issued in 1914 were submitted to the officers of the Child-Labor
Division. One cotton mill and one box factory had forms which
they said they intended to use. These provided for the parent’s
statement of the child’s age and his attendance at school at least
4 months in the preceding 12 months. However, none had been
filled out for the children employed. One tobacco company used
a similar form, and certificates of this sort Were on file for a few of
the 12-year-old children employed.
In none of the factories visited was there found a statement or
certificate issued by the local educational authority, showing that
the child had attended school 4 months in the preceding 12. In
only one was there any recognition that the statement to the effect
that the school-attendance law had been complied with should be
obtained from the school. In this mill the management stated that
the teacher of the mill school had been instructed to leave the attend­
ance book at the mill; but when the overseer was asked by the
management to produce it, the book could not be found.

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Records for public schools in the country and mill schools are
often very poorly kept. In one town many children whose names
appeared on the school census could not be found on the attendance
records. Because of the incompleteness of the records kept, the
conclusion that the large number not enrolled had never attended
the school was not warranted. It was equally impossible to conclude
that they had attended the four months required by the law of
North Carolina.
The number of children under 14 who were put to work for long
hours as soon as the Federal law was declared unconstitutional was
perhaps no larger than might have been expected. No regular
inspections were being made under the State law. While a few
manufacturers are always ready to violate any law, this number
increases rapidly if those who violate go unpunished, for the manu­
facturer who prefers to keep the law finds it increasingly difficult to
do so. The standards of the North Carolina law were low, but the
lack of enforcement was even more serious. Although there was a
State commissioner of labor and printing, the enforcement of the
child-labor law was given to the county superintendents of schools,
who were provided with no funds for factory inspection. Without
the approval which special provisions for funds would have given,
it was impossible for local officers to attempt enforcement of the
law. In the past, the manufacturers of North Carolina had opposed
State factory inspection; therefore it was encouraging that at the
meeting previously referred to 19 the North Carolina Cotton Manu­
facturers’ Association recommended a new child-labor law for North
Carolina and urged that the law should “ contain such provisions
as are necessary to enforce and make effective said law.” 20
Ohio.

The Ohio child-labor law of 1913 set a new standard in child-labor
legislation. It established a minimum working age of 15 years for boys
and of 16 years for girls and an educational minimum which required
completion of the sixth grade for boys and the seventh grade for girls.
It prohibited the employment of boys under 16 and of girls between
16 and 18 more than 8 hours a day, 48 hours a week, or 6 days a week,
or between 6 p. m. and 7 a, m.; the employment of boys between 16
19 See p. 112, footnote 18.
s* The enforcement of the law enacted in 1919 was given, after much discussion, to the State child-welfare
commission, composed of the State superintendent of public instruction, the secretary of the State hoard
of health, and the commissioner of public welfare. The law also gives to the commission a power which
m ay be used to defeat the whole purpose of the act; namely, the power to decide cases and prescribe regula­
tions for the employment of children under 14 years of age. The agents appointed by this commission
are given power to enter and inspect all establishments coming within the scope of the act. The act also
leaves to the com m ission the decision as to the form, conditions under which, and persons by whom, the
certificates of age shall be issued. Supervision of the enforcement of the compulsory-education provisions
cfthe act is similarly lodged with the State board of education, so that it is now possible for North Carolina
to avoid the confusion from which so m any States are suffering because of the complete decentralization
in the issuance of certificates and enforcement of compulsory school-attendance laws.


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GENERAL- INSPECTIONS.

119

and 18 after 10 p. m. was also prohibited. A preliminary examina­
tion to establish physical fitness was required before a. child could
get a work permit;, and these permits the law required must be
secured and kept on file by the employer for boys of 15 and for girls
between 16 and 18 years of age. The Ohio statutory standards were
therefore much higher than the standards set b y the United States
child-labor act of September 1, 1916. or than those adopted by the
War Labor Policies Board.
Ohio inspections made by the Child-Labor Division during June,
July, and August, 1918, were confined to the glass and pottery in­
dustries along the Ohio River from the East Liverpool district to
Wheeling and west to Columbus and Cincinnati, one of the most
important centers for these industries in the United States. In their
work the Federal inspectors had the cooperation of the State factory
inspector, and they made a report to him of the, children whom they
found employed.
The glass factories in this district were manufacturing bottles,
food containers,, tumblers, and other tableware, druggist glass,
magnifying glasses, automobile lenses, lantern and lighting globes'
and art glass for churches and public buildings.
The Ohio pottery district is one of the oldest and most important
in the United States. China tableware, stoneware jars and cooking
utensils, electrical and chemical porcelains, vases and art potteries,
heavy sanitary ware, floor and wall tiles are all produced in potteries
which vary much in size, number of employees, and general condi­
tions.
In 81 of the 95 plants inspected, violations of the State child-labor
laws were found. As tbe State standards, were higher than the
Federal, there were fewer violations of Federal standards; still, in
62 establishments (65 per cent of the. entire, number inspected) there
were violations of the Federal age and hour standards. The youngest
child found at work was 8 years old, another was 9, 2 children were
10, 12 were 11 years old, 12 were 12, and 71 were 13 years old, making
a total of 99 children under 14 employed in violation of the Federal
age standard. The State standard was further violated by the em­
ployment of 173 boys and girls 14 years old and 55 girls 15 years
old, making a total o f 327 found at work who were below tbe mini­
mum age limit fixed by the Ohio State law.
Illegal overtime employment was also common. The Ohio law
prohibited the employment in factories, etc., of boys 15 to lb years
of age more than 8 hours a day, or before 7 a. m. or after 6. p. m.,
and o f boys between 16 and 18 after 10 p. m. Girls under 18 wore
restricted to an 8-hour day, and employment between 6 p. m. and
7 a. m. was prohibited. There were 172 children under 16 years of
age who were employed more than 8 hours a day in violation of the


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Federal standard, and 63 girls between 16 and 18 years of age who
were employed more than that number of hours in violation of the
Ohio law. There were 100 children employed at night in violation
of the Ohio law; only 48 of these were under 16 years of age and so
covered by the Federal standards.
The violation of the night-work standards established by the
State law was most frequent in the glass factories, where boys of 16
and 17 years of age worked after 10 o ’ clock on the late night shift.
The glass factories were running regularly at night at the time the
inspections were made, and in most of them there was apparently
no effort to keep the younger boys off the night shifts. Every other
week, or every third week, according to the arrangement of shifts
and hours in the individual factory, the boys took their turns with
the other workers. The numbers given above, therefore, do not
represent the entire number of boys who were doing night work, but
only those on the night shift at the time the inspections were made.
In a few places the management recently had replaced the boys with
colored women, so that the younger boys had been eliminated.
Among the potteries, violations of the 8-hour day were also fre­
quent. A 9-hour day was common in the tile works, and in some
departments of both glass and pottery factories the children were
net dismissed at the end of 8 hours. Very long hours of overtime
were less frequently found. However, one small boy was found
still running to the leer with his regular loads of hot ware after he
had been at work 17 out of the 24 hours. He had begun at 7 in the
morning of the preceding day and had had an hour and a quarter off at
noon. His shift quit at 4.45 in the afternoon, but the next shift was
one boy short, so this boy was induced to continue again from 4.45
p. m. to 2.15 a. m., with one hour off from 9 to 10 p. m. The time
clock recorded these hours. Shortly after 7 o ’clock of the following
day, when the inspector of the Child-Labor Division discovered these
facts, the boy was sent home by the foreman. In another factory the
smaller boys hung around to get a chance to work as “ spares” to
relieve the regular boys as a second shift took their places. These
“ spare” boys often worked 10 and 15 hours a day.
The posting of lists of minors whose working hours are especially
regulated by statute is an administrative help in the enforcement of
such laws. The Ohio law required the posting of such lists, and also
required the posting of the working hours of boys under 18 and girls
under 21. In the factories inspected in the East Liverpool district
not one list of minors was posted, and in only one of them was a
schedule of hours posted.
The glass industry is an old employer of children. Like the cotton
mill, the shop equipment in the o’d-style factory was devised on the
assumption that sma 1 boys were to be used. For this reason the

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G E N E R AL IN S P E C T IO N S .

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molds are sometimes built so near the ground that only a small child
could crouch beneath their handles, or the space provided for the
“ snapping-up ” boy is not large enough for anyone but a small child
to use.21
As in other industries in which children have been employed, the
belief has been current that in order to master the trade the worker
must begin as a child. It offers few opportunities for advancement, *
as only a small per cent of the children who work in glass factories
secure apprenticeship positions which enable them to become skilled
workmen; while the physical strain of the work, the intense heat,
the dust and fumes make it so undesirable an occupation for children
that it has been the center of attack in child-labor legislation.
The occupations in which the children who were found working
in Ohio were engaged made both age and hour violations peculiarly
serious. In the glass factories approximately one-third of them were
employed in the furnace rooms, usually as mold boys, snappingup boys, machine boys, and especially as carrying-in boys. The
mold boy opens and closes the molds for the skilled glass blower as
he blows the molten glass into the mold form. In some places the
mold boy squats on the floor in a cramped posture, in others the
molds are so placed that he stands in a stooped position over his work;
Occasionally he must speed up so as to keep the molds in readiness
for two blowers. The inspectors counted some who were turning
out 10 and 12 small bottles per minute. Added to the cramped
position and speed, these boys have to endure the extreme heat always;*
present in the furnace room. In contrast to the stationary work
of the mold boy, the snapping-up boy is in constant motion, picking
up the hot ware from the mold boy and carrying it from the blower’s
position to the finisher, a distance of 5 to 10 feet in the usual arrange­
ment of the furnace room. He too is exposed to excessive heat.
Work on the blowing or pressing machines is frequently done by boy
helpers in ■transferring the ware from the press and sticking it up;
these helpers are classed together as “ machine boys.” Next to the
mold boys, these machine boys are most constantly subjected to the
highest degree of heat, as the machine stands close to the furnace
opening. However, there is one alleviating feature— cold air cur­
rents are introduced above the machine in order to keep the pressers
from becoming overheated afford the boys some relief.
In all but the very few glass factories where automatic conveyors
had been installed, boys were employed in carrying the glassware from
the machines to the leer. This has to be done quickly, as the product
ought not to be exposed long to the outer air. The carrying-in
boys made these trips constantly from the hot zone of the furnace
21 Report on the conditions of W om an and Child W age Earners in the United States, vol. 3, Glass Indus­
try, p. 201. U . S. Bureau of Labor, Washington, 1911.


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room to- the hot; openings of the 1-eer, usually & distance of from 15
to 50’ feet.. They carried the ware- or long-handled paddles which
bad to* be carefully kept in a horizontal position.. Although the
•weight carried was insignificant, there were eight to nine hours of
muscular tension in carrying; the paddle and* 5* or more: miles, a day
to, walk, during which the boys were exposed alternately to the fati­
guing; heat o f the furnace and the cold drafts* of outdoor air in winter/„
Although some schemes for reducing the radiation of heat have been
worked out, at best it is terrific in the furnace room, where the tank
of molten glass- is heated to a. temperature of from 2,,000 to, 3,000* ,.
and where there are- also the. “ glory holes,” 22 the hot molds,, and the
machines..
A night inspection was made of a furnace room when the outside
temperature was 91 ° , but where the machine boys worked the mer­
cury jumped quickly to 1220.23 The- roof of the furnace room was,
low. the room was small and crowded, so the possibility of any
cross draft was shut off, and the tank was constructed so that
tbe prevailing summer breezes had no access to- the room. The
distance, to the leer was short and the floor space was filled with
hurrying workers dodging, each other. According, to the inspector,
the boys* would work a few minutes and then,, relieved by the- spare
boys, throw themselves down in exhaustion on the. ground outside.
The ice-water tanks had to be replenished frequently. Some, of the
maturer men had brought supplies of oat-meal water from home—
which, they said, did not taste' so*- good as- ice water, but they knew
was* better for them.
The unit of work in the furnace room is* the “ shop,” consisting of
six or seven* employees*—three skilledi men,, blowers and finishers,} and
three or four boys who, assist. The work of the shop is very much
crippled if even* one hoy fails to appear for work,, and. the skilled men
sometimes are obliged to remain idle-because of the scarcity of helpers»
Work in glass bouses is conducted in shifts,: sometimes; two*- and some­
times three in 24 hours* and* it is when* the shifts change that the
spare boys get their chance to work in the next “ turn,” for if the
W m n g shop* finds, itself short, of mold hoys* snapping-up boys,
machine hoys, or carrying-in boys* the boys* experienced in these
occupations who, are- just leaving; work remain for the next shaft.
So it frequently happens that the dangers of excessively long, hours
are added to* the other hazards of the industry-—burns, cuts from the
broken glass which is usually on the floor, and the far graver danger
m

These are small reheating furnaces, used solely for partially reheating such articles as have become too

cool'for working before all the desired shaping- processes have- been completed.
23 Imthe investigation of theglass.worfcers,made.in'19IQ (see footnote,21,,p. 12J.). it was found that in Junethe mold boy finds the temperature averages 19° warmer where he is working than outside; the .machine
boy, 23°; the carrying-in boy, from,2° to 24“ where he takes up the ware; The mold and. machine boy3
are permanently in the heat zone, but the carrying-in hoys do get away from, it on each jpurney they
take to the leer.


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of disease resulting from extreme heat, exposure to sudden changes
of temperature, and fatigue.24
The employment of children in glass factories has been greatlyreduced in the last 25 years by child-labor legislation, by the intro­
duction of automatic machinery, and by the use of adults for work
formerly done only by children.
In the potteries the boys and girls were occupied chiefly as mold
runners or mold boys, as dippers’ helpers, and as finishers or finishers,
spongers, and fettlers.
The mold boys were kept busy bringing the molds to the jiggerman, and, as soon as the jiggerman finished, carrying the molded
green ware to the drying racks. If the drying ovens were some
distance away and the jiggerman was turning out small pieces, his
bov had to increase his speed to keep up with the wheels’ output.
The other workers in this division of the process were the finishers,
who scraped the rapidly moving ware with a knife to remove uneven­
ness and then smoothed it with a damp sponge.
Although the clay was wet when molded, it became constantly
drier, and there was dust in the atmosphere rising from the dry clay
drippings'. The finishers’ scrapings fell on the clothing of the workers
and on the benches and the floors of the oven rooms. Passages
showed dust accumulations that were brushed off in the removal of
the dried ware. The workers all ran an unnecessary dust hazard,
as the potteries visited were not equipped with exhaust systems for
the removal of the dust. The buildings were usually old, the ceilings
were low, and the floors rough and uneven. Sweeping up the dust
was the common method of cleaning; the floors were sometimes
sprinkled, but this precaution was not effective in keeping down the
dust. The mold racks were so arranged around the worker that
through currents of air were cut off, the overheated oven usually
occupied the center of the room, so that the workrooms were hot in
summer and not adequately heated in winter.
After the green ware was dried and brushed, the next process
was known as dipping, which consisted in applying a liquid coating
to the ware, which after exposure to intense heat in the glost kiln
hardened into a glaze.
The glaze dipping was done in similarly insanitary rooms with low
ceilings, rough wooden floors, and dark comers. But in addition
there was the special hazard from the white lead used in the glaze.
24 See Hayhurst, E . R .: Industrial Health Hazards and Occupational Diseases in Ohio. Ohio State
Board of Health, 1915, pp. 258 S. Referring to the work of the boys in connection with the glass blowing
by hand, Dr. Hayhurst says: “ The work is not unduly fatiguing to normal adults, especially after a little
experience, but m any youths were found to be doing exhausting labor. This feature was rendered much
worse by the heat. Other fatigue factors were piecework, speeding up, monotony, constant standing
for some, faulty postures (of sedentary workers), and lifting and straining, especially for youths. W hile
all helpers, including the boys, were paid on a day-work plan, they were required to keep up w ith the
skilled glass blowers who worked piecework in nearly all places.” (p. 260.)


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Minors employed in the dipping process were usually the helpers,
who took the ware from the dipper after he had immersed it by
hand into the tub of glaze. In the tile factories the glaze was usually
applied by machinery. Occasionally girls and boys did the dipping.
While the glaze was wet there was no danger of poisoning, but the
workers were careless and splashed it about on clothing and floors,
where it dried and then became dangerous.
The dippers’ helpers also sponged and rubbed off the excess glaze
from the foot of the ware or scraped it with a knife, washed away the
dust, and stacked the ware on boards which they carried to the
glost kiln. The glaze dried quickly and the boards became dusty
also. A boy was seen to knock two boards together to clean off
the dust. It was not unusual to see deposits of dust on the face
and clothing, and the workers were reckless in shaking out their
clothes and took few precautions in changing clothes. They even
ate their lunches where they worked, for the majority of potteries
inspected were without wash and lunch rooms.
Another dusty process in which many minors were engaged was
the finishing of the glazed ware. Usually the articles had been pre­
viously kilned, so there was no danger of lead poisoning. The little
imperfections and projections of the glaze were scraped off with a
small knife or rubbed off with sand. This was frequently spoken of
as fettling, or finishing. It was done in the manufacture of the
finer grades of white ware, but rarely in the art and stoneware
potteries. The work was dusty, especially where the scouring was
done with bristle wheels, and no blower system was provided for
dust removal.
' In the art ware potteries there were special dangers in the deco­
rating processes known as color spraying and paint dipping, as the
colors were often rich in lead. In some of the potteries inspected
young girls were employed in the occupation of tinting. This was
done in a hood, which, however, permitted the escape of a certain
amount of spray, as the girls’ hands and aprons and the surfaces
outside of the hoods were also tinted. Color dipping, at which boys
were employed, had the same danger as glaze dipping.
While conditions in the potteries of Ohio have improved in recent
years, children were found in the course of these inspections working
at occupations in which they were exposed to the danger of lead
poisoning as well as to dust and overfatigue. The Ohio law enumer­
ated a list of occupations in which the employment of children under
16 was prohibited. Among these were processes in which acids,
poisonous gases, or dyes, etc., are used in the manufacture or packing
of paints and white or red lead. The law further gave to the State
board of health the power of determining whether any other trade,
occupation, or process was dangerous to children under 16 and under

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18 years of age, and to prohibit their employment at occupations
determined dangerous. There is thus ample legislation for the
protection of children both against occupations dangerous to their
health as well as against their premature and excessive employment.
Much of the illegal employment of children in Ohio is due to the fail­
ure to carry out the work permit or certificating provisions of the law.
Ohio was designated under section 5 of the United States child-labor
law in the group of States whose legislative requirements with
reference to certificating were substantially equivalent to those of
the Federal rules and regulations. In Ohio, as in most States,
employment certificates were issued by the school authorities. The
child was required by law to furnish (1) a promise of employment,
(2) a record signed by the principal of the school showing that the
educational requirements of the law have been met, (3) documentary
proof of age,25 and (4) a certificate from the school physician showing
him to he fit to be employed in any of the occupations permitted by
law. Special vacation certificates were issued to children who could
meet all except the educational requirements for a regular certificate.
An employer was required to keep certificates on file for all boys
between 15 and 16 years of age, and girls between 16 and 18 years of
age. Boys were required to have completed the sixth and girls the
seventh grade in school. The law thus established an age, an educa­
tional, and a physical minimum. The prool of age required by the
State statute gave the legal basis for a good certificating system;
But the investigations made by the Child-Labor Division in the sum,*
mer of 1918 showed that in the cities and towns visited the certificating
law was violated and ignored in practice, and no attempt was made
to use it to prevent the employment of children in occupations where
they were exposed to lead poisoning or dust hazards.
The forms used as certificates in the cities and towns visited would
fit together like the pieces in a crazy quilt. They varied in size from
legal cap to small scraps of paper. This was confusing to employers.
Because of this 1ack of uniformity, they became accustomed to accept­
ing anything offered as a certificate by the child The certificates
also came from other sources than the public schools, illegally issued,
but the employer’s attention was rarely directed to that phase of it.
In one city the superintendent of schools refused to issue certificates
to parochial school children, so the priest gave the children state­
ments of the grades they had completed. In three other cities
“ permits” were issued by the priests, sometimes to children who
could not meet the age or schooling requirements. These permits
usually read: “ I do not object to the employment o f --------- (child’s
name).
In another city children from the parochial school were
26

Proofof agein the following order is required by the statute: (a ) Passport, certificate of birth or bap­
tism, or other religious record showing date and place o* birth
(6) Transcript o. birth certificate filet
with registrar of vital statistics,
(c) Other documentary evidence, (d) Physician's certificate o. a^e.


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allowed to work without certificates. In most of the towns visited
the legal documentary evidence of age was not required by the
superintendent of schools before certificates were issued. Few of
them could give offhand the kind of evidence and the order of prefer­
ence which the State law specified. The children were sometimes
charged a fee of 65 cents for birth-registration certificates. This was
a real hardship to the children, and one superintendent offered it as
his excuse for not requiring the best proof of age obtainable.
In one city the superintendent of schools issued so-called vacation
certificates to children 13, 14, and 15 years of age, giving his permis­
sion that they be “ employed at light labor during vacation in occu­
pations not forbidden by law.” The employment of children of
those ages was clearly “ forbidden by law” ; but these permits, which
wrere carefully worded to protect the superintendent from the charge
of having illegally issued certificates, were accepted by the employer
as a legal permit to employ the children for whom they were issued.
In this town documentary proof of the child’s age and a physical
examination were not required. One superintendent justified the
issuing of certificates to children under the legal age by an opinion
of the attorney general of Ohio rendered in 1912. This was to the
effect that certificates were required “ only for employment during
the school term,” and that the “ undoubted legislative intent [was]
to prevent child labor only in so far as it interferes with schooling.” 2®
The compulsory-education and child-labor laws, however, had been
amended since the opinion of the attorney general was rendered,
and the law stated specifically that the only requirement which could
be waived in issuing special vacation permits was the completion
of the sixth grade in school. In another town the issuing officer
accepted a parent’s affidavit as proof of age, although this was
contrary to the State law. In two towns school records were accepted
without any verification. One superintendent thought the children
were better off at work than idle and, quite regardless of the provisions
of the law, had given oral and sometimes written consent to the
employment of boys 13 and 14 years of age. Statements of age and
education were issued for children to work in West Virginia whose
employment would be illegal in Ohio. Sometimes the children
changed their jobs, and these permits also were found in the files
of Ohio employers.
The requirement that an authorized physician examine each child
and certify his physical fitness legally to work was in many towns
entirely ignored, or the examination was given in an altogether
perfunctory manner. This was especially to be regretted for
K Ohio School Laws: Blank forms and directions to serve as a guide for school officers and teachers. Com­
piled under the direction of Frank W . Miller, superintendent of public instruction. Columbus, Ohio,
1915, p. 280.


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children whose work, because of dust, heat, or lead, exposed them to
peculiar health, hazards.
Under the Ohio law a so-called juvenile examiner could be ap­
pointed in cities by the board of education to pass on the educational
qualifications of all applicants for permits. If a child was found
by this examiner to be below normal in mental development, so
that he could not with “ due industry” meet the educational require­
ments of the law, and if the school record showed the child to be
below normal in development, this fact was to be certified to by the
examiner and the superintendent might then issue a certificate to
the child. Obviously the juvenile examiner should have been a
doctor or a psychologist qualified to make a scientific determination
of the child’s mental development. The scientific work done by the
Cincinnati bureau in testing the mental development of applicants
for work permits has attracted national attention. Unfortunately,
not all the Ohio work is so good. In two towns included in the
investigation probate judges had been appointed juvenile examiners.
One of these judges had issued a permit to a boy whose school record
gave no evidence that he was subnormal mentally. He had requested
that the issuing of employment certificates for delinquent children
be left entirely to him, and had advised the schools “ to allow arty
child over 14 to have a vacation certificate.” The other judge who
was a juvenile examiner had given many “ papers” to children
whose school records indicated they were normally bright children.
Six weeks before school closed a boy not then 14 years old was given
a permit by the juvenile examiner which read: “ In so far as this
court is concerned the bearer, * * * may be employed during
vacation by any person or firm using the services of said person in
employment suitable for one of his age.” The truant officer who
issued certificates for the schools said that he refused to honor the
juvenile examiner’s recommendations when they were made for
children whom the school records showed to be under the legal age,
but the judge’s certificates were apparently as readily accepted by
employers as regularly issued certificates.
The most flagrant assumption of authority in issuing employment
certificates was in an industrial community 12 miles north of Cin­
cinnati. Here two mayors had furnished children, several of whom
were under age, with “ working papers.” One of these was in the
form of a written note which read: “ This is to certify that [child’s
name] says she is 16 years old. * * * My consent is hereby
given them to work.”
All these various kinds of permits, or working papers, were found
in the office files in the factories visited by the inspectors of the
Child-Labor Division. But there were 200 boys and 105 girls found
employed for whom, under the Ohio law, certificates should have
been on file, but for whom no certificates of any kind were found.

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The Ohio law did not require supervision of the issuing of certifi­
cates by any State officer, but an opportunity for this was given in
the requirement that the superintendents make monthly reports to
the industrial commission of the certificates issued, returned, and
refused. Forms for such reports had been drawn up by the com­
mission when the law went into effect, but many of the superin­
tendents in the towns visited were not sending them in, and some
said they had never heard that such reports were required.
The superintendents in these Ohio towns did not desire to shirk
the responsibilities which were theirs under the law. It should be
remembered that these inspections were made in the summer of 1918,
when the pressure of the industrial demands for the prosecution of
the war was greatest. While a few of the factories had war con­
tracts, most of them were engaged in the production of nonessentials. As the adult labor was drawn off , some employers were trying
to keep their industries going by employing children. The talk of
patriotic obligation to work had confused some of the superintendents.
Thus one of them wrote: “ * * * under present conditions they
[children under age] should be expected and encouraged to do that
[work].” Some of the superintendents felt that they were justified
in breaking the law by granting certificates to children under the
legal age, because of “ economic necessity.” Some of them, ignorant
of the physical hazards of the employment into which the children
were going, felt that the girls and boys were better off at work than
idle during the summer months. Wise parents who have the means
provide occupations for their children during the summer which
will give them the physical recreation they need and develop a
sense of responsibility for the completion of tasks undertaken. But
a furnace room in a glass factory, or a dusty room in a pottery,
which these school superintendents were approving for children
under the legal age, is a dangerous and costly remedy for the evils
which result from poverty, or from a failure on the part of the
community to provide educational recreation for children during
the summer.
A number of the towns included in the Ohio investigation were
along the West Virginia and Pennsylvania boundary line. In West
Virginia the minimum age for both girls and boys was 14; there was
no limitation of the hours of work for children between 14 and 16
years of age, and night work was not prohibited. In Ohio girls under
18 and boys under 16 years of age could not be employed more than
eight hours per day, and night work was prohibited. West Virginia’s
standards were therefore very much lower than those of Ohio.27
Attention was first drawn to the problem these differences created in
the inspections made in West Virginia near the Ohio line during the
a? The W est Virginia standards were raised in 1919, but diey are .till below those ol Ohio.


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autumn of 1917 and again during the Ohio inspections in the summer
of 1918, when the attention of an inspector was called to the young
children crossing on the ferryboat from Ohio for night work in West
Virginia.
The manufacturers complained bitterly of the fact that their com­
petitors across the Ohio River did not have to observe as high stand­
ards, and parents and educators as well asked: “ Why should girls
of 15 who cross the river and work 10 or 12 hours a day in West Vir­
ginia not be allowed to work 8 hours in Ohio V- Seven factories were
inspected across the line to see to what extent it was impossible, be­
cause of West Virginia’s lower standards, for Ohio to give its children
the protection it desired them to have.
Inspections were made of two plants near Wheeling which were
manufacturing iron and steel pipes and tubes; a night inspection
only was made in one and a day and night in the other. Altogether
81 children under 16 were found employed; 19 of these were under
14 years of age, 2 were 11, 6 were 12, and 11 were 13 years of age.
Sixty-one of these children were working 12 hours five nights a
week on shifts, with a 20-minute lunch period at midnight. All
the children for whom time records could be found were working
more than 8 hours a day. Both steel plants had affidavits (many of
them false) for some of the boys in their employ, but no regularly
issued certificates were on file. Of the 81 children under 16 employed
in these mills contrary to the Ohio and the Federal standards, 44
lived in Ohio and came across daily to work in West Virginia.
Five potteries across the river from the East Liverpool district
were also inspected. With one exception these were among the
factories in West Virginia which had been inspected by the ChildLabor Division during the operation of the Federal law. Condi­
tions were found to be fairly good in the summer of 1918, although
one child 8 years of age and two 10 years of age were found at work.
Two of the potteries had certificates on file for all the children of
legal age, and three other factories inspected were employing no
children under 14. So far as these potteries were concerned, the
violations were no more frequent than among those in Ohio. The
factories near Wheeling were an example of what could happen.
Except through the compulsory-school law—which was no protec­
tion during the vacation season, when these inspections were made—
the State of Ohio had provided no way of preventing its children from
working nights, and for very long hours, in West Virginia.
Virginia.
After the Federal law was declared unconstitutional, 65. canneries
and 38 other factories in Virginia were inspected by the Child-Labor
Division. The latter were inspected at the request of the State corn1831060— 21------ 9


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missioner of. labor and in most oases jointly made with a State in­
spector. They were located in seven cities and towns, in different
parts of the State and included boot and shoe, textile, tobacco,
trunk, paper-box, peanut, confectionery, overall, and other factories.
Altogether, 31 children under 14 years of age were found employed in
violation of the State and Federal standards in factories. Of the
58b children under 16 years of age who were found working in these
factories, 572 had been changed from an 8-hour day to the 9 or 10
hour day permitted under the Virginia, law as soon as the Federal
law was declared unconstitutional. Many of the children when
questioned concerning their hours of work asked eagerly if they
were to go back to the eight-hour day. One employer had not heard
the law had been declared unconstitutional and was still observing it;
therefore the visit, of the inspectors had the unfortunate effect of
lengthening the day for the children in this factory.
The most flagrant violations were by a hosiery company which had
two mills. In one the employees were white and in the other col­
ored. In the former mill the underage children were hidden in the
men’s lavatory, and a group of men gathered around the door to
prevent the inspector from entering.
The certificating situation showed very little improvement since
the inspections- in the' fall and winter of 1917-18-. The law passed;
in 1918 which provided for better proof, of age had gone into effect.
A form to be used by the notaries had been prepared, by the com­
missioner of labor, but it was not found to be in general use; The
notaries employed by the factories were in general doing their work
much more carefully than the other notaries. Interviews with the
latter showed them either quite ignorant of their duties or impa­
tient because of the work which the law required for the small fee
which could be collected. Old papers, affidavits several years old,,
illegally issued certificates which had been suspended by the inspec­
tors of the Child-Labor Division, and Federal certificates issued
while the Federal act was operative, were all found on file and were
regarded by the employers as meeting the requirements of the State
law. There were no certificates at all on file for 101 children between
14 and 16 years of age, although this constituted for each, child a
violation^ of the Virginia law.
The situation in the canneries was quite different from that in the
factories generally: As in Maryland, the Virginia Legislature of 1918
in amending the State child-labor law included canneries in the list
of industries prohibited from employing children under 14 years of
age. But either through oversight or intent, the law did not include
canneries in the penalty clause, and the attorney general ruled that
because of this omission there was no way of compelling the canneries
to obev the law. T he canneries had thus been assured that because

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of this amission they would sot be interfered with if they violated
the law. General cannery inspections had been pi armed by the
Child-Labor Division because a number of States—Delaware, Indiana,
Maryland,28 Michigan, Tennessee, and Virginia28— exempted can­
neries 29 from some or all of the provisions of their State laws, and
the Federal law set a higher standard than they had known before.
When the law was declared unconstitutional these plans were aban­
doned, except for Maryland and Virginia. In Viiginia inspections
were made in August, 1918, in two districts— (1) on the Eastern Shore,
especially in Middlesex and Lancaster Counties, and some in Glou­
cester, Northumberland, Westmoreland, and Accomac Counties;
(2) in the western cannery district, especially in Botetourt, Bedford,
Franklin, and Rockbridge Counties In both districts most of the
factories were canning tomatoes, but a few were canning beans and
apples. The season for the canning of small fruits and the packing
of shrimp, oysters, and crab meat was over. Some of the canneries
were located in villages and reled upon the village labor supply;
seme w ere in the country and drew their workers from the surround­
ing district; while a few were only an extension of the farm work,
and the members of the family were the only employees.
Both white and colored labor was used in the Virginia canneries,
sometimes in the same factories. In the western district a larger
per cent were white workers; in the eastern, colored labor was found
in every factory visited except one. In only two localities were
camps of imported laborers, which are so common in Maryland, f ound
in Virginia. In one of these was a camp of Bohemian workers who
had been brought from Baltimore; and Negroes who* came from
around Norfolk had been brought to a town in Accomac County,
near the Eastern Shore of Maryland.
Altogether, 486 children under 16 years of age were interviewed
in the course of these cannery inspections. Of this number 319, or
approximately 66 per cent, were under 14 years of age, and 130, or
27 per cent, were under 12 years of age. These young children usually
worked as pieceworkers in the peeling or preparation department.
Some worked independently, and those too small to reach the peeling
table stood on boxes and assisted their mothers or older sisters.
A smaller number of children who were on a time basis of payment
were engaged in various occupations—scalding, capping, hauling, or
removing skins, handling cans, filling and trucking cases, and attend­
ing boilers.
The hours of work were irregular. Many of the canneries ran
only three days a week, and the hours on these days varied. During
the busy season the canneries usually began work at 7 in the morning
28 Exemptions reduced in 1918, but law still not up to standards required for general factory employment.
49 California exempted curing and drying of fruits.


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and closed at 6 at night. On very rare occasions a factory would
work at night to keep the fruit from spoiling. No time records were
kept by the factory, and the statements of both parents and children
varied greatly. Evidence was secured, however, showing that 263
children under 16 years of age usually worked more than eight hours
a day. As the canneries were not included in the penalty clause of
the Virginia law, they were not even limited to the 10-hour day,
which is the legal working day for women and children in other
Virginia factories.
In none of the canneries visited was a certificate of age on file—
another evidence that the regulation of canneries was being entirely
ignored. The cannery season was short and the children employed
were mostly from local districts, so that few suffered either from
continued long hours or the dangerous living conditions that are so
general in the Maryland camps. But many of the tomato canneries
were ugly places in which to work. Floors were covered with water
and tomato juice, and wet clothing was common; and in some,
unguarded machinery made the places in which children worked
dangerous.
More recent inspections in Virginia were made in the late winter
of 1918 and spring of 1919, in the various shipbuilding plants of the
State. Of the 224 children under 16 found at work in these plants,
51 were proved to be under 14 years of age; certificates for only 62
children were found on file, and practically all these had been issued
in violation of the provisions of the State law. No certificates were
on file in one plant, in which 85 children were interviewed at their
work— 30 of whom, it was later proved, were under 14 years of age.


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SECTION IL SPECIAL INSPECTIONS OF ESTABLISH M ENTS
ENGAGED IN W A R PRODUCTION.

The decision of the United States Supreme Court which, on June
3, 1918, declared unconstitutional the Federal child-labor act came
at a time when effective legislative control of the employment of
children was most urgently needed in this country. The inspec­
tions made by the Child-Labor Division in the summer following
the decision of the court showed that many hundreds of children
had been dependent upon the Federal law for their only protection
against premature and excessive employment. This was found to
be the case not only in States where the standards fixed by the
State law were lower than those of the former Federal act but also
in States where the State standards were equal to> or even higher
than, the Federal.
While few, if any, of the States in which war emergency legisla­
tion had been passed authorizing the suspension of prewar standards80
took advantage of this authority with reference to child labor, the
reports of State and local officials generally testified to an increasing
tendency to violations of the laws relating to the employment of
children. Numerous instances were reported of State courts refusing
to impose the penalty in cases of violation of the State law by manu­
facturers who were working on Government orders. In some cases
State inspectors were even refused admission to plants engaged in
filling war contracts on the ground that the employment of labor
on work for the Federal Government was not subject to restrictions
imposed by State laws, or because they had not received specific
authority to make such inspections from the Government depart­
ment with which the plant was under contract. With Federal
protection withdrawn just when the pressure of war production
was at its height, and when the supply of adult labor had been
reduced by the withdrawal of over a million men into military service,
and when the curtailment of nonessential industries had not yet
begun, the only effective means of stemming the rush of young
children into industry was lost in many States.
Fortunately the executives of the Federal Government had
learned from the wartime experience of England and France the
disastrous effect upon the military and industrial resources of the
future of lowering the existing standards of protection afforded
x Such legislation was enacted shortly after the declaration of war by the United States in the following
States: Connecticut, (ch. 326 of the laws of 1917, approved May 16, 1917); Massachusetts (ch. 342 of the
laws of 1917, approved May 26, 1917); New Hampshire (ch. 194 of the laws of 1917, approved April 19,
1917); Vermont, (No. 172 of the laws of 1917, approved Apr. 12, 1917).

133


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children. Already, while the Federal child-labor law of 1916 was
in operation, orders had been issued by the Secretary of War and
the Secretary of the Navy extending the application of its age and
hour standards to navy yards, arsenals, and other Government
reservations.81
When later the Federal child-labor law was declared unconstitu­
tional, the seriousness of the situation was recognized by the Federal
Government; and provision was made to remedy it, in so far as the
executive branch of the Government had power, by extending the
regulations already applicable to navy yards and arsenals to the many
mill« and factories over which the United States Government, as the
largest purchasing agency ha the world, had indirect control. Ac­
cordingly, on July 12, 1918, a little over a month after the Federal
child-labor law was declared unconstitutional, the War Labor Policies
Board, upon which were represented all the Larger purchasing agen­
cies of the Government— the War and Navy Departments, Shipping
Board, Food Administration, and Housing Corporation-- voted that
the standards of the former Federal child-labor law be made a condi­
tion of all Government contracts. In order to insure the maintenance
of State standards where these were higher than those of the Federal
law, and to remove all doubt as to the applicability of State laws to
goods manufactured for the Government by private concerns, the
board also required that there should be included in each war contract
a provision that all work required in the carrying out of the contract
should be performed in full compliance with the law of the State in
which such labor was performed. The complete text of the clause,
which on the motion of the representative of the Secretary of War the
board voted unanimously should be made a part of all war contracts,
was as follows :
Laws

an

© R e s t r i c t i o n s R e l a t i v e t o L a b o r : A ll work required in carrying out

Hals contract shall be performed in. M l compliance with the laws of the State, Terri­
tory, or District of Columbia, where such labor is performed: Provided, That the c o m
a Shortly alter the U nited States ohild-laibor act of 1916 went into effect a complaint was received by
the Children’ s Bureau relative to the, employmeiit.of.childrenin violation of the standards of'the Federal
act upon a certain Government reservation in establishments not engaged in interstate commerce, and
to which, therefore, the Eederal taw did net ap ply. The complaint was brought to the attention .of the
.Secretary of W ar, who, in order to; make conditions ,in A rm y forts :aaid pests .conform to the standards
laid down b y the United States child-labor act, issued the following instructions through The Adjutant
General: (1) That on Government reservations children under 14 years of age are not to be employed.
(2) That children .between 14 a n d lS years of age are not to he ¡employed, (a) more thanoight hoursin any
workday, (&) more than six days a week, (c) before 6 a. m . or after 7 p. m . (3) In order to enforce these
standards it is desired that ¡certificates be demanded and kept on M e for every child between 14 and 1ft.
(4) I n determining whether children between 14 a n d 16 have been, employed mere than eight hours, in
any day the hours of employment shall be computed from the tim e the child is required or permitted or
suffered tohe aft tbepSaee of employment u p to the time when heleavesoff workfarthe-day, eseduaveof a
single continuous period of .a definite length of time during which the child is off work ami not .subject
to call. A ll employersion Government reservations shall be required to keep a daily time record showing
the hoars of employment for eaob and every- child between 14 and 16 years of =age.
A similar order applying -to all naval districts, yards, and stations was issued by the Secretary of
the N avy on January 5,1918,


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135

tractor shall not [directly or indirectly] employ in the performance of this contract any
minor xinder the age of 14 years, or permit any minor betw een the age of 14 and
16 years to work more than eight hours in any one day, more than six days in any one
week, or before 6 a. m . or after 7 p. m .

Nor shall the contractor directly or indirectly

employ any person undergoing sentence of imprisonment at hard tabor which m ay
have been imposed b y a court of any State, Territory, or muni eipality having criminal
jurisdiction: Provided, however., That the President of the United States m ay,

by

E xecutive order, m odify this provision with respect to the employment of convict
labor and provide the terms and conditions upon which such labor may be em ployed.
This provision shall be of the essence of the contract.

On July 19 the War Labor Policies Board passed the following,
additional vote:
That the existing machinery of the Division of Child Labor, Children’s Bureau,
Department of Labor, should b e utilized b y all departments of the Government in ad­
ministering the clause pertaining to the employment of chi ldren adopted b y this board
on July 12 and inserted in all departmental contracts.

Since the labor standards established by the proposed contract
clause were enforceable not only through Federal, provisions and Fed­
eral agencies, but also and more generally through State laws and;
State agencies, officials charged with the enforcement of the State*'
labor laws were also deputized by the heads of the various produc­
tion departments of the Federal Government to enforce the contract
provisions- with reference to labor. In order to explain to these
officials their functions and those of the various Federal departments
in the administration of these provisions, a conference of. State labor
officials was called by the War Labor Policies Board. This, confer­
ence, which was held on September 30 and October % 1918, was
attended by representatives of the departments of labor or factory
inspection departments from practically all the States in which any
considerable amount of war materials was being produced. Testi­
mony of the officials attending the conference showed the immediate
need for Federal cooperation in the maintenance of State standards.
In August a special appropriation was made available by the
President to enable the Child-Labor Division to proceed with the in­
spections necessary for enforcement of the; contract clause, in coop­
eration with the governmental purchasing: agencies represented upon
the War Labor Policies Board.
The effective administration of the clause was from, the beginning
seriously hampered.by the difficulty of securing prompt.and,complete
information regarding the contracts awarded by the various Govern­
ment departments. At the time when the War Labor Policies Board
rulings with reference to contract provisions were made, there was no
central agency in Washington receiving complete reports regarding
war contracts from the various production departments. In the
early months of the war, information regarding contracts placed by
certain departments had been furnished to the Employment Service


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FIRST FEDERAL CHILD-LABOR L A W — PART II.

of the Department of Labor, but these reports had been discontinued
some time before the summer of 1918. Lists of contracts awarded
by certain departments or bureaus, together with the names of the
contractors, and also, in some cases, the nature and quantity of. goods
ordered, were published from time to time in the Official Bulletin
issued by the Committee on Public Information. These lists were
admittedly incomplete, and no information was furnished relative to
the terms of the individual contracts.
The War Industries Board received somewhat more extensive
reports regarding the terms of war orders, but for too limited a num­
ber of contracting concerns to be of any practical assistance in the
administration of the contract clauses relative to labor. Even:
within the purchasing departments themselves, there was no cen­
tralization of information regarding contracts, each bureau having
its own contract files and its own system of filing. A more serious
hindrance to effective enforcement of the terms of the contract lay
in the difficulty in securing reports of concerns awarded contracts:
in sufficient time to make the necessary inspections before the manu­
facture of the goods ordered had been completed. In many instances,
moreover, the letting of contracts was not reported to the Washing­
ton headquarters of the contracting bureaus until a month or more
after work actually had been begun toward their fulfillment. It was
thus impossible even to know when the clauses began to be included
in the contract forms of any one bureau until at least a month after
this had occured.
In order to make it possible for the Child-Labor Division and the
labor officials of the various States to render effective assistance
in the enforcement of the contract clauses relating to labor, an effort
was made by the War Labor Policies Board to secure the immediate
and current reporting to some central agency of all war contracts
awarded by the Government. Forms for these reports were out­
lined to contain the name and address of the contracting party, the
names and addresses of subcontractors, if any, the number of the con­
tract, the date on which it was made, the time, if specified, in which
the contract was to be fulfilled, specifications regarding the nature
and quantity-of goods ordered, and a statement with reference, to
the inclusion of the labor clauses. Negotiations for the setting up
of this machinery were unfortunately still pending at the time of the
armistice, shortly after which the membership of the War Labor
Policies Board was disbanded, and all the activities in which it as a
board was engaged were brought to an end. It was therefore neces­
sary for the Child-Labor Division to rely for its information regarding
contracts solely upon the records secured by its own agents from the
contract files of the various purchasing bureaus.


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137

The first task of the division was to ascertain when the clauses be­
came operative in the contract forms of the several Government de­
partments and bureaus. The United States Housing Corporation of
the Department of Labor was the first governmental agency actually
to cause the insertion of the clause in its contract forms. Com­
mencing about August 15, the child-labor provision was contained
in all general construction contracts placed by this bureau. In the
larger purchasing departments, the adoption of this clause was
necessarily a somewhat slower process, because of the organization
of these departments into numerous independent and decentralized
purchasing agencies. For the War Department, for example, muni­
tions, uniforms, and supplies were purchased by eight branches,32;
each operating widely scattered field offices through which the bulk of
their purchases were made.
The War Department, whose representatives upon the War Labor
Policies Board had introduced the resolution with reference to the
child-labor contract clause, was the first of the larger departments
to put into effect the action of the board. On August 30, the Director
of Purchase, Storage, and Traffic, by authority of the Secretary of
War, issued an order33 directing that the provision be inserted in
all formal fixed-price contracts thereafter made by the various
supply bureaus of the War Department. In conformity with this
order, arrangements were perfected .for the insertion of the clause
in the contracts placed by the various bureaus. By the early part
of October new contract forms containing the clause were being
put into general use by practically all the bureaus, and it is safe to
say that by the time of the armistice the provision was contained
in practically all contracts then being placed by the War Department.
The action of the War Department in ordering the insertion in its
contracts of a clause restricting child labor appears ‘to have met with
little, if any, protest from manufacturing interests, with the exception
of the cotton industry in the South. Because of their general refusal
to accept orders under the prescribed conditions, only a very few
contracts were placed by the Quartermaster Corps with the cotton
manufacturers of the Southern States after the date on which the
clause was generally inserted.34
32 The Quartermaster Corps, Ordnance Department, Signal Corps, Air Service, Chemical Warfare
Service, Medical Department, Corps of Engineers, Coast Artillery Corps.

See W ar Department Supply Circular N o. 88, p. 14.
sa On October 14,1918, the board of governors of the American Cotton Manufacturers’ Association, the or­
ganization of cotton textile manufacturers of the South, unanimously adopted the following resolution
which they sent to the proper authorities in Washington, urging the elimination of the clause which
33

had been inserted:
Whereas it has been brought to the attention of the board of governors of the American Cotton Manu­
facturers’ Association that'southem mills have recently felt compelled to decline Government contracts
because of the insertion of a restrictive clause that would prohibit the working of young people between
the ages of 14 and 16 years more than eight hours a day ; and
(Footnotes continued on page 138.)


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FIRST FEDERAL CHILD*LAB 01t LA W — PART II.

Although an order directing tiro insertion of the clause in all contrr.cts made by the Navy Department which required the employment
of laborers and mechanics in the fulfillment thereof was reported to
the WarLabor Policies Board in October, the clause had.not been gen­
erally found in contracts placed by the various bureaus of the Navy
Department up to April, when inspections by the Child-Labor
Division were discontinued;
The Emergency Fleet Corporation of the United States Shipping.
Board was the third largest governmental purchasing agency oper­
ating during the war. In July, 1918, 149 shipyards employing
an average of 248,543 persons were building merchant ships for the
corporation. In addition to contracts for work performed in ship­
yards, contracts were placed by the corporation for the construction
of shipbuilding plants, for the construction of dwellings to house
the shipyard workers, for building materials, and for equipment for
the completed ships. Although it was originally the intention of
the Industrial Relations Division of the Emergency Fleet Corporation
to have the child-labor provisions made a part of all classes of con­
tracts and subcontractsj no definite action toward this end had been
taken at the time of the armistice. It was then decided that in view
of the probability of the early discontinuance of the governmental
shipbuilding program, the labor clauses agreed upon by the War
Labor Policies Board should not be inserted in any of the contract
forms of the Emergency Fleet Corporation, but that the following
clause already included in almost all the contracts let by the board
should henceforth be universally used:
T h e co n tr a c to r w i ll c o m p l y w i t h

a ll i n s t r u c t io n s a s t o w a g e s a n d

c o n d i t io n s o f

e m p lo y m e n t o f la b o r o n th is c o n tra c t g iv e n to h im in w r itin g b y th e ow n e r.

If, b y

re a so n o f a n y s u c h in s t r u c tio n s , t h e - c o a t o f a r t ic le s s h a ll b e i n c r e a s e d -o r d e c r e a s e d ,
t h e n t h e s u m t o b e p a id b y t h e o w n e r t o t h e c o n tr a c to r s h a ll b e in c r e a s e d or d e c r e a s e d
b y su c h a m o u n ts.

While the authority given t h r o u g h this provision was undoubtedly
broad e n o u g h to cover all conditions o f .employment, it was obviously
Whereas the acceptance of such contracts with this restrictive clause inserted would1be contrary to the
spirit of the Supreme Court decision in-the recently- declared United States child-labor case, which recog?
nized the rights of the State to control in such matters; and
Whereas their acceptance with this restriction would further curtail production of essential war material,
at a time when labor is so scarce, due to the draft and th e requirements of the-Government in other linesof effort, such as the operation of the railroads, the shipbuilding industry, etc.; and
Whereas it would be unfair to mills on Government work since-miHs-on civilian business would.not be
affected thereby which would result in a shifting of help from one class of mills to the other; and
Whereas the operation of such clause would have the farther effect of reducing the output on civilian orders
also, it being impractical to most mills toseparate the labor working part on Government and part on
civilian orders: Wherefore; be it
Resolved That the board of governors of the American Cotton Manufacturers Association can not seo
its way dear to advise its members to rescind their action in declining contracts with these objectionable
da«?es inserted. W e feel that no industry has rallied to the Government more loyally in the great task
in hand having eat oh .civilian orders to. give the Government business preference, having changed aver
our mills so as to do Government work, having aided the Government in every possible way to obtain
the goods it desired in maximum quantities at minimum prices, having voluntarily accepted price fixing
and aided in same, and having responded generously to each financial call of every character whatsoever.
No lack of patriotism can therefore justly be attributed to mills for their action.


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SPECIAL INSPECTIONS.

im

inadequate as a substitute? for the clauses recommended by the War
Labor Policies Board unless accompanied or followed by instructions
<!iin writing” embodying specifically the terms of these clauses.
Unfortunately, no such instructions were generally issued with refer­
ence to the restriction of child labor or the maintenance of State
standards, even in the case of shipyards which were owned by the
Government itself. Had such instructions been given at the outset
and the attention of the contractors called to the necessity of exer­
cising care in the observance of prewar standards, it is .probable
that fewer violations of the State and Federal laws would have been
found by the inspectors of the Child-Labor Division in shipbuilding
plants.
The striking laxity in the observance of both State and Federal
child-labor standards found in the canneries inspected by the ChildLabor Division in the summer of 191835 showed the special need for
effective Federal regulation in the food-canning industry. Although
a large part of the canned goods produced in the United States,
during 1918 was purchased by the Government for the use of
the Army and Navy, it was not manufactured in fulfillment of
contracts made by the War and Navy Departments. In consequence,
it was not possible for these departments to regulate labor conditions
in the canneries through their contracting powers. However, under
the law creating the Food Administration, this body was given
certain regulatory powers over all food-producing concerns, including
the power to commandeer any part of the product of these concerns
which it deemed essential for war purposes. The Food Administra­
tion was represented on the War Labor Policies Board, and it was,
hoped by the chairman of the board that provisions, for the regulation
of labor conditions might legitimately be inserted in licenses issued
by the Food Administration, as in contracts made by the War and
Navy Departments and other direct purchasing agencies of the
Government. The executive heads of the Food Administration,
however, were unwilling to take this step, since they were of the opin­
ion that it was doubtful whether the purposes for which the ad­
ministration was created could properly be extended to include the
regulation of labor conditions in licensed food concerns. Therefore,
although practically every large canning concern in the country
was packing goods intended for Government consumption, during
the 10 months between June 3, 1918, when the Federal child-labor
law of 1916 was declared unconstitutional, and April 25, 1919, when
the ebiM-labor-tax law went into effect, there was no Federal childlabor regulation which applied to canneries.
Whole the child-labor clause was thus regularly incorporated in thé
contract forms of only two of the Government departments, it should
See pp. 95-105,130-132.


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FIRST FEDERAL CHILD-LABOR LAW — PART II.

be remembered that one of these, the War Department, was
the purchaser of the great bulk of the goods bought by the Gov­
ernment for war purposes. Moreover, through the contracts placed
by the War Department alone, almost all the principal child-employ­
ing industries were reached. Shipbuilding and the canning of food
products were the only industries in which any considerable number
of children were employed which were not in the market for War
Department contracts.
Pending the introduction of the clause into the contract forms of
the various purchasing departments, a special inquiry into the effect
of the war upon the employment of children in selected industrial
centers was made by inspectors of the division. This inquiry re­
vealed an alarming increase in the numbers of children employed in
practically all the industries and localities in which war production
had been undertaken on an extensive scale. It was therefore decided
that although definite information regarding the plants awarded
contracts containing the child-labor clause was not yet available
inspections should be commenced at once in selected localities and
industries in which it was known that large numbers of Government
orders had been placed. Inspections were accordingly commenced
in October in the textile and metal goods industries of Connecticut,
one of the States in which war production had been most, extensive.
A special discussion of the conditions disclosed by the Connecticut
inspections is to be found in a later section of this report.36
As information regarding the plants awarded contracts containing
the child-labor clause was reported to the division, inspections were
extended to other States. Because of the fact that the clause was
not inserted in the contract forms of any of the larger purchasing
bureaus until little more than a month before the signing of the
armistice and the subsequent general reduction in war orders, the
number of plants reported as actually working under the child-labor
provision was relatively small.
In all, 324 plants exclusive of shipyards were inspected with
a view to the enforcement of the child-labor contract clause in the
following States: Connecticut, Illinois, Indiana, Maryland, Massa­
chusetts, Minnesota, New Hampshire, New Jersey, Pennsylvania,
Vermont, and Wisconsin. In addition, a number of concerns working
on war orders were covered in the joint inspections made with the
State labor departments in New York and Kentucky. A few
plants awarded contracts containing the child-labor clause were
reported from other States, but their number was too small to warrant
the expense of inspection. No reports were received of contracts
let to child-employing industries in the Southern States during the time


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in which the clause was in effect, with the exception of one group of
textile mills in Alabama and a few clothing concerns in Georgia.
Three-fourths (243) of the 324 plants inspected under the childlabor contract clause were located in the four States of Connecticut,
Massachusetts, New Hampshire, and New Jersey, and the follow­
ing brief discussion of the conditions found in three of these States
may be regarded as typical of conditions in all the States in which
these inspections were made. A common characteristic of these
States was that their State minimum-age standards were the same
as the Federal. On the other hand, in six States—Connecticut,
Indiana, Maryland, New Hampshire, Pennsylvania, and Vermont—
the State hour standards were lower than the Federal. The test of
the effectiveness of the contract clause as a method of regulating con­
ditions of labor was therefore to be found in the observance of the
Federal hour standards by plants operating in these six States. A
first inspection, however, could hardly be considered a fair test,
Especially since many of the inspections were made in the period of
industrial reorganization following the armistice; and it was unfor­
tunately not possible, prior to the operation of the new Federal
child-labor-tax law, to make second inspections of plants in which
violations of the contract clause were found and reported to the
contracting Government agency.
Since the clause relating to child labor and the enforcement of
State laws had not been inserted in shipbuilding contracts by either
the Navy Department or the Emergency Fleet Corporation, no
shipyards had been reported to the Child-Labor Division for inspec­
tion. However, shortly after the inspections of plants working on
contracts containing the child-labor clause were commenced, a
number of complaints were received by the Children’s Bureau regard­
ing the illegal employment of children in shipbuilding plants. In
consequence of these complaints, a special investigation of childlabor conditions in that industry was undertaken by the division in
the winter of 1918 and the spring of 1919. Inspections were made
of 110 establishments in 23 States, including practically all the
shipbuilding plants on the Atlantic Coast, the Gulf of Mexico, and
the Great Lakes, and reported as employing together almost 300,000
persons. This inquiry (see Table K) showed not only a considerably
greater number of violations of State and Federal regulations than
was found in the inspections of other manufacturing establishments,
but also a serious tendency toward the employment of young children
in occupations which because of their hazard are in many States
prohibited for minors under 16 or, in some cases, for all minors
under 18. In all, 1,618 children under 16 were found at work by
the Federal inspectors, 143 of whom were under 14 years of age,
and 137 of whom were working more than eight hours a day. The

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number of children employed in hazardous- occupations prohibited
by State law or ruling was 447, or oyer one-fourth of the total
number of children under 16 found at work. A special study of
the hazards to which children were found exposed in the ship­
building industry was made by the division in connection with
these inspections, the findings of which are shortly to be published
in a separate report.
Connecticut.
Connecticut was selected as the State in which special inspections
of plants engaged in war production should be commenced for two
reasons. In the first place, pending definite information regarding the
placing of contracts containing the clause restricting child labor, it
was necessary to confine the inspection to well-known war produc­
tion areas. Connecticut was known to he a State in which large
amounts of war materials were produced. In the second place, in
order to ascertain how the child-labor clause was actually complied
with in plants engaged upon contracts in which the provision had
been placed, it was believed advisable to commence inspection in
States where the State standards were lower than the Federal.
The child-labor law of Connecticut established the same age mini­
mum for factory employment— 14 years— as the former Federal
child-labor law and the war contract clause. In addition, the State
law prohibited the employment of minors under 16 in certain hazardous
processes and occupations, and of minors under IS in certain other
occupations. The State hour standards, however, were distinctly
lower than those fixed by Federal regulation. While night work was
prohibited by State law for children under 16, they might be em­
ployed for 10 hours a day and 55 hours a week.
Children between 14 and 16 were required to secure an employment
certificate before they could be legally employed in any mechanical,
mercantile, or manufacturing establishment. In order to qualify
for a certificate, the child had to satisfy the issuing officer that he was
at least 14 years of age, that he did not “ appear to he physically unfit
for employment,” and that he was “ able to read with facility, to
write legibly simple sentences, and to perform the operations of
the fundamental rules of arithmetic with relation both to whole
numbers and to fractions/’ In actual practice the latter requirement
was regarded as equivalent to the completion of at least the fifth grade.
A certificate permitting work during the summer vacation might,
however, he secured without fulfillment o f this educational require­
ment. The law did not specify what kind of proof of age should be
required of applicants for certificates.
The Connecticut law differed from the child-labor laws o f other
States in two important administrative provisions: First, it was the
only State that provided for the issuance of all employment certificates

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ky one central authority,, the* State board of education;37 second,
it was the only State in which the enforcement of the laws relating to
minimum age and employment; certificates and, those relating' to
hours of labor and, dangerous trades were intrusted to entirely separate
agencies.
In addition to issuing employment certificates throughout the
State,, the agents of the State board of education inspected, establish­
ments for violations of the minimum age-and certificate law and also
directed and supplemented the work of the local truant, officers in the
enforcement of the schools attendance law. Inspectors; of the depart­
ment of labor and; factory inspection, on the other hand, made inspec­
tions for the purpose of seeing that the laws relating to the hours of
labor and dangerous occupations were observed. After the Federal
child-labor law of 1916 became operative, both the commissioner of
labor and factory inspection and the secretary of the State board of
education were commissioned by the Secretary of Labor to assist in
the enforcement of the Federal law. Acting under this authority,
agents of the State board of education during; the time the law was in.
operation inspected for violations of the Federal law regarding hours
of labor,, as well, as for violations- of the State and Federal minimum
age. requirements.
Shortly after the entrance of the United States- into the war, the
Connecticut legislature passed an act authorizing the governor, upon
request of the Council o f National Defense, to suspend or modify any
of the State labor, laws for definite periods, during the war- “ when es­
sential to national defense.’’ However, no suspensions or modifi­
cations of the State laws were made under the authority of this act
with regard to the employment, of children.
Plans for the Connecticut inspections were made after consulta­
tion with the State board of education and the State factory inspec­
tion department, the two bodies intrusted with the enforcement of
the State child-labor laws, and the Federal inspectors in their work
had the cooperation of. the agents and inspectors of these departments.
A few joint inspections were made with agents of the State board of
education in connection with the study of the certificating, system.
Violations of the State employment-certificate law found by the
Federal inspectors were reported to the agents of. the State board of
education, who brought, a number of prosecutions in the State courts
on the basis of this, information*
Inspections were commenced in Connecticut in the second week; of
November, 1918, and were continued into January, 1919, Addi­
tional inspections of plants later reported as- having incomplete or
37131 Wisconsin and Oregon, certificates must be issued b y a central'authority (in Wisconsin the-indus­
trial commission,, and in Oregon- the board of inspectors, of chüd labor) or some person designated b y *
but the persons designated are not in all cases paid agents of the central authority.


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FIRST FEDERAL CHILD-LABOR L A W — PART II.

‘ •open” contracts containing the child-labor clause were made in
March and April.
The total number of manufacturing establishments inspected in
Connecticut was 116, located in 30 cities and towns. In selecting
plants for inspection, emphasis was placed chiefly upon industries
reported or likely to be engaged either directly or indirectly in war
production. Inspections were made also of a number of establish­
ments reported by the State authorities as employing an unusually
large number of children, or as being unusually negligent in their
observance of the State law. The majority of the plants inspected
were engaged in the manufacture or finishing of textile goods, includ­
ing 20 woolen and worsted mills, 17 cotton mills, 13 silk mills, 3
hosiery and knit goods mills, 1 dyeing and finishing plant, and 1 mill
in which cordage was manufactured, making a total of 55 establish­
ments. The second largest group of establishments inspected^ con­
sisting of 36 shops and factories, manufactured various kinds of metal
goods,including foundry and machine shop products, tools andgauges,
chains and accessories, firearms, screws, locks, and other hardware,
typewriters, electrical fixtures, clocks and watches, buttons, hooks
and eyes, and metal novelties of various kinds. A number of these
establishments had turned over all or part of their equipment to the
manufacture of munitions or army equipment. In addition, inspec­
tions were made in 7 paper-box factories, 4 clothing shops, 2 plants
engaged in the manufacture of hats, 3 concerns making rubber goods,
1 printing plant, 1 bookbinding, 1 corset, and lsoap factory, 2 concerns
manufacturing leather goods, and 3 shipbuilding plants.
Of the 116 establishments inspected, 17 only were found to have
had no Government work during the period of the war. These were
practically all small plants, the majority of which produced articles
adapted chiefly for civilian needs. Thirty-one concerns, most of
which were inspected some time after the signing of the armistice,
reported that they had previously been engaged either directly or
indirectly on Government work, but that their orders had been com­
pleted or canceled before the time of the inspection. The remaining
68 were found to be engaged in war production at the time of inspec­
tion. Four of these were merely filling purchase orders, and 18 were
not working directly for the Government but were producing goods
for sale to other manufacturers for use in filling their war orders; so
that only 46 of the establishments inspected were engaged directly
in filling Government contracts. Over one-half (27) of these con­
cerns were found to be working on Navy Department or Shipping
Board contracts, which contained no clause relating to the restric­
tion of child labor, or on contracts placed by various bureaus of the
War Department before the date of the insertion of this clause in<the
contract forms Used by these bureaus. All contracts with the Quar
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145

termasters Corps of the War Department signed after September 20,
and all Ordnance contracts signed after October 15, in fulfillment of
which work was being done by 18 firms at the time of inspection,
were found to contain the clause restricting the employment of child
labor. Three other concerns were working on contracts containing
a clause prohibiting the employment of all children under 16 years
of age.
It was found that in most of the plants working on Government
goods the provisions of the child-labor contract clause were generally
unknown or disregarded, and children were employed in the filling of
war orders in violation of the hour standards imposed by the con­
tract. In the majority of cases the persons in direct charge of the
plant claimed to be entirely ignorant that their contract contained
any restrictions relating to labor. Even the representatives of the
War Department, who were on duty in some of these plants for the
purpose of seeing that the conditions of the contracts were fulfilled,
stated they had not been aware of the existence of the labor clauses.
In the majority of these cases the ignorance on the part of the local
management was due to lack of instructions from headquarters; the
actual contracts were kept in the main offices, which were located in
other cities, and only the production specifications were furnished
to the local management. In several other instances work was being
done in the fulfillment of contracts which had not been signed, or at
any rate not received from the contracting department. In one
plant all the children under 16 were employed in the office, and the
manager believed that since they were not engaged directly in the
manufacture of Government goods they were exempt from the regu­
lations imposed in the contract. The manager of one plant, who
admitted that children were employed in his plant in the manufacture
of Government goods in violation of the terms of the contract, justi­
fied his action by stating that he and other manufacturers had been
advised by counsel that since one department of the Federal Govern­
ment (the Supreme Court) had found the standards of the former
child-labor law unconstitutional, no other branch of the Government
could legally insist on the observance of the same standards.
The great expansion of Connecticut industries due to war produc­
tion, which began soon after the declaration of war in 1914 through
the placing of orders by agents of the allied Governments with the
various munition plants of the State, was early accompanied by a
marked increase in the employment of child labor. The records of
the State board of education relative to the issuance of employment
certificates, which are summarized in Table X I, show that the number
of children under 16 years of age entering employment on regular
certificates each year more than doubled in the period between Au­
gust 1,1914, and July 31, 1918. There was, moreover, a considerably
183106°— 21----- 10


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FIRST FEDERAL CHILD-LABOR LAW — PART II,

greater increase in the numbers going to work on vacation permits,
indicating that had it not been for the educational qualifications
required in applicants for a regular certificate the increase in the
number of children permanently leaving school for work would have
been much larger.
T ab le X I .— Em ploym ent certificates issued to children in Connecticut from A u g. 1,
1913, to July 31, 1918, classified by year o f issue and type o f certificate. 1

Certificates issued to children.

Per cent increase.2
Type of certificate.
1913-14 ; 1914-15

Regular certificate..
Vacation certificate.
Copies of certificate
(subsequent).........

1915-16

1916-17

1917-18

1914-15
over
1913-14

1915-16
over
1914-15

1916-17
over
1915-16

1917-18
over
1916-17

6,307 i
658

6,862
1,043

1L938
2,899

11,502
3,224

13,699
4,033

8.8
58.5

74.0
177.9

-3 .7
11.2

19. t
25.1

6,312

5,379

12,762

16,404

17,756

-1 4 .8

137.3

28.5

8.2

1 Compiled from unpublished figures furnished by Connecticut State Board of Education.
2A minus si gn ( — ) denotes decrease.

In spite of the greatly increased demand for child labor due to war
production, there appears to have been no tendency toward an
increase in the illegal employment of children through a relaxation of
administrative standards on the part of the State officials. As shown
by Table X II, not a single child under M years of age was found at
work by the Federal inspectors in any of the 116 plants inspected in
Connecticut, which together employed a total 'of some 70,000 persons.
No children were found working at night, and only 5 of the 2,079
minors between 14 and 16 years of age employed in these plants were
found to work over 10 hours a day, in violation of the State laws. It
must be remembered, however, that the greater number of the inspec­
tions of the Connecticut plants were made after the signing of the
armistice, in consequence of which many war orders had been can­
celed and there had been a general slackening up of production and
reduction of overtime employment.
Children between 14 and 16 years of age were found employed in
105 of the 116 plants inspected, representing practically all the
industries in which inspections were made. The 2,079 minors under
16 found at work in these 105 plants were almost half as many as the
total number of that age reported in the State as employed in 2,598
manufacturing establishments in the census of 1914,38 showing that
in all probability the number of children legally employed, even
after the reduction or cancellation of war orders, was even greater
than before the war.
88Abstract ol tbe census of manufactures, 1914, pp. 564-565, Washington, 1917.


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SPECIAL INSPECTIONS.

T able X I I .— Number o f m ills and factories inspected in Connecticut after June &,
1918, and number o f children em ployed in violation o f Federal and State age and hour
standards.

N um ber of children employed in ‘vio­
lation of Federal and State age and
hour standards.
Industry

Mills and
‘factories:
inspected.

Federal.

Total, exclusive of shipbuilding________. . . . . . . .

Clothing........ T............................................................................
Foundry and machine-shop products...............................
Brass, bronze, and copper products.................... ..............

State.

Federal

116

1,936

113

1,936

20
17
13
3
2
4
6
6
4
4
3
10

Rubber goods.............................................................. ..............

Hour.

Age.

3
8

130
331
92
51
28.
23 ^
12 ;
206
205 .
249 :
29 ,
152
131
32
152
,97

State.

S
3
1
1

3
Steel ships................... .................................................
W ooden ships....................... . . . .....................................

1

1 Other textile goods embrace: Cordage, 1 establishment; dyeing and finishing textiles, 1 establishment.
2 All other industries embrace: Leather goods, 2 establishments; soap, 1 establishment; bookbinding,
1 establishment; printing, 1 establishment; corsets, 1 establishment; h a ts,2 establishments.

Almost one-half (1,016) of the children between 14 and 16 years of
age found at work in the plants inspected (exclusive of shipyards)
were employed in the metal trades. Of these the largest number
were engaged in the manufacture of clocks and watches, brass, bronze,
and copper products,, hardware, and typewriters. Children were
employed in these industries in a large number of minutely sub­
divided occupations, most of them relatively unskilled and involving
work of a purely mechanical nature. The majority were engaged
in light bench work, such as the assembling, counting, sorting,
stringing up, and fitting of small parts; in inspecting and packing;
and in office and errand work. Other occupations in which children
were found include the operation of drills and other foot and power
presses, and milling machines; japanning, lacquering, and also serv­
ing as machinists’ and toolmakers’ apprentices. A few children
under 16 were found working in occupations prohibited by State
law, such as soldering, and operating stamping machines. Children
were also found in some instances working at dangerous or unpleasant
processes, or in undesirable places not specifically prohibited by
State law; as, for example, in the lacquering and japanning depart­
ments, where the workers are exposed to disagreeable and irritating

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FIRST FEDERAL. CHILD-LABOR LAW — PART II.

fumes. While only a few children were engaged in the actual work
of japanning and lacquering, a much larger number were employed
in the same rooms in stringing up the parts preparatory to their
being dipped in the lacquer. In addition to the children engaged in
the metal trades, 87 of the 58 boys under 16 found at work in the
Connecticut shipyards were employed in metal-working occupations.
The majority of these were employed in occupations in which they
were, or might be at any time, required to work on scaffolding in
violation of the State law.
About one-third (657) of the total number of children under 16
found at work in Connecticut were employed in the textile industries,
chiefly in the manufacture of cotton goods. These children were
engaged in the usual occupations of minors between 14 and 16
employed in such industries.
In the rubber-goods establishments, the majority of the children
were employed in making and fitting up different parts of shoes and
boots, which are the chief products of these factories in Connecticut.
A smaller number were engaged in laying out work, stitching, carry­
ing odd stock, cementing linings, cutting, sorting, and serving as
spreaders, varnishers, heaters, and calendar machine helpers.
The leading occupations in which children were engaged in the
manufacture of corsets were clasping, clipping threads, metal work­
ing, and inspecting.
In the making of paper boxes, children were found employed
mainly at light unskilled work, such as turning in the edges of the
paper “ strips,” fitting covers, pasting on labels and trimming,
packing, piling covers, tying up, stacking, carrying, and running
errands. A few were employed at stripping— that is, operating a
simple machine which covers the sides and ends of the box with strips
of paper. One child was found operating a corner-cutting and one a
corner-staying machine, both dangerous machines unless adequately
guarded.
Judging from information obtained from State officials and employ­
ers, the 8-hour day for minors under 16 had been generally observed
in Connecticut while the Federal child-labor law was in operation.
In some plants all minors under 16 had been dismissed, while in others
the hours of work for such minors had been reduced to conform to the
Federal standards. But as soon as the Federal law was declared
unconstitutional, the old schedule was resumed, and children were
found to be working regularly from 8$ hours to 10 hours a day in the
majority of the establishments inspected. An 8-hour day for minors
was found to be in operation in nine plants— in three of them because
the employer was under the impression that it was required by
State law. In one other plant the few children employed directly
in the manufacture of Government goods were on an 8-hour schedule,

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149

although this concern did not have any contract with the Government
which contained the clause restricting the hours of labor of children.
The usual schedule of work was 10 hours on the first five days of the
week, and 5 hours on Saturday, making a total of 55 hours a week,
the maximum permitted by State law. Though satisfactory time
records showing the actual hours of commencing and stopping work,
and the time off for lunch each day, were kept in only about a third
of the establishments inspected, evidence was secured showing that
5 children employed in 4 textile mills had worked more than 55 hours
during the week immediately preceding the inspection, and that
some dozen children were regularly employed between the hours
of 6 and 7 p. m. in violation of the State law. It should he stated
that in all the plants in which overtime violations were found the
regular schedule of hours conformed with the State regulations, and
the violations found were occasional rather than customary.
Certificates were not found on file for 63 children between 14 and
16 employed in 34 factories, nor for 17 children in 2 of the 3 shipyards
inspected. All these children were, however, of legal working age,
and a number of them had been certificated for work in some previous
job but had failed to apply for a new certificate on entering the
employment at which the inspectors found them at work. A few
were working on Rhode Island certificates, owing to the fact that
their employer believed these certificates fulfilled the requirements
of the Connecticut law. In several cases employers maintained that
the certificate had been mislaid, and their statements were supported
by the records of the issuing office, which showed that certificates
had previously been issued to the children in question.
In consequence of the centralization of the administration of the
employment-certificate system in one State agency the method of
issuing certificates and the enforcement of the certificate law in mills
and factories were substantially uniform throughout the State. In
general employers were found to be well informed about the require­
ments of the certificate law and desirous of living up to it. When
children were found by the Federal inspectors to be working without
certificates they were in almost every case sent immediately by their
employers to the issuing officer to be certificated. The only estab­
lishment inspected in which more than 5 children were found to be
working without certificates was- a shipbuilding plant where 17 were
found; this plant had taken on a greatly increased number of minor
employees during the preceding year. The plant was inspected at
the request of the agent of the State hoard of education of that
district, who, on the basis of the findings of the Federal inspectors,
brought suit against the owners and caused them to be fined in court
for violation of the Connecticut certificate law.


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FIRST FEDERAL CHILD-LABOR LA W — PART II.

Although the law did not specify the kind of evidence to be
accepted as proof of age the State board of education required that
birth or baptismal records be secured in preference to other evidence.
Connecticut is one of the States which have had for some years an
effectively administered birth-registration law, so that it is possible
to secure a town clerk’s certificate of age for almost all children
under 16 who have been born in the State. In the case of foreignborn children passports or immigration records were accepted, and
before the war children who eould not furnish such documentary
evidence were obliged to wait for their certificates until they could
obtain a birth record from their native country. The proof of age
demanded, therefore, conformed with the Federal requirements, except
that a parent’s affidavit might be accepted when satisfactory docu­
mentary e vidence was lacking. In actual practice, as the Connecticut
law was administered, this fact was not of serious importance,
since out of the total number of State certificates examined in con­
nection with the Federal inspections less than 2 per cent were found
to be issued on parent’s affidavit unsupported by other proof of age.
That an effort was made by the State authorities to secure the best
kind of evidence is shown by the fact that 95 per cent of the certifi­
cates examined were found to have been issued on documentary
proof prescribed by the Federal regulations.
Birth certificates had been furnished as evidence in almost threefourths of the total number of cases investigated by the Federal
inspectors. Such evidence was not, however, found to be uniformly
reliable, since the birth-registration law of Connecticut does not
prohibit a parent from registering the birth of his child at any time
merely by making affidavit of the child’s birth date before a registrar
of births. A child’s birth may thus be registered only a few hours
before he applies for his employment certificate. Since in a number
of towns no documentary evidence is required by the town clerk
in registering the birth in corroboration of the statement of the
parent, it is believed by the State authorities that a record of age
made under such conditions is of little value. Moreover, the date
of registration is not given on the transcript of the birth record fur­
nished the issuing officer, so that it is impossible for him to tell how
valuable such a record may be as proof of age. A number of such
abuses of the birth-registration law were found by the Federal inspec­
tors or reported to them by agents of the State board of education.
New Hampshire.
Inspections were made in New Hampshire in February, March, and
April of 1919. In all, 74 plants were visited, located in 26 cities
and towns. They included 50 textile mills, 11 shoe factories, 2 cloth­
ing factories, 2 shipyards, and 9 miscellaneous manufacturing con­
cerns. Although the greater number of these concerns had previously

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SPECIAL INSPECTIONS.

worked on war orders, only 8 were actually found to be manufactur­
ing Government goods at the time of the inspection.
The minimum age for employment in mills, factories, stores, and
offices fixed by the New Hampshire child-labor law was the same as
that required by the Federal regulations. Minors under 18 could not
work for more than 54 hours a week or 101 hours a day,39 or before
6.30 a. m. or after 7 p. m. Employment certificates issued by the
local school officials were required for children between 14 and 16 years
of age. No special restrictions regarding the employment of children
in hazardous trades were contained in the State law.
New Hampshire was unique in that all the provisions of its childlabor law were administered by educational authorities. Inspections
were made by inspectors of the State department of education for vio­
lation not only of the age and certificate law, as in Connecticut, but
also of the law regarding hours of labor. The New Hampshire
system differed further from that of Connecticut in that certificates
were issued by local school authorities, and local truant officers were
required to cooperate through visits and inspections in the enforce­
ment of the law in their respective districts. Inspectors of the State
department of labor cooperated by reporting suspected violations of
the law to the State educational authorities.
T able X I I I . — Number o f m ills and factories inspected in New Hampshire after June 3,
1918, and number o f children employed in violation o f Federal and State age and hour
standards, by industry .

Children employed in violation of Fed­
eral and State age and hour standards.
Industry.

Mills and
factories
inspect­
ed.

Federal.

T otal...................................... ................. .........................

TTTT*

1

1

, j,

v

Hour.

Age.

Federal.

State.

74

3

3

74

72

2

2_

74

2

2

13
18
31
1
9

2

1

1

1
1

1

1

16
16
15
3
11
2
9

State.

2

a Other textiles embrace: Linen goods, 1 establishment; silk goods,1 establishment; dyeing and finishin ;
textiles, 1 establishment.
_
,
. . . , ,
. , _ , ....
.

b A ll other industries embrace: Needles, hooks and eyes, 2 establishments; paper goods, 1 establishment,
electrical supplies, 1 establishment; toys, 1 establishment; leather goods, 1 establishment; optical goods.
1 establishment; boot and shoe findings, 1 establishment; book binding. 1 establishment__________________

ssThe act does not apply to labor performed entirely in the manufacture of munitions or supplies for the
United States Government or for the government of the State of New Hampshire, while the L nited States
is at war w ith any other nation. There are other exemptions not applying to factories.


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FIRST FEDERAL CHILD-LABOR LA W — PART II.

New Hampshire was one of the States in which the employment
of children was greatly increased through the pressure of war pro­
duction.40 The Federal inspections were not commenced until three
months after the signing of the armistice, when practically all war
orders had been completed or canceled, and all inspections were
made during the months when the schools were in session. Yet the
number of children under 16 (541) found at work in the 74 plants
inspected was greater than the total number of children under that
age reported in 1914 as employed in all the manufacturing industries
of the State combined.41
That this increase in the number of working children was not due
to any extent to the entrance into industry of children under legal
working age was shown by the fact that only three childrén under 14
were found at work in the plants visited by the Federal inspectors.
One of these, a boy of 13, was employed as cleaner and passer in a
shipyard, where he had given his age as 16 when he applied for work.
The other two, 13 and 11 years old, were employed as spooler and
weaver, respectively, in a small tape mill operated by foreigners, in
which a number of violations of the certificate law were also found.
These two children had claimed to be 16 or over when they applied
for work, as they did also when questioned by the Federal inspectors.
No violations of the State hour and night work regulations were
found. The general tendency in the plants inspected was to work
the entire force, both adult and minor, - considerably shorter hours
than the maximum prescribed by law. In 16 concerns a 48-hour
week had been established for all employees, the working-day being
8 hours and 40 minutes. Of the 541 children under 16 found at work
only 74 were employed for more than 8 hours a day. Of these 74
children only 1 was found in a plant working on war orders, although
at the time of the inspections such establishments were employing
181 children. No violation of the contract provisions was being made
in the case of the factory employing this child, however, since it was
engaged on a contract placed in May, 1918. The working-day for
minors was 8 hours or less in 17 of the 46 concerns in which children
were found at work. In a few establishments children had not been
put back on the full-time schedule when the former Federal law was
declared unconstitutional—in one case because of ignorance of the
Supreme Court decision.
.
A large number of the children found at work for less than the
8-hour day were employed as part-time workers. Although a child
under 16 was required to remain in school until he had completed the
<0 See Report of the Superintendent of Public Instruction, being the Fifty-ninth Report upon the Public
Schools of New Hampshire, 1915-16, pp. 26-28, and Annual Reports of the School Committee of the City of
Manchester, N . H ., for the year ending Dec. 31, 1915 _et seq.], prepared by the Superintendent of Public
Instruction.
a See Abstract oi the Census of Manufactures, 1914, pp. 564-565.


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SPECIAL INSPECTIONS.

153

eighth grade unless excused on recommendation of the State super­
intendent of public instruction, the law did not specify that he could
not work before or after school hours, on Saturdays, or during vaca­
tion. In actual practice the educational qualifications required for
a certificate were variously interpreted in different localities. In a few
towns no certificates were granted for work during the months when
the schools were in session except to children who had completed the
eighth grade. In Manchester only children who had reached the
sixth grade were permitted to work out of school hours.42 In most
towns, however, special permits to work before and after school and
on Saturdays were issued to children who had reached the age of 14,
regardless of the amount of schooling they had had. Children were
found working on special certificates of this kind in about one-fourth
of the plants inspected. Those who were employed both before and
after school usually began work at 7 or 7.30 a. m.— sometimes even
earlier—worked until 8 or 8.30 a. m., attended school during the full
session of 5 hours, and then returned to work from 3 or 4 to 6 p. m.,
making a day of practically uninterrupted work and schooling of at
least 10 or 11 hours. In Manchester and Nashua43 a system of parttime work was in effect. In these cities special classes had been
arranged so that children might work half the day and attend school
the other half. The mills and factories in these cities cooperated in
employing the children on two shifts, half of them going to school
for 4 hours of intensive study in the morning and working for 4 hours
in the afternoon, and the other half working for 4 or 5 hours in the
morning and going to school in the afternoon.
The proportion of children found at work without certificates in
New Hampshire was relatively small— 29, or 5 per cent of the total of
541 employed. The certificate law was generally found to be well
administered, and with somewhat greater uniformity than in other
States where the issuance of certificates is in the hands of local
officials. This doubtless was due largely to the careful supervision
given the work of the local officials by the State authorities. Forms
and methods of issuing and filing data relating to certificates we?e
prescribed by the State superintendent of public instruction. In­
spectors of the State educational department not only visited the local
issuing offices to examine the records and pass upon all proof of age
accepted, but they also inspected from two to four times a year all
the establishments in the State in which children were employed.
Thus they were able to check up on the administration of the certifi­
cate law from the factory as well as the office end.
42

Annual Report of the School Committee of the City of Manchester, N . H ., for the year ending Dee.
31, 1917, prepared b y the Superintendent of Public Instruction, p.‘ 8.

43

The Nashua condition was temporary, due to the burning of one school building and consequent crowd”
ing resulting in the lower grades attending school during the morning session and the higher grades
during ¿he afternoon session.


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FIRST

federal

c h il d -l a b o r

law

— PART II.

The New Hampshire law provided that proof of age must be fur­
nished by a record of birth or baptism, a passport, or some other
public record. In general, certificates were found to have been
issued on evidence acceptable under the Federal regulations, although
the State superintendent of public instruction had ruled that school
records or school census records might be accepted as “ other records ”
where no other proof was available.
Birth records were furnished as proof of age by the greater number
of children born in New Hampshire. Where a child has not been regis­
tered at birth, however, many town clerks as in other States are willing
to enter the record of his birth at any time merely on the oath of the
parent. These late birth registrations were found to be compara­
tively numerous. Superintendents had been empowered by the
State authorities to refuse such records where they were discovered;
but, since the birth certificate does not bear the date of registration,
the superintendent could not know without a personal search for
each child’s records which were recent and which were original entries.
Baptismal records were available for practically all Catholic children,
and these were very generally accepted as evidence of age in the case
of French-Canadian children born in Canada for whom no birth
records were available. Baptismal records were usually found to be
good, although a few cases of forged records, upon which employment
certificates had been issued, were discovered by the Federal inspec­
tors. In some towns it was found that school census records were
relied upon even when other evidence could have been secured.
The unreliability of certain kinds of documentary evidence usually
considered satisfactory, and the difficulty of determining the actual
age of a child in the absence of contemporaneous birth records,
were illustrated by the case of one child whose evidence pre­
sented bewildering contradictions. When asked for proof that she
was 16 years old, as she had claimed, the child produced a statement
written in Greek and purporting to have been signed by the mayor
of the city in Greece in which she had lived prior to coming to
America. According to this document she was 15 years old in
May, 1916, which would have made her 17 or 18 years old at the
time of the inspection, rather than 16, as she had claimed. A pass­
port, however, also dated May, 1916, stated that she was then 10 years
old, making her less than 13 when the inspection was made. When
pressed for an explanation, the father declared that the child s age
had been lowered in order to get her in at half fare. It is well known
that the ages of children are frequently falsified on passports for
the purpose of getting cheaper transportation rates to America; but,
on the other hand, fraudulent statements of the kind presented by
this child are reported to be manufactured in considerable numbers
in Manchester and other New Hampshire cities and sold to Greek

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SPECIAL. INSPECTIONS.

155

children op their parents for $5 each. In this case it was impossible
to tell whether the mayor’s statement was fraudulent or the age on
the passport falsified, or whether both records were incorrect.
New Jersey.
The age-and-hour standards established b y the New Jersey childlabor law were practically the same as those of the Federal law and
the child-labor contract clause, and the evidence of age acceptable
for certificates under the New Jersey law met the requirements of
the Federal regulations. In addition, the State law provided that
children under 16 could not obtain working permits until they had
completed the work of the fifth grade in school. It further prohib­
ited altogether the employment of any minor under 16 in certain
specified occupations or processes, and in any trade or process as
should cause “ such exposure to excessive heat, cold, muscular
exertion, or other physical risk as shall, in the judgment of the
commissioner of labor, be harmful to the health and future working
efficiency of such minor.”
Shortly after the Federal child-labor act became effective (Sep­
tember, 1917) inspections were made in 12 glass factories and 2
canneries located in the southern part of New Jersey. No children
under 16 were found at work in the canneries. In the glass factories
99 boys under 16 were employed. They were working as snappersup, carriers-in, and machine tenders, and also as packers, water
boys, spare hands, and office boys. One of these children was under
14, 1 was working at night, and 25 were employed in violation of the
Federal hour standards. In addition 37, or over one-third of the
total number, were working without certificates in violation of the
State law.
Further inspections were made in New Jersey in February, March,
and April, 1919, chiefly of establishments engaged in war work.
New Jersey was one of the States in which there had been the most
marked industrial expansion due to war production. As in Connec­
ticut, this expansion was early accompanied by a noticeable increase
in the employment of children. The scarcity of adult labor caused
manufacturers, even those who had never before hired children, to
employ them in considerable numbers.44 The increasing demand
for child labor in industries and occupations hitherto open only to
older persons, and the high wages offered, attracted large numbers
into industrial life who under normal conditions would have remained
in school. In Newark, for instance, the largest industrial city in
the State, the number of children taking out employment certificates
increased in 1915-16 41.9 per cent over the preceding year. In
Jersey City the number of children certificated was between three and
« State of N ew Jersey.

Report of the Department of Labor for the year 1017, p. 83.


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156

FIRST FEDERAL CHILD-LABOR LAW — PART

H.

four times as great in 1917-18 as in the year following the outbreak
of the European war. While in most cities the greatest increase in
the employment of children took place in the earlier years of the war,
the number leaving school for work continued to grow each year;
and in practically all the centers of war production there was a corre­
sponding decline in school enrollment, chiefly in the upper elementary
and high-school grades. This was especially noticeable in Trenton,
which, situated within easy distance of a number of shipyards, muni­
tion works, and other war factories, supplied child labor not only for
its own industries, but also for those of neighboring communities.
Almost 600 fewer children were enrolled in the seventh, eighth,
and ninth grades of the Trenton public schools in the autumn of 1918
than in the preceding year.45
In the inspections of February, March, and April, 1919, 36 plants
were visited; these were located in 18 cities and towns scattered
throughout practically every part of the State. Inspections were
made of 19 establishments reported by the War Department as en­
gaged in the fulfillment of Government contracts placed since the
date of the inclusion of the contract clause relating to child labor,
and in 6 other plants inspected, exclusive of shipyards, it was found
that Government orders had also been placed. Except for the ship­
yards and 4 other plants, 3 of which were merely filling purchase
orders and had no contract with the Government, all the plants
inspected reported that their Government orders had been completed
or canceled previous to the date of inspection.
The largest number of inspections made in any one industry was
23, in textile mills. Three of the factories inspected made uniforms,
1 men’s shirts, 1 shoes, 2 metal goods, and 1 asbestos linings. Four
were shipbuilding plants.
In the textile mills children were employed in doffing, winding,
creeling, spinning, weaving, quilling, twister tending, warping,
splicing, sweeping, oiling, and cleaning. Two thread mills made
their own spools and tubes, and children were engaged there in such
occupations as polishing and tapering spools and feeding forms for
labeling. In 2 textile mills boys were found working in occupations
forbidden by State law. One of these boys, who was employed for
odd jobs, was soldering at the time of the inspections, and the other
was operating a wood-turning machine in the spool department of a
thread mill.
Children were employed in the uniform factory as machine oper­
ators, markers, helpers, examiners, trimmers, buttonhole makers,
and clerks.
In the 32 factories inspected, exclusive of shipyards, 509 children
under 16 were found at work, of whom 458 were employed in textile
Unpublished figures in office of superintendent of education-


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157

SPECIAL INSPECTIONS.

mills. Seven children employed in 4 textile mills were found on
investigation by the Federal inspectors to be only 13 years of age.
Employment certificates giving their age as 14 or over were, however,
on file for 6 of these children, so that although they were actually
under legal working age, they were not employed in intentional
disregard of the law. Violations of the State and Federal hour
standards were much more frequent. Sixty-seven children under
16 were found to be working for more than 8 hours a day, 62 of whom
were employed in 8 textile mills, 2 in a factory manufacturing men’s
shirts, 1 in a factory manufacturing clothing specialties, 1 in a shoe
factory, and 1 in a metal goods factory. Thirty-eight of these vio­
lations were found in 1 plant. Time records were easily accessible
in almost all the establishments inspected, and on the whole were
satisfactorily kept, except that in some cases there was no
record of pieceworkers’ time. In the majority of cases, children
whose working day was longer than the law permitted had mis­
represented their age, claiming to be over 16, and their statements
had been accepted by the employer without corroborative evidence.
Certificates were not on file for 84, or 16.7 per cent, of the 502 children
between 14 and 16 years of age.
X I V .— N um ber o f m ills and fa ctories inspected in N ew Jersey after June 3 , 1918,
and num ber o f children em ployed in viola tion o f Federal and Sta te age and, hour
standards, by in du stry.

T able

Children employed in violation of Fed­
eral and ¡state age and hour standards.
Industry.

Mills and
factories
inspected.

Federal.

Total.................................................................................

36

Total exclusive of shipbuilding...............................

32

Hour.

Age.

14

1

State.

Federal.

14

1

7

8

3

2

1

1

. 5
4
e±

13

13

4

13

13

State.

72
67

72
!

67

42

42

5

5

2
6
10
2
3
2

2
6
10
2
3
2
5

Wooden ships....................................................................
1 Other textile? embrace: Jute g o o l3,1 establishment; dyeing and finishing, 1 establishment.
s All other industries embrace: Boots and shoes, 1 establishment; hardware, 1" establishment; metal
noveltie -, 1 establishment; and asbestos goods, 1 establishment.

The requirements of the child-labor law were somewhat less care­
fully observed in the shipyards than in other industries. This was
probably due in part at least to the fact that minors under 16 had
only recently begun to be employed in the shipbuilding plants, and
that the increase in the employment of children in that industry had

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158

FIRST FEDERAL CHILD-LABOR LA W — PART II.

been very rapid. According to the statistics of tbe industry taken
by the United States Census Bureau in 1914 and 1916, no manors
under 16 were employed in the New Jersey shipyards in those years.46
In the spring of 1919, after the rush of war production had somewhat
subsided, inspectors of the Child-Labor Division personally inter­
viewed 233 children under 16 years of age who were working in the
four shipyards inspected in the State. In addition, a number of New
Jersey children were found working in shipbuilding plants in New
York and Pennsylvania.
Among the 233 children under 16 years of age working in the New
Jersey shipyards, there were 13 boys employed in three different
plants who were under 14 years of age. Fewer children (5) were
found working in violation of the State and Federal regulations
regarding hours. At the time of the inspections, however, most of
the shipyards had eliminated overtime work, and information
secured by the inspectors pointed to the fact that, prior to the
armistice and the resumption of a strict 8-hour day, disregard of the
hour standards for children had been much more frequent.
It was in the observance of the certificate law that the greatest
carelessness was shown by the management of the shipbuilding
plants. While certificates were lacking for only one-sixth of the
children employed in the other industries, 158 boys employed in the
shipyards, or more than two-thirds of the total number (233), were
working without certificates. A number of these boys had previ­
ously been certificated for other jobs, but when applying for work at
the shipyards they had given their ages as 16 or over, and their
statements had been accepted without verification.
The danger in the employment of minors in the shipbuilding
industry was of more moment than might appear from the actual
violations of State and Federal regulations encountered in the
inspections. At least 107 boys under 16 were found in occupations
which exposed them to hazards from which legislation in certain
other States protected children of their age. No law or ruling pro­
tected children in New Jersey from the dangers involved in ship­
building. Moreover, probably because the employment of children
in shipyards was so recent a development, no interpretation of the
clause in the State law regulating the employment of children in
hazardous trades had been made which applied to shipbuilding
occupations.
Employment certificates were issued by local school authorities,
usually either the superintendent of schools, the chief attendance
officer, or a clerk under the direction of one of these officials. The
law attempted to secure a certain degree of uniformity of administra­
tion by requiring that the State commissioner of education should
« Census of shipbuilding (including boat building), 1914 and 1916, W ashington, 1919.


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SPECIAL INSPECTION'S.

159

prescribe all forms to be used in connection with the issuing of certi­
ficates throughout the State. In addition, copies of all certificates
issued, together with the original papers on the basis of which they
were granted, had to be sent for examination to the State commis­
sioner of labor, who was required to notify the State and local educa­
tional authorities if any had been illegally issued. Power to de­
mand the cancellation of any certificate which had been improperly
issued was lodged with the State commissioner of education.
In only one city were the issuing officer and other school authori­
ties found so indifferent to the purpose of the law as knowingly to
waive any of its requirements. Generally the issuing officers were
found to be entirely in sympathy with the purpose of the child-labor
law and anxious to enforce its provisions thoroughly. In administer­
ing the law, however, they differed considerably in their standards of
efficiency, according to their training and qualifications and the
amount of other work that they were called upon to do. As in
other States where certificates were issued by local school authori­
ties, the law was usually most efficiently administered in the larger
cities, where the numbers of children going to work necessitated the
appointment of special officers who gave their whole time to the
work of certificating, instead of attending to it incidentally as one
of a large number of duties. On the other hand, some of the most
effective work, especially in following up children to whom certifi­
cates had been issued, was done in smaller industrial communities.
In at least one town the chief attendance officer in addition to his
other duties made a point of personally inspecting small establish­
ments suspected of violating the law. Generally, however, the staff
appointed to enforce the law was so small that it was impossible to
follow up effectively the cases of all certificated children to see that
they were not illegally employed and to secure their immediate
return to school if they were out of work.
The requirements of the law regarding proof of age were generally
found to be well enforced, probably due, to some extent at least, to
the centralized supervision exerted by State authorities. Wherever
the law permitted any leeway, however, considerable variation in
practice was found. Thus, while birth and baptismal records were,
as the law required, always given preference, officials differed as to
the acceptability of other kinds of documentary evidence. Again,
according to the law, if no documentary evidence was available, a cer­
tificate of the child’s physical age based on an examination by a
school physician might be accepted as proof of age. In such cases,
however, the law required that an investigation of the child’s age
must be made, and permitted a delay of 60 days before the issuance of
the certificate, thus givin g. the authorities every opportunity to
locate documentary evidence. In practice, advantage was not always

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160

FIRST FEDERAL CHILD-LABOR LAW — PART II.

taken of this provision and, even when it was, the thoroughness with
which search was made for documentary evidence during the delay
varied in degree according to the standards of the local issuing officers.
In a number of cases investigated by the Federal inspectors where
children were given work permits on physicians’ certificates of age,
satisfactory documentary evidence was readily found; and this some­
times showed the child to be younger than the age given in the phy­
sician’s certificate— in a few instances even below legal working
age. In most cases this documentary evidence, chiefly birth and
baptismal records, could easily have been secured by the issuing offi­
cer through correspondence.
The New Jersey law required that children under 16 who were not
legally employed must be in school. In order that the school au­
thorities might have some means of knowing whether a child who had
been given a working permit was actually at work, the law required
that a child must make a new application for a certificate whenever
he went into a new job, and also that the employer notify the issuing
officer within two days after the child began to work, stating the
nature of his employment and the date of its commencement. Since
the law did not require that the child must secure a written promise
of employment before he was given a certificate, it is obvious that few
returns would be secured in this way without consistent effort on the
part of the issuing officers in following up negligent employers. In
most communities, however, little effort was made to follow up these
cases The issuing officer merely gave the child to whom a certifi­
cate had been issued a form to present to the employer, with instruc­
tions that it be filled out and returned to the school authorities. In
some offices, employers were written or telephoned to if the return was
not made. In only a few cities were the issuing officers successful
in securing returns from employers in almost every case. The most
effective method of securing the employer’s compliance—used, how­
ever in only one city—was by retaining the certificate m the issuing
office until the employer’s certificate had been returned. The child
was given a form stating that a certificate had been issued to him
and that as soon as the employer filled out and returned the notice
of commencement of employment the certificate would be marled to
him As the employer can be held liable for violation of the childlabor law if the working permit is not filed, a prompt return of the
employer’s certificate was usually secured.
The most serious defect in the certificate situation in New Jersey,
however, lay not in the method of issuing, but in the fact that large
numbers of children could obtain employment and continue work
without any certificates at all. While employers in general appeared
desirous of complying with the requirements of the child-labor law
regarding age. and hours, a number of them seemed unaware of the

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161

SPECIAL INSPECTIONS.

importance of conforming to the requirements regarding certificates.
Most of the violations of the certificate law, as of the requirements
regarding hours, were found in plants where the management was
careless in giving employment to children who claimed to be 16 with­
out making any attempt to secure proof that they were the age
claimed. The shipbuilding plants, where the employment of children
was an innovation, were the most serious offenders in this respect. In
three of the four yards inspected, the majority of children under 16
were working without certificates. In one plant only 3 of the 64
children under 16 who were interviewed at work had certificates on
file. While greater conformity with the requirements of the law was
found in the other industries, where it had been the custom for many
years to employ children, nevertheless, in a number of such establish­
ments, including some of the larger mills inspected, children under
16 had apparently found it easy, by misrepresenting their ages, to
obtain employment on a full-time basis. In one large mill, 40 chil­
dren claiming to be over 16 were found by the Federal inspectors to
be under that age. Thirty-eight of these were working over 8 hours
a day.
183106°— 21----- 11


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,

:


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APPEN DIX I. TABLES.
T a b l e A .— Number and per cent o f children fo r whom Federal certificates o f age were issued, Sept. 1 ,1 9 1 7 , to June S, 1918, on the basis o f specified
evidence o f age, by State o f issuance and color o f child.

Children issued certificates on the basis of specified evidence accepted as proof of age.

State of issuance and color of child.

North Carolina............................................
W h ite ................................................. . .
Colored...............................................................
South Carolina.........................................
W h ite..............................................................
Colored.......................................................
Georgia.......................................................
W h ite.................................................
Colored...................................................
Virginia......................................................
W h i t e ...........................................................
Colored.............................................................
N ot reported............................................................
Mississippi....................................................

Bible record.

Life
insurance
policy.

N um ­
ber.

Per
cent.

19,696

100.0

150

0.8

453

2.3

7,967

40.4

5,564

18,521
1,174

100.0
100.0
100.0

136
14

.7
1.2

439
14

2.4
1.2

7,687
279
1

41.5
23.8
100.0

5,092
472

N um ­
ber.

9,377

100.0

15

8,590
787

100.0
100.0

14
1

Per
cent.

.

N um ­
ber.

Per
cent.

N um ­
ber.

Per
cent.

N um ­
ber.

Per
cent.

Other
documentary
evidence.

Certificate of
physical age.

N ot
reported. .

N um ­
ber.

Per
cent.

28.2

711

3.6

4,834

24.5

17

0.1

27.5
40.3

692
19

3.7
1.6

4,458
376

24.1
32.0

17

.1

N um ­
ber.

Per
cent.

N um ­
ber.

Per
cent.

*2

233

2 .5

4,198

44.8

2,570

27.4

334

3.6

2,015

21.5

7

.1

.2
.1

226
12

2 .6
1.6

4,017
181

46.8
23.0

2,251
319

26.2
40.5

325
9

3.8
1.1

1,750
265

20.4
33.7

7

.1

5,874

100.0

17

.3

26

.4

2,302

39.2

1,668

28.4

277

4.7

1,574

26.8

10

.2

5,758
116

100.0
100.0

16
1

.3
.9

26

.5

2,262
40

39.3
34.5

1,640
28

28.5
24.1

272
5

4.7
4.3

1,532
42

26.6
36.2

10

.2

2,897

100.0

40

1.4

43

1.5

1,086

37.5

734

5.3

65

2 .2

929

32.1

2,837
60

100.0
100.0

35
5

1.2
8.3

43

1.5

1,067
19

37.6
31.7

724

25.5
16.7

63
2

2.2
• 3.3

905
24

31.9
40.0

1,210

100.0

72

6.0

104

8.6

290

24.0

578

47.8

26

2.1

140

11.6

999
210
1

100.0
100.0
100.0

65
7

6.5
3.3

102
2

10.2
1.0

250
39
1

25.0
18.6
100.0

463
115

46.3
54.8

23
3

2.3
1.4

96
44

9.6
21.0

10

338

100.0

6

1.8

42

12.4

91

26.9

14

4.1

9

2.7

176

52.1

337

100.0
100.0

6

1.8

42

12.5

91

27.0

14

4.2

9

2.7

175
- 1

51.9
100.0

M


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Baptismal
certificate.

...........
......... .........

........

... . .. . .

165

W hite.................................................. . ..
Colored...............................................................

Birth
certificate.

A P P E N D IX I— TA B L ES.

Total...........................................................
W h ite.........................................................
Colored...........................................................
N ot reported..................................................

Total.

166

T a b l e B .— Number and per cent o f children fo r whom Federal certificates o f age were refused, Sept. 1 , 1917, to June 3, 1918, on the basis o f
specified evidence o f age, by State o f issuance and color o f child.
Children refused certificates on the basis of specified evidence accepted as proof of age.

Total.

Birth
certificate.

Baptismal
certificate.

Bible
record.

Life
insurance
policy.

Other
documen­
tary
evidence.

Certificate
of
physical
age.

School
record.

Parent's,
guardian's»
or child’s
statement.

N ot
reported.

N um ­
ber.

Per
cent.

Total........................................................................ 2,156

100.0

6

0.3

34

1.6

255

11.8

636

29,5

36

1.7

404

18.7

413

19.2

369

17.1

3

0.1

1,621
308
137

100.0
100.0
100.0

5
-1

0.3
0.3

31
3

1.9
0.8

205
28
22

12.6
7 .0
16,1

472
143
21

29.1
35.9
15.3

29
5
2

1.8
1.3
1.5

346
42
16

21,3
10.6
11.7

336
74
3

20.7
18.6
2.2

196
100
73

12.1
25.1
58.3

1
2

0.1
0.5

1,097

100.0

15

1.4

130

11.9

379

34,5

20

1.8

149

13.6

194

17.7

207

81.9

3

0.3

788
246
113

100.0
100.0
100.0

14
1

1.9
0.4

100
13
17

13.6
5.3
15.0

255
105
19

34,6
42,7
16.8

16
2
2

2.2
0.8
1.8

116
24
9

15.7
9.8
8.0

138
53
3

18.7
21.5
2,7

98
46
63

13.3
18.7
55.8

1
2

0.1
0.3

377

100. Ò

1

0.3

3

0.8

53

14.1

119

31.6

6

1.6

134

35,5

21

5.6

40

10.6

383
33
11

100.0
100.0
100.0

1

0.3

3

0.9

46
4
3

13.8
12.1
27.3

112
7

33.6
21.2

3
3

0.9
9.1

124
3
7

37.2
9.1
63.6

20
1

6.0
3.0

24
15
1

7.2
45.5
9.1

388

100.0

3

0.8

1

0,3

50

12.9

63

16.2

5

1.3

63

16.2

146

37.6

57

14.7

355
25
8

100.0
100.0
10Ò.0

2
1

0.6
4.0

1

0.3

47 : 13.2
1
4.0
2 25.0

60
2
1

16.9
8.0
12.5

5

1.4

62
1

17.5
4.0

136
10

88.3
40.0

42
10
5

11.8
40-0
62.5

228

100.0

1

0.4

6

2.6

IS*

8.3

" 75

32.9

4

1.8

34

14.9

34

14.9

55

24.1

33.6
31.9
33.3

4

3 .0

20
14

14.9
15.4

25
9

18.7
9.9

25
28
2

18.7
30.8
66.7

1.5

24

36.4

18

27.3

10

15.2

24

39.3

17
1

27.9
33.3

W h ite ,. . . . . . . 1........................................ .......................
Colored..............................................................................
Not reported............ .................................... .................

South Carolina.................................................. ..
W h ite ,................................................................................
N ot rep o rted ..,.......................................................... .

W hite.................................................................................

W h it e .,.................................................... .........................


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

Num­ Per Num ­ Per Num ­ Per Num ­ Per Num­ Per N um ­ Per N um ­ Per Num­ Per Num ­ Per
ber. cent. ber. cent. ber. cent. ber. cent. ber. cent. ber. cent. ber, cent. ber. cent. ber. cent.

134
91
3

100.0
100.0
100.0

66

100.0

1

100.0
100.0
100.0

1

61
3
2

1

0.7

1.5
1.6

4
2

3 .0
2.2

10
9

7 .5
9 .9

9

13.6

3

4.5

1

14.8

2
1

3.3
33.3

1

9

..........

29
1

1.6

7 11.5
1 33.3
2 100.0

FIRST FEDERAL» C H IL D -L A B O R L A W :— APP E N D IXES,

State of issuance and color of child.

T able C .-C h ild ren fo r whom Federal certificates o f age were issued,_Sept. 1 1917, to June 3 , 1918, classified by number o f positions held during
specified period o f time, and by sex and color.

Number of positions*
Period of time.


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

19,696
2,809
1,417
1,387
1,139
1,302
1,133
1,446
1,734
1,486
5,722
119

Boys.

Girls.

9,996

9,700

1,505
734
684595
692
545
689
871
748
2,856

1,304
683
703
544
610
588
757
863
738

2,866
44

2.

One.

T \fo.

Total.

Boys.

Girls. Total.

17,848

9,028

8,820

2,790 1,495 1 J 9 5
1,390
715
675
1,335
658
677
1,076
565
511
1,187
636
551
1,026
494
532
1,288
591
69?
1,536
780
756
1,288
645
643
4,813 2,373 2,440
117
74
43
___ 2_ _____ 2_

Three.
Total

Boys.

Girls.

Total

Boys.

Girls.

1,620

789

731

292

158

134

34

20

14

18
27
46
63
104
89
141
164
156
710
2

li)
19
24
30
50
43
87
73
84
368
1

8
8
22
33
64
46
¿4
91
72
342
1

1

.

9,280

9,241

'16,746

8,351

8,395

1,454

753

701

2,488
1,351
1,306
1,067
1,235
1,076
1,380
1,629
1,375
5,500

1,277
692
638
545
647
512
656
810

1,211

2,470
1,324
1,255
1,005
1,125

1,267
673
613
516
593

1,229
1,437
1,193
4,621
110
2

564
721
593
2,273
70
___ 2_

1,203
651
642
489
532
5Ô9
665
716
600
2,348
40

18
27
46
62
100
SB
135
160
141
681
2

1Ö
19
23
29
48
3B
sä
72
76
355
1

8
8
22
33
52
45
53
88
65
326
i

66

3Ï>

n

,

688

112

2,742
71

2

2

668
522
588
564
724
819
687
2,758
41

1,174

715

459

1,101

676

425

320

227
42
46
50
45
33
33
61
60
114
4

93
24
35

319
66
80
71
62
51
$
99
95
192
7

227
42
45
49
43
28
27
59
52
100
4

92
24
35
22
19
23
32
40

1
1

1
1

66
.81
72
67
57

66
105

111
222
___7_

T

l

22
22
24
33
44
51
108

3

43

92
3

Five.

Girls.

18,521

659

Four.

Boys.

5

2

3

6
5
10
16
18
101

5

.....

”

Ï5T

1
4
6
6
4
15
20

2

3

6
5
9
15
18
100

4
9
6
15

3

1

8
13

1
2
1
1

2

1

1

1

1

1
11

i

Girls.
1

21

?2

1
3
1
2
2
25
.......
, |4

1

2
1
2
1
14.

io

1

1
2
2
25

i
.......

,14

T

1

1

1

1
2
1
14

1
11

1

i

4
1

1
1
1
3
7
16

ïÉ r

5

1
1
1
2
5
5

9

6
16
22
72

1Ö
14
15
30
39
172

?

Boys.

1

11
14
16
32
40
173

285

Total

1
1
1
1

1
1

**

* ••

APPENDIX I— TABLES.

Total.......................................................
Under 1 m onth...................... ........................
1 month but under 2 ....................................
2 months but under 3 ....................................
3 months but under 4 ....................................
4 months but under 5 ..............................
5 months but under 6 ....................................
6 months but under 7 .............................
7 months but under 8 ..................................
8 months but under 9 ................................
9 months but under 10..................
Inapplicable..................................................
N ot reported.......................................
W hite..................................................
Under 1 m onth...........................................
1 month but under 2 ...............................
2 months but under 3 .............................
3 months but under 4 ...............................
4 months but under 5 .................
5months but under 6 ...........................
6 months but under 7..................... 1 . . " . "
7 months but under 8 .....................
8 months but under’1# . ................... ..........
9 months but under 10......................... .
Inapplicable.............................
N ot reported___ ____ _____ ____
Colored...................................................
Under 1 m onth.........'..............................
lm o n th but un d er2........................... ..
2 months but under 3 ............................... .. . .
3 months but under 4 .................................. ’
4 months but under 5 .......... ............... ‘ ‘ ’
5months but under 6 ............................... . . "
6 months but imder 7 ............................" " "
7 months but under 8 ............................. ’
8 months but imder 9 ..............................
■
9 months but under 10............................. . . "
Inapplicable.................................................
Color not reported.................................
Under 1 m onth......................

Total.

168

FIRST FEDERAT. CHILD-LABOR L A W -— APPENDIXES.

T a b l e D . — Children fo r whom Federal certificates o f age were-issUCdi S ept. 1, 1917, to

June 3 ,1 9 1 8 , holding positions in specified number o f industries, by number o f positions
held.
Children for w hom - certificates were
issued holding positions in specified
number of industries.
Number of positions held.
Total.

T o t a l . . . . . . . . . . . . .........- ..................................... - ......... - ...............

Ï QIU1. ..••••••• •

, One,

Three.

Two.

19,696

19,503

191

2

17,848
1,520
292
34
2

17,848
1,364
260
29
2

156
31
4

1
1

T a b l e IS,.— Children fo r whom Federal certificates o f age were issued Sept. 1, 1917, to

June 3 , 1918, holding positions in specified number o f communities, by number o f
positions held.
Children for whom certificates were issued holding
positions in specified number of communities.
Number of positions held.
Total.

One.

Two.

Three.

Four.

Total.................................. ...............................................

19,696

18,886

769

38

3

17,848
875
142
19
2

645
116
8

34
4

3

* **

17,848
1,520
292
34
2


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

T a b l e F . — Number and -per cent distribution o f children fo r whom Federal certificates o f age were issued, S ept. 1 ,1 9 1 7 , to June 3 ,1 9 1 8 , by industry fo r

which first certificated and by sex and State.
NUM BER.

Total.

North Carolina.

South Carolina.

......... Georgia.

Virginia.

. Mississippi.

Industry.
Both
sexes.
Total...........................................................

Boys.

Girls.

Both
sexes.

Boys.

Girls.

Both
sexes.

Boys.

Girls.

Both
sexes.

Boys.

Girls.

Both
sexes.

Boys.

Girls.

Both
sexes.

Boys.

Girls.

19,696

9,996

9,700

9,377

4,650

4,727

5,874

3,005

2,868

2,897

1,480

1,417

1,210

702

508

338

158

180

Textiles and textile manufactures................... 17,181

8,521

8,660

8,138

3,938

4,200

5,738

2,944

2,794

2,743

1,367

1,376

294

143

isT

268

129

139

17,030

8,444

8,586

8,126

3,931

4,195

5,677

2,895

2,782

2,697

1,361

1,336

265

130

135

265

127

138

Cotton goods..........................................
Hosiery- and knit goods........................
Silk goods.............. T.................................
Woolen and worsted goods...............

14,601
2,198
196
76
59

7,450
846
69.
44
35

7,051
1,352
127
32
24

6,361
1,535
161.
22
47

3,252 3,109
581
954
57.
104
12 ■ 10
29
18

5,559
106

2,843
46

2,716
60

2,243
404
15
35

112
114
20
19

61
52
6
11

117
21

6

51
62
14
8

109
18

6

1,058
255
9
14

226
39

12

1,185
149
6;
21

Articles from textile fabrics for personal
wear........................ .....................................

135

' 64

71

11

Clothing (men’s ) .....................................
Other.................................. ...................

122
13

58
6

64
7

2
9

16
340
132
81

13
314
112
26

3
26
20
55

1
233
4
2

1
221
3

Tobacco manufacture...........................................

1,432

585

847

902

408

Stemmed and assorted tobacco................
Chewing and smoking tobacco..............

178
539
669
46

89
296
171
29

89
243
498
17

85
486
286
45

30
260
89
29

152
20
354
4

150
19
265
4

2
1
89

6
91
1

6
73

Other textile manufactures......................
Lumber and its remanufaetures...............
Leather and leather goods...........................
Paper and printing...........................................

Shipbuilding....................................................
Mines and quarries............................................
N ot reported.............................

.

6

5

57

47

10

45

5

40

19

4

15

3

2

1

53
4

47

6

2
3

6
4

45

5

40

19

4

15

3

2

1

4
11

2
11

2

1
21
30
16

1
20
27
3

1
3
13

10
75
98
63

9
62
82
23

1
13
16
40

494

94

25

69

15

4

11

421

148

273

55
226
197
16

19
26
48
1

7
13
5

12
13
43
1

U

74
27
320

52
23
73

22
4
247

18

31

26

5

152
14
90
3

150
13
78
3

2
1
12

70

29

41

M

12
1
2

15

4

72

59

,

13

APPENDIX I— TABLES,

Textile fabrics and materials.....................

05


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

T able

F — N um ber and per cent distribution o f children f o r w hom Federal certificates o f age were issued, S e p t. 1, 1 917, to June 3 ,1 9 1 8 , by industry f o r
which first certificated and by sex and
Continued.

W

<£>

P E R C R N T D IS T R IB U T IO N .

T o t a l......................................................... .•
Textiles and textile manufactures................ .
Textile fabrics and materials.....................
Hosiery"and knit goods.......................
Silk g o o d s... ............. ....................... ..
O

t h

e

r

_____ . . . . . . . . . . . . .

B oth I
Boys.
sexes.

Girls.

Both
sexes.

Boys.

Girls.

B oth
sexes.

Boys.

Girls.

Both
sexes.

Boys.

Girls.

Both
sexes.

Boys.

Girls,

Both
sexes.

Boys.

100.0

100.0

100.0

100.0

100.0

100.0

100.0

100.0

m o

100.0

1 0 0 .0

1 0 0 .0

1 0 0 .0

100.0

1 0 0 .0

100.0

100,0

97,7

97.9

97.4

9 4 .7

92.4

97.1

24.3

20.4

29.7

7 9 .3

61.6

77,2

96.6

96.3

97.0

9 3 .1

92.0

9 4 .3

21.9

18.5

26.6

78.4

80.4

76.7

94,7
2,1

7 7 .4

13.9

80.1
10.1

74.7
18.0

9.3
9.4

8.7
7.4

10,0
12.2

66.9
11.5

69.0
11.4

65,0
11.7

1.2

1.4

1.0

1.6

1.6

1.6

1.0

.3

2.8

1.6

.6

3.0

.9

1.3

.6

.9

1.3

,6

m o

St. 2
86.5

89.3

85.2

88.5

84.5

86.8
86.7

84.7
84.5

88.9
88.7

73.6
l i. 2
LO
.4
.3

74.5
8.5
.7
.4
.4

72.7
IS. 9
1.3
.3
.2

67.8
16.4
1.7
.2
.5

69.9
12.5
1.2
.3
.6

65.8
20.2
2» 2
.2
.4

94.6
1,8

94.6
1.5

.2

.2

.2

.7

.6

.7

a

a

a

1.0

1.6

.3

Articles from textile fabrics for per­
sonal wear....................................................

.9

Clothing (men’s ) ...................................Other.........................................................

.6
.1

.6
.1

.7
.1

Other textile manufactures........................
Lumber and its remaauf&ctures......................
Leather and leather goods..................................
Paper and printing...............................................

til
.7
.4

3.1
1.1
.3

P)
.3
.2
*6

0„
2.5
0
0

0
4.8

Tobacco manufacture...........................................

7.3

5.9

8.7

9.6

8.8

10.5

1.6

Stemmed and assorted tobacco................
Chewing and smoking tobacco.................
Cigars and cigarettes...............................; - .
Other not specified.......................... ............

.9
2.7
3.4
.2

.9
3.0
1.7
.3

.9
2.5
5.1
.2

.9
5.2
3.1
.5

.6
5.6
1.9
.6

1.2
4.8
4.2
.3

.3
.4
.8

1.5
Mines and quarries............... ................ .............
Other........................ ............... .................................
N ot reported.......................... ........... ....................

.1
1.8

0
0

a

a

1.0
0

1.6
0

0

.2
2.7
«
'

.9
.....

«

0

a

a

.1
,2

.3

a

0
0

.1

.8

2.4

.5

.2
.4
.2

.4
.5
1.5
0

.......
"

*’ ’ ’ .’ 9 * ‘ " .

.4
1.... -....-

1 Less th.au one-tenth of 1 per cent.


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

2

<
»1
1,4
Ù

0

.......

............

0

.1
.......

.7
1,0
,6

.4

.3

1.6

.2

1.6

2 .5

’ ' "

1.6

.6

3.0

.1

8,8
11.7
3.3

.2
2,6
3.1
7.9

............ —

n

.2

.9

6.2
8.1
5.2

.3

.8

34.8

21.1

53.7

............

7.4
3.3
10.4

4,3
,8
48.6

•******

’ ’ ’ ".’ è

6.1
2.2
26,4
12.6
1.2
7.4
.2

21.4
1.9
11.1
A

" ‘ .T

" ’"

2.8

Girls.

4 .0

' . ’9'

.4
.2
2.4

.......

.......
20.7

22.8

18.4

1

FIRST FEDERAL CHILD-LABOR LA W — APPENDIXES.

Industry.

Mississippi.

Virginia.

Georgia.

South Carolina.

North Carolina.

Total.

171

A P P E N D IX I— TA B L ES.

T able G. —

C h ild r e n f o r

J u n e 3, 1913, in

w hom

F ed era l

c e r tific a te s

o f

a g e w ere issu ed , S e p t . 1 , 1 9 1 7 , to

s p e c ifie d S ta t e o f is s u a n c e , b y c o u n t r y a n d S ta t e o f b irth .

State of issuance.
Country and State of birth.

cliildren.

South
North
Carolina. Carolina.

Georgia.

Virginia.

Missis­
sippi.

19,696

9,377

5,874

2,897

1,210

338

19,629

9,348

5,859

2,890

1,203

329

384
22
2,700
34
275
9,406
4,998
285
48
1,341
136

14
8
40
2
4
8,569
339
50
9
269
44

27
5
361
1
3
708
4,555
146
14
18
21

320
8
2,293
4
7
37
92
80
23
4
22

2
1
5

21

24
43

2
27

5
10

2
5

2
91
11
3

1
27
259
1
1
6
2

1,050
38

11

7

8
1

T a b l e H .— N u m b e r a n d c h a r a c te r o f v i o l a t i o n s o f F e d e r a l a g e a n d h o u r s ta n d a r d s f o u n d
in

th e

in s p e c tio n . o f m ills ,

lis h m e n ts , S e p t. 1 , 1 9 1 7 , to

c a n n e r ie s , fa c to r ie s ,

w ork sh op s,

State.

Total.
A lab am a...............
Arkansas................
Delaware______ , .
District of Columbia.
Florid a........................
Georgia.........................
Illinois..........................
Indiana.........................
Iowa.................. ............
Kansas.......... ...............
Louisiana.....................
Maryland.....................
Minnesota....................
Mississippi...................
Missouri........................
Nebraska.....................
New Jersey.................
North Carolina_____
Oklahoma...................
Pennsylvania. . . . . . .
Rhode Island.............
Fouth Carolina..........
Tennessee...................
Virginia.......................
W est Virginia.............

Total.

689

m a n u fa c tu r in g

es ta b ­

Num ber of children employed
in violation of Federal age
and hour standards.

Number of establishments violating
Federal age and hour standards.
Total
number
of
estab­
lish­
ments
in­
spected

an d

J u n e 3 , 1 9 1 8 , b y S ta te.

293

Employing children
Em­
between 14 and 16
ploy­
years of age.
ing
chil­
dren
Be­
More
under
More
than
tween
14
than
6 days 7 p. m .
years 8 hours
and
a
of age. a day. week. 6 a. m .

Under
14
years
of age.

35

385

Children between 14
and 16 years of age
employed.

More
than
8 hours
a day.

978

More
than
6 days

a
week.

Be­
tween
7 p. m .
and
6 a. m .

116

12
99

11
152

4
21

4

1

14
109

1
1

20

64
61
57
70


https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis

29
4
3

1

16
25
144
7

8
70
48
50
48
139

31

172

FIR ST FEDERAL C H IL D -L A B O R L A W — APP E N D IXES,

T ablé 1 .— Number and character o f violations o f Federal and State age and hour standard*
fou n d in the inspection o f m ills, canneries,fadories, workshops, and manufadUring estab­
lishments (exclusive o f shipyards) from June 3 , 1918, to A p r. 2 4 ,1 9 1 9 , by State.

State.

Total
number
of estab­
lishments
inspected.

Number of
establishments
violating age
and hour
standards.

Arkansas..................................
Delaware........ . . .....................
Florida.............................. ..
K e n t u c k y ............................
M a r y l a n d . .. .. .. ...... ...........
Massachusetts...................... .
M ichigan......................... .
New Hampshire....................
New Jersey........................ ..
New York.............. .................
North Carolina......... . ...........
O h io .......................... .
Pennsylvania........................
Rhode Island. . ......................
South Carolina.......................
Tennessee...............
Verm ont.................... ..
V i r g i n i a . . .. .. . ............
W est Virginia........................

1,187
36
113
6
15
1
1
17
1
217
124
21
19
72
32
138
53
95
19
37
24
1
4
31
103
7
1

Night.

Overtime.

Age.
Fed­
eral.

Total..............................

Number of children employed in violation of
age and hour standards.

State.
Fed­
eral.1

State.

Fed­
eral.*

State.

Fed­
eral.

State.

736

561

2,013

2,051

5,931

999

147

142

34
94
1
11

34
4
1
8

117

117

194
5

6

6

2
5

2
5

194
1,936
3
.
28

5
1
192
39
13
3
22
13
23
52
62
9
24
24
1

5

11

li

192
39
6
3
1
13
23
47
81
6
4
2
1

741
17
1

74Ì
17
7

6

6

2
1
3
622
99
8
6
2
3

2
1
3
430
327
8
6
2
3

Ì4
1
115
178
43
11
74
67
31
1,092
172
128
317
562
12

13
96
4

13
74
4

1
350
23

1
345
23

51
835
67

1Î
14
115
174
11
11

5

67
31
12
235
52

25
48

25
100

1
12
51
4
-'61

.........

a Employment of children between 14 and 16 years of age more than 8 hours a day or 6 days a week, or
before 6 a. m . or after 7 p. m.

T able J.— Number o f mines inspected and number o f children under 16, and under 14
years o f age em ployedin mines inspected, prior and subsequent to June 3 ,1 9 1 8 , by State.
P R IO R TO JU N E 3.

Number of
mines
inspected.

State.

Number of children
employed.

Under 14
Under 16
years of age. years of age.

28

168

12

2
15
2
9

5
145
3
15

1
10

15

111

8

13
2

62
49

6
2

1

S U B S E Q U E N T TO JU N E 3.


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A P P E N D IX I— TABLES,

T a b l e K — Number and character o f violations o f Federal and State child-labors tandards

Fed­
State.
eral.

Number
of children
in violation of age
standards.

Age.

Overtime.

Total.....................................

110

37

41

1,618

143

134

5
3
1
1
3
1
2
2

3
3

3
3

14

3
3

3
3


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4
7
1
5
1
4
1
6
4
2

...
..........

2
3

18
29

1
1

Li
1

19
16
3
3
31
15
16
48
48

!
3
2.
1

'

3
2
i

1
2
3 .......... 1...........
7
1
u
1
1
4
3
1
i
3
1
1
2
1
2
. 2
7
1
3
1
1
2
1
; 1
1
1
4
4
4
9
4
7
4
8
7
1
2
3
2.
1
1
1
1
1
1
1
1
4
4
4
6
5
3
3
1
1
1
9
3
3
3
5
3
2
2
2
1
1
3
8
6
2

137

75
65
10
62
62
28
3
3
32
25
7
233
256
254
2
31
25
6
24
369
367
2
24
224
220
4
2
2

156

2

2

447
-1 . -■
........
■

3
58
48
10
32

5
2
3

Night.

Féd­
Fed­
Fed­
State.
éral.
eral. State. eral. State.

Alabam a.................. . ............... ..
Steel ships.................. .............
Wooden sh ip s........................
Concrete s h ip s .......................
Connecticut.....................................
Steel ships...................... .........
Wooden ships.......................
Delaware (steel ships).................
F lo r id a ...........................................
Steel ships...............................
W ooden ships........................
Concrete ships.......................
Georgia.............................................
Steel ships................................
Wooden ships...................
Illinois (steel ships)........ ..
Louisiana.........................................
Steel ships.................. .............
W ooden ships.........................
Maine...................... .........................
Steel ships......... .....................
Wooden ships.........................
Maryland..........................................
Steel ships................................
Wooden ships.........................
Massachusetts................................
Steel ships................................
Wooden ships.........................
Michigan (steel ships)................
Minnesota (steel ships)...............
Mississippi (wooden ships)........
New Hampshire............................
Steel ships................................
Wooden ships.........................
New Jersey (steel ships).............
New Y o r k .......................................
Steel ships...... ............. ..........
Wooden ships.........................
North Carolina..............................
Steel ships................................
Wooden ships.........................
Concrete ships........................
Ohio (steel ships)..........................
Pennsylvania..................................
Steel ships........................ .
Wooden ships........................
Texas (wooden ships)..................
Virginia............................................
Steel ships................................
Wooden ships.........................
Wisconsin........................................
Steel ships.................. . . .........
Wooden ships.........................

h

employed
and hour

Number of children employed
in hazardous occupations
prohibited by State law
or ruling.

N um ber
of estabI i s -fa­
in e n t s
violating
age and
h o u r
sta n d ­
ards.

Number of children under 16
years of age found at work.

State and kind of ships man­
ufactured.

Total number of establish­
ments inspected.

fou n d in the inspection o f shipyards after June 3 , 1918, classified by State, and kind o f
ships manufactured.

.19

i •
1
- 1
1
18

19

18

..........

13
4
9

13
4
9

8
8

1
1

3
2
1

3
2
1

s

. ■
•*-•***"*
1

i
!..
j

1
1

- ■
11
1
1
1

..........
1
1

1

1

1
1

1
1

13
9
9

13
9
9

5
19
19

7
6

4
3

8
7

1

1
1
28
27
1
5
51
50
1

1

28
27
1
5
51
50
1

’ *V,“ **
. .....

‘

"

1
7
j .
1

1

1

*
5
47
47

38
........

**

. 82
82

82
82

2

2

2
2

2
2

223
221
2

1

APPENDIX IL
TEXT OF FEDERAL CH ILD-LABOR L A W OF 1916 AND RULES
AND REGULATIONS FOR ITS EN FO R CEM ENT.
{ P ublic — No. 349— 64th O o n g r e s s .]
[H. E . 8234.J

AN ACT TO PREVENT INTERSTATE COM M ERCE IN TH E PRODUCTS OP
CHILD LABOR, AND FO R O TH ER PURPOSES.

Be it enacted by the Semite and House o f Representatives o f the
United States o f America in Congress assembled, That no producer,
manufacturer, or dealer stall ship or deliver for shipment in inter­
state or foreign commerce any article or commodity the product of
any mine or quarry, situated in the United States, in which within
thirty days prior to the time of the removal of such product there­
from children under the age of sixteen years have been employed or
permitted to work, or any article or com m odity the product of any
mill, cannery, workshop, factory, or manufacturing establishment,
situated in the United States, in which within thirty days prior to the
removal o f such product therefrom children under the age of four­
teen years have been employed or permitted to work, or children
between the ages of fourteen years and sixteen years have been
employed or permitted to work more than eight hours in any day,
or more than six days in any week, or after the hour of seven o’clock
postmeridian, or before the hoar of six o ’clock antemeridian: Pro­
vided, That a prosecution and conviction of a defendant for the
shipment or delivery for shipment of any article or commodity under
the conditions herein prohibited shall be a bar to any further prosecu­
tion against the same defendant, for shipments or deliveries for
shipment of any such article or commodity before the beginning of
said prosecution.
S e c . 2 . That the Attorney General, the Secretary o f Commerce,
and the Secretary o f Labor shall constitute a board to make and
publish from time to time uniform rules and regulations for carry­
ing out the provisions o f this act.
Sec. 3. That for the purpose of securing proper enforcement of this
act the Secretary of Labor, or any person duly authorised by him,
shall have authority to enter and inspect at any time mines, quarries,
mills, canneries, workshops, factories, manufacturing establishments,
and other places in which goods are produced or held for interstate
commerce; and the Secretary of Labor shall have authority to employ
174


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A P P E N D IX n — T E X T OF L A W , AMD R E G U L A T IO N S .

175

such assistance for the purposes of this act as may from time to
time be authorized by appropriation or other law.
S e c . 4. That it shall be the duty of each district attorney to whom
the Secretary of Labor shall report any violation of this act, or to
whom any State factory or mining or quarry inspector, commis­
sioner of labor, State medical inspector, or school-attendance officer,
or any other person shall present satisfactory evidence of any such
violation to cause appropriate proceedings to be commenced and
prosecuted in the proper courts of the United States without delay
for the enforcement of the penalities in such cases herein provided:
Provided, That nothing in this act shall be construed to apply to
bona fide boys’ and girls’ canning clubs recognized by the Agricultural
Department of the several States and of the United States.
S ec. 5. That any person who violates any of the provisions of sec­
tion one of this act, or who refuses or obstructs entry or inspection
authorized by section three of this act, shall for each offense prior
to the first conviction of such person under the provisions of this act,
be punished by a fine of not more than $200, and shall for each offense
subsequent to such conviction be punished by a fine of not more than
$1,000, nor less than $100, or b y imprisonment for not more than three
months, or by both such fine and imprisonment, in the discretion
of the court: Provided, That no dealer shall be prosecuted under the
provisions of this act for a shipment, delivery for shipment, or trans­
portation who establishes a guaranty issued by the person by whom
the goods shipped or delivered for shipment or transportation were
manufactured or produced, resident in the United States, to the effect
that such goods were produced or manufactured in a mine or quarry
in which within thirty days prior to their removal therefrom no
children under the age of sixteen years were employed or permitted
to work, or in a mill, cannery, workshop, factory, or Manufacturing
establishment, in which within thirty days prior to the removal of
such goods therefrom no children under the age of fourteen years
were employed or permitted to work, nor children between the ages
of fourteen years and sixteen years employed or permitted to work
more than eight hours in any day or more than six days in any
week or after the hour of seven o ’clock postmeridian or before the
hour of six o’clock antemeridian; and in such event, if the guaranty
contains any false statement of a material fact, the guarantor shall
be amenable to prosecution and to the fine or imprisonment provided
by this section for violation of the provisions of this act. Said guar­
anty, to afford the protection above provided, shall contain the name
and address of the person giving the same: And provided further,
That no producer, manufacturer, or dealer shall be prosecuted under
this act for the shipment, delivery for shipment, or transportation
of a product of any mine, quarry, mill, cannery, workshop, factory,

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176

FIR ST FEDERAL C H IL D -L A B O R L A W — A P P E N D IX E S .

or manufacturing establishment, if the only employment therein,
within thirty days prior to the removal of such product therefrom, of
a child under the age of sixteen years has been that of a child as to
whom the producer or manufacturer has in good faith procured, at
the time of employing such child, and has since in good faith relied
upon and kept on file a certificate, issued in such form, under such
conditions, and by such persons as may be prescribed by the board,
showing the child to be of such an age that thé shipment, delivery for
shipment, or transportation was not prohibited by this act. Any
person who knowingly makes a false statement or presents false
evidence in or in relation to any such certificate or application there­
for shall be amenable to prosecution and to the fine or imprisonment
provided by this section for violations of this act. In any State
designated by the board, an employment certificate or other similar
paper as to the age of the child, issued under the laws of that State
and not inconsistent with the provisions of this act, shall have the
same force and effect as a certificate herein provided for. >
Sec . 6. That the word “ person” as used in this act shall be con­
strued to include any individual or corporation or the members of
any partnership or other unincorporated association. The term
“ ship or deliver for shipment in interstate or foreign commerce”
as used in this act means to transport or to ship or deliver for ship­
ment from any State or Territory or the District of Columbia to or
through any other State or Territory or the District of Columbia
or to any foreign country ; and in the case of a dealer means only to
transport or to ship or deliver for shipment from the State, Terri­
tory, or district of manufacture or production.
Sec. 7. That this act shall take effect from and after one year from
the date of its passage.
Approved, September 1, 1916.
R U L E S AN D R E G U L A T IO N S F O R C A R R Y IN G O U T T H E P R O V IS IO N S OF
AN AC T O F T H E C O N G R E SS O F T H E U N ITED S T A T E S A P P R O V E D
S E P T E M B E R 1, 1916, E N T IT L E D “ AN A C T T O P R E V E N T IN T E R S T A T E
C O M M E R C E IN T H E P R O D U C T S O F CH ILD L A B O R , A N D F O R O T H E R
P U R P O S E S ,” A D O P T E D B Y T H E B O A R D C O N S IS T IN G O F T H E A T T O R N E Y
G E N E R A L, T H E SE C R E T A R Y O F C O M M E R C E , AN D T H E S E C R E T A R Y
O F L A B O R , AU G U ST 14, 1917.
Regulation 1. Certificates o f age.

Certificates of age, in order to protect the producer, manufacturer,
or dealer from prosecution, shall be either:
1. Federal age certificates issued by persons hereafter to be desig­
nated by the board fo r children between 16 and 17 years o f age when
employment in or about a mine or quarry is contemplated and fo r children
between 14 and 16 years o f age when employment in a mill, cannery,
workshop, factory, or manufacturing establishment is contemplated.

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A P P E N D IX II— T E X T OF L A W , A N D R E G U L A T IO N S .

177

Such certificates shall contain the following information: (1) Name of
child; (2) place and date o f birth o f child, together with statement o f
evidence on which this is based, except when a physician1s certificate
o f physical age is accepted by the issuing officer, in which case physical
age shall be shown; (3) sex and color; if) signature o f child; (5) name
and address o f child’s parent, guardian, or custodian; (6) signature of
issuing officer; and (7) date and place o f issuance.
2. Employment, age, or working certificate, permit, or paper issued
under State authority in such States as are hereafter designated by the
board.
Regulation 2. P roof o f age.

Persons authorized by the board to issue age certificates under the
authority of this act shall issue such certificates only upon the appli­
cation in person of the child desiring employment, accompanied
by its parent, guardian, or custodian, and after having received,
examined, and approved documentary evidence of age showing that
the child is 14 years of age or over if employment in a mill, cannery,
workshop, factory, or manufacturing establishment is contemplated,
or that the child is between 16 and 17 years of age if employment in
or about a mine or quarry is contemplated; which evidence shall
consist of one of the following-named proofs of age, to be required in
the order herein designated, as follows:
(а) A birth certificate or attested transcript thereof issued by a
registrar of vital statistics or other officer charged with the duty of
recording births.
(б) A record of baptism or a certificate or attested transcript
thereof showing the date of birth and place of baptism of the child.
(c) A bona fide contemporary record of the date and place of the
child’s birth kept in the Bible in which the records of the births in
the family of the child are preserved, or other documentary evidence
satisfactory to the Secretary of Labor or such person as he may desig­
nate, such as a passport showing the age of the child, a certificate of
arrival in the United States issued by the United States immigration
officers and showing the age of the child, or a life insurance policy;
provided that such other satisfactory documentary evidence has been
in existence at least one year prior to the time it is offered in evidence ;
and provided further that a school record or a parent’s, guardian’s,
or custodian’s affidavit, certificate, or other written statement of
age shall not be accepted except as specified in paragraph (d).
{d) A certificate signed by a public-health physician or a publicschool physician, specifying what in the opinion of such physician is
the physical age of the child; such certificate shall show the height
and weight of the child and other facts concerning its physical develop­
ment revealed by such examination and upon which the opinion of
1 83 1 06 °— 21------- 12


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178

F IR ST FEDERAL C H IL D -L A B O R L A W -— A P P E N D IX E S .

the physician as to the physical age of the child is based. A parent’s,
guardian’s, or custodian’s certificate as to the age of the child and a
record of age as given on the register of the school which the child
first attended or in the school census, if obtainable, shall be submit­
ted with the physician’s certificate showing physical age.
The officer issuing the age certificate for a child shall require the
evidence of age specified in subdivision (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 evidence that the evidence of age required by
the preceding subdivision or subdivisions can not be obtained.
Regulation 3. Authorization o f acceptance of State certificates.

States in which the age, employment, or working certificates, per­
mits, or papers are issued under State authority substantially in
accord with the requirements of the act and with regulation 2 hereof
may be designated, in accordance with section 5 of the act, as States
in which certificates issued under State authority shall have the
same force and effect as those issued under the direct authority of
this act, except as individual certificates may be suspended or
revoked in accordance with regulations 4 and 8. Certificates in
States so designated shall have this force and effect for the period
òf time specified by the board, unless in the judgment of the board
the withdrawal of such authorization at an earlier date seems desira­
ble for the effective administration of the act. Certificates requiring
conditions or restrictions additional to those required by the Federal
act or by the rules and regulations shall not be deemed to be incon­
sistent with the act.
Regulation 4. Suspension or revocation o f certificates.
S e c t i o n 1. Whenever an inspector duly authorized under this act
shall find that the age of a child employed in any mill, cannery,
workshop, factory, manufacturing establishment, mine, or quarry
as given on a certificate is incorrect, or that the time record is not
kept in accordance with regulation 8, he shall notify the child, the
employer, and the issuing officer that the certificate or the acceptance
of a State certificate for the purposes of this act is suspended and
indicate such suspension on the certificate or certificates.
S e c . 2. A statement of the facts for which the suspension was
made shall be forwarded by the inspector to the Secretary of Labor,
or such person as he may designate, who will either (a) revoke or
withdraw the certificate or the acceptance of the certificate, or (&)
veto the suspension, as in his judgment the facts of the case warrant.
Due notice shall be sent to the child’s parent, guardian, or custo­
dian, to the employer, and to the issuing officer of the action taken in
regard to a suspended certificate.


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A P P E N D IX H — T E X T 0 P L A W , AJTD R E G U L A T IO N S.

179

Sec . 3. If the suspension of a certificate-be vetoed, a new certificate
shah be issued upon the surrender of the one suspended. If for any
reason such new certificate can. not be obtained from a State issuing
officer, the notice of the veto if attached to a suspended certificate
shall be recognized and accepted as meeting the requirements of
section 5>of the act.
Regulation 5i Revoked or suspended certificates.

A revoked or suspended certificate will not protect a producer,
manufacturer, or dealer from prosecution under section 5 of the act
after notice of such suspension or revocation,, except as provided in
regulation 4.
Regulation 6. H ours o f employment.

In determining whether children between 14 and 16 years of age
have been employed more than eight hours in any day the hours of
employment shall be computed from the time the child is required
or permitted or suffered to be at the place of employment up to the
time when he leaves off work for the day, exclusive of a single con­
tinuous period of a definite length of time during which the child is
off work and not subject to call.
•
Regulation 7. D ays o f employment.

A child may hot be employed for more than six consecutive days.
Regulation 8. T im e reeorcL

Section 1. A time record shall be kept daily by producers or
manufacturers, showing the hours of employment in accordance with
regulation 6, for each and every child between 14 and 16 years of age,
whether employed on a time or a piece-rate basis.
Sec. 2. Certificates of age for children employed in any mine or
quarry or in any mill, cannery, workshop, factory, or manufacturing
establishment may be suspended or revoked for failure on the part of
a manufacturer or producer to keep time records as required by this
regulation or for false or fraudulent entries made therein.
Regulation 9. Inspection.

An inspector duly authorised under this act shall- have the right to
enter and inspect any mine or quarry, mill, cannery,, workshop, fac­
tory, or manufacturing' establishment, and other places in which
goods are produced or held for interstate commerce; to inspect the
certificates of age kept on file, time records and such other records of
the producer or manufacturer as may aid in the enforcement of the
act; to have access to freight bills, shippers’ receipts, or other records
of shipments in interstate or foreign pommerce kept by railroads,
express companies, steamship lines, or other transportation companies
so far as they may aid in the enforcement of the act.


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180

F IR ST “FEDERAL C H IL D -L A B O R L A W — A P P E N D IX E S .

Regulation 10. O bstructing inspection.
S e c t i o n 1. It shall be the duty of a producer or manufacturer to
produce for examination by an inspector the certificates of age kept
on file and any child in the employ of a manufacturer or producer
whom the' inspector may ask to see. Concealing or preventing or
attempting to conceal or prevent a child from appearing before an
inspector or being examined by him or hindering or delaying in
any way an inspector in the performance of his duties shall be con­
sidered an obstruction of inspection within the meaning of section 5.
Sec. 2. No owner, manager, or other person in charge of premises
or records shall be subject to prosecution for obstruction of inspec­
tion if the inspector shall refuse upon request to submit his identi­
fication card for examination by such owner, manager, or other
person.
*

Regulation 11. Rem oval.

Withdrawal for any purpose of an article or commodity from the
place where it was manufactured or produced constitutes a removal
thereof within the meaning of the act; and the 30-day period within
which employment of children contrary to the standards prescribed
in section 1 of the act results in prohibiting shipment in interstate
or foreign commerce shall be computed from that time.
Regulation 12. Guaranty.
S e c t i o n 1. A guaranty to protect a dealer from prosecution under
section 5 of the act shall be signed by and contain the name and
address of the manufacturer or producer; it shall be specific, cover­
ing the particular goods shipped or delivered for shipment or trans­
portation, and shall not be a general guaranty covering all goods
manufactured or produced or to be manufactured or produced by
the guarantor. It may be incorporated in or attached to or stamped
or printed on the bill of sale, bill of lading, or other schedule that
contains a list of the goods which the manufacturer or producer
intends to guarantee.
Sec. 2. A dealer shipping goods from a State other than the State
of manufacture or production does not require a guaranty in order
to be protected from prosecution. (See sec. 6 of the act.)
Sec. 3. A guaranty substantially in accordance with the following
forms will comply with the requirements of the act:
F or products o f mines or quarries—

(I or w e), the undersigned, do h ereb y guarantee that th e articles or com m odities
listed herein (or sp ecify the same) were produced b y (m e or us) in a m ine or quarry


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A P P E N D IX II— T E X T OF L A W , A N D R E G U L A T IO N S .

181

in which within 30 days prior to removal of such product therefrom1 no children
under the age of 16 years were employed or permitted to work.
(Name and place of business of producer or manufacturer.)
(Date of removal.)
F or products o f a m ill, cannery, workshop, factory, or manufacturing establishment—
(I or we), the undersigned, do hereby guarantee that the articles or commodities
listed herein (or specify the same) were produced or manufactured b y (me or us)
in a (m ill, cannery, workshop, factory, or manufacturing establishment) in which
within 30 days prior to the removal of such product therefrom1 no children under the
age of 14 years were employed or permitted to work, nor children between the ages
of 14 years and 16 years were employed or permitted to work more than eight hours
in any day or more than six days in any week, or after the hour of 7 o’ clock p. m . or
before the hour of 6 o’ clock a. m .
(Nam e and place of business of producer or manufacturer.)
(Date of removal.)

Regulation 13. Alteration and am endment o f regulations.

These regulations may be altered or amended at any time without
previous notice by the board as constituted in section 2 of the act.
iDuring the month of September, 1917, a manufacturer or producer m ay substitute for the clause
■‘within 30 days prior to the removai therefrom” the clause “ on and after September 1,1917.”


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Federal Reserve Bank of St. Louis

APPENDIX III.
FO R M S USED IN CONNECTION W IT H T H E ISSUANCE OF
FEDERAL CERTIFICATES OF AGE.
[The words in italics are as entered by hand on the blank forms, but all names and addresses are fictitious. J

FORM NO. 1.
C. L . 7
Ü . S. D epartment of L abo r
Children’s Bureau.

IN F O R M A T I O N C A R D .*
February 8 , 1919.
(Certificate expires)

September 1 ,1 9 1 7 .

Virginia

Richmond

(Date issued)

(State)

(City or district)

Feb. 8 , 1903

1. Sm ith, Henry

(Mo., d a ., yr. of birth)

(Name of child)

W

2. Richmond, Va

(Color)

(Birthplace)

Certificate o f Physical Age

U

(Evidence of age)

(Age)

M

Clark S t. School, Richmond, Va.

(Sex)

(School last attended)

3. Sm ith, George
(Name of parent or guardian)

6

(Grade or school year»

. 227 High Street
(Address)

H en ry Smith
(Signature of child)

1 . Under 14 years of age.
4.

Certificate re­ 2. 16 or 17 years of age.
fused— reason 3. Unsatistactory evidence of age.
4. No evidence of age.

Bible Record
(K ind of evidence submitted)

Mary Brown

August 25, 1917.

(Issuing officer)

(Date of interview)

FORM NO. 1 (REVERSE).
Time
worked.

Name and address of
employer.

Industry.

34756

Borden M fg. C o., Rich­
mond, Va.

Cotton goods..

44564

Columbia K nitting C o.,
Richmond, Va.

K n it goods.

Began
11/5/17
Ended
3/2/18

56892

Borden M fg. C o., Rich­
mond, Va.

Cotton goods------

Began
4/3H 8
Ended

Certifi­
cate No.

Began
9/2117
Ended
10/24117

Began
Ended

Began
Ended

182


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Federal Reserve Bank of St. Louis

Certificate
sus­
pended.

Disposi­
tion.

183 •

A P P E N D IX I I I — P O E M S U S E D .

FORM NO. 2.
C. L . l

U. S. D epartment

L abor

of

Children’ s Bureau.

IN T E N T IO N T O E M P L O Y .
Henry Sm ith.
(Name of child)

Borden M fg . C o.
(Name of establishment)

M fg. o f cotton goods:.
(Nature o f business or industry)

Interstate.
(Engaged in interstate or foreign commerce)

The undersigned intends to em ploy the above-named child in accordance with the
provisions of the United States child-labor act and the regulations for the enforcement
of such act, upon receipt of a certificate showing the child is of legal age for em ploy­
ment.

The undersigned further agrees to return the certificate of age to the issuing

officer within three days after the child’s em ploym ent terminates.
Arthur M . H ill.
(Signature of employer or authorized agent)

18 Clark S t., Richmond, Va.

Date August M , 1917,

(Address)

FORM NO. 3.
C. L . 9

U. S. D epartment

of

L abor

Children’ s Bureau

T R A N S C R IP T

OF B IR T H

C E R T IF IC A T E .

This certifies that, according to the records of .this d ep artm ent.-------------------------- -•**
(Child’s full name)

on

was born in
(City or town and State)

(Month, day, year)

In case no official record of the child’s birth exists, th e following form should be
filled in:
This certifies that a search has been made of the records of birth oVRichmond, Va.,
(City, town, or county)

and the name of H enry Sm ith, said to have been born there on February 8 , 1908, has
(Name of child)

not been found.

(Month, day), year)

Charles Talcott, Registrar.
(Name and title)


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Federal Reserve Bank of St. Louis

184

FIR ST FEDERAL C H IL D -L A B O R L A W — A P P E N D IX E S .

FORM NO. 4.
C. L. 10

U. S. D epartment

of

L abor

Children’s Bureau

T R A N S C R IP T O F B A P T IS M A L C E R T IF IC A T E .
This certifies that, according to the records of this c h u r c h ,-------(chiid’sfillnameV'
WaS b 0 m i n ........................... ( ¿ ¿ ¿ ¿ p i a . . ; ....................................0 n ...................... (M onth; day,"year) " ..................

and was baptized o n ..................................

and was aged - - - - - - - - - - - ■■■: on that date*

(D ays, weeks, etcQ__________________ _

(M onth, day, year)______________

In case no record of the child’s baptism exists the following form should be filled in:
This certifies that no record is made of the baptism of ifenry ^hiid)^n

boobs

this church.
George Parsons,
(Minister or priest)

High S t. Methodist Church, 215 High S t.,
(Corporate name of church)

[ official

(Address)

s ea l .]

Richmond, Va., August 28, 1917.
(City or town and State)

(Date)

FORM NO. 5.
C. L . 14

U. S. D epartment

of

L abor

Children’s Bureau

P A R E N T ’S STATEM ENT.
Richmond, Va., September 1, 1917.
(City or county and State)

(Date)

T o th eC h ief o f Children's Bureau, Washington, D . C .:
I,
at m

the undersigned, hereby allege that I
High S L , and that the said child w j b o m M n

B w y » ¡ g g j rending
Virginia, on

February 8 , 1903, and that I have been unable to secure documentary proof of the
(Month, day, year of birth)

■

M

child’s age as enumerated in Regulation 2 of the Rules and Regulations for the
enforcement of the United States child-labor act, nam ely: (a) Birth certificate; (b)
baptismal certificate; (c) other satisfactory documentary evidence.
George Sm ith,
(Parent or guardian)

months, or by both such fine and imprisonment for each oliense subsequent to the first conviction.


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Federal Reserve Bank of St. Louis

A P P E N D IX III-

185

EORMS U SE D .

FORM NO. 6.
C. L. 13
U. S. D epartment

of

L abor

Children’s Bureau

P H Y S IC IA N ’ S C E R T IF IC A T E

OF AGE.

Richmond, Henrico C o., Va., September 1 , 1917.
(City or town, county, State)

(Date)

This certifies that I have examined H enry Smith and submit the following report:
(Name of child)

a

v

(1) 5 U in ., (2) 8 8 lbs., ( 3 ) ............................................................................................... (4) 1 4 yrs.,
(Height)

(5) N one.

(W eight)

(Other evidence of physical age)

Physician James T u lly.

(Evidence of disease)

(Physical age)

(6) County physician.

(Signature)

(Official position)

To the Doctor:
(7) A child m ust be 56 inches in height and weigh 80 pounds to be certified as
having reached the physical age of 14 years; and must be 57 inches in height and
weigh 85 pounds to be certified as having reached the physical age of 16 years.
reverse of this blank for exceptions to this rule.)

(See

(8) Physician signing must be a public-health or a public-school physician.
See reverse fo r directions to examining physician.

_______

( over)

FORM NO. 6 (REVERSE).
D IR E C T IO N S TO E X A M IN IN G P H Y S IC IA N .
1. H eight should be recorded to the nearest quarter inch.
be taken with the child wearing shoes.

Measurements should

2. W eight should be recorded to the nearest quarter of a pound. The child should
be weighed in clothing equivalent to ordinary winter indoor clothing. Hats and out­
side coats should be removed. Care should be exercised that no heavy objects are
carried in the clothing in order to increase the apparent weight.
3. Other evidence o f physical age.— Enter here any other evidence besides the height
and weight in support of the opinion of the physician as to the physical age of the
child.
4. Physical age.— Enter here the apparent age of the child in the opinion of the
physician.
5. Evidence o f disease.— E n ter here any evidence of disease found on physical exam­
ination, such as malnutrition, defective teeth, enlarged tonsils, tuberculosis, etc.
I f the child is apparently in good health and all organs are normal enter here: N one.
6. Official position.— Enter here title of physician, as, for instance: “ County health
officer,” “ School physician employed b y board of education,” etc.
7. The minim um standards given on the face of the certificate have been fixed
after consideration of the average height and weight of many thousands of children
in various parts of the United States.

The minim um standards given are far below

the average, yet a few children of 14 and 16 who are naturally very short and who are
yet normal m ay fall below these standards. Therefore the following exception to
the rule given on the face of the certificate m ay be made:
E xception.— W hen in the opinion of the examining physician the child is 14 or 16
years of age, and after a thorough physical examination the child is found to be in
good health and well nourished and all organs are found to be normal, the child m ay
be certified as being 14 or 16 years of age although falling slightly below the standard
given on the face of the certificate.

B u t in no case m ay a child be certified as 14

years of age who is less than 54 inches in height or weighs less than 75 pounds; nor
m ay any child be certified as 16 years of age who is less than 56 inches in height and
weighs less than 80 pounds.


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Federal Reserve Bank of St. Louis

FEDERAL CïlfLDHLABOIl LAW— APPENDIXES.

FIRST

186

FORM NO. 7.
C. L . 11

U. S. D epartment

of

L abor

Children’s Bureau

SCH OO L R E C O R D

OF AGE.

This certifies that the school register of Clark S t. School of Richmond, Va., contains
(School)

(City or district and State)

the reeord of th e school attendance of= H enry Sm ith in the 3d District:, and shows that
(F u ll name of child)

(City or district)

the age of said child on September 1 5 ,1 9 1 2 , was 9 and 7.
(Bate Of entrance)

(Years)

(Months)

E xact date of child’s birth as shown b y records of school February 8 , 190'S.
(Month, day, year)

A n n a Rogers, Principal,
(Principal or chief executive officer)

Richm ond 3d District.
(City or district)

Date, August 28, 1917.

FORM NO. 8.
C .L .6

U. S. D epartment

L abor

of

Children’s Bureau

34756
(No. of certificate)

N O T IC E O F C O M M E N C E M E N T O F E M P L O Y M E N T .
Notice is hereby given that Henry Smith commenced em ploym ent on September 2,
(Nam e of child)-

(Date)

Borden M fg. C o.,
(Firm name)

Arthur M . H ill,
(Signature of employer or authorized agent)

Richmond, Va.
(Address).

To the employer : This card should be detached, filled ont, and mailed (no postage
required) as soon as the child begins employment.
(over )
C. L . 6a

XI. S. D epartment

of

L ab or

Children’s Bureau

34756
(No. of. certificate)

C E R T IF IC A T E O F A G E .
1. Henry Sm ith.
(N a m e

6. M ale.
(S e x )

10

of child)

2. Feb. 8 ,1 9 9 3 .

7. George Sm ith.
(N a m e ,

of

3. Richmond, Va.

(Mo., day, yr. of birth)

paren t

(Birthplace).

8. 227 High Street.

or guardian)

(Address)

4. H enry Sm ith,

fe. W hite.

(Signature of child).

(Color)

9. Borden Mfg,. C o., 18 Clark Street.
(Name of employer) •

(Address)

I hereby certify that I have examined and approv ed the Certificate o f Physical A ge of
(Documentary evidence of agey

J

the above-named child and have issued' this certificate in accordance with the regula­
tions of the United States child-labor act.

I I . Mary Broivn, Washington, D . C.
(Signature of issuing officer)

Employment, terminated T9f2'4i;1 7■

Date-of issue', Sept. T, 1917.

This certificate should be returned to theissuiug officer- upon termination of child’s employment,


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Federal Reserve Bank of St. Louis

12.

(Address)

( over )

187

A P P E N D IX III— FOR M E USED .

FORM NO. 8 (RETORSE).
U . S. D E P A R T M E N T O F L A B O R

Official B usiness

Children ’ s B ureau
Washington
Return after five days

Penalty for private use $300

M ary B row n, A ssistant Inspector, W ashington, D . C.

N O T IC E T O E M P L O Y E R S .
1. T his certificate should be kept on file in the place of em ploym ent w hile the
child is in your employ, in accordance with regulations authorized under section 5
of the United States child-labor act.
2. This certificate is. to be returned to the issuing officer within three days after
the child’s em ploym ent terminates.

If the child does not enter your employ, this

certificate is to be returned to said officer within six days.
3. The United States child-labor act prohibits from shipment or delivery for ship­
ment in interstate or foreign commerce any article or com m odity the product of
any mine or quarry in which, within 30 days prior to the removal of such product
therefrom, children under 16 h ave been em ployed; or the shipm ent or delivery for
shipm ent of any article or commodity the product of any m ill, cannery, workshop,
or manufacturing establishment in which, within 30 days prior to the removal of
such product, children under 14 have been em ployed, or children between the ages
of 14 and 16 have been employed more than 8 hours in any day, more than 6 days
in any week, or before 6 a. m. or after 7 p. m.
4. The penalty for violation of the above provision or for refusal or obstruction of
entry or inspection is a fine n ot more than $200- for each offense prior to the first con­
viction, and not more than $1,000 nor less than $100, or b y imprisonment for not
more than three months, or b y both such fine and imprisonment, for each offense
subsequent to the first conviction.
5. If any alterations appear to have been made on this form it should be sent to the
Child Labor Division, Children’s Bureau, Washington, D. C.
6. Copies of the act and of th e rules and regulations will be furnished, on request,
b y the Child Labor Division, Children’s Bureau, Washington, D . C.
. (O V E B .)

FORM NO. 9.

f

C. L. »
U. S. D epartment

of

L abor

Children's Bureau

ID E N T IF IC A T IO N

CARD.

Certificate No. 34756, issued September 1 , 1917
To work for Borden M fg. Co.
(Firm name of employer)

Address Richmond, Henrico, Virginia, 18 Clark S t.
(City)

(County)

(State)

(Street and number)

To Henry Smith
(Full name of child)

Address Richmond, Henrico , Virginia, 227 High S t.
(City)

(County)

(State)

(Street and number)

Mary Brown, Assistant Inspector
(Issuing officer—Name and title)

Washington, D . C.
(Address)

The child should keep this card


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Federal Reserve Bank of St. Louis

188

FIR ST FEDERAL C H IL D -L A B O R L A W — A P P E N D IX E S ,

FORM NO. 10.
C. L . 2
U . S. D epartment of L abor
Children’s Bureau

R E P O R T TO

S C H O O L -A G E

Nam e of child Sm ith, H enry.

C E R T IF IC A T E

IS S U E D .

Certificate No. 34756

(Surname first)

227 High S t., Richmond, Va.
(Address)

Grade or school year 6 .
Date of birth February 8 , 1908.
Date of issue September 1 , 1917
M ary Brown, A sst. Inspector.
(Issuing officer— Name and title)

Washington, D . C.
(Address)

FORM NO. 11.
C. L . 17
U . S. D epartment of L abor
Children’s Bureau

D A IL Y

REPORT

O F C E R T IF IC A T E S IS S U E D .

Report of M ary Brow n, Assistant Inspector, October 22, 1917. •
(Name and title of issuing officer)

(W eek ending)

W ashington, D . C.
(Address)

Applications received
for certificates of age.

Date.

Place.
Month. D ay.

17
18
19
20
21
22

Disposition of applications.

Certificates.

ReappUcaFirst
Total
tions
applica­
re­
on con­
ceived. tions. tinued
cases.

Total
dis­
posed
of.

Issued.

Re­
fused.

10
12
8
15
6
12

25
26
27
22
18
20

20
19
28
19
15
18

6
7
4
S
S
2

16
19
11
13
6
9

es

1S8

114

24

73

Richm ond........................................
Richm ond........................................
Richm ond........................................
P etersburg......................................
Petersburg......................................
Richm ond........................................

40
45
88
86
29

SO
S3
SO
20
18
17

Total fo r week....................

211

148

n

Appli­
cations
con­
tinued.

Entries must be made daily and cards for preceding week mailed to Washington office every Monday.


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Federal Reserve Bank of St. Louis

189

A P P E N D IX III— FOR M S USED,

FORM NO. 12.
C. L . 12
U . S. D epartment of L abor
Children’s Bureau

N O T IC E O P

S U S P E N S IO N O P C E R T I F I C A T E .
Richmond, Virginia, January 3 , 1917.
(City or town and State)

Certificate

No.

issued

66782,

to

H illside

Manufacturing

(Date)

C o.,

under

authority

(Name of employer)

(United States child-labor act] and bearing the name of Clara Harm on, is hereby
^ IThe State o f........ ........................J
(Name of child)
suspended and w ill not protect against prosecution under section 5 of the United
States child-labor act.

Notice of the revocation or declaration of the validity of such

certificate in accordance with section 5 of the U nited States child-labor act w ill be
made later.
John Harrington.
(Inspector)
Copies of this notice are to be mailed (1) to the child whose certificate is suspended, (2) to the officer issuine
the certificate, and (3) to the Children’s Bureau, Washington, D . C.
5

FORM NO. 13.
C. L . 5

U. S. D epartment

of

L abor

Children’s Bureau

N O T IC E

OF VETO OP

S U S P E N S IO N .

W a sh in g to n , D . C ., January 15, 1917.
(Date)

The suspension on January 3 , 1918, of certificate No. 66782, issued to H illside M fg .
(Date)

(Name of employer)

n
,
,,
.(The United States child-labor act]
, ,
C o., under authority of|The gtate of.........................
land bearing the name of
Clara Harm on, is hereby V E T O E D .
(Name of child)

Grace A bbott,
Director Child-Labor D ivision.
According to Regulation 5, if a new certificate can not be obtained upon application to theissuing officer,
this notice filed with the suspended certificate will protect the employer against prosecution under section
5 of the United States childéabor act.


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Federal Reserve Bank of St. Louis

im

FIR ST FEDERAL CHILEHLAROR R A W — APPENDIXES,

FORM NO. 14.
C. L . 3
U . S. D epartment of L abor
Children’s Bureau

N O T IC E O F R E V O C A T I O N

O F C E R T IF IC A T E .

W a sh in g t o n , D . 0 ., February 6, 1918.
,

(Date)

Certificate No. 8892, issued to Northern Iron Foundry, under authority of
(Name of employer)

(United States child-labor aci1amj bearing the name of WittiaM- Bridgeman, is hereby
(Name of child).
[The State of . .................. ............ j
R E V O K E D . Employers are hereby warned against the acceptance of the abovenamed certificate under section 5 of the U nited States child-labor act.
Grace Abbott,
•

Director Chitd-Labor D ivision.

Upon receipt of this notiee employers are requested to return the designated certificate to the Children’s
Bureau, Washington, D . C., in inclosed franked envelope, which requires no postage.


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Federal Reserve Bank of St. Louis

INDEX

Page.
Age at which certificates should' be issued___
Age standard, Federal, adoption of, b y W ar

22

Labor Policies Board...........................
87
135
enforcement of...........................
violations o f...... , ............................. 5 5 ,171,172
See also [specified States].
State, enforcement o f.......................................
135
See also [specified States].
Alabama, age standard in......................................
57
certificate-issuing officers in.............................57-58
. certificating in , lack of uniformity in.......57-58
58
compulsory education in................................
designation o f................................................. 18,19,56
educational requirements i n . . . . ...............
58
evidence of age accepted in ............................. 56-57
home work in .....................................................
59
57
hour standard in ....................................
inspection of specified establishments in,
under child-labor act of 1 9 1 6 ... 56-59,171
occupations in which children were em­
ployed in.................
59
occupations in which children were for­
bidden employment in ......................... 39,91
physical age as proof of age unsuccessful
i n ................................................................
58
violations of Federal law in ..........................
59
Apprentices. See North Carolina, age stand­
ard in.
Arizona, designation o f.............................................18,19
educational requirements for entering
employment in .......................................
45
occupations in which children were for­
bidden employment in ......................... 39,91
Arkansas, age-standard i n .....................................
89
certificate-issuing officers in............................
89|
90
certificating in, laek- of uniformity in .___
compulsory education i n ........... ................
89
designation, o f....................................
18,19
hour-standard i-n....................................................... 89
inspection of specified establishments in ,
subsequent to June 3 ,1918............. 89,172
under the ehild-labor act of 1916.. 89-91,171
occupations to which children were em­
ployed in..................................................
89
occupations in whieh children were for­
bidden employment i n .......................
89
vacation-permits issued in .......... ................
90
violations of Federal law in.......................... 89,90
Baptismal certificates. See E vidence of ageBible record. See Evidence of age.
Birth certificates. See Evidence of age.
Birth-registration systems, unreliability o f....
Breakers, status of, in Pennsylvania____ ■___
Bureau of Internal Revenue. See ChildLabor Tax Division.
California, designation-of... . . , . . . . . . . . . . . . . . ___ is,
educational requirements for entering
employment in ................ .....................

Page.
California, occupations in which children
were forbidden employment i n ___ 39,91
Camps, cannery. See Cannery camps.
Canneries, inspection of, in specified States. .

89-90
See also [specified States].'
Certificates, physical age, basis for refusal o f..
36
corroboration o f . ................................ 3 2 34-36
number of children receiving,, in
specified States...................... ...............

35

number of children refused, in speci­
fied S t a t e s . . . . . . . . ........ ............. .......3 Q J0 0
unreliability o f................................... 3 2 - 3 0 ] 160
See also E vidence of age.
poverty, issuance o f.........................................
gg
60
provisional, issuance o f . ...................
special, issuance o f . .. __________________ 112 1 5 3
57
vacation, issuance of.................
8 8 ,90,95,105,110,112,125,126,142,146
undesirability o f......... .............................
88
See also (specified States].

Certificates of age, b y whom issued.

See

[specified States under certificateissuing, officer.]
efforts to standardize issuance o f................
Federal, classification of children-issued,
by ability to sign names,, sex, and

ig

State.............................
46-48,51-52
classification of children issued, by
105
evidence,, color, and State.. . . . . ___
by

grade

last

attended

and

State........................ ......... . . 42-45,50-51
by industry for which first cer­
tificated .......... .................... 38-39,50,169
b y sex and State................................. 4i -4 2
evidence-upon which issued_________ 2 3 - 2 4 ,
29-38,49-59,,165,177-178
forms used in connection with issu­
ance of. . . . . . . . . ...........
182-189
issuance of, in-specified “ designated”
--------------- -------------------------- 18,20-7.8
unspecified S ta te s.. . . . . . . _______
20,

22

83

25,26,27,62,68,69,75,78
method of recording........ . . ...................
25
need for extended age standard in
the issuance o f.......................................
22
number of^hildren applying for, in

19

43

specified States........................................27,28
number of children receiving, in
specified States.................
27,28

191


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Federal Reserve Bank of St. Louis

94,

95-105,109,129,130-132,155
lack of provision (for specified period)
139
for restricting child labor in..............
liability to accident and disease i n .. 102-103,132
See also Establishments.
Cannery Camps, insanitation o f....... ...............lo i, 102
101
undesirability of, far children......................
Certificate-issuing officers, power vested i n .. .
17

192

IN D E X ,

Page.
Certificates of age, Federal, number of chil­
dren refused, in specified S ta te s ... 27,28
power vested in officers issuing___ 17,89-90
protection of employer through.........15-16,
176-177
to whom is s u e d .......................................
21
State, administration concerning...............
20
protection of employer through.........16,177
Child-Labor Board, Federal, functions of----15
advisory committee to, functions o f .. 15,21
personnel o f......................
15
personnel of................................
15
regulations by. See Regulations.
Child-labor contract elause, administration
of...............................................
134-139
inspections with view to enforcement
of...................................
140-161
opposition t o ..................................................... 137-145
Child-Labor Division of the Children’s Bu­
reau, Federal and State cooperation
encouraged b y ........................................
14
functions of............................................................ 25,27
investigations b y .......................
11
11
organization of...................................................
purpose of.......................................................
11
Child-Labor Law, Federal (1916), adminis­
tration of..................................................
11
cooperation of States with Govern­
14,53-54
ment, in enforcement of............
duration of...................................................
11
enforcement of, insisted upon by
H on. Newton D . Baker.................. 104-105
inspections under. See
[specified
States].
opposition t o ......................................... 13,70,112
protection of employer through...................... 1516,175-176 (Sec. 5)
provisions of................................................ 13,15
requirements for uniform enforce­
ment of................................................
15
violations of.....................
........ 55,171,172
See also [specified States].
Child-labor laws, State, administration of— 26,27
classification of...........................................
54
knowledge of Children’ s Bureau con­
cerning administration of..................
15
suspension of, during war emergency.
133
variance in . .........-..................................26-27
Child-Labor Tax Board, functions of...............
11
H
personnel of.................................................
Child-Labor Tax Division, functions of..........
11
Children’s Bureau, committee for determin­
ing physical standards organized
b y ...............................................................
22
knowledge of, concerning administration
of State child-labor laws.....................
15
Cigar factories. See Factories, tobacco.
Clinics public, need of, for children in in­
dustry..............................
38,106
Colorado, designation of......................................... 18,19
educational requirements for entering
employment in......................................
44
Colored children, certification of, by speci­
fied evidence and S t a t e ....___ 49-50,165
by ability to sign names, sex, and
State.......................................................... 51-52


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Federal Reserve Bank of St. Louis

Page.
Colored children, certification of, by grade
last attended and S tate......................... 50-51
by industry for which first certifi­
cated....................... '.................................
50
illiteracy of.......... ...............................................
52
Compulsory education in specified States___
47,
58,60,89,98,112,118,126,143,152-153
Compulsory education.. See also [specified
States]!
53
Conference of State officials, purpose of.........
Connecticut, age standard in................................
142
certificate-issuing officers in...................... 142-143
certificates of age issued in, by type and
year................................................ 145,146,147
certificating system in, centralization of.. 142143,149
compulsory education in................................
143
designation of.................................................' . 18,19
educational r equirements for entering
employment in .................................
44,142
150
evidence of age accepted in ...........................
hour standard i n ........... ! .................................
142
inspection of specified establishments in,
subsequent to June 3,1918................. 140,
141,142-150,172
under child-labor contract clause.. . . .
140,
141,142-150
142
night work prohi bited i n ....................., ____
occupations, dangerous, in which chil­
dren were employed i n ................... 147,148
occupations in which children were em­
ployed in___ -.............................. 144,147,148
occupations in which children were for­
bidden employment in ................... 142,147
physical requirements for entering em­
ployment in............................................
142
vacation permits issued in........................... 142,146
violations of Federal standards in.............. 143,
145,147,148,149
Cooperation between State and Federal offi­
cials ........................................................................... 53-54
Delaware, age standard in .....................................
60
certificating in, lack of uniformity in........
61
compulsory education in................................
60
designation of..................................................... 18,19
educational requirements for entering
employment in ...................................... 45,60
hour standard in ...............................................
60
inspection of specified establishments in,
subsequent to June 3,1918.................
172
under the child-labor act of 1916. 60-61,171
occupations in which children were em­
ployed in .................................................
60
occupations in which children were for­
bidden employment in : ..................... 39,91
physical requirement for entering em­
ployment i n . ..........................................
63
poverty certificates issued in ........... ...
60
provisional certificates issued i n . . . . . . . . .
60
violations of Federal law in...........................
60
Designation of States under section 5 of the act 16-21
See also [specified States],
District of Columbia, designation of................. 18,19
educational requirements for entering
employment in......................................
44

193

INDEX.
Page.

of Columbia,

inspection of specified
establishments in, under the childlabor act of 1916...................................

171

Page.
Government contracts, enforcement of childlabor clauses in .....................................135,136
insertion of child-labor clauses in 87,134^138
Grade last attended, concerning colored chil­
dren............................................................ 5 0 - 5 1
_

Distriot

Educational requirements for entering em­
ployment. See [specified States].
Eight-hour standard. See Hour standard,
Federal.

unreliability ofstatements concerning. 45-46,51

Establishments engaged in war production,
inspection of, under child-labor
contract clause........................... 135,140-161
Establishments, specified, violations in, sub­
172
sequent to June 3 , 1918.......................
under the child-labor law............ 55,171
See also [specified States].
Evidence of age accepted as proof of age un­
der the Federal law:
Baptismal certificates.............................. 23,24,165
Bible record........................ ................. 24,29-30,165
Birth certificate................................... 23,24,29,165
Life-insurance policy..................... ......... 24,30,165
Other documentary evidence...............24,31,165
Parents' affidavit (when corroborated)...
24
Physical age certificate (when corrob­
orated)........................ ..................... 31-38,165
School census record ( when corroborated)
24
24
School record (when corroborated)............
Evidence of age accepted as proof of age un­
der State laws.
States].

See [specified

Factories, glass, hazardous occupations i n . .. .

121-

122,128
tobacco, employment of children pro­
hibited in, in specified States. . . 39,91,94
See also Establishments.
Florida, age standard in ...................................... ..
91
certificate-issuing officers in..........................
62
93
certificating in, lack of uniformity in........
designation o f..................................................... 1 8 1 9
educational requirements for entering
employment in .........................................4 4 6 2
62, 9 3
evidence of age accepted in ......................
hour standard in ...............................................
91
inspection of specified establishments in,
subsequent to June 3,1918.........91-93,172
under the child-labor act of 1916. 61-62,171
occupations, dangerous, in which children
were employed in............................
91 93
occupations in which children were em­
ployed i n .................................................. 61,91
occupation in which children were pro­
hibited employment i n ......................
91
violations of Federal law i n . . 61-62,70,91,92,93
Georgia, age standard in.................
certificate-issuing officers in............ ..
compulsory education in................................
educational requirements for employ­
ment in, lack of.....................................
hour standard in...............................................

26

26
47

47

26

inspection of specified establishments in,
underthechild-labor act of1916. 62-63, 1 7 1
issuance of Federal certificates in......... 25,26,62
occupations in which children were em­
ployed in .................................................... 62,63
violations of Federal law in.........................
63
Glass factories. See Factories, glass.

183106°— 21------13


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Federal Reserve Bank of St. Louis

Home work in specified States.................... 59,71,73
See also [specified States].
Hour standard, Federal, adoption of, by W ar
87
Labor Policies Board..........................
enforcement o f............................................54,135
violations of................................................ 55,171
See also [specified States].
State, enforcement of.............. ........................
135
See also [specified States].
Hours of labor. See Hour standard, Federal;
see also [specified States].
Idaho, educational requirements for entering
employment i n ......................................
44
Illinois, certificate-issuing officers i n .................63,64
designation of....................................................... 18,19
educational requirements for entering
employment i n .........................................45,63
evidence of age accepted in .........................63-65
inspection of specified establishments in,
subsequent to June 3,1918.............140,172
under the child-labor act of 1916 . 63-65,171
140
under child-labor contract clause___
occupations in which children were em­
ployed in ...................................................
64
physical requirement for entering em­
ployment i n .......................... : ...............
63
provisions of State child-labor law (July
1,1917) i n ................................................... 63,64

violations of Federal law i n .........................
64
Illiteracy, extent of, in specified S tates.. 47-48,52
Indiana, age standard in ........................................65,86
certificate issuing officers in ...........................66,86
certificating in , lack of uniformity in ........66,67
designation of............................................ 18,20,66
educational requirements for entering
employment i n . . . . . . . . ..................... 45,86
evidence of age accepted in .........................
66
hour standard in ............................................
65
inspection of coal mines in, subsequent
to June 3,1918...................................... 86,172
inspection of specified establishments in,
subsequent to June 3,1918.............. 140,172
under the child-labor act of 1916. 65-67,171
under child-labor contract clause........
140
occupations in which children were em­
ployed i n . . . ......................................... ' 65
occupations in which children were for­
bidden employment in ........................39,91
vacation permits issued in ......................... .
violations of Federal law in ......................... 66,88
Industry, number of jobs children held
while engaged in ....................................39-40
for which first certificated............... 38-39,50,169
Inspection under child-labor law (1916), of
mines in specified States............. 82-86,172
purpose o f.............................
53,55,56
States selected for........................................ 54-56
Inspectors, child-labor, need of, for mines
and quarries......................
82

194

INDEX.
Page.

I

Inspectors, relation between Federaland State 53-55
“ Intention-to-em ploy” cards, requirement
for............................................................. 38,125
required statements on................... ................38-39
Iowa, certificate-issuing offieersin.................
68
certificating in, lack of uniformity i n . . . .
68
designation o f................................................ 18,19
educational requirements for entering
em ploym ent................................. ..—
43,68
68
evidence of age accepted i n .......................
inspection of specified establishments in,
under the child-labor act of 1916. 67-68,171

occupations in which children were em­
ployed i n .............................................67,68
violations of Federal la w in ............... ............67-68
Juvenile examiner. See Ohio, educational
requirements for employment in.
Kansas, designation of............................................ 18,19
educational requirements for entering
employment i n .......... ...........................
43
inspection of specified establishments in,
under the child-labor act of 1 9 1 6 ....
171
Kentucky, age standard i n ...................................
94
94
certificate-issuing officers i n ..........................
certificatingin, lack of uniformity in...........
94
designation of......................
18,19
educational requirements for entering
employment.............................................. 45,94
94
evidence of age accepted in ...........................
hourstandardin................................................
94
inspection of coal mines in, under the
child-labor act of 1916...........................
83
inspection of specified establishments in,
subsequent to June 3,1918...............140,172
under the child-labor contract clause.
140
occupations in which children were em­
ployed in .............................i ...................
94
occupations in which children were for­
bidden employment in......................... 39,91
94
violations of Federallawin............................
K nitting machines, installation of, in homes. 71,72
Life-insurance policy. See Evidence of age.
Louisiana, designation o f...................................... 18,19
inspection of specified establishments in,
under the child-labor act of 1 9 1 6 ...
171
18,19
M aine, designation of.................................
educational requirements for entering
employment i n ......................................
44
inspection of specified establishments in,
subsequent to June 3,1918.................
172
Maryland, age standards in.................................95,104
certificate-issuing officers i n ........ .................
99
compulsory education in . . . . .......................
98
violation o f..................................................
103
designation of....................................
18,19
educational requirements for entering
employment...............................
45,99
evidence of age accepted in ..........................
100
hour standards i n ..................................... 95,98,104
inspection of specified establishments in,
subsequent to June 3,1918 . 95-105,140,172
under the child-labor act of 1916—
95,171
under the child-labor contract clause.
140


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Page.
Maryland, occupations, dangerous, in which
children were employed in ..........102,103
occupations in which children were em­
ployed in ............................................... 95,97
occupations in which children were for­
bidden employment in ..................... 39,91
physical requirement for entering em­
ploym ent in ..........................................
99
undesirability of cannery camps in ___101-102
vacation permits issued in ................... .
95
violations of Federal law in ........................
70,
95,96,97,98,99,100
Massachusetts, age standard in — ................. . 105
certificate-issuing officers in .....................105-106
continuation school attendance required
in B oston..............................
105
designation of................................................ 18,19
educational requirements for employ­
m ent in ................................................ 43,105
emergency suspension of labor laws i n . . . 108
evidence of age accepted in ........................
105
hour standards i n . . ; ....................................
105
inspection of specified establishments in,
subsequent to June 3,1918.............. 105109,140,141,172
under the child-labor contract clause. 140,
141
occupations in which children were
employed in ....................... 106-107,108-109
occupations in which children were for­
bidden employment in ----- 39,91,105,106
physical requirements for employment in.
105
special provisions in State law of............. 105
vacation permits issued in .........................
105
violations of Federal law i n . .. 106,107,108,109
Michigan, designation of....... ..............................18,19
educational requirements for employ­
ment in ......... ............, ..............................
inspection of specified establishments in,
subsequent to June 3 ,1918................

44
172

Mills. See Establishments.
Mines, inspection of, in specified States, under
the child-labor act of 1916........... 82-86,172
liability to accident and disease in ..............84,35
number of children under 16 years em­
ployed in ...................... ......................... 82,172
number inspected subsequent to June 3,
1918...........................................................172
number inspected under the child-labor
law...... ..................................................... 55,172
Mines and quarries, Federal law pertaining
to ................................................. - ..............82,174
need of child-labor inspectors for...............
82
Minimum age. See Age standard, Federal;
see also [specified States under age
standard].
Minnesota, designation o f ..................................... 18,19
educational requirements for entering
employment in ................................
43
inspection of specified establishments in,
subsequent to June 3, 1918...........140,172
under the child-labor act of 1 9 1 6 ....
171
under the child-labor contract clause
140
Mississippi, age standard in ................
27
educational requirements for employ­
47
m ent in, lack o f . . . . . ...........

195

INDEX,
Page.
Mississippi, hoar standard In ............... ..............
27
inspection of specified establishments
under the child-labor act of 1916. 68-70,171
issuance of Federal certificates i n . . 25,27,68,69
occupations in which children were em­
ployed in.............................
68,69
violations of Federal law i n . .....................' 69,70
Missouri, designation of.................. . . ......... . . . . 18,19
educational requirements for entering
44
employment in ...................................
inspection of specified establishments in,
under the child-labor act of 1916 ...
171
Montana, designation of........................................ 18,19
educational requirements for entering
employment in .......................................
43

Page.
age standard in...................................
109
110
certificate-issuing officers in .................
designation of.....................................................18,19
educational requirements for entering
employment in ............................. 43,109,110
evidence of age accepted in .....................
110
hour standard in ................................................
no

New York,

inspection of specified establishments in,
subsequent to June 3, 1918................

109112,140,172
under the child-labor contract clause.
140
occupations in which children were em­
1 1 1 -1 1 2
ployed in.......................................
physical requirements for entering em­
ployment in ............................................
in
no
vacation permits issued in.............................
violations of Federal law i n . . . . .........
Ill

N avy yards, application of Federal age and
134
hour standards to .............................
Night work, in specified States...........................
74,
Nebraska, designation of...................................... 18,19
78,120,128,129,132,155
educational requirements for entering
prohibited in specified States................... 142,152
employment in ..............................
43
See also [specified States].
inspection of specified establishments in,
North Carolina, age standard in................... 26,112
under the child-labor act of 1916.. 171
certificating provisions in, lack of........................... 11 7
Negroes. S e e Colored children.
compulsory education in ........................47,112,118
155
New Jersey, age standard in ..............................
educational requirements for employ­
certificating officers i n ......... .................... 158,159
ment in, lack of....................................
47
compulsory school attendance in ......................... 160
home work in ..................................................... 7 1 7 2
designation o f . . . . ............................................18,19
hour standard in .............................................26,112
educational requirements for entering
inspection of specified establishments in,
employment in .................................... 45,155
subsequent to June 3 ,1 9 1 8 ... 112-118,172
evidence of age accepted in ........................155,159
under the child-labor act of 1916.. 70-72,171
hour standard in ..........-................................ 155
issuance of Federal certificates in ............... 25,26
inspection of specified establishments in,
issuance of special certificates i n . ..............
112
subsequent to June 3, 1918............. 140,
issuance of vacation permits i n ........... .
112
141,155-161,172
number of children applying for age cer­
tificates in................................................ 28-29
under the child-labor act of 1916... 155,171
occupations, dangerous, in which children
under the child-labor contract clause. 140,
39
were employed in .................................
141,155-161
occupations in which children were em­
occupations, dangerous, in which children
ployed in..................................... 70,71,115-116
were employed in ..............................
158
violations of Federal law in................. 7 1 ,113-116
occupations in which children were em­
North Dakota, designation................................... 18,19
ployed in ........................................... 155,156
educational, requirements for entering
occupations in which children were for­
employment in ......................................
44
bidden employment in ..............39,91,155
overtime work in ................
158
Occupations, dangerous or injurious, employ­
violations of Federal law in . 155,156,157,158,161
m ent of children in . . . 39,84,86,91,93,94
New Hampshire, age standard in ....................
151
102,103,121-124,128,132,141,142,147,148
certificate-issuing officers in ........ ............
151
employment of children prohibited in
39,
compulsory education in ..........................152-153
89,91,94,105,124-125,142,147,155
designation of................................................... 18,19
in which children were employed in
duties of State department of education
specified States............. 59-73,75-78,80,83,
in ........................................................ 151,153
84,86,89,91,94,95,97,106-107,108-109,
educational requirements for entering
111-112, 115-116, 119,121,123,129,130,
employment in ................. .................44 153
131, 132,144, 147, 148,150, 151, 155, 156
evidence of age accepted in ..................
154
See also [specified States].
hour standard in .................................. . . . .
151
Ohio, age standard in ..............................................
ns
inspection of specified establishments in,
certificate-issuing officers in..........................
125
subsequent to June 3,1918..............
140 ,
certificating in, lack of uniformity in . . . .
125
141,150-155,172
compulsory education in ..................
126
under child-labor contract clause___ 140,
designation of............................................. 18,19,125
141,150-155
educational requirements for entering
night work prohibited in ............................. 152
employment in ............ 44,118,125,126,127
occupations in which children were
evidence of age accepted in ...........................
125
employed in ................................... 150,151
hour standard in ...............................................
iig
special permits issued in ..............................
153
inspection of specified establishments in,
violations of Federal standards in ............ 151,152
subsequent to June 3,1918............... 118-129


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INDEX.

196

Tage.

i

Ohio, occupations, dangerous, in which chil­
dren were employed in ........... 121-124,128
occupations in which children were em­
119,121,123,129
ployed i n ....................... ..
occupations in which children were for­
bidden employment i n . . . . 39,91,124-125
overtime work in .............................................119,120
physical requirements for employment
in ........................................
119,125
requirements for receiving employment
certificates in .................. ................'•••
125
vacation permits issued i n . . . . . . . . . . . . . 125,126
violations of Federal law in ..................... 119-120,
126,127,128,129

Page.
Potteries, hazardous occupations i n . . . . 123-124,128
Poverty certificates. S e t Certificates, pov­
erty.
Promise of employment. S e e “ Intention-toem ploy” cards.
Proof of age, suggestions to States for deter­
m ining................................................... 16-17
S e e a ls o Evidence of age accepted as proof
of age.
Provisional certificates. S e e Certificates,
provisional.

Regulations:
1. Certificates of age.................................. 176-177
2. Proof of age.................................. 23-24,177-178
Oklahoma, designation of................. ................... 18,19
3. Authorization of acceptance of State
educational requirements for entering
certificates.................... .'......................
48
employment in .......................................
44
4. Suspension or revocation of certifi­
inspection of specified establishments in,
cates......................................................178-179
under the child-labor act of 1 9 1 6 ...
171
*5. Revoked or suspended certificates----179
Oregon, certificate-issuing officers in .................
443
179
6. Hours of em ploym ent.............................
designation of.....................................................18,19
7. Days of employm ent................................
179
educational requirements for entering
8. Time record................................................
179
employment in .......................................
44
9. Inspection............................................... 179
74,
Overtime work, in specified S ta te s ..................
78,119,120,128,129,158
10. Obstructing inspection............................
180
11. Rem oval....................................
180
See also [specified States].
12. Guaranty................................................. 180-181
13. Alteration and amendment of'regula­
Parents’ affidavit, accepted as proof of age in
tions .......................................................
181
specified States............. 23,27,56-57,62,63,
H
Revenue act (1918), provisions of........ .............
65,66,76,78,79,83,85,93,117,150
Rhode Island, age standard in ...........................
73
corroboration of certificates of physical
certificate issuing officers in ........... ; ...........73-74
age by, under the Federal childdesignation of............................................ 18,19,73
labor law ............................................ 24,35-36
educational requirements for entering
Pennsylvania, age standard in ............................ 83,84
employment in .................................... 44,73
certificate-issuing officers in ..........................
84
evidence of age accepted in .......................
73
designation of................. ........................... - - - • 18,1®
home work in ........................................ .
73
educational requirements for entering
hour standard in ........................................ ..
73
employment in ...................................... 44,84
inspection of specified establishments in,
evidence of age accepted in ..................... 83,84,85
subsequent to June 3, 1918.............
172
hour standard i n .................................- ............
84
under the child-labor act of 1916.. 72-75,171
inspection of coal mines in, subsequent
occupations in which children were em ­
to June 3,1918.....................
172
ployed in ............................................... 72,73
under child-labor act of 1 9 1 6 ..... 83-85,172
overtime work in ...........................................
74
inspection of specified establishments in,
physical requirement for entering em­
subsequent to June 3,1918............ 140,172
ploym ent in .........................................
63
under the child-labor act of 1916.........
171
violations of Federal law in ......................... 73,74
under child-labor contract clause----140
“ Row boss,” employment of, in specified
occupations, dangerous, in which children
States.............................................. 70,96,97
were employed i n .................................
84
occupations in which children were
employed in ............................................ 83,84
occupations in which children were for­
bidden employment in ......................... 39,91

physical requirements for employment in
84
violations of Federal law in .................... 83,84,85
Permits. See Certificates.
Physical-age certificates.

Se°

Certificates,

physical age.
Physical fitness, requirement of, for certifi­
cation in specified places...................
38,
63,73,99,105, 111, 119,125,142
See also [specified States].
Physical standards, certificates of physical
age based upon.........................................32-35
organization of committee for determin-


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Federal Reserve Bank of St. Louis

School-census record, acceptance of, as proof
of age in specified S ta te s............... 63,66,
68,78,79,154
corroboration of certificates of physical
age b y ............................................... 24,35-36
School record, acceptance of, as proof of age,
in specified States.......... 63,65,78,105,154
corroboration of certificates of physical
age b y ....................................... . — 24* 35-36
variance i n ...................................................... 42,48
Secretary of War, extension of application of
Federal age and hour standards b y . 134
extract from address b y ........................... 104-105
Shipyards, child labor in, lack of provision
(for specified period) for restrict
in g _ ..................................................138,139

INDEX,
Page.

■V

Shipyards, hazardous occupations in .. 141-142,158
inspections of, subsequent to July 3,
1918..................................... 91,92,93,147,148,
149,151,156,157,158
violations of Federal standards in, subse­
quent to June 3, 1 9 1 8 ......................91,92,
93,139,141,173
South Carolina, age standard in..........................
27
compulsory education in................................
47
educational requirements for employ­
47
m ent in, lack of.....................................
evidence of age accepted in ...................... 23,27,76
hour standard in .................................. ........... 27,75
inspection of specified establishments in,
subsequent to June 3, 1918..............
172
under the child-labor act of 1916 . 75,76,171
issuance of Federal certificates.......... 25,27,75
occupations in which children were em­
75
ployed in .................................
violations of Federal law in ..........................
76
States, designated, classification of....................... 18-19
specified, issuance of Federal certifi­
cates in ................................................ 18,20,78
designation of, under section 5 of the a ct. 16-21

Tennessee, age standard in .................................76,77
76
certificate issuing officers in .......................
certificating in, lack of uniformity in ___
77
designation of........................................... 18,19,76
hour standard in . . . . . . . . . . . . . ...... .............
76
inspection of specified establishments in,
subsequent to June 3,1918.............. 172
under the child-labor law of 1916. 76 -77,171
occupations in which children were em­
ployed in ___. : . . . . ___ . . . . . . . . * . .. 76,77
violations of Federal law in ........ .. ..............
77
Texas, certificate-issuing officers in ..................
18
designation of
..................................... ...
18
inspection of specified establishments in,
subsequent to June 3, 1918............
172
issuance of Federal certificates i n ..............
18
Tobacco factories. See Factories, tobacco.
Utah, designation of............................................ 18,19
educational requirements for entering
44
em ploym ent in ............. ..........v.i.-.»#
occupations in which children were for­
bidden em ploym ent in ...............39,91
Vacation certificates. See Certificates, vaca­
tion.
Vermont, designation o f___; ......................... 18,19
educational requirements for entering em­
ploym ent in .............................
43
inspection of specified establishments in,
subsequent to June 3, 1918......... 140,172under the child-labor contract clause. 140
occupations in which children were for­
bidden employm ent in ............... 39,91
Virginia, age standard i n ...................................
130
certificate-issuing officers i n . . . .............. 19,20,77

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197

Page.
Virginia, compulsory education In....................
47
designation of...............................................18,19, 77
educational requirements for employ­
m ent in, lack o f . . . ..............................
47
evidence of age accepted in...........................77-78
hour standard in ........................................... 130,132
inspection of coal m ines in, under the
child-labor act of 1916........................ 83,172
inspection of specified establishments in,
subsequent to June 3 ,1 9 1 8 ... 129-132,172
under the child-labor law (1916). 77-78,171
issuance of Federal certificates in .............. 20,78
occupations, dangerous, in which children
were employed in ............................... 39,132
occupations in which children were em­
ployed in .............................
78,130,131,132
overtime work in ..............................................
78
violations of Federal law in ___ 78,130,131,132
W ar contracts. See Government contracts.
W ar Emergency Industrial Commission,
authority of.............................................
108
W ar Labor Policies Board, age and hour
87
standards adopted b y .........................
insertion of child-labor clauses in Govern­
m ent contracts b y .............. ................ 134-138
Washington (State), designation of.......................18,19
W est Virginia, age standard in ............... ..
78,79,85
certificate-issuing officers in ....................... '..
79
certificate requirements for employment •
in mines i n ..............................................
85
certificating in, lack of uniformity in ........
80
designation of........................................ 18,19,20,79
educational requirements i n . . . .................. 44,79
evidence of age accepted i n . . . .................... 79,85
hour standard in, lack of.......... , ......... . 78,128
inspection of coal mines in, under the
child-labor act of 1 9 1 6 .................. 83,172
inspection of specified establishments in,
172
subsequent to June 3,1918................
under the child-labor act of 1916.. 78-81,171
night work i n ............................. ..... . ., . . . . 128,129
occupations, dangerous, in which chil­
dren were employed i n .......................
86
occupations in which children were em­
ployed in.................................................. 80,86
physical requirements for entering em ­
ployment in .........................
79
violations of Federal law in ................... 80,85,86
Wisconsin, certificate-issuing officers in ....................... 143
designation of..................................................... 18,19
educational requirements for entering em­
ployment in ............................................. 44,45
inspection of specified establishments in,
subsequent to June 3, 1918............. 140,172
under child-labor contract clause___
140
occupations in which children were for­
bidden employment in ....................... 39,91
W ork permits. See Certificates of age.
Workshops. See Establishments.


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